What is the voters' roll?
A voters' roll is a list of everyone who is eligible to vote at an election.
The City of Port Phillip has a voters' roll that it relies on when conducting elections for its councillors.
The roll includes:
- People who reside in the municipality
- People who own property in the municipality
- People who have been nominated to represent a company/business that owns or occupies premises in the municipality
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Who can access the voters' roll?
Members of the public
The voters' roll will be made available for inspection by members of the public for the period beginning on the day that the voters' roll is certified and ending 30 days after election day.
Candidates contesting a council election
Candidates contesting any council election have a right to a free copy of the ward roll in which they are a candidate. This is made available from Nomination Day and is issued by the Returning Officer.
Other purposes
Either side of the period in which the voters' roll is made available to members of the public, application should be made in writing for inspection or a copy of the voters' roll.
Upon application and the giving of an undertaking, the voters' roll may be provided for the following uses:
- A purpose connected with electoral matters, including elections and enrolments
- A 'public interest' purpose, as determined after application to the Victorian Privacy Commissioner
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Application for inspection/copy of the voters' roll
You should use this  Application for Inspection / Copy of Voters' Roll if you wish to apply for inspection and/or a copy of the voters' roll.
Simply print out the form, complete it, and return it to the council's ASSIST Centre.
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Which voters' roll will be provided?
The voters' roll provided will be the last 'certified' version minus details of silent voters.
Council is required to produce a certified roll prior to each general election, with production dates set by legislation. Council elections are conducted every 4 years commencing 2008.
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Guide to seeking access to the voters' roll for public interest purposes
Under section 24C of the Local Government (Democratic Reform) Act 2003 a person or organisation can seek a copy of the voters' roll for a public interest purpose. Provision by a Council Chief Executive Officer of a copy of the roll for a public interest purpose must be approved in advance by the Victorian Privacy Commissioner.
What is a public interest purpose?
A public interest purpose is a purpose that benefits the public or a significant portion of it. The public interest is the common good, assessed in context.
Use of roll information by an individual for his or her benefit only, or by an organisation for its commercial benefit only, is not a public interest purpose. But an individual or organisation may benefit in the course of a public interest purpose being served.
What factors does the Privacy Commissioner consider?
When deciding whether to approve an application, the Privacy Commissioner will weigh the public interest to be served by the proposed use with the public interest in protecting the privacy of personal information. Voters' information has been compulsorily obtained for the purposes of voting in local government elections.
When balancing interests, the Privacy Commissioner will consider:
- the significance of the public interest to be served
- the extent of the privacy loss
- the availability of alternative sources of the information that will serve the stated public interest purpose
- the arrangements for limiting the use to the stated purpose
What information does the Privacy Commissioner require when considering an application?
Follow the procedures set out by Council to make your application. Council will send your application to the Privacy Commissioner.
Answering the following questions in order will help you provide the information the Privacy Commissioner will need to balance the public and privacy interests. If you do not address these matters the processing of your application may be delayed.
- Have you considered or attempted other methods of obtaining the information to serve the public interest purpose?
- What is the proposed use of the roll information and how will it benefit the public?
- How will voters be informed that their information was obtained from the roll?
- How many people will have authorised access to the copy of the roll?
- What steps will be taken to ensure they know and comply with conditions for its use?
- What steps will be taken to prevent unauthorised access, copying, use or disclosure of the roll information?
- Is it proposed to make further copies of the roll information? If so, why and how many?
- Will the roll information remain in Victoria? If not, where will it be sent?
- For how long is the roll information required in order to achieve the public interest purpose?
- What arrangements are proposed for the return or destruction of the roll information when it is no longer needed?
- What is the name, position and contact details of the person responsible for compliance with conditions of access?
What are your obligations?
Data security is part of information privacy. If you apply for a copy of the voters' roll you will need to satisfy the Privacy Commissioner that only authorised people will get access to it, and it will only be used for the public interest purposes in your application. If there is misuse, you need to be able to identify how it happened and who takes responsibility.
You will need to complete an Undertaking re Provision of the Voters' Roll before you inspect and/or receive a copy of the voters' roll.
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Privacy provisions
Transparency and notice
The Information Privacy Act 2000 sets standards for the responsible and transparent collection and handling of personal information. One of these standards, which are known as Information Privacy Principles, requires that individuals be given proper notice about who collects their information, and the uses made of it. In the Local Government (Democratic Reform) Act 2003, Parliament made it clear that the voters' roll may be used for public interest purposes other than conducting local government elections. For example, it may be in the public interest to use the voters' roll information to conduct a health screening program.
The council's obligations
The voters' roll is a public register, therefore, the council must so far as is reasonably practicable not do an act or engage in a practice that would contravene an Information Privacy Principle in respect of personal information collected, held, managed, used, disclosed or transferred by it in connection with the administration of the voters' roll.
Further information about Victoria's Information Privacy Act 2000 and the 10 Information Privacy Principles can be obtained from:
Office of the Victorian Privacy Commissioner (Privacy Victoria)
GPO Box 5057, Melbourne 3001
Local call: 1300 666 444
Website: www.privacy.vic.gov.au
Email: enquiries@privacy.vic.gov.au
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