Under the Local Government Act 1993 No. 30, the roll of electors for a local government election is a composite roll comprised of the residential roll, the roll of non-resident owners of rateable land and the roll of occupiers and ratepaying lessees.

The roll of:

• non-resident owners of rateable land is a roll of property owners who either solely, jointly or severally, pay rates on a property but who do not live at the property or in that council area.
• occupiers and ratepaying lessees includes occupiers of rateable land who are not owners of the land, and lessees who, under the terms of a lease must pay rates.

Residential electors

Electors enrolled on the joint commonwealth/state electoral roll are automatically included on the residential roll for the council/ward in which they live. If you are enrolled it is compulsory to vote at a contested local government election or you may risk the imposition of a fine.

Public inspection of the rolls

Under the Local Government Act 1993 No. 30 both the Electoral Commissioner and council general managers are required to make copies of the residential and/or non-residential rolls available at their places of business for public inspection.

Non-residential rolls lapse after each election

Both the roll of non-resident owners of rateable land and the roll of occupiers and ratepaying lessees lapse after each election. Every person on these rolls must make a fresh application for each election.

Close of enrolment

The rolls for a local government election close on the 40th day before the day of the election. Advertisements reminding eligible electors to enrol are placed before the close of enrolment.

Non-residential claims

Claimants have responsibility for assessing their eligibility to make a claim for inclusion in the non-residential rolls for any council/ward. If unsure it is suggested that independent advice is sought prior to lodging a claim. Requirements for making a claim for inclusion in the non-residential rolls include that the claim be signed by the claimant in the presence of an eligible witness.

Enrolment requirements that apply to the preparation of non-residential rolls for:

• all councils, except the Council of the City of Sydney, are detailed in the Local Government Act 1993 No. 30
• the Council of the City of Sydney are included in the City of Sydney Act 1988 No. 48.
  

Claims for inclusion in non-residential rolls

All councils (except the City of Sydney)

Each council’s general manager prepares and certifies the non-residential rolls. We are not able to provide advice to individuals about eligibility for inclusion in the non-residential rolls of any council/ward. The Electoral Commissioner is required to confirm all non-residential rolls after council's preparation for inclusion in each roll of electors.

Claims must be made on the prescribed forms available from council offices or websites prior to a relevant election.

The Council of the City of Sydney

Current legislation (City of Sydney Act 1988 No. 48) requires that the Electoral Commissioner prepare and confirm the non-residential rolls for all elections for the Council of the City of Sydney.
Information for City of Sydney non-residential roll applicants will be available on this website in the period prior to the next Council of the City of Sydney election.

Note for all councils: There is an exception for non-residential rolls that relates to property used for parking a motor vehicle.

Am I an owner, occupier or ratepaying lessee?

The Local Government Act 1993 No.30 provides definitions of owner, occupier or ratepaying lessees.

Right to be enrolled as an elector

Under the Local Government Act 1993 No.30 a person entitled to vote at federal or state parliamentary elections is entitled to be enrolled as an elector if:

• a resident of the council/ward
• an owner of rateable land in the council/ward
• an occupier or ratepaying lessee of rateable land in the council/ward.

A corporation is entitled to nominate a person to appear on the roll on behalf of the corporation.

Only one vote in an area

A person/corporation is not entitled to more than one vote in any council area, even if the person/corporation is a multiple owner, occupier or lessee. If a person is qualified as a resident of a council/ward they cannot be enrolled for any other reason. If enrolled on the non-residential rolls for a council/ward electors are not required to vote (except in the Council of the City of Sydney).