Parliamentary oversight
Accountability to the NSW Parliament
In the exercise of their functions, neither the NSW Electoral Commission nor the Electoral Commissioner are subject to the direction of any Minister administering New South Wales electoral legislation. This independence is set out in sections 10(4) and 12(4) of the Electoral Act 2017. It is a crucial element in preserving the integrity of the electoral system in New South Wales.
As a public sector agency with accountabilities to the NSW Parliament, however, the NSW Electoral Commission is required to report annually on its work and activities. The agency’s Annual Report is submitted to the Ministers administering electoral and lobbying legislation, who must then table it in Parliament.
Section 154 of the Electoral Funding Act 2018 also requires the Electoral Commission to report directly to Parliament annually on its activities under the Act. This report includes statistical information on the use of enforcement powers – in relation to electoral funding, election participant conduct, voting and lobbying - and highlights the independent role of the Electoral Commission in regulating participants in NSW electoral and political processes.
Participation in parliamentary committee inquiries
The NSW Electoral Commission, usually through the Electoral Commissioner, participates via formal submissions and appearances in person in parliamentary inquiries lead by various committees, including but not limited to the:
- Joint Standing Committee on Electoral Matters (JSCEM)
- Public Accountability Committee
- Portfolio Committee No. 1 – Premier and Finance (Budget Estimates).
Joint Standing Committee on Electoral Matters
Find more information on the Joint Standing Committee on Electoral Matters (JSCEM) and its role.