Nomination as a candidate - general information
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Disqualification
A person enrolled in the State of New South Wales as at 6pm on the day the writs for the elections are issued may be nominated as a candidate for either the Legislative Assembly or Legislative Council, unless disqualified under the Constitution Act or the Electoral Act.
If a person is in any doubt about their eligibility to be nominated as a candidate, or to be elected, they should seek their own legal advice prior to lodging a nomination form.
It is not the role of the NSW Electoral Commissioner or an Election Manager to determine whether or not a candidate is subject to any of these disqualifications.
Nominations by NSW public servants
The conditions under which NSW public servants may contest state elections are prescribed by section 71 of the Government Sector Employment Act 2013 and supported by Public Service Commission circulars. In summary:
government sector agency employees nominated for election are to be granted a leave of absence until the election is declared
the leave of absence is without pay, unless the employee applies to use other available leave entitlements
government sector agency employees standing for election are not required to resign but will need to do so if elected.
Nominations by Commonwealth public servants
Conditions relating to Commonwealth public servants nominating for election are governed by Commonwealth legislation. Any Commonwealth public servant proposing to nominate is advised to consult their employer and seek their own legal advice.
Member of Commonwealth Parliament
A member of the Parliament of the Commonwealth is incapable of being nominated as a candidate for, or being elected as a member of, the NSW Legislative Assembly or Legislative Council.
Information collected for the nominations process
Information collected by the NSW Electoral Commission for the purposes of nominations is collected to ascertain whether the nomination form has been duly made and for other election and ancillary purposes.
The nomination form will be reviewed by relevant NSW Electoral Commission staff and may be disclosed if lawfully required or authorised in accordance with the Electoral Act, the Privacy and Personal Information Protection Act 1998 and other relevant legislation.