About the NSW Electoral Commission The NSW Electoral Commission is a statutory authority comprising three members appointed by the Governor of NSW. The Commission approves funding to independent MPs, candidates and parties and enforces provisions of three NSW Acts. It can conduct and promote research into electoral matters. Find out more information about the work the Commission does, how it increases public awareness of its work and decisions and the members of the Commission. This diagram shows the relationship between the NSW Electoral Commission, the Electoral Commissioner and the Parliament of NSW. Some FAQs about the work of the Commission is here: http://www.elections.nsw.gov.au/about_us/work_of_the_commissio n/faqs_-_the_commission Legislation enforced by the NSW Electoral Commission The Commission enforces provisions of the three NSW Acts and their regulations: Parliamentary Electorates and Elections Act 1912 Election Funding, Expenditure and Disclosures Act 1981 Lobbying of Government Officials Act 2011 The distribution of public money The distribution of public money for election purposes must be done according to the law. This means that claims for the payment of funding to parties, independent MP's and candidates must include declarations disclosing expenditure for which reimbursement is sought. Funding, Disclosure and Compliance Branch staff audit each claim for public funding. If further information or supporting documentation is required, staff will liaise with the agent of the party, candidate or elected member. Public money is distributed after an approval by the 3 member Commission. Public money comes from three funds: the Election Campaigns Fund, the Administration Fund and the Policy Development Fund. 1
Inadequate declarations, disclosure or compliance To be able to account for the receipt and use of donations, and compliance with electoral laws generally, political parties, elected members, candidates, groups and third-party campaigners must submit a declaration disclosing political donations received and expenditure incurred. These declarations are separate to declarations that accompany claims for public funding. Most candidates and parties comply within the required time periods. Sometimes disclosed information does not meet the requisite standard and when this happens an opportunity to update or correct the information is generally allowed. Funding, Disclosure and Compliance Branch officers provide advice to people about how to lodge disclosure documentation. Find out more information on the role of the Funding Disclosure and Compliance Branch. See Frequently Asked Questions about funding, disclosure and compliance. Donations to political parties Political parties are required to disclose information and, depending on the amount of the donation, the identity of the donor itself. People who make donations in excess of $1,000 (whether monetary or donations in kind) are also required to disclose this information. Find out more information about Political Donations. Investigation powers The NSWEC has investigation powers which may be used to determine whether a breach of the legislation has occurred. Fines and other penalties (including imprisonment) may be imposed on those who do not comply with their funding and disclosure obligations. It is a serious offence to enter into, or carry out, a scheme to circumvent a prohibition or requirement regarding political donations or electoral expenditure. 2
NSW Political Donations Certain political donations are unlawful. If a person makes or accepts a political donation and is aware the donation is unlawful the person may have committed an offence and may be prosecuted by the NSWEC in a court. This includes individuals that accept donations on behalf of a political party, elected member, candidate, group or third-party campaigner. Read more here: http://www.elections.nsw.gov.au/fd/political_donations/unlawful_po litical_donations Political donations for State electoral purposes are subject to specific caps. Read more here: http://www.elections.nsw.gov.au/fd/political_donations/caps_on_po litical_donations NSW Disclosure laws Political donations and electoral expenditure must be disclosed to the NSWEC after each financial year. Read more about how to disclose and about offences here: http://www.elections.nsw.gov.au/fd/disclosure Conduct of NSW Elections The Electoral Commissioner is responsible for enrolment of electors (that is, people enrolled to vote), electoral rolls and the conduct of elections. Community education resources are here: http://www.elections.nsw.gov.au/about_elections/community_educ ation_resources 3
NSW 2015 STATE ELECTION BY NUMBERS # of people who voted: 4.5 million # of polling places: 2,800 # of staff employed: 22,355 # of ballot papers printed: more than 29 million Accuracy of election results: 90 per cent of people confident Conduct of impartial and fair elections: 89 per cent of people Cost of conducting an election: $11.03 per voter Total cost of conducting an election: $55.5 million In 2011, electronic voting used by: 50,000 voters In 2015, electronic voting used by: more than 283,000 voters # of registered political parties and candidates nominated: 934 # of registered political parties & candidates elected: 114 Length of a State Election planning cycle: 3 years PAYMENTS AND DONATIONS DURING 2014-2015 Political donations received by candidates, elected members, groups, third-party campaigners and political parties during the 2014/2015 disclosure period: more than $15 million Donations December 2014 to June 2015: State registered parties reported donations of more than $5 million Donations December 2014 to June 2015: Local Government parties reported donations of about $54,000 PUBLIC FUNDING Public funding is not available for Local Government elections, parties or candidates for councils in NSW Payments made from the Election Campaigns Fund for the 2015 NSW State Election, between 1 December 2014 and 30 June 2015: $6.8 million Payments made from the Administration Fund: $6.7 million POLITICAL DONATIONS Donations disclosed December 2014 June 2015 by: State registered parties: almost $5.1 million By Local Government parties: about $54,000 # of political donations recovered during 2014-2015: 1 4
COMPLIANCE DURING 2014-2015 Potential breaches of the Election Funding, Expenditure Disclosures Act 1981: 373 Outcome of potential breaches: 39 completed investigations 209 cautions issued 122 no further action taken Number of matters where breaches of the Act may be handled through the use of penalty notice provisions: 352 matters reviewed # of penalty notices issued mainly for failure to lodge Disclosure Declarations for political donations and electoral expenditure on time: 65 # of prosecutions: 20 matters about penalty notices served prior to July 2014; but none yet commenced during 2014-2015. # of declarations received during 2014-2015 declaration period: about 4,100 NSW ELECTORAL COMMISSION OPERATING EXPENSES 2014-2015 financial year about $100 million including $55.5 for the 2015 NSW State Election 19 May 2016 5