Electoral Act 1993

Registration of electors - Electoral rolls

115: Unpublished names

You could also call this:

"Keeping your name private on the electoral roll for safety reasons"

Illustration for Electoral Act 1993

If you are worried that having your name on the electoral roll could put you or your family in danger, you can ask the Electoral Commission to keep your name private. The Electoral Commission can decide to keep your name, address, and job off the electoral roll if they think it would be safer for you. They can also stop people from looking at your registration details under section 110(3)(c) and section 110(3)(d).

The Electoral Commission can make this decision if you show them a protection order from the Family Violence Act 2018 or a restraining order from the Harassment Act 1997. They can also make this decision if a police officer signs a document saying they think your safety could be at risk if your name is published. This means the Electoral Commission can keep your name private without needing to ask for more information.

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Part 5Registration of electors
Electoral rolls

115Unpublished names

  1. Notwithstanding sections 101, 104, 105, 107, 108, and 110(3)(c) and (d), where the Electoral Commission is satisfied, on the application of any person, that the publication of that person’s name would be prejudicial to the personal safety of that person or his or her family, the Electoral Commission may direct that—

  2. the name, residence, and occupation of that person shall not be published in any main or supplementary roll or in any list or index that may be available for inspection by the public; and
    1. the name and particulars of that person shall not be available for inspection under section 110(3)(c); and
      1. the application for registration of that person shall not be available for inspection under section 110(3)(d).
        1. Without limiting the discretion conferred on the Electoral Commission by subsection (1), the Electoral Commission may on the production of—

        2. a protection order that is in force under the Family Violence Act 2018 in respect of any person; or
          1. a restraining order that is in force under the Harassment Act 1997 in respect of any person; or
            1. a statutory declaration from a constable to the effect that he or she believes that the personal safety of a person or of a person’s family could be prejudiced by the publication of that person’s name,—
              1. exercise in respect of that person’s name, and without further evidence or inquiry, the power conferred on the Electoral Commission by that subsection.

              Notes
              • Section 115(1): amended, on , by section 52(18)(f) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).
              • Section 115(2): amended, on , by section 52(13) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).
              • Section 115(2): amended, on , by section 52(18)(f) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).
              • Section 115(2)(a): substituted, on , by section 132 of the Domestic Violence Act 1995 (1995 No 86).
              • Section 115(2)(a): amended, on , by section 259(1) of the Family Violence Act 2018 (2018 No 46).
              • Section 115(2)(aa): inserted, on , by section 45 of the Harassment Act 1997 (1997 No 92).
              • Section 115(2)(b): substituted, on , by section 15 of the Electoral (Administration) Amendment Act 2011 (2011 No 57).