Electoral Act 1992

An elector may appeal to the Court of Appeal against the boundaries set out in the notice under section 51(1) on the ground that the commission has not complied with this part in making the proposed electoral redistribution.

The appeal must be made—

within 21 days after the publication of the notice; and

in accordance with the rules of court of the Court of Appeal.

The commission is the respondent to the appeal.

If more than 1 appeal is made against the boundaries, every appeal must be dealt with in the same proceeding.

Any person having an interest in the appeal may apply to the court to be joined as a party to the appeal.

If an appeal is made, the notice under section 51(1) does not take effect until the appeal has been disposed of by the court.

On the hearing of the appeal under this section, the court may—

by order—

quash the notice, in whole or part, and, subject to such directions as it considers appropriate, order the commission to make a fresh or amended notice under section 51(1); or

dismiss the appeal; and

make any ancillary order as to costs or any other matter that it considers appropriate.

The court may make an order quashing the notice, in whole or part, only if the court is satisfied that—

the commission has not complied with this part in making the proposed redistribution; and

the noncompliance has had, or may have had, a significant effect on the boundaries of the electoral districts into which the State is to be redistributed under the notice under section 51(1); and

the interests of justice require the making of the order.

The validity of the electoral redistribution may only be called in question in an appeal under this section.

An appeal against the boundaries must—

be set down for hearing by the court as soon as practicable after the end of 21 days from the publication of the notice under section 51(1); and

must be heard and determined by the court as a matter of urgency.

Except as provided in this section, a decision made, or appearing to have been made, by the commission or a commissioner under or for the purposes of this part—

is final and conclusive; and

can not be challenged, appealed against, reviewed, quashed, set aside or otherwise called in question in any court or tribunal on any ground; and

is not subject to mandamus, prohibition, certiorari, injunction or any declaratory or other order of any court on any ground.

The prerogative writs of mandamus, prohibition or certiorari are no longer to be issued by the court.

If, before the commencement of this Act, the court had jurisdiction to grant any relief or remedy by way of a writ of mandamus, prohibition or certiorari, the court continues to have the jurisdiction to grant the relief or remedy, but must grant the relief or remedy by making an order, the relief or remedy under which is in the nature of, and to the same effect as, the relief or remedy that could, but for subsection (1), have been granted by way of such a writ.

In an enactment in force immediately before the commencement of this Act, a reference to a writ of mandamus, prohibition or certiorari is taken to be a reference to an order of a kind that the court is empowered to make under this section.

In this section—decision includes a failure to make a decision.