About the NSW Electoral Commission
The NSW Electoral Commission is a statutory authority comprising
three members appointed by the Governor of NSW. The
Commission approves funding to independent MPs, candidates and
parties and enforces provisions of three NSW Acts. It can conduct
and promote research into electoral matters.
Find out more information about the work the Commission does,
how it increases public awareness of its work and decisions and the
members of the Commission.
This diagram shows the relationship between the NSW Electoral
Commission, the Electoral Commissioner and the Parliament of NSW.
Some FAQs about the work of the Commission is here:
http://www.elections.nsw.gov.au/about_us/work_of_the_commissio
n/faqs_-_the_commission
Legislation enforced by the NSW Electoral
Commission
The Commission enforces provisions of the three NSW Acts and
their regulations:
• Parliamentary Electorates and Elections Act 1912
• Election Funding, Expenditure and Disclosures Act 1981
• Lobbying of Government Officials Act 2011
The distribution of public money
The distribution of public money for election purposes must be done
according to the law. This means that claims for the payment of
funding to parties, independent MP's and candidates must include
declarations disclosing expenditure for which reimbursement is
sought. Funding, Disclosure and Compliance Branch staff audit each
claim for public funding. If further information or supporting
documentation is required, staff will liaise with the agent of the
party, candidate or elected member.
Public money is distributed after an approval by the 3 member
Commission. Public money comes from three funds: the Election
Campaigns Fund, the Administration Fund and the Policy
Development Fund.
1
Inadequate declarations, disclosure or
compliance
To be able to account for the receipt and use of donations, and
compliance with electoral laws generally, political parties, elected
members, candidates, groups and third-party campaigners must
submit a declaration disclosing political donations received and
expenditure incurred. These declarations are separate to
declarations that accompany claims for public funding. Most
candidates and parties comply within the required time periods.
Sometimes disclosed information does not meet the requisite
standard and when this happens an opportunity to update or correct
the information is generally allowed. Funding, Disclosure and
Compliance Branch officers provide advice to people about how to
lodge disclosure documentation.
Find out more information on the role of the Funding Disclosure and
Compliance Branch.
See Frequently Asked Questions about funding, disclosure and
compliance.
Donations to political parties
Political parties are required to disclose information and, depending
on the amount of the donation, the identity of the donor itself.
People who make donations in excess of $1,000 (whether monetary
or donations in kind) are also required to disclose this information.
Find out more information about Political Donations.
Investigation powers
The NSWEC has investigation powers which may be used to
determine whether a breach of the legislation has occurred. Fines
and other penalties (including imprisonment) may be imposed on
those who do not comply with their funding and disclosure
obligations. It is a serious offence to enter into, or carry out, a
scheme to circumvent a prohibition or requirement regarding
political donations or electoral expenditure.
2
NSW Political Donations
Certain political donations are unlawful. If a person makes or
accepts a political donation and is aware the donation is unlawful
the person may have committed an offence and may be prosecuted
by the NSWEC in a court. This includes individuals that accept
donations on behalf of a political party, elected member, candidate,
group or third-party campaigner. Read more here:
http://www.elections.nsw.gov.au/fd/political_donations/unlawful_po
litical_donations
Political donations for State electoral purposes are subject to
specific caps. Read more here:
http://www.elections.nsw.gov.au/fd/political_donations/caps_on_po
litical_donations
NSW Disclosure laws
Political donations and electoral expenditure must be disclosed to
the NSWEC after each financial year. Read more about how to
disclose and about offences here:
http://www.elections.nsw.gov.au/fd/disclosure
Conduct of NSW Elections
The Electoral Commissioner is responsible for enrolment of electors
(that is, people enrolled to vote), electoral rolls and the conduct of
elections. Community education resources are here:
http://www.elections.nsw.gov.au/about_elections/community_educ
ation_resources
3
NSW 2015 STATE ELECTION BY NUMBERS
# of people who voted: 4.5 million
# of polling places: 2,800
# of staff employed: 22,355
# of ballot papers printed: more than 29 million
Accuracy of election results: 90 per cent of people confident
Conduct of impartial and fair elections: 89 per cent of people
Cost of conducting an election: $11.03 per voter
Total cost of conducting an election: $55.5 million
In 2011, electronic voting used by: 50,000 voters
In 2015, electronic voting used by: more than 283,000 voters
# of registered political parties and candidates nominated: 934
# of registered political parties & candidates elected: 114
Length of a State Election planning cycle: 3 years
PAYMENTS AND DONATIONS DURING 2014-2015
Political donations received by candidates, elected members, groups,
third-party campaigners and political parties during the 2014/2015
disclosure period: more than $15 million
Donations December 2014 to June 2015: State registered parties
reported donations of more than $5 million
Donations December 2014 to June 2015: Local Government parties
reported donations of about $54,000
PUBLIC FUNDING
Public funding is not available for Local Government elections,
parties or candidates for councils in NSW
Payments made from the Election Campaigns Fund for the 2015
NSW State Election, between 1 December 2014 and 30 June 2015:
$6.8 million
Payments made from the Administration Fund: $6.7 million
POLITICAL DONATIONS
Donations disclosed December 2014 – June 2015 by:
State registered parties: almost $5.1 million
By Local Government parties: about $54,000
# of political donations recovered during 2014-2015: 1
4
COMPLIANCE DURING 2014-2015
Potential breaches of the Election Funding, Expenditure Disclosures
Act 1981: 373
Outcome of potential breaches:
39 completed investigations
209 cautions issued
122 no further action taken
Number of matters where breaches of the Act may be handled
through the use of penalty notice provisions: 352 matters reviewed
# of penalty notices issued mainly for failure to lodge Disclosure
Declarations for political donations and electoral expenditure on
time: 65
# of prosecutions: 20 matters about penalty notices served prior to
July 2014; but none yet commenced during 2014-2015.
# of declarations received during 2014-2015 declaration period:
about 4,100
NSW ELECTORAL COMMISSION OPERATING EXPENSES
2014-2015 financial year
• about $100 million including $55.5 for the 2015 NSW State
Election
19 May 2016
5