26 July, 2019
Update - Aboriginal Land Rights Regulation 2014 amendments
Minor amendments have been made to Aboriginal Land Rights Regulation 2014 (ALR Regulation) to modernise and improve processes for the NSW Aboriginal Land Council (NSWALC) elections.
The changes are a result of recommendations by the NSW Electoral Commission (NSWEC) designed to bring NSWALC election processes in line with other State and Local Government election conventions, simplify election processes and increase participation.
A summary of the ALR Regulation updates is below.
These changes are now in force. The full ALR Regulation can be accessed at: https://www.legislation.nsw.gov.au/#/view/regulation/2014/553.
NSWALC will continue to work with the NSW Electoral Commission, Aboriginal Affairs NSW, and Office of the Registrar, Aboriginal Land Rights Act to improve NSWALC election processes.
NSWALC election 2019
The NSWALC election will be held on Saturday 30 November 2019.
To vote, you need to be on your Local Aboriginal Land Council membership roll by 9 September. Contact your Local Aboriginal Land Council or visit the NSWALC website for more information.
Details on candidate nominations will be released soon.
Please direct all queries about the election to the NSW Electoral Commission:
- Phone: 1300 135 736
- Website: www.elections.nsw.gov.au
Summary of ALR Regulation updates
| Issue | What has changed? | ALR Regulation clause |
|---|---|---|
| Removing prescriptive requirement to publish NSWALC election notices in newspapers |
The NSW Electoral Commission (NSWEC) still has to publish notices about the NSWALC election, but it does not have to be in newspapers. This will allow notices to be better tailored to reach Aboriginal communities. Information about the NSWALC election will be distributed through a range of media and communications channels, including a dedicated website by the NSWEC. |
Cl 37 - Publication of election notice Cl 39 - Publication of call for candidate nominations Cl 47- Publication of polling place addresses & opening hours |
| Modern payment methods for nomination deposit | Candidates will now be able to pay the $50 nomination deposit through updated methods. Previously candidates could only pay by cash, money order or bank cheque. | Cl 42(1)(f) - Manner of nominating candidates |
| Removing requirement to publish candidates' full addresses | The NSWEC will still need to publish information about candidates. Instead of the candidate's full address, the NSWEC will publish the following information: (i) the candidates name, (ii) the town, suburb or locality in which the candidate resides, (iii) the Local Aboriginal Land Council of which the candidate is a voting member. |
Cl 47(2)(b) - Contested election |
| Simplifying postal voting |
Any eligible voting member will now be able to vote by post. Previously, postal voting was only allowed in certain circumstances such as illness, distance, and religious grounds. Additionally, applications to postal vote can be made in the manner and form approved by the NSWEC, and can be made 5 days before polling day. Previously, applications to postal vote needed to be made in writing only, and needed to be made 7 days before polling day. |
Cl 51 - Applications to vote by post |
| Extended postal voting period |
Previously postal votes had to be received by the NSW Electoral Commission by the election date. Now, postal votes can be posted before 6pm on polling day, and can received by the Electoral Commission until 6pm on the fourth day immediately following the close of the poll. This allows for less frequent Australia Post delivery times. | Cl 54 and 55 - Postal voting procedures |
| Early voting at polling places |
The ALR Regulation did not previously provide for early voting, other than postal voting. The ALR Regulation now allows early voting as an option. NSWALC is working with the NSWEC to determine availability for the 2019 election. |
Cl 56, Cl 57, Cl 58 - Polling places |