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Electoral Act 1993

Election petitions - General provisions

256: Withdrawal and substitution of respondents before trial

You could also call this:

"What happens if someone involved in an election dispute dies, quits, or loses their seat before the trial"

Illustration for Electoral Act 1993

If you are involved in an election petition and a respondent, who is not the Electoral Commission, dies, decides not to oppose the petition, or loses their seat, you must give notice in the correct way. You then have 28 days to apply to the High Court to be admitted as a respondent to oppose the petition, and you will be allowed to do so, as long as there are not already three people opposing the petition. When a respondent decides not to oppose the petition, they must give the prescribed notice, and after that, they cannot take part in the proceedings or vote in the House of Representatives until the report on the petition has been discussed. If a respondent gives notice that they do not intend to oppose the petition, the court will inform the Speaker of this decision, as stated in section 229(3).

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Topics:
Government and voting > Elections
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"What happens to an election petition if the person who started it dies"

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Part 8Election petitions
General provisions

256Withdrawal and substitution of respondents before trial

  1. If, before the trial of an election petition to which section 229(3) applies, a respondent other than the Electoral Commission—

  2. dies; or
    1. gives the prescribed notice that he or she does not intend to oppose the petition; or
      1. loses his or her seat by reason of the House of Representatives resolving that the seat is vacant,—
          1. notice thereof shall be given in the prescribed manner; and, within 28 days after the notice is given, any person who might have been a petitioner in respect of the election may apply to the High Court to be admitted as a respondent to oppose the petition, and shall be admitted accordingly, except that the number of persons so admitted shall not exceed 3.

        1. A respondent who has given the prescribed notice that he or she does not intend to oppose the petition shall not be allowed to appear or act as a party against the petition in any proceedings thereon, and shall not sit or vote in the House of Representatives until that House has been informed of the report on the petition.

        2. Where a respondent has given the prescribed notice as aforesaid, the court shall report that fact to the Speaker.

        Notes
        • Section 256(1): amended, on , by section 108 of the Electoral Amendment Act 2017 (2017 No 9).