Registered political parties
Before seeking advice on the requirements and procedures to register a political party, it is important to consider the differences between a registered and unregistered party.
The NSW Electoral Commissioner maintains a Register of Parties for State elections and a Local Government Register of Political Parties for local government elections.
The registers detail the information about registered parties in New South Wales, including:
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the name and address of each party in New South Wales
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the details of the registered officer, deputy registered officer and secretary of each party
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the details of members relied upon by each party for registration and
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each party’s written constitution.
When a party applies to be registered in New South Wales, it is applying to be included on the Register of Parties, for State elections or Local Government Register of Political Parties, for local government elections.
Inclusion on a register of parties in New South Wales is optional. It comes with both obligations and entitlements. Unregistered parties also have legal obligations they must be aware of.
Party registration in New South Wales does not extend to any other state or territory of Australia, or to the Commonwealth. A party must register separately with the appropriate electoral authority for each jurisdiction to receive the benefits of registration in those jurisdictions.
State registered political parties
A registered party for State elections in New South Wales is a party that is included on the Register of Parties.
To be eligible for inclusion on the Register of Parties, a party must have at least 750 members and be established on the basis of a written constitution.
A party that is included on the Register of Parties is also included on the Local Government Register of Political Parties.
Entitlements of State registered parties
After being included on the Register of Parties for 12 months, a registered party will have the following entitlements:
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having the party name or abbreviation printed next to the names of the party’s endorsed candidates on ballot papers for State and local government elections
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nominating candidates for election through the registered officer
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access to voting and enrolment information
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ability to accept political donations subject to a higher donation cap and
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eligibility for public funding for State election campaigns and for administrative or policy development purposes (should other criteria be met).
Obligations of parties that are registered for State elections
The obligations of parties that are registered for State elections include (but are not limited to) the following, noting that in some cases the obligation must be met by an officer or officers of the party who occupy, or who are acting, in an office or position concerned with the management of the party:
- officers of the party must appoint a person who is a senior office holder of the party, as the party agent of the party, and must notify the NSW Electoral Commission of the agent's appointment
- officers of the party must notify the NSW Electoral Commission of the revocation of a party agent's appointment or the death or resignation of a party agent
- keep a State campaign account for State election campaigns and a local government campaign account for local government election campaigns, to make payments for electoral expenditure
- keep complete and accurate accounting records in New South Wales of the party's political donations and electoral expenditure
- the registered officer must make applications to amend the registered details of the party
- the registered officer must make an annual return each year (between 1 June and 30 June) demonstrating the party's continued eligibility to remain registered
- officers of the party must provide to the NSW Electoral Commission up to date lists of the senior office holders of the party, their roles and responsibilities
- produce audited annual financial statements of the party each year and provide them to the NSW Electoral Commission by 20 October (does not apply if the party was not eligible for public funding during the period to which the financial statements relate) and
- senior office holders of the party must report any suspected contraventions of the Electoral Funding Act 2018 by the party to the NSW Electoral Commission.
Local government registered political parties
A registered party for local government elections in New South Wales is a party that is included on the Local Government Register of Political Parties.
To be eligible for inclusion on the Local Government Register of Political Parties, a party must have at least 100 members and be established on the basis of a written constitution that sets out the platform or objectives of the party.
Entitlements of Local Government Register of Parties
After being included on the Local Government Register of Political Parties for 12 months, a registered party will have access to the following entitlements:
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having the party name or abbreviation printed next to the names of the party’s endorsed candidates on ballot papers for local government elections
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ability to accept political donations subject to a higher donation cap and
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nominating candidates for election through the registered officer.
Obligations of local government registered parties
The obligations of registered parties for local government elections include (but are not limited to) the following, noting that in some cases the obligation must be met by a particular officer of the party:
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appointing a person who is a senior office holder of the party as the party agent for the party. The party agent is responsible for the disclosure of the party’s political donations and electoral expenditure; and for being responsible for certain candidates, groups and elected members who are members of the party
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keep a local government campaign account for payments for electoral expenditure for local government election campaigns
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keep complete and accurate accounting records in New South Wales of the party’s political donations and electoral expenditure
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making applications for amendment to the Local Government Register of Political Parties and
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making an annual return each year (between 1 June and 30 June) with the NSW Electoral Commissioner, demonstrating the party’s continued eligibility to remain registered.