The Electoral Commission has adopted new rules setting out an expedited process for reviewing decisions made by the Supervisor of Elections regarding the publication of false statements during elections.
The Review of Decision of Supervisor Regarding Publication of False Statement Rules 2026, which came into effect on 29 July 2026, establish the procedures for appeals under Section 144A of the Electoral Act 2014.
The rules require the Electoral Commission to determine any application for review within 24 hours of receiving a Notice of Review, in line with the requirements of the Electoral Act.
Under the rules, any person who has received a direction from the Supervisor of Elections under Section 144A(2) of the Act may apply for a review.
While no statutory deadline is prescribed for lodging a review, the Commission notes that the Interpretation Act requires applications to be filed without unreasonable delay, meaning they should be submitted as soon as practicable after the Supervisor’s decision.
The rules also establish strict timeframes for the exchange of documents between the parties. The Commission must provide the Supervisor with a copy of the application within 12 hours, while the Supervisor must respond within 12 hours of receiving it.
Political parties or other relevant persons may also be invited to participate as third parties, with similar accelerated filing requirements applying to any responses.
Given the statutory requirement to issue a decision within 24 hours, the Commission said all notices and responses must generally be filed within 18 hours of the initial application.
The rules also provide for the withdrawal of a review application through a prescribed form, with the Commission required to notify all parties of its decision on the withdrawal within 12 hours.
Importantly, the Commission has ruled out oral hearings for these matters.
It says no in-person hearing will be conducted because of the legal requirement to deliver a decision within 24 hours, with reviews instead determined through the expedited written process.
The new rules supplement the Electoral Commission’s broader Adjudication Procedure Rules 2026, providing specific forms, procedures and timelines for appeals relating to directions issued by the Supervisor of Elections over the publication of false statements.
