Overview

A redistribution is a statutory process conducted by an independent panel, the Electoral Districts Redistribution Panel, in a transparent public environment.

To ensure the number of electors within each district remains approximately the same over time, the Constitution Act 1902 requires that electoral district boundaries are reviewed and adjusted if necessary. This formal process is called a redistribution, and must take place after every second New South Wales State general election. 

The boundaries of a district might need to be extended by a redistribution to include more voters, or a large electoral district might be reduced in size. Changing a boundary in one electoral district has an effect on the adjoining districts.

For example:
Because of population changes, District A needs to increase in size so it is extended to include part of District B. District B now has too few electors, so it also needs to be extended, or perhaps District B will be deleted altogether and its voters merged with a reduced District C, or a new district is created.

Following a redistribution, the number of voters in each district can vary by only 10 per cent from the average number (quota). The names of electoral districts may also change.

The Summer Hill electoral district in Sydney’s inner west was created by the 2013 redistribution and first contested at the 2015 NSW State election. The creation of the new seat of Newtown pushed the former Marrickville electoral district to the west. Due to the changed geographic nature of this district, it was renamed Summer Hill. It contains parts of the former electoral districts of Balmain, Canterbury, Marrickville and Strathfield. 

The Constitution Act 1902 Part 3 Division 3 Sections 25–28A sets out the conditions under which a redistribution should take place. The Electoral Act 2017 Part 3 Division 1 Sections 17–29 provides the framework, process and timetable for the redistribution.

Maintain equal numbers

Each of the elected Legislative Assembly members has one vote in the Parliament, so it is important that each member represents the same number of voters.

The Constitution Act 1902 requires that each electorate has approximately equal enrolment (the number of people on the electoral roll). This number must not vary by more than 10 per cent from the average enrolment number (quota).

Manage voter population growth and decline

Over time, voters move in and out of electoral districts and in and out of New South Wales. The voter population of some areas increases and declines in other areas. This results in electoral districts becoming unbalanced in terms of voter numbers.

Populations can increase without an increase in the number of voters (who must be Australian citizens, 18 years of age and over). For example, an area might be experiencing a baby boom. In this case, the population would increase, but that would not cause a corresponding immediate increase in the eligible voter population.

An Electoral Districts Redistribution Panel is established to conduct redistributions of the State’s Legislative Assembly electoral district boundaries.

The Redistribution Panel consists of three members:

• a current or former Judge* appointed by the Governor as the Chairperson of the Redistribution Panel;
• the Electoral Commissioner for New South Wales; and
• the Surveyor-General of New South Wales.

 *Here, Judge means a:

• Judge of the Supreme Court of New South Wales or of any other State or Territory, or
• Judge of the Federal Court of Australia, or
• Justice of the High Court of Australia.

 The Redistribution Panel members are:

• Hon. Justice Arthur Emmett AO QC (Chairperson)
• Mr John Schmidt (Electoral Commissioner for New South Wales)
• Mrs Narelle Underwood (Surveyor-General of New South Wales)

The Governor of New South Wales advises the Redistribution Panel that a redistribution is to take place. To help carry out its functions, legislation allows the Redistribution Panel to use the staff of the NSW Electoral Commission.

Feedback from the public and political stakeholders is invited and considered during the redistribution process. The Redistribution Panel also considers advice from a recognised demographer when determining the boundaries of electoral districts.

The Redistribution Panel will use geographic information systems to conduct modelling and analysis to inform the decision-making process.

Redistributions are a whole-of-State process and are timetabled according to strict timeframes and conditions set out in legislation.

In New South Wales, legislation requires a redistribution to take place:

• after every two State elections; 
• if voter enrolment in more than one-quarter of electoral districts differs from the average voter number by more or less than five per cent for more than two months. This is to safeguard equal representation in the event that many electoral districts become uneven before the next scheduled redistribution. In recent times this has not been a trigger for a redistribution; or
• the Government changes the number of seats in the Legislative Assembly (currently 93).

The last redistribution was conducted in 2013, with the resulting electoral districts in place for the 2015 and 2019 State elections, so New South Wales is required to conduct another redistribution.

The next State election will be held in March 2023, at which time the boundaries resulting from this redistribution will take effect and be in place for the 2023 and 2027 State elections.

The Governor of New South Wales convenes the Electoral Districts Redistribution Panel and announces the appointment of the Chairperson. The Constitution Act 1902 sets out the conditions under which a redistribution should take place and the Electoral Act 2017 provides the framework, process and timetable for the redistribution.

Special Minister of State Don Harwin announced the convening of the Electoral Districts Redistribution Panel on 31 January 2020 with the appointment of Hon. Justice Arthur Emmett AO QC as Chairperson.