Findings with respect to section 50 of the Electoral Act
The Electoral Act 2017 requires the Electoral Commissioner to publish on this website any finding made and the reasons for that finding in response to a request made under section 50 of the Electoral Act for a list of enrolled persons and their particulars.
There are other means by which the Electoral Commissioner is compelled or authorised to provide access to enrolment information other than section 50 of the Electoral Act. Additional information can be found in the NSW Electoral Commission’s Disclosure of Enrolment, Electoral and Election Information Policy.
Findings during the 2023–24 financial year
|
|
|
|
|
|---|---|---|---|
|
21 August
|
Request by the Law Enforcement Conduct Commission (LECC) for access to the roll for New South Wales |
The public interest in providing the requested information outweighs the public interest of protecting the privacy of the information (meaning the request is approved). |
The public interest in providing the requested information was identified to be, criminal law enforcement. The safeguards implemented by the LECC with respect to the security and protection of enrolment information together with the permitted use of the information will generally benefit the community, through the independent detection, investigation and exposure of serious misconduct and serious maladministration within NSW Police and the NSW Crime Commission. For these reasons, while much weight is attributed to both competing public interests, on balance, the public interest in providing the requested information outweighs the public interest in protecting the privacy of the persons affected in these circumstances. |
Findings during the 2022–23 financial year
| Date finding made | Request
|
Finding
|
Reason
|
|---|---|---|---|
| 26 September 2022
|
Request by prospective candidate for earlier access to the roll for a particular district to undertake campaigning by post for the state general election.
|
The public interest in providing the requested information does not outweigh the public interest of protecting the privacy of the information (meaning the request is refused).
|
The public interest in providing the requested information was identified to be: That voters be fully informed about candidates running for office and that candidates be able to make themselves known to voters. The public interest that may exist in prospective candidates receiving enrolment information under section 50 of the Electoral Act is reduced by the fact the Act expressly provides for a scheme under section 49 for access to enrolment information by elected members, candidates and political parties. This section already provides an opportunity for a candidate under the Electoral Act to receive enrolment information, at the prescribed time. The public interest that may exist in prospective candidates being able to communicate with voters by using addressed mail postal services at a point in time earlier than when they would otherwise become eligible to make a request under section 49 is further reduced by the fact that there are other opportunities for campaigning not involving addressed mail that are available to prospective candidates. There is no information that the circumstances relating to this request are materially different to the circumstances of any other prospective candidate. The public interest that may exist in this prospective candidate being able to communicate with voters at a point in time earlier than when they would otherwise become eligible to make a request under section 49 is weak in comparison to the strong public interest that exists in protecting the enrolment information of NSW electors.
|
Findings during the 2021–22 financial year
To date, no findings have been made during the 2021–22 financial year.
Findings during the 2020–21 financial year
There were no section 50 applications made during the 2020-21 financial year.
Findings during the 2019–20 financial year
There were no section 50 applications made during the 2019-20 financial year.
Findings during the 2018–19 financial year
| Date
|
Request | Finding | Reason |
|---|---|---|---|
| 30 July 2018 | Request by university for purpose
of inviting persons to participate in a medical research study |
Refused
|
The public interest in providing the requested
information did not outweigh the public interest of protecting the privacy of the information |
| 7 February 2019
|
Request by local government council
for all enrolment information in area for purpose of maintaining records of the death of non-rate payers |
Refused
|
The request was not directly relevant to public
interest of protection of public revenue, and was outweighed by the public interest in not revealing personal information of all electors in area |
| 15 March 2019
|
Request by local government council
for purpose of surveying electors about proposed major public works |
Approved
|
The public interest in providing the requested
information outweighed the public interest of protecting the privacy of the information |