3. Supporting Legislation

Electoral Commissioner approval

The Parliamentary Electorates and Elections Act 1912 requires the Electoral Commissioner to approve and publish procedures in relation to technology assisted voting.

Relevant sections

The relevant sections to the procedures are as follows:

Part 5 Division 12A - 120AC Electoral Commissioner to approve procedures for technology assisted voting

  1. The Electoral Commissioner may approve procedures to facilitate voting by eligible electors at an election by means of technology assisted voting.
  2. The approved procedures must provide:
    • (a) for an eligible elector to register before voting by means of technology assisted voting, and
    • (b) for the making of a record of each eligible elector who has voted by means of technology assisted voting, and
    • (c) for the authentication of the eligible elector’s vote, and
    • (d) for the secrecy of the eligible elector’s vote, and
    • (e) that any vote cast in accordance with the approved procedures be securely transmitted to the Electoral Commissioner and securely stored by the Electoral Commissioner until printed, and
    • (f) for the production of a printed ballot paper at the close of the poll, for the purposes of the scrutiny, for each vote transmitted to the Electoral Commissioner showing the vote cast by the eligible elector, and
    • (g) for the bundling of those ballot papers according to the electoral district of the eligible elector (separating Assembly and Council ballot papers into different bundles), the sealing of the bundled ballot papers in packages and the distribution of:
      • (i) the sealed packages of Assembly ballot papers to the relevant returning officers for each of those districts, and
      • (ii) the sealed packages of Council ballot papers to the Electoral Commissioner.
  3. A printed ballot paper produced in accordance with the approved procedures does not need to be in or to the effect of the form prescribed in Schedule 4 or 4A (as the case requires), or be of the same size or format as the ballot papers printed in accordance with section 83 or 83B, so long as the vote cast by the eligible elector can be accurately determined.
  4. The Electoral Commissioner may approve procedures under this section only if the Electoral Commissioner is satisfied that a class of electors, who in other circumstances would be unable to vote or would have difficulty voting, would benefit from the approval of the procedures.
  5. The only limit on the power of the Electoral Commissioner to approve procedures under this section is that the pre-condition for approval set out in subsection (4) is met.
  6. The approval of procedures under this section cannot be challenged, reviewed or called into question in proceedings before any court or tribunal except on the grounds that the approval exceeds the jurisdictional limit specified by subsection (5) for the approval of such procedures.

The full text of the amendments are in the Parliamentary Electorates and Elections Further Amendments Bill 2010.

Throughout this document excerpts from the above legislation are quoted. Where the legislation is quoted it will appear in italics prior to the written procedure.

Supporting legislation

The table below reflects the legislation that enables the procedures within this document.

Approved Procedure Section in Legislation

4.1 Approval and Publication

120AJ Approvals to be published on the internet

120AC Electoral Commissioner to approve procedures for technology assisted voting (1), (4), (5), (6)

4.2 Additional Requirements or Regulations on Eligible Electors

120AB Meaning of “eligible elector” (2), (3)

4.3 Use of Technology Assisted Voting

120AL Electoral Commissioner may determine that technology assisted voting is not to be used

4.4 Voter Registration

120AC Electoral Commissioner to approve procedures for technology assisted voting (2) (a)

4.5 Voting Method

120AK Regulations relating to technology assisted voting (2) (a)

4.6 Voting Period

120AK Regulations relating to technology assisted voting (2) (b)

4.7 Recording, Transmission and Storage of the Vote

120AC Electoral Commissioner to approve procedures for technology assisted voting (2) (b), (e)

4.8 Authentication of Vote

120AC Electoral Commissioner to approve procedures for technology assisted voting (2) (c)

4.9 Secrecy of Vote

120AC Electoral Commissioner to approve procedures for technology assisted voting (2) (d)

4.10 Printing and Handling of Ballot Papers

120AC Electoral Commissioner to approve procedures for technology assisted voting (2) (f), (g), (3)

120AF Technology assisted votes to be counted with postal votes

120AG Secrecy relating to technology assisted voting (1)

4.11 Scrutineers

120AE Scrutineers

4.12 Audit Programme

120AD Independent auditing of technology assisted voting (3)

4.13 System Security

120AG Secrecy relating to technology assisted voting

120AI Protection of computer hardware and software

4.14 Delegation 

120AK Regulations relating to technologyh assisted voting