LEX7939
Edward Pellew
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Edward
FOI Request: Freedom of Information Request No. LEX 7939
Your FOI request
On 11 April 2025 you wrote to the Australian Electoral Commission (
AEC) seeking access under the
Freedom of Information Act 1982 (the
FOI Act) to:
I seek access to the fol owing, as at the close of rol s 7 April 2025:
1. The number of designated electors.
1a. Of the number identified in item (1), this number broken down by state or territory.
1b. Of the numbers identified in items (1) & (1a), this number broken down by electoral division.
I also seek access to the fol owing:
2. The number of designated electors declared in financial years 2022/23, 2023/24 and 2024/25 to date.
2a. Of the numbers identified in item (2), a breakdown of whether the declaration was made by the
Electoral Commissioner or a delegate.
3. The number of unique applications for internal review of a designated elector declaration in financial
years 2022/23, 2023/24 and 2024/25 to date.
4. The outcome of unique internal review decisions (i.e. confirmed or set aside) of declared designated
electors review applications made in financial years 2022/23, 2023/24 and 2024/25 to date.
4. The number of unique applications for review to the Administrative Review Tribunal of a declared
designated elector in financial year 2024/25 to date. (I have assumed the Commission is notified)
5. The number of declarations ceasing to have effect by virtue of s 202AH(3) in financial years 2022/23,
2023/24 and 2024/25 to date.
We understand your FOI request to concern decisions to declare electors as designated electors, and
reviews of those decisions, under Part XVC of the
Commonwealth Electoral Act 1918.
Authority
As a Senior Government Lawyer in the Legal Services Branch, I am an authorised decision-maker
under section 23 of the FOI Act.
Identification of documents
The information sought by your request required the AEC to compile this information from various
sources. This information has been produced in the enclosed document described further below.
Accordingly, this ‘created document’ is the only document that falls within the scope of your FOI
Request.
1
LEX7939
The data, to the extent it was available, was collated into this 1 document by contacting the relevant
areas of the AEC. The AEC is permitted to do this under section 17 of the FOI Act.
Decision
I have decided to grant access in full to the created document.
Material taken into account I have taken the following material into account in making my decision:
a) the content of the documents that fall within the scope of your FOI Request;
b) the FOI Act, specifically section 17;
c) the guidelines
(‘FOI Guidelines’) issued by the Australian Information Commissioner under
section 93A of the FOI Act; and
d) t
he FOI Guidance Notes, July 2011 issued by the Department of Prime Minister and Cabinet.
Reasons
The AEC’s information technology systems are not currently able to produce a report for us to provide
you with the total number of designated electors as at the close of rolls (7 April 2025). Consequently,
the AEC does not hold any documents or information responsive to item 1 of your FOI Request.
However, to assist, the created document contains the number of designated electors per federal
electoral event since the introduction of the designated elector scheme to the
Commonwealth Electoral
Act 1918 (i.e. from the 2019 federal election onwards). This information is available on the AEC website
here:
Compliance & Enforcement Activities - Australian Electoral Commission.
Disclosure log
Section 11C of the FOI Act requires that the documents released under section 11A are published
unless it would be unreasonable to do so.
I have determined that it is not unreasonable to publish the created document. The created document
wil be published on t
he Freedom of Information (FOI) Disclosure Log - Australian Electoral
Commission within 10 business days.
Review rights
You are entitled to seek review of this decision.
Attachment A sets out your rights to apply for review
if you are dissatisfied with my decision.
Yours sincerely
Lachlan
Australian Electoral Commission
2
LEX7939
