Chapter 1 – Background and context

This chapter outlines the legislative requirements of the redistribution from the release of the Redistribution Committee’s proposed redistribution to the determination of the names and boundaries of electoral divisions by the augmented Electoral Commission.

1. A redistribution of electoral divisions is the process where electoral divisions and their boundaries and names are reviewed, and may be altered, to ensure, as near as practicable:
   • each state and territory gains representation in the House of Representatives in proportion to its population, and
   • there are a similar number of electors in each electoral division for a given state or territory.

Compliance with legislative requirements

2. The Commonwealth Electoral Act 1918 (the Electoral Act) specifies that a redistribution process should be undertaken when:
   • the number of members of the House of Representatives to which a state or territory is entitled has changed (relative population change),
   • the number of electors in more than one-third of the electoral divisions in a state (or one of the electoral divisions in the Australian Capital Territory or the Northern Territory) deviates from the average divisional enrolment by over ten per cent for a period of more than two months, or
   • a period of seven years has elapsed since the last redistribution process was determined.¹
3. The procedures to be followed in conducting a redistribution process are also specified in the Electoral Act. Appendix A summarises the legislative requirements which have been followed in conducting this redistribution. Each of these requirements is discussed in further detail in this Chapter.

Background to this redistribution

4. The steps followed from the commencement of the redistribution of New South Wales to the release of the Redistribution Committee’s proposed redistribution are outlined in Chapter 1 of the Redistribution Committee’s report: Proposed redistribution of New South Wales into electoral divisions.²

Requirement to conduct a redistribution of electoral divisions in New South Wales and commencement

5. On Thursday 13 November 2014, the then acting Electoral Commissioner made a determination under sub-section 48(1) of the Electoral Act of the number of members of the House of Representatives each state and territory would be entitled to at the next general election.³
6. As a result of this determination, New South Wales’ entitlement decreased from 48 to 47 members of the House of Representatives.
7. In accordance with sub-section 59(1) of the Electoral Act, the Electoral Commission published a notice in the Commonwealth Government Notices Gazette (the Gazette) on Monday 1 December 2014 directing that a redistribution of New South Wales into 47 electoral divisions commence.

Current enrolment quota

8. Section 65 of the Electoral Act requires the Electoral Commissioner, as soon as practicable after the redistribution process commences, to determine the current enrolment quota using the following formula:

9. In calculating this quota, sub-section 65(2) of the Electoral Act provides that:
   • where the result is less than 0.5, the number is rounded down to the nearest whole number, or
   • where the result is equal to or greater than 0.5, the number is rounded up to the nearest whole number.
10. Table A shows the figures used to calculate the current enrolment quota and the resultant range of the permissible maximum and minimum number of electors in an electoral division (discussed further in the section titled ‘Statutory requirements for the making of a redistribution’).

11. The then acting Electoral Commissioner signed a written instrument on Monday 8 December 2014, as required by sub-section 65(1) of the Electoral Act, determining the quota of electors for the purposes of the redistribution to be 103 481.
12. As part of the redistribution process, the augmented Electoral Commission is required to ensure that the number of electors in an electoral division does not vary by more than or less than 10 per cent from the current enrolment quota (see Appendix B).

Enrolment projections and projected enrolment quota

13. When determining a redistribution, the augmented Electoral Commission is required by paragraph 73(4)(a) of the Electoral Act to ensure, as far as practicable, the number of electors enrolled in an electoral division at the projection time will not vary by more than or less than 3.5 per cent of the projected enrolment quota. The projected enrolment quota is calculated using the following formula:

14. Table B shows the figures used to calculate the projected enrolment quota and the resultant range of the permissible maximum and minimum number of electors in an electoral division at the projection time (discussed further in the section titled ‘Statutory requirements for the making of a redistribution’).

Release of proposed redistribution of New South Wales

15. Sub-section 66(1) of the Electoral Act requires the Redistribution Committee to make a proposed redistribution, with section 67 further requiring that written reasons for the proposed redistribution be provided.
16. In its report Proposed redistribution of New South Wales into electoral divisions, the Redistribution Committee outlined its proposed redistribution of New South Wales and in Chapter 2 explained the reasons behind its proposal.⁴ On Friday 16 October 2015, this report was made available on the Australian Electoral Commission (AEC) website and in each office of the AEC located in New South Wales.
17. In addition, and as required by sub-section 68(1) of the Electoral Act, the following information was also made available at each AEC office in New South Wales from Friday 16 October 2015:
    • maps showing the names and boundaries of each proposed electoral division in New South Wales, and
    • copies of the 23 suggestions and 157 comments on suggestions made to the redistribution.

Invitation for interested parties to submit objections and comments on objections

18. The Redistribution Committee is required by sub-sections 68(1) and (2) of the Electoral Act to draw attention to the redistribution material able to be viewed at AEC offices in New South Wales and to invite written objections relating to the proposed redistribution of New South Wales and written comments on objections via:
    • a notice published in the Gazette on a Friday
    • a notice published in two newspapers circulating throughout New South Wales, and
    • a notice published in such regional newspapers circulating in regions affected by the proposed redistribution as determined by the Redistribution Committee.
19. The notice was published in the Gazette on Friday 16 October 2015. Newspaper notices were published in:
    • The Sydney Morning Herald, The Daily Telegraph and The Weekend Australian on Saturday 17 October 2015,
    • The Land on Thursday 22 October 2015, and
    • 23 regional newspapers (see Appendix C for details of where and when notices were published).
20. In accordance with section 68 of the Electoral Act, these notices included a brief outline of the proposed redistribution, where to view the proposed redistribution, how to participate in the process and where to find further information.⁵ As required by paragraph 68(1)(d):
    • the notices published in The Sydney Morning Herald, The Daily Telegraph and The Land included maps showing the names and boundaries of each proposed electoral division in New South Wales, and
    • the notices published in the regional newspapers listed in Appendix C included maps showing the names and boundaries of proposed electoral divisions in areas covered by the newspaper’s circulation.
21. Table C presents information on the options for making an objection or comment on an objection, and the extent to which these options were used.

22. Interested parties were able to submit written objections from Friday 16 October 2015 until 6pm (AEDT) on Friday 13 November 2015, the 4th Friday after the publication of the Gazette notice.⁶ During this time, 791 objections were received by the Electoral Commission (see Appendix D).⁷
23. As required by sub-section 69(2) of the Electoral Act, copies of these objections were made available to members of the public for perusal at the office of the Australian Electoral Officer for New South Wales in Sydney from Monday 16 November 2015, the 5th Monday after the publication of the Gazette notice. The objections were also made available on the AEC website from this date.
24. Interested parties were able to submit written comments on objections received from Monday 16 November 2015 until 6pm (AEDT) on Friday 27 November 2015, the 6th Friday after the publication of the Gazette notice.⁸ During this time, 26 comments on objections were received by the Electoral Commission (see Appendix E).
25. As required by sub-section 69(4) of the Electoral Act, copies of these comments on objections were made available to members of the public for perusal at the office of the Australian Electoral Officer for New South Wales in Sydney from Monday 30 November 2015, the 7th Monday after the publication of the Gazette notice. The comments on objections were also made available on the AEC website from this date.

Augmented Electoral Commission for New South Wales

26. Sub-section 70(1) of the Electoral Act specifies that, for the purposes of a redistribution of a state, there is established an augmented Electoral Commission for the state. The membership of the augmented Electoral Commission is specified by sub-section 70(2).
27. The membership of the augmented Electoral Commission for New South Wales is outlined in Table D.

• * indicates the members of the Redistribution Committee for New South Wales (chaired by Mr Rogers).
• Mr Hehir resigned from the position of Auditor-General of New South Wales prior to the first meeting of the Redistribution Committee.

28. The augmented Electoral Commission met on:
    • Friday 4 December 2015,
    • Wednesday 16 December 2015,
    • Friday 18 December 2015, and
    • Tuesday 22 December 2015.

Consideration of objections and comments on objections by the augmented Electoral Commission

29. The augmented Electoral Commission is required by sub-section 72(1) of the Electoral Act to consider all objections and comments on objections.
30. In formulating its redistribution of New South Wales, the augmented Electoral Commission considered each of the 789 objections and 26 comments on objections. The augmented Electoral Commission found the written submissions made throughout the redistribution process to be a valuable contribution and is appreciative of the time and effort expended by all those who contributed.
31. Chapter 2 and Appendix F outline the key themes contained in these objections and comments on objections, and how the augmented Electoral Commission responded to them, having regard to the requirements of the Electoral Act.

Inquiry by the augmented Electoral Commission into objections

32. Sub-section 72(3) of the Electoral Act requires the augmented Electoral Commission to hold an inquiry into an objection unless it is of the opinion:
    • the matters raised in the objection were raised, or are substantially the same as matters that were raised, in:
      • suggestions relating to the redistribution lodged with the Redistribution Committee; or
      • comments lodged with the Redistribution Committee; or
    • the objection is frivolous or vexatious.
33. At an inquiry, individuals or organisations may address the augmented Electoral Commission on any matter raised in an objection to the proposed redistribution of NSW or in a comment on these objections. Matters raised in objections and comments on objections included the:
    • location of the boundary between the Division of Barton and the Division of Cook
    • electoral division in which Paddington is to be located
    • location of the boundary between the Division of Cowper and the Division of Lyne
    • electoral division in which Camden council is to be located
    • location of the boundary between the Division of Grayndler and the Division of Reid
    • electoral division in which Bundanoon, Exeter, Penrose and Wingello are to be located
    • electoral division in which the Shire of Forbes is to be located
    • name of the proposed Division of Whitlam
34. The manner in which inquiries into objections are to be conducted by the augmented Electoral Commission are specified in sub-sections 72(4) to 72(9) of the Electoral Act.
35. The augmented Electoral Commission held two inquiries:
    • one on Wednesday 16 December 2015 in Sydney, and
    • one on Friday 18 December 2015 in Port Macquarie.
36. Invitations to attend the inquiries were sent to those who made objections to the proposed redistribution or commented on objections. Notices of invitation were placed in:
    • The Sydney Morning Herald and The Daily Telegraph on Wednesday 9 December 2015,
    • the Coffs Coast Advocate on Wednesday 9 December 2015, and
    • the Port Macquarie Independent on Thursday 10 December 2015.
37. Appendix G lists those who appeared at these inquiries and transcripts are included with this report. The augmented Electoral Commission found the submissions presented by those participating at the inquiries to be a valuable contribution and is appreciative of the time and effort expended by all those who contributed.
38. The augmented Electoral Commission’s response to the matters raised at the inquiries is summarised in Chapter 2 and Appendix F.

Conclusion of consideration of objections by the augmented Electoral Commission

39. Sub-section 72(2) of the Electoral Act requires the augmented Electoral Commission to conclude its consideration of the objections before the expiration of 60 days after the close of comments on objections. As comments on objections closed on Friday 27 November 2015, the augmented Electoral Commission was required to conclude its consideration by Tuesday 26 January 2016.
40. Consideration of objections by the augmented Electoral Commission was concluded on Tuesday 12 January 2016.

Statutory requirements for the making of a redistribution

41. Section 73 of the Electoral Act required the augmented Electoral Commission to adhere to specific criteria in forming the proposed boundaries.
42. The augmented Electoral Commission was required to ensure that the number of electors in each electoral division in New South Wales would:
    • not be less than 90 per cent or more than 110 per cent of the current enrolment quota (see Table A for the permissible maximum and minimum number of electors at this time), and
    • not be less than 96.5 per cent or more than 103.5 per cent of the projected enrolment quota at the projection time of Sunday 25 August 2019 (see Table B for the permissible maximum and minimum number of electors at this time).
43. The augmented Electoral Commission also gave due consideration, to the extent possible, to:
    • community of interests in the electoral divisions including economic, social and regional interests,
    • means of communication and travel in the electoral divisions,
    • the physical features and area of the electoral divisions, and
    • the boundaries of existing electoral divisions.
44. Further details regarding these requirements are in Appendix B.
45. Appendix H outlines the mechanics of constructing electoral divisions.

Public announcement by the augmented Electoral Commission

46. Once its inquiries into objections are completed, sub-section 72(10) of the Electoral Act requires the augmented Electoral Commission to:
    • make a proposed redistribution of the state, and
    • make a public announcement.
47. While the augmented Electoral Commission is able to choose the means by which this public announcement is issued,⁹ sub-section 72(12) requires the following content:
    • the substance of the augmented Electoral Commission’s findings or conclusions on the initial objections to the Redistribution Committee’s proposed redistribution,
    • the augmented Electoral Commission’s proposed redistribution of the state, and
    • a statement whether, in the opinion of the augmented Electoral Commission, its proposed redistribution is significantly different from the Redistribution Committee’s proposed redistribution.¹⁰
48. The augmented Electoral Commission did not consider their proposed redistribution to be significantly different to that of the Redistribution Committee. The text of the augmented Electoral Commission’s public announcement, which was made on Thursday 14 January 2016, is at Appendix I.

Determination made by the augmented Electoral Commission for New South Wales

49. In accordance with sub-section 73(1) of the Electoral Act, the names and boundaries of electoral divisions for a state are determined when the augmented Electoral Commission publishes a notice in the Gazette.
50. The text of the notice published in the Gazette on Thursday 25 February 2016 is at Appendix J.