About redistribution

The Constitution Act 1902 sets out the conditions under which a redistribution takes place. The Electoral Act 2017 provides the framework, process and timetable for the redistribution.

Step 1

A three-member panel, called the Electoral Districts Redistribution Panel (the Redistribution Panel), is advised by the Governor of NSW that a redistribution is required.

Step 2

A snapshot of enrolment numbers in New South Wales and in each electoral district is taken at a point in time. These numbers form the basis for the initial redistribution process in conjunction with the current electoral district boundary maps. 

Step 3

The current boundaries and enrolment information are published on the NSW Electoral Commission website. The redistribution is announced to the public, inviting written suggestions for changes to electoral district boundaries.

The suggestion period is open for 30 days, after which time any suggestions received are published on the NSW Electoral Commission website for public viewing and comment.

Step 4

The public is invited to lodge written comments on the suggestions (from step 3). The comments period is open for 14 days, after which time any comments received are published for public viewing on the NSW Electoral Commission website. 

Step 5

Taking into account any suggestions and comments received (from steps 3 and 4), as well as advice from a recognised demographer, the Redistribution Panel publishes its proposed electoral district boundaries (including maps, names and the reasons for the proposed changes). This is called the draft determination. 

Step 6

The draft determination is published on the NSW Electoral Commission website, inviting written submissions on the draft determination of electoral district boundaries.

The submission period is open for 30 days, after which time any submissions received are published on the NSW Electoral Commission website for public viewing and comment.

Step 7

The public is invited to lodge written comments on the submissions (from step 6). The comments period is open for 14 days, after which time any comments received are published on the NSW Electoral Commission website for public viewing.

If a public hearing is not held at this point, the process moves to, and concludes with, Step 12.

If a public hearing is held, the process continues to Step 8.

Step 8

A public hearing may be held:

• if the submissions and comments received (from steps 6 and 7) are substantially different from the suggestions and comments received (from steps 3 and 4). The Redistribution Panel will hold a public hearing into the submissions and comments received (steps 6 and 7).
• at the discretion of the Redistribution Panel into a number of submissions and comments (from steps 6 and 7), even if they are not substantially different from the suggestions and comments received (from steps 3 and 4). 

If a public hearing is held, oral and further written submissions may be made to the Redistribution Panel by a person who, or organisation that, lodged a submission or comment in steps 6 and 7. The Redistribution Panel must consider all submissions made to it at the public hearing.

At a public hearing, the Redistribution Panel is not required to consider any objection or comment that it considers frivolous or vexatious. 

Step 9

The Redistribution Panel considers the submissions and comments received on the draft determination (from steps 6 and 7) and any oral and written submissions made at the public hearing, and prepares a revised determination of the names and boundaries of electoral districts. 

If the Redistribution Panel is of the opinion that the revised determination is not significantly different from the draft determination, the process moves to, and concludes, with Step 12.

If the revised determination differs significantly from the draft determination, the Redistribution Panel must give public notice of the revised determination in the Government Gazette, on the NSW Electoral Commission website, and in a newspaper published or circulating in New South Wales.

In this case, written objections and comments are invited. The objection period is open for 30 days, after which time any objections lodged are published on the NSW Electoral Commission’s website for public viewing and comment.  

Step 10

The public are invited to lodge written comments on the objections (from step 9). The comments period is open for 14 days, after which any comments received are published for public viewing on the NSW Electoral Commission’s website.

A further public hearing may be held relating to any such objections or comments (from steps 9 and 10).

Step 11

If a public hearing is held, a person who, or organisation that, was entitled to make submissions to the public hearing may lodge a written objection or comment relating to an objection. 

The Redistribution Panel must consider any submissions made to it at the public hearing.

The process concludes with Step 12.

Step 12

Taking into consideration the submissions and comments lodged (from steps 6 and 7 and, if relevant, steps 10 and 11), the Redistribution Panel makes a final determination of the electoral districts, boundaries and names. 

The new boundaries and names are proclaimed by the Governor of New South Wales and published in the Government Gazette, state-wide newspapers and on the NSW Electoral Commission website.

The electoral districts come into effect at the next State general election, in March 2023. Ahead of the 2023 NSW State election a voter awareness campaign will be undertaken to promote the changes to affected electors.

A redistribution is a statutory process conducted by an independent panel, the Electoral Districts Redistribution Panel, in a transparent public environment.

To ensure the number of electors within each district remains approximately the same over time, the Constitution Act 1902 requires that electoral district boundaries are reviewed and adjusted if necessary. This formal process is called a redistribution, and must take place after every second New South Wales State general election. 

The boundaries of a district might need to be extended by a redistribution to include more voters, or a large electoral district might be reduced in size. Changing a boundary in one electoral district has an effect on the adjoining districts.

For example:
Because of population changes, District A needs to increase in size so it is extended to include part of District B. District B now has too few electors, so it also needs to be extended, or perhaps District B will be deleted altogether and its voters merged with a reduced District C, or a new district is created.

Following a redistribution, the number of voters in each district can vary by only 10 per cent from the average number (quota). The names of electoral districts may also change.

The Summer Hill electoral district in Sydney’s inner west was created by the 2013 redistribution and first contested at the 2015 NSW State election. The creation of the new seat of Newtown pushed the former Marrickville electoral district to the west. Due to the changed geographic nature of this district, it was renamed Summer Hill. It contains parts of the former electoral districts of Balmain, Canterbury, Marrickville and Strathfield. 

The Constitution Act 1902 Part 3 Division 3 Sections 25–28A sets out the conditions under which a redistribution should take place. The Electoral Act 2017 Part 3 Division 1 Sections 17–29 provides the framework, process and timetable for the redistribution.

Maintain equal numbers

Each of the elected Legislative Assembly members has one vote in the Parliament, so it is important that each member represents the same number of voters.

The Constitution Act 1902 requires that each electorate has approximately equal enrolment (the number of people on the electoral roll). This number must not vary by more than 10 per cent from the average enrolment number (quota).

Manage voter population growth and decline

Over time, voters move in and out of electoral districts and in and out of New South Wales. The voter population of some areas increases and declines in other areas. This results in electoral districts becoming unbalanced in terms of voter numbers.

Populations can increase without an increase in the number of voters (who must be Australian citizens, 18 years of age and over). For example, an area might be experiencing a baby boom. In this case, the population would increase, but that would not cause a corresponding immediate increase in the eligible voter population.

An Electoral Districts Redistribution Panel is established to conduct redistributions of the state’s Legislative Assembly electoral district boundaries.

The Redistribution Panel consists of three members:

• a current or former Judge* appointed by the Governor as the Chairperson of the Redistribution Panel;
• the Electoral Commissioner for New South Wales; and
• the Surveyor-General of New South Wales.

 *Here, Judge means a:

• Judge of the Supreme Court of New South Wales or of any other State or Territory, or
• Judge of the Federal Court of Australia, or
• Justice of the High Court of Australia.

 The Redistribution Panel members are:

• Hon. Justice Arthur Emmett AO QC (Chairperson)
• Mr John Schmidt (Electoral Commissioner for New South Wales)
• Mrs Narelle Underwood (Surveyor-General of New South Wales)

The Governor of New South Wales advises the Redistribution Panel that a redistribution is to take place. To help carry out its functions, legislation allows the Redistribution Panel to use the staff of the NSW Electoral Commission.

Feedback from the public and political stakeholders is invited and considered during the redistribution process. The Redistribution Panel also considers advice from a recognised demographer when determining the boundaries of electoral districts.

The Redistribution Panel will use geographic information systems to conduct modelling and analysis to inform the decision-making process.

Redistributions are a whole-of-state process and are timetabled according to strict timeframes and conditions set out in legislation.

In New South Wales, legislation requires a redistribution to take place:

• after every two state elections; 
• if voter enrolment in more than one-quarter of electoral districts differs from the average voter number by more or less than five per cent for more than two months. This is to safeguard equal representation in the event that many electoral districts become uneven before the next scheduled redistribution. In recent times this has not been a trigger for a redistribution; or
• the Government changes the number of seats in the Legislative Assembly (currently 93).

The last redistribution was conducted in 2013, with the resulting electoral districts in place for the 2015 and 2019 State elections, so New South Wales is required to conduct another redistribution.

The next State election will be held in March 2023, at which time the boundaries resulting from this redistribution will take effect and be in place for the 2023 and 2027 State elections.

The Governor of New South Wales convenes the Electoral Districts Redistribution Panel and announces the appointment of the Chairperson. The Constitution Act 1902 sets out the conditions under which a redistribution should take place and the Electoral Act 2017 provides the framework, process and timetable for the redistribution.

Special Minister of State Don Harwin announced the convening of the Electoral Districts Redistribution Panel on 31 January 2020 with the appointment of Hon. Justice Arthur Emmett AO QC as Chairperson.