Electoral Act 1992

The commission must keep an electoral roll for each electoral district.

Each electoral roll must, in accordance with this part, contain information in relation to the persons entitled to be enrolled for the electoral district.

Each electoral roll must also set out, in relation to each person—

the person’s surname and given names; and

the person’s address; and

the person’s sex, occupation and date of birth; and

an identifying number; and

any other prescribed information.

Each electoral roll may also set out, for each person who holds office—

as a justice of the peace—the initials ‘JP’ after the person’s name; or

as a commissioner for declarations—the initials ‘Cd’ after the person’s name.

If the commission is satisfied that the inclusion on a roll of a person’s address would place at risk the personal safety of the person or another person, the person’s address must not be set out in the publicly available part of the roll.

For the purposes of subsection (3)(b), a person’s address may, in the case of a roll prepared otherwise than in a printed form, be stated as a post office box number, mail service number or in another appropriate way in addition to the person’s residential address.

For the purposes of this Act, the commission may ask a government entity prescribed under a regulation to give the commission information of the kind mentioned in subsection (3)(a) to (c) as shown in any records kept by the entity.

To enable the commission to decide the persons who are not entitled to vote because of section 106(2), the commission may ask—

the chief executive (corrective services) to give the commission information about persons who are serving sentences or terms of imprisonment for offences against the law of the Commonwealth or of a State or Territory; or

the chief executive (youth justice) to give the commission information about persons aged at least 18 years who—

are serving a sentence of detention; or

were serving a sentence of detention of 1 year or longer and have been transferred to serve the sentence as a term of imprisonment.

The entity or chief executive must give the commission the information as soon as practicable after receiving the request.

The chief executive officer of the entity may, before giving the information, require payment of a fee decided by the chief executive officer that reasonably reflects the cost of extracting the information from the entity’s records.

The entity need not give the information about a person if the entity reasonably suspects that disclosing the information would be likely to endanger the person’s safety.

Subsection (9) has effect despite the provisions of any other Act that would otherwise permit or require the entity to refuse the commission’s request.

In this section—government entity includes—

a local government; and

a department, service, agency, authority, commission, corporation, instrumentality, board, office or other entity established for a State government purpose; and

a part of an entity mentioned in paragraph (b);