Statutory Act of Grace Payment Register

This register sets out the statutory act of grace payments, authorised by the NSW Electoral Commission under section 5.7 of the Government Sector Finance Act 2018, made to candidates and registered political parties that endorsed candidates in the 4 December 2021 local government councillor elections for Kempsey, Singleton and Shellharbour A Ward which were declared void. 

The act of grace payment scheme was implemented to reduce the financial impact on participants in the above elections as a result of those elections being declared void by the NSW Supreme Court. Candidates and political parties that endorsed candidates for those elections were eligible to apply for reimbursement of legally incurred electoral expenditure.

This register is maintained and published in accordance with Treasury Circular, TC22-01, January 2022. The Acting Premier delegated authority to make statutory act of grace payments to the NSW Electoral Commission on 31 March 2022. Each act of grace payment made was approved by the three-member NSW Electoral Commission.

Special circumstances for payment and terms of the act of grace payment scheme

The terms and conditions of the act of grace payment scheme were:

1. If the candidate incurred the expenditure before 1 July 2021, the candidate must have already disclosed the expenditure to the Electoral Commission in an annual electoral expenditure disclosure form for the 12-month period ending 30 June 2021, as required under the Electoral Funding Act 2018 (the Electoral Funding Act).

2. The application must be supported by relevant supporting documentation, including receipts and invoices.

3. Applicants cannot receive payment unless all disclosures of political donations or electoral expenditure, as required under the Electoral Funding Act, have been submitted.

4. Electoral expenditure (if incurred within the capped expenditure period) must have been within the expenditure cap set by the Electoral Funding Act applicable to the candidate or group.

5. Applicants must repay the money received if the Electoral Commission later determines that an amount claimed was not electoral expenditure in accordance with Electoral Funding legislation.

6. An applicant must repay the money (or a relevant proportion of it) if the Electoral Commission is ordered to, or agrees to, pay the applicant in resolution of any separate legal claim in connection with the same electoral expenditure in the affected elections.  If repayment is not made within 60 days of being notified by the Electoral Commission, then the amount may be recovered as debt due in court.

7. Receipt of an act of grace payment does not limit any other legal rights that may arise outside the scheme.

8. No obligation rests on the recipients to nominate for the new local government councillor elections on 30 July 2022. 

Statutory act of grace payments made to candidates and political parties that endorsed candidates in Kempsey, Singleton and Shellharbour A Ward elections which were declared void.

Certification by Accountable Authority 
I have reviewed and certify that, to the best of my knowledge and belief, the above register is complete and accurate.

John Schmidt                                                                                    12 September 2022
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NSW Electoral Commissioner    Name                                             Date

Arthur Emmett                                                                                   13 September 2022
_______________________      _______________________           _______________________
Chairperson of the                     Name                                          
NSW Electoral Commission