Claims for inclusion in the non-residential rolls

Under the City of Sydney Act 1988 No. 48, the Electoral Commissioner is required to prepare and certify the non-residential rolls for elections for the Council of the City of Sydney.

Due to the complex nature of property arrangements found in the City of Sydney area and the legislated requirement for the Electoral Commissioner to confirm these rolls, we are not able to provide advice as to eligibility for inclusion in the non-residential rolls prior to the receipt of a signed claim.

We suggest claimants read the individual or corporation/partnership claim form guide, and refer to the sections of the relevant legislation to assess their eligibility.

If there are any doubts regarding eligibility for enrolment, claimants should seek independent legal advice.

Right to be enrolled

If a person is:

• entitled to be enrolled as an elector because they are resident of the City of Sydney, they are not entitled to be enrolled as an elector in any other capacity
• nominated by a corporation or partnership, that person must satisfy the eligibility requirements for enrolment and declare their eligibility as if an individual claimant.

Note: There is an exception for non-residential rolls that relates to property used for parking a motor vehicle.

Am I an owner, occupier or ratepaying lessee?

The City of Sydney Act 1988 No. 48 provides definitions of owner, occupier or ratepaying lessees and rateable land.

Corporations and partnerships

Under The City of Sydney Act 1988 No. 48 specific conditions apply to the rights of corporations and partnerships:

• if a corporation or partnership is the owner, ratepaying lessee or occupier of rateable land, one person nominated on a non-resident electoral enrolment claim form by the corporation or partnership shall be taken to be eligible as an elector instead of the corporation or partnership
• if the same corporation or partnership is the owner, ratepaying lessee or occupier of 2 or more parcels of rateable land (whether in one or more of those capacities), all those parcels shall be taken to be a single parcel of land and (if applicable) to be held by the corporation or partnership in only one of those capacities.

Enrolment letter

The Electoral Commissioner is required to send a letter to each person (or corporation or firm who nominated a person) on the non-residential rolls used for the previous election.

On Friday 2 May 2008 we sent a letter to all electors included in the City of Sydney non-residential rolls for the 2004 Local government elections including:

• those people who were enrolled as 'individuals'; and
• the corporations/partnerships that had nominated electors.

The letter reminds recipients that they may be eligible to enrol or nominate an eligible individual for inclusion in the non-residential rolls and that a new 2008 enrolment claim is required as the non-residential rolls lapse after each election.

Compulsory voting

All electors enrolled on the roll of electors must vote at a contested election for the Council of City of Sydney. This includes all claimants who have successfully enrolled on the non-residential roll for the City of Sydney elections.

Claim forms

A claim to be included on the City of Sydney Council non-residential roll or the roll of ratepaying lessees and occupiers must be made on the relevant form.

Claim forms are available at our office and must be lodged by post, hand or fax for receipt at our office no later than 6pm Monday 4 August. We do not accept claims by email.

New South Wales Electoral Commission
Level 25, 201 Kent Street
GPO Box 3715
Sydney NSW 2001

Fax 02 9290 5991

Individual claim for inclusion on the City of Sydney Council non-residential roll
(PDF)[60.6kb]

Corporation/partnership claim for inclusion on the City of Sydney Council non-residential roll
(PDF)[58.2kb]

Forms are also available from the Council of the City of Sydney service centres at:

CBD
Level 2, Town Hall House
456 Kent Street
Sydney NSW 2000
Phone 02 9265 9333

Neighbourhood Service Centres
50-52 Darlinghurst Road
Kings Cross

Glebe Town Hall
160 St Johns Road

158 Redfern Street
Redfern