Eligibility and disqualification for state government election candidates

The NSW Electoral Commission can only provide general advice about eligibility and disqualification for local government elections.

You should obtain independent legal advice if you are concerned about your eligibility to nominate for an election.

To be eligible to nominate as a candidate for either the Legislative Assembly or the Legislative Council, you must be:

You may not nominate as a candidate if you are disqualified, for example, if you are:

a member of the other House
hold or benefit from a contract with the public service, (with certain exceptions)
hold an office of profit under the Crown or have a pension from the Crown
a Member of the Commonwealth Parliament.

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.

Public servants nominating for state elections

Public servants may contest state elections under the following conditions:

public sector employees nominated for election are to be granted a leave of absence until the day on which the result of the election is declared
the leave of absence is without pay, unless the employee applies to use available leave entitlements
public sector employees standing for election are not required to resign until elected.

Any Commonwealth public servant considering a nomination should talk to their employer.

Any person who is in any doubt about their eligibility to nominate as a candidate or to be elected, should seek their own legal advice.