Amend the register
If there are changes in the registered details of a party, an amendment must be made to the applicable register. In some cases, it is mandatory that the registered officer of a party notify the NSW Electoral Commission of a change in the party’s registered details.
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Amendments initiated by a party
Mandatory application to amend the register(s)
The registered officer of a party must apply to amend the Register of Parties or Local Government Register of Political Parties (as applicable) within 21 days of any of the following occurring:
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an amendment to the party’s written constitution
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a change of registered officer or
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a change of the party’s objectives, the procedure for amending the party’s constitution, the rules of membership, the party structure, the procedure to select and remove office bearers, and the names of the officers or members responsible for complying with electoral laws.
In the case of a change in the registered officer, if the registered officer has died or is unavailable, the deputy registered officer or secretary (if there is no deputy) must make an application for amendment as soon as possible after the decision by the party to change its registered officer.
Optional application to amend the register(s)
The registered officer of a party may apply to amend the Register of Parties or Local Government Register of Political Parties (as applicable) for any changes to the details of the party (other than those where a mandatory application for amendment is required). This includes a change in the name or address of the party.
Including a secretary and deputy registered officer
The new electoral laws (which commenced on 1 July 2018) require applications for party registration to include the name and address of the party secretary. Before the introduction of this requirement, a party was not required to formally provide details relating to its secretary.
A number of currently registered parties have not previously appointed a deputy registered officer or, alternatively, have appointed more than one deputy registered officer.
To update the register to include a secretary and/or deputy registered officer, the registered officer of the party may complete an Application to amend the party register(s) – providing optional party information form.
Amendments initiated by the NSW Electoral Commissioner
The NSW Electoral Commissioner may make amendments to the details of a registered party after requesting a party to produce a statement of the following:
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the party’s objectives
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the procedure for amending the party constitution
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the rules for membership of the party
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a description of the party structure
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the process for selecting and removing office holders or
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the names of officer or members responsible for complying the electoral laws.
Amendments during an election period
During an election period (including a by-election), the NSW Electoral Commissioner may refuse to amend the Register of parties or the local government register of political parties.
The election period for a state election is the period from the issue of the writ until election day. The election period for a local government election is the period from the close of the electoral roll for the election to election day.
Notice of proposed amendments to a register
The NSW Electoral Commissioner will publish a notice stating the proposed amendments in a newspaper and on the NSW Electoral Commission’s website unless the amendments are minor in nature.
Amendment process
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Documents and forms review
Before lodging an application to amend the register, the registered officer should:
identify the changes that need to be made and determine if the change requires a mandatory application to amend the register within 21 days
complete an Application to amend the party register(s) form
if the changes are in relation to a change in party members that are to be relied on for registration purposes, complete a Declarations of party membership form.
If the registered officer has died or is unavailable, the deputy registered officer (or secretary if there is no deputy) should complete the above steps.
An application to amend the register must be signed by the registered officer of the party, or the deputy registered officer if the registered officer has died or is unavailable, or the secretary of the party if there is no deputy. The application may be made in paper or electronic form.
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Lodgement to amend registration
The application to amend the register and all relevant supporting documentation must all be lodged with the NSW Electoral Commissioner in person, by mail or by email.
After making an initial assessment, a communication will be sent to the registered officer of the party (or deputy or secretary as applicable) confirming that the application has been received.
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Party membership assessment and survey assessment (if applicable)
If the changes to the registered details of a party consist of a change in the party members relied on by the party, an assessment will be made to determine if the additional persons relied on by the party as members:
are enrolled to vote in New South Wales
are in fact members of the party
have not been relied upon for the registration of another party.
To find out the processes to conduct these assessments view Party membership assessment and Survey process.
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Party name assessment (if applicable)
If the change in the registered details of the party consist of a change in the name of the party an assessment will be conducted to determine whether the proposed name meets the legislative requirements for a legally compliant party name .
To find out the processes to conduct this assessment, view the Party name assessment.
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Public consultation
The process for public consultation is described in the party registration process. Public consultation is not necessary for minor amendments to the register.
Public notices regarding applications to register a political party or amend a political party register are available to view at Party registration notices.
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Determination by the NSW Electoral Commissioner
If an application to amend a party register is approved following the public consultation period, the registered officer (or deputy or secretary as applicable) will be advised and the Register of Parties or Local Government Register of Political Parties will be amended as applicable.
Parties should be aware that during an election period, the NSW Electoral Commissioner may refuse to amend the register.