Save Search
    Prev   Next   Return to results listPrint ListEmail Document Link

Title

Ch3 Elections and the electoral system / ELECTORAL DIVISIONS / Redistribution

Database

House Practice

Date

01-05-2005

Source

House of Reps

Parl No.

41

Chapter

Elections and the electoral system

Chapter No.

Chapter 03

Page

86

Section No.

 

System Id

procedural/practcer/chapter03.09.doc


Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Previous Fragment    Next Fragment
Ch3 Elections and the electoral system / ELECTORAL DIVISIONS / Redistribution



Download WordDownload Word

House of Representatives                                Ch 3                                                 p 86

 

Elections and the electoral system / ELECTORAL DIVISIONS

 

Redistribution

The Commonwealth Electoral Act provides for regular redistributions. 1 The Electoral Commissioner must direct a redistribution of a State or Territory:

  • when changes in the distribution of population (ascertained during the thirteenth month of the life of each House of Representatives, if still continuing 2 ) require a change to the number of Members in a State or Territory;

  • when more than one third of the divisions within a State deviate from the average divisional enrolment for the State by more than 10 per cent, and have done so for more than two months, or in the case of the Australian Capital Territory, when one division so deviates; or

  • within 30 days of the expiration of a period of seven years since the previous redistribution, except that should the seven years expire during the last year of the life of a House of Representatives the redistribution is to commence within 30 days of the first meeting of the next House of Representatives.

    • Such provisions also apply to the Northern Territory by virtue of section 55A of the Commonwealth Electoral Act, and it is treated as a State for the purposes of redistribution. 3

    To conduct a redistribution the Electoral Commissio n appoints a Redistribution Committee for the State or Territory, comprising:

  • the Electoral Commissioner;

  • the Australian Electoral Officer for the State or Territory (in the case of the ACT the senior Divisional Returning Officer);

  • the Surveyor-General for the State or Territory or the Deputy Surveyor-General (or equivalent); and

  • the Auditor-General for the State or Territory or the Deputy Auditor-General.

    • In circumstances where the appropriate State officials are not available, the places of the Surveyor-General and Auditor-General may be filled by senior employees of the Australian Public Service from the State or Territory nominated by the Governor-General. 4

    A quota of electors, ascertained by dividing the number of electors in the State or Territory by t he number of Members, 5 is the basis for the proposed redistribution. A proposed division may not depart from this quota by more than 10 per cent.

    In making the proposed redistribution, the Redistribution Committee is required, as far as practicable, to endeavour to ensure that, three years and six months after the redistribution (or earlier time determined by the Electoral Commission), 6 the number of electors enrolled in each proposed electoral division in the State or Territory will be not less than 96.5% or more than 103.5% of the average divisional enrolment in the State or Territory. Subject to this requirement the Redistribution Committee shall give due consideration, in relation to each proposed electoral division, to:

    1. community of interests within the proposed electoral division, including economic, social and regional interests;
    2. means of communication and travel within the proposed electoral division;
    3. the physical features and area of the proposed electoral division; and
    4. the boundaries of existing divisions in the State or Territory. 7

    Redistribution Committees are required to consider any suggestions and comments lodged with them pursuant to public advertisement in the Gazette and the press. A period is allowed for lodgement of suggestions. At the end of the lodgement period, the Redistribution Committee must make copies of all suggestions available for perusal at the relevant office of the Electoral Commission, and invite written comments on the suggestions. A further period is allowed for submission of comments. 8

    Once the initial proposals are determined by the Redistribution Committee, maps showing the names and boundaries of each proposed division must be exhibited at every Electoral Commission office in the State or Territory. Copies of any suggestions or commen ts made to the committee, detailed descriptions of the proposed boundaries and the committee’s reasons for its proposals must be made available for perusal at Electoral Commission offices. 9 A member of a Redistribution Committee may submit a statement of dissent to any proposal 10 and copies of any such statement must also be made available.

    Maps of proposed divisions and the availability of other documents must be advertised publicly and written objections may be lodged. 11 Objections to proposed redistributions are considered by an ‘augmented Electoral Commission’, that is, the members of the Redistribution Committee concerned and the Chairperson and the non-judicial member of the Electoral Commission. 12 The augmented Electoral Commission must hold an inquiry into an objection unless it is of the opinion that the objection is frivolous or vexatious or is substantively the same as a submission previously made. 13 Objections are determined by a majority vote of the augmented Electoral Commission. If the findings of the augmented Electoral Commission, in its own opinion, are significantly different from the original Redistribution Committee proposals, further objections can be made and a second round of hearings occur. The resultant determinations are final and conclusive. They are not subject to appeal of any kind and cannot be challenged in any court. 14



    Commonwealth Electoral Act 1918 , s. 59. The States having been distributed into divisions once are thereafter redistributed. The words ‘distributed’ and ‘redistributed’ are commonly used synonymously.



    Commonwealth Electoral Act 1918 , s. 46.



    The first redistribution of the Northern Territory to provide for two Members occurred in 2000.



    Commonwealth Electoral Act 1918 , s. 60.



    Commonwealth Electoral Act 1918 , s. 65.



    Commonwealth Electoral Act 1918 , s. 63A.



    Commonwealth Electoral Act 1918 , s. 66.



    Commonwealth Electoral Act 1918 , s. 64.



    Commonwealth Electoral Act 1918 , s. 68.



    Commonwealth Electoral Act 1918 , s. 67.



    Commonwealth Electoral Act 1918 , s. 69.



    Commonwealth Electoral Act 1918 , s. 70.



    Commonwealth Electoral Act 1918 , s. 72.



    Commonwealth Electoral Act 1918 , s. 77.