Appeals

Updated: 8 September 2016

Section 141 of the Electoral Act provides for the review of certain decisions of the Electoral Commission, or of a delegate of the Electoral Commission.

Section 141(2) provides that where a delegate of the Electoral Commission makes a reviewable decision, a person affected by the decision, who is dissatisfied with the decision may, within the period of 28 days after the day on which the decision first comes to the notice of the person, or within such further period as the Commission (being the three Commissioners of the AEC) allows, make a written application to the AEC to have the decision reviewed by the Commission.

A reviewable decision means a decision of the Electoral Commission, or of a delegate of the Electoral Commission:

  • to register a political party; or
  • to refuse an application for the registration of a political party; or
  • to enter a logo of a political party in the Register of Political Parties; or
  • to refuse to enter a logo of a political party in the Register of Political Parties; or
  • to grant an application under section 134(1) to change the Register of Political Parties; or
  • to refuse an application under section 134(1); or
  • to uphold an objection under section 134A(1) relating to the continued use of name by a political party; or
  • to refuse to uphold an objection under section 134A(1); or
  • to deregister a political party under section 137(6).

An application for review must include the person's name, street address and the reasons why the decision should be overturned.

Section 141(5) of the Electoral Act provides that an application may be made to the Administrative Appeals Tribunal (the AAT) for review of a reviewable decision made by the Electoral Commission or a decision under section 141(2) or (4). An application to the AAT can be made under the provisions of the Administrative Appeals Tribunal Act 1975. Further information is available on the AAT website.

When the AEC makes a reviewable decision, it must advise all interested parties of their review rights as set out above.