The Constitution Act 1902 sets out the conditions under which a redistribution takes place. The Electoral Act 2017 provides the framework, process and timetable for the redistribution.
Step 1
A three-member panel, called the Electoral Districts Redistribution Panel (the Redistribution Panel), is advised by the Governor of NSW that a redistribution is required.
Step 2
A snapshot of enrolment numbers in New South Wales and in each electoral district is taken at a point in time. These numbers form the basis for the initial redistribution process in conjunction with the current electoral district boundary maps.
Step 3
The current boundaries and enrolment information are published on the NSW Electoral Commission website. The redistribution is announced to the public, inviting written suggestions for changes to electoral district boundaries.
The suggestion period is open for 30 days, after which time any suggestions received are published on the NSW Electoral Commission website for public viewing and comment.
Step 4
The public is invited to lodge written comments on the suggestions (from step 3). The comments period is open for 14 days, after which time any comments received are published for public viewing on the NSW Electoral Commission website.
Step 5
Taking into account any suggestions and comments received (from steps 3 and 4), as well as advice from a recognised demographer, the Redistribution Panel publishes its proposed electoral district boundaries (including maps, names and the reasons for the proposed changes). This is called the draft determination.
Step 6
The draft determination is published on the NSW Electoral Commission website, inviting written submissions on the draft determination of electoral district boundaries.
The submission period is open for 30 days, after which time any submissions received are published on the NSW Electoral Commission website for public viewing and comment.
Step 7
The public is invited to lodge written comments on the submissions (from step 6). The comments period is open for 14 days, after which time any comments received are published on the NSW Electoral Commission website for public viewing.
If a public hearing is not held at this point, the process moves to, and concludes with, Step 12.
If a public hearing is held, the process continues to Step 8.
Step 8
A public hearing may be held:
- if the submissions and comments received (from steps 6 and 7) are substantially different from the suggestions and comments received (from steps 3 and 4). The Redistribution Panel will hold a public hearing into the submissions and comments received (steps 6 and 7).
- at the discretion of the Redistribution Panel into a number of submissions and comments (from steps 6 and 7), even if they are not substantially different from the suggestions and comments received (from steps 3 and 4).
If a public hearing is held, oral and further written submissions may be made to the Redistribution Panel by a person who, or organisation that, lodged a submission or comment in steps 6 and 7. The Redistribution Panel must consider all submissions made to it at the public hearing.
At a public hearing, the Redistribution Panel is not required to consider any objection or comment that it considers frivolous or vexatious.
Step 9
The Redistribution Panel considers the submissions and comments received on the draft determination (from steps 6 and 7) and any oral and written submissions made at the public hearing, and prepares a revised determination of the names and boundaries of electoral districts.
If the Redistribution Panel is of the opinion that the revised determination is not significantly different from the draft determination, the process moves to, and concludes, with Step 12.
If the revised determination differs significantly from the draft determination, the Redistribution Panel must give public notice of the revised determination in the Government Gazette, on the NSW Electoral Commission website, and in a newspaper published or circulating in New South Wales.
In this case, written objections and comments are invited. The objection period is open for 30 days, after which time any objections lodged are published on the NSW Electoral Commission’s website for public viewing and comment.
Step 10
The public are invited to lodge written comments on the objections (from step 9). The comments period is open for 14 days, after which any comments received are published for public viewing on the NSW Electoral Commission’s website.
A further public hearing may be held relating to any such objections or comments (from steps 9 and 10).
Step 11
If a public hearing is held, a person who, or organisation that, was entitled to make submissions to the public hearing may lodge a written objection or comment relating to an objection.
The Redistribution Panel must consider any submissions made to it at the public hearing.
The process concludes with Step 12.
Step 12
Taking into consideration the submissions and comments lodged (from steps 6 and 7 and, if relevant, steps 10 and 11), the Redistribution Panel makes a final determination of the electoral districts, boundaries and names.
The new boundaries and names are proclaimed by the Governor of New South Wales and published in the Government Gazette, state-wide newspapers and on the NSW Electoral Commission website.
The electoral districts come into effect at the next State general election, in March 2023. Ahead of the 2023 NSW State election a voter awareness campaign will be undertaken to promote the changes to affected electors.
