Review

The actions of the AEC in its administration of the Act are subject to review under the Administrative Appeals Tribunal Act 1975, the Ombudsman Act 1976 and the Administrative Decisions (Judicial Review) Act 1977.

Information about the actions of the AEC may also be obtained under the Freedom of Information Act 1982.

The Act provides for appeals to be made in respect of decisions by the AEC to:

• Grant, or refuse, a party’s application for registration;

• Grant, or refuse, an application to change the Register of Political Parties;

• Uphold, or refuse, an objection by a former parent political party to a party’s continued use of its name, or abbreviated name;

In certain cases, the decision to deregister a party may also be appealed.

People affected by an appealable decision of a delegate of the AEC may, with 28 days of becoming aware of the decision, apply to the AEC for a review of the decision;

• They must give their name and address, and the reasons they are seeking the review;

• If they are dissatisfied with the outcome of the review, they may be able to apply to the Administrative Appeals Tribunal for its review of the decision.

The AEC will provide persons directly affected by an adverse decision with a statement of reasons for that decision.

The AEC will publish on its web site the reasons for:

• Refusing an application for the registration of a political party;

• Refusing an application seeking changes to a party name or abbreviation, or the inclusion of a new abbreviation in the register;

• Upholding an objection to the continued use of a party name.

Persons adversely affected by the actions of the AEC should take their own independent legal advice as to the merits of their position, and whether administrative or judicial review may be appropriate to their circumstances.