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Election legislation

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Constitution of NSW

The Constitution Act 1902:

  • Provides the legal framework by which the state is governed, including the broad powers and rules under which the Houses of Parliament called the Legislative Assembly and Legislative Council operate;

  • Provides that the Legislative Assembly is elected for a fixed four year term and that Members of the Legislative Council are elected for eight years, with half the members being elected at each Legislative Assembly election;

  • Sets out the systems of election, methods of voting and the counting of votes at elections for the Legislative Assembly and Legislative Council;

  • Provides that voting is compulsory for electors who are entitled to vote at a state election; and

  • Provides that there is a system of local government for NSW under which elected or duly appointed local government bodies are constituted in accordance with laws of NSW.

Constitution Act 1902


Electoral Act 2017

The Electoral Act 2017:

  • constitutes the NSW Electoral Commission and provides for the appointment of the NSW Electoral Commissioner;

  • sets out an electoral system for the election of members to the NSW Parliament;

  • provides a system for distributing New South Wales into electoral districts;

  • enables electors to vote;

  • provides for the registration of political parties in the Register of Parties; and

  • allows the Electoral Commissioner to enforce breaches of the Act.

Electoral Act 2017

Electoral Regulation 2018

Approvals under the Electoral Act 2017:

See some of the key changes that were made to the Electoral Act 2017.


Local Government Act 1993

The Local Government Act 1993:

  • provides a framework for local government for New South Wales;

  • sets out the responsibilities and powers of councils, councillors and mayors;

  • sets out an electoral system for the election of councillors and mayors to local government councils, including arrangements for the Electoral Commissioner to administer elections of councils; and

  • provides for the registration of political parties in the Local Government Register of Political Parties.

Local Government Act 1993

Local Government (General) Regulation 2021