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Intro

Part 1 — Introduction

The owners and occupiers register (register), is maintained by a local government’s Chief Executive Officer (CEO). The register is required to include all people who have claimed a right to vote in the local government district under section 4.30 of the Local Government Act 1995 (LG Act), whether the claim is accepted or rejected. Section 4.30 provides (excerpt only):

A person is eligible to be enrolled to vote at elections for a district or ward (the electorate) if the person — 

  1. is enrolled as an elector for the Legislative Assembly or the House of Representatives in respect of a residence outside the electorate; and 
  2. owns or occupies rateable property within the electorate; and 
  3. as made a successful eligibility claim that still has effect under section 4.33. 

As such, a person who is enrolled to vote in a State or Federal election outside a district or ward, but who owns or occupies a rateable property in a local government district or ward, may claim eligibility and be enrolled to vote in elections for that district or ward. However, there are additional requirements to be considered when assessing an enrolment claim, including requirements under the Local Government (Elections) Regulations 1997 (Election Regulations).

These guidelines aim to help  local governments understand the various requirements in the LG Act and Election Regulations for enrolment eligibility claims.

When using these guidelines, local governments should be aware of section 4.32(5) of the LG Act that enables the CEO to make any inquiries needed to make a decision on a claim. As such, a CEO must ensure they are satisfied that a claimant has a genuine claim based upon the evidence provided.

They should also be aware that all references to a CEO in these guidelines include a delegate if the relevant power or duty has been delegated by the CEO to that person under section 5.44 (CEO may delegate powers) of the LG Act.

It is important to note that this document does not constitute legal advice and has been prepared to assist CEOs in the performance of their duties. Accordingly, if in doubt, local governments may seek legal advice and should always refer to the relevant provisions of the LG Act and Election Regulations.

These guidelines includes requirements of the LG Act and the Election Regulations following the commencement of relevant provisions in the Local Government Amendment Act 2023, Local Government Amendment Act 2024 and the making of the Local Government Regulations Amendment Regulations (No.3) 2023 and Local Government Regulations Amendment Regulations (No.2) 2025. 

Part 2 — Types of claims

2.1. Introduction

Section 4.30 of the LG Act allows 2 types of claims — a claim of ownership or a claim of occupation. This is supplemented by section 4.31 of the LG Act which covers various ownership or occupation scenarios; including where more than 2 people (including body corporates) own or occupy the property.

Eligibility to vote as an owner or occupier, relies generally on 3 things:

  1. the claimant or their nominee being eligible to vote in a State or Federal election
  2. the claimant being the owner or occupier of the property, as per the definitions and requirements in the LG Act and Elections Regulations
  3. the property that a claim is made against is rateable.

Electors can make enrolment eligibility claims by using the forms enclosed in these guidelines, which have been approved by DLGSC's Director General to be the forms for enrolment eligibility claims and nominations. These can be found at appendix 1. Section 74 of the Interpretation Act 1984 provides that deviations from the form which do not materially affect its substance or are likely to mislead a person a

These guidelines address potential situations that could arise when assessing enrolment eligibility claims. These are (see section 2.5 for details):

  • 1 or 2 owners/occupiers who are natural persons (living human beings)
  • more than 2 owners/occupiers who are natural persons
  • 1 body corporate owner/occupier
  • 2 or more body corporate owners/occupiers
  • a body corporate owner/occupier and a natural person owner/occupier
  • a group of body corporates and natural people owning or occupying a property

2.2. Ownership

Claims of ownership are generally straightforward although they do not necessarily always reflect what is shown on the certificate of title for the relevant property. This is because the definition of 'owner' in the LG Act applies.

When determining eligibility, the term 'owner' means1:

  • the holder of an estate of freehold land
  • the holder of an interest via contract with the Crown (State)
  • the holder of the right to acquire or purchase in fee simple
  • a crown lease holder (or tenant) which the terms of the lease provides they are required to pay rates
  • a trustee, executor, administrator, attorney, or agent of a holder
  • the holder of a licensee to take profit of Crown land
  • the holder of certain tenements under the Mining Act 1978 and the Petroleum and Geothermal Energy Resources Act 1967.

Disputes about the ownership of a property should primarily rely on what is registered on the certificate of title, subject to any lease, contract or other legal instrument that otherwise evidences the person has an applicable interest in the land.

2.3. Occupation

The LG Act and the Election Regulations impose a series of requirements and tests necessary to determine occupier claims. To make a claim of occupation, the claimant must have and be able to evidence a written lease, tenancy agreement or other legal instrument, such as a licence to occupy to evidence a claim of a right of occupation to rateable property. They must have held a right of occupation for 12 months ending on the day before the claim is made and have a right of occupation for a period of three months beginning on day on which the claim is made.

The date of a claim is the date the claim is received by the local government (not the date the claim declaration form was signed by the claimant). The date a claim is received must be accurately recorded to enable proper and accurate processing of the claim.

The Election Regulations set out a series of requirements for a person to be enrolled as an occupier including that they must:

  • have quiet enjoyment (exclusive occupation) of their occupied property
  • be able to secure their occupied property from intruders
  • genuinely operate or intend to operate their business from that property
  • lease at least 10m2 of property, subject to a series of exclusions
  • pay a minimum amount of rent for the property.

CEO’s are responsible for ensuring that owner and occupier claimants have an actual entitlement to be enrolled, as elector eligibility underpins free and fair elections.

In some circumstances many occupiers inhabit a rateable property. For example, large office towers are occupied by many different companies and organisations, this may mean that a single office tower may result in claim from each occupying entity. Similarly apartment buildings contain multiple residences.   

The nature of the right to enrol as an occupier may be further complicated by the process of sub leasing, and chains of subleases. 

The eligibility requirements for occupation are covered further in Part 3 of these guidelines. To further assist local governments, an occupation claim assessment checklist is included at appendix 2 of these guidelines which may be adapted to suit your local government (see Appendix 2, of the PDF version of this guide).

2.4. Co-ownership and co-occupation

The LG Act provides for up to two people that own a property to each claim eligibility . However, a property may alternatively be co-owned or co-occupied by a group of people. Section 4.31(1E) and (1F) of the LG Act states that:

(1E) If more than 2 people own rateable property in conjunction with each other, the owners are whichever 2 of those people who, being eligible under section 4.30(1)(a), are nominated as owners by all or a majority of those people.

(1F) If more than 2 people occupy rateable property in conjunction with each other, the occupiers are whichever 2 of those people who, being eligible under section 4.30(1)(a), are nominated as occupiers by all or a majority of those people.

It is also possible for more than one body corporate, or a combination of bodies corporate or natural people to co-own or co-occupy a property, and claims of this nature are occasionally made.

Co-ownership refers to more than two natural persons or more than one body corporate (or a combination of both) registered as the owner on the Certificate of Title or are otherwise owners in accordance with the definition in section 1.4 of the Act. 

Co-occupation refers to more than two natural persons or more than one body corporate (or a combination of both) listed as lessee on the lease. 

Regardless of the number of co-owners or co-occupier, no more than two people can be nominated. The table below outlines nomination arrangements in  specified situations:

Table 1 — Nominees permitted based upon ownership/occupation situation

Ownership/occupation situationTotal number of electors permitted
1 body corporate owner or occupier2 people nominated by the body corporate refer to section 2.5.
2 or more body corporate owners or occupiers2 people nominated with support of the majority of owners/occupiers
1 body corporate and 1 natural person2 people nominated with support of the majority of owners/occupiers
1 body corporate and 2 natural persons2 people nominated with support of the majority of owners/occupiers
2 bodies corporate and 1 natural person2 people nominated with support of the majority of owners/occupiers
2 or more bodies corporate and 2 or more natural persons2 people nominated with support of the majority of owners/occupiers
This means for example where a property is owned by a body corporate and a natural person, the body corporate needs to nominate its two nominees, then those two nominees, and the natural person may nominate two of the three to vote on behalf of the co-owners. For this purpose, the forms 2, 2B and 2C (Appendix 1) would need to be completed. 

To make this clear, sections 4.31(1GB) – (1GE) and examples at the end of section 4.31 were inserted by the Local Government Amendment Act 2024.  

2.5. Body corporate nominees

In relation to the ownership or occupation of properties by companies and associations, from 1 February 2025, section 4.31(1G) and (1GA) of the LG Act provides that: 

“(1G) If a body corporate owns or occupies rateable property, the owners or occupiers are 2 people each of whom — 

  1. is an officer or employee of the body corporate; and  
  2. is eligible under section 4.30(1)(a); and  
  3. is nominated as an owner or occupier by the body corporate. 

(1GA) In subsection (1G)(a) —   

officer, in relation to a body corporate, means any of the following —   

  1. a director of the body corporate or other member of its governing body; 
  2. the chief executive officer, or equivalent, of the body corporate;  
  3. the secretary, or equivalent, of the body corporate. 
This allows a body corporate to appoint two of its officers or employees (nominees) to vote, or where there is a co-ownership or co-occupation of the property with others, to nominate electors to vote on its behalf.  

Nominations made prior to 1 February 2025 remain valid until the prescribed expiry date (meaning those already enrolled electors are not required to be officers or employees of their body corporate to remain enrolled). Any future eligibility claim nomination must be for an officer or employee of the body corporate.  

The following are examples of a body corporate:  

Table 2 — Examples of what is a body corporate 

Body corporateIncorporating legislation and registration authority
A corporation (for example Pty, Pty Ltd, Ltd).Corporations Act 2001 (Cth)
Australian Securities and Investments Commission
An incorporated association (for example Inc.)Associations Incorporation Act 2015 (WA) (Associations Act)
The Department of Mines, Industry Regulation and Safety 
A strata companyStrata Titles Act 1985 (WA)
Landgate
A union of employees or employersIndustrial Relations Act 1984 (WA)
The Western Australian Industrial Relations Commission
There are some common misconceptions associated with owner or occupier body corporates, as those concepts are tied to the legal status of the entity involved and not how a business is generally operated in practice. The examples below set out common claimants which are not “body corporates” for the purposes of the LG Act, although the claimant may still be eligible to enrol to vote in a different capacity. 

Table 3 – Examples of what is not a body corporate for the purposes of the LG Act 
Not a body corporateReasonWho has the claim
An unincorporated partnership (for example law or accounting firm)A partnership is an agreement between individuals, not a separate corporate entity.The partners if they hold the lease or ownership as a group of individuals and utilise co-ownership/occupation provisions for individuals to nominate 2 of the partners as owner or occupier.
A trustA trust is a legal relationship between a trustee or trustees who holds assets on behalf of a beneficiary or beneficiaries. A trustee of a trust may be either an individual or a body corporate, or a group or combination of individuals and body corporates.The trustee if they own or have a right to occupy (lease) the property on behalf of the beneficiaries.
A club or societyUnless incorporated under another law (for example, the Associations Act), a club or society is an 'unincorporated association' and as such, is not a separate legal entity.The owner or occupier listed on the title or lease.
A business nameBusiness names are not legal entities, but rather are held by an underlying entity, either an individual/s or body corporate.The owner or occupier listed on the title or the lease.

Where in doubt as to if a nominating body corporate is indeed a body corporate it may be prudent to seek legal advice.

2.6. Continuous enrolment of persons enrolled under Local Government Act 1960

Clause 12 of Schedule 9.3 to the LG Act provided for the continuous enrolment of persons who were enrolled under the Local Government Act 1960 (1960 Act) which did not necessarily require a person to hold Australian citizenship to be enrolled to vote. Section 35 of the 1960 Act allowed for natural born or naturalized British subjects ordinarily residing in the state to vote.  

Clause 12 of Schedule 9.3 was repealed by the Local Government Amendment Act 2024, persons who are enrolled relying on this provision can remain enrolled until their enrolment would have otherwise ended, however no new or renewed enrolments may be made relying on this provision. 

Part 3 — Eligibility requirements and checks

3.1. Introduction

The CEO decision on an enrolment eligibility claim must be based on suitable evidence provided or gathered to confirm the person is eligible for enrolment. The checklist below provides guidance on what should be evidenced for each enrolment claim: 

Table 4 —  Checks to be conducted against claims

CategoryChecks
Owner
  1. Is the claimant enrolled to vote for state or federal elections outside of the district/ward?  
  2. Is the property claimed rateable? 
  3. Is the claimant the owner as shown on the Certificate of Title for the property in accordance with official Landgate record of title search? 
  4. Is the person already enrolled in the same ward or district if there are no wards?  
Co-owner
  1. Is the claimant enrolled to vote for state or federal elections outside of the district/ward?  
  2. Is the property claimed rateable? 
  3. Is the claimant one of the owners as shown on the Certificate of Title for the property in accordance with official Landgate record of title search? 
  4. Does the claimant have the support of a majority of owners? 
  5. Is the claimant already enrolled in the same ward or district if there are no wards?  
Body corporate owner
  1. Is the nominee enrolled to vote for state or federal elections outside of the district/ward?  
  2. Is the property claimed rateable? 
  3. Is the body corporate the owner? 
  4. Is the body corporate legally a body corporate? 
  5. Is the nominee an officer or employee of the body corporate 
  6. Is the nominee already enrolled in the same ward or district if there are no wards? 
Occupier 
  1. Is the claimant enrolled to vote for state or federal elections outside of the district/ward?  
  2. Is the property (or portion) claimed rateable? 
  3. Does the claimant have a right of occupation under a written legal instrument with the owner that meets the requirements of the LG Act? 
  4. Is the leased property a residence? 
  5. Do the claimant leases give them quiet enjoyment (exclusive occupation) over at least 10m2 of eligible space? 
  6. Is the claimant able to secure their occupied property from intruders? 
  7. Does the claimant pay the minimum amount of rent prescribed for that district? 
  8. Is the claimant already enrolled in the same ward or district if there are no wards?  
Co-occupier 
  1. Is the claimant enrolled to vote for State or Federal elections outside of the district/ward?
  2. Is the property (or portion) claimed rateable?
  3. Does the claimant have a right of occupation under a written legal instrument with the owner that meets the requirements of the LG Act?
  4. Does the claimant have the support of the majority of occupiers?
  5. Is the person already enrolled in the same ward or district if there are no wards? 
Body corporate occupier 
  1. Is the nominee enrolled to vote for state or federal elections outside of the district/ward?  
  2. Is the property (or portion) claimed rateable? 
  3. Does the body corporate have a right of occupation under a written legal instrument with the owner that meets the requirements of the LG Act? 
  4. Is the body corporate legally a body corporate? 
  5. Is the nominee an officer or employee of the body corporate? 
  6. Is the nominee already enrolled in the same ward or district if there are no wards?  

3.2. Verification of state or federal enrolment

The first step with all claims should be to verify that the claimant (or corporate nominee) is enrolled to vote for either:

  • the Legislative Assembly of Western Australia via the Western Australian Electoral Commission; or
  • the House of Representatives of the Commonwealth via the Australian Electoral Commission.

Checks can be conducted through either electoral commission websites through the “check my enrolment” feature, using information providing by the claimant in their eligibility claim form. If you are experiencing difficulties verifying a claimant, or the claimant indicates they are a silent elector, contact the Western Australia Electoral Commission via waec@waec.wa.gov.au  to verify enrolment. Silent elector status can only be claimed by a person if they are registered as a silent elector on the state or Commonwealth electoral rolls.  

It is important to verify that the claimant is not already enrolled to vote in the ward or district residents roll. A person cannot be enrolled as a resident and also on the owner and occupiers roll for a ward, as section 4.66 prescribes that an elector is not to vote more than once at the election. 

In rejecting claims on this basis, the following reasons as applicable, may be provided on the form that rejects the claim: 

Table 5 — Rejecting claim because of state or federal enrolment:

Applicant is currently on the residents roll for the ward. You are already enrolled to vote for [name of local government] elections as a resident in the [name of ward]. To be eligible for enrolment as an owner or occupier, section 4.30(1)(a) of the Local Government Act 1995 requires that you be enrolled for a state or federal election for a residence outside of the relevant ward. 
Applicant is not enrolled to vote for the Legislative Assembly or House of Representatives. You are not enrolled to vote for the Legislative Assembly of Western Australia or House of Representatives of the Commonwealth of Australia. To be eligible to be enrolled as an owner or occupier, section 4.30(1)(a) of the Local Government Act 1995 requires that you be enrolled for a state or federal election for a residence outside of the [name of local government]/[name of ward].

3.3. Verification of rateability and ownership

The second step is to verify the property specified in the claim is rateable.  

The Local Government’s rate record is used to verify rateability of the claimed property. Note, if a property is receiving a rates concession, it is still rateable. It is only if the LG Act or another written law provides an exception for that property from paying rates that it is unrateable.2  

The rate record is required to record the owner of each property (consistent with the LG Act s.1.4 definition of owner). If disputes arise regarding the ownership of land, a local government should rely on the Certificate of Title and any other contract or legal instrument that provides the person an interest in the land consistent with the Act’s definition of ‘owner’. 

Some claimants may be unaware of the local government boundaries making a claim to the wrong local government. For example, the location of the suburb of Mount Lawley includes the cities of Vincent, Bayswater and Stirling. 

If rejecting a claim due to these checks, following reasons as applicable, may be provided: 

Table 6 — Rejecting claim because of rateability and ownership 

Claimant has applied for property that is not rateable

The property you have claimed for eligibility to vote is not a rateable property.  

To be eligible to be enrolled, section 4.30(1)(b) of the Local Government Act 1995 requires that you (or the body corporate that nominates you) own or occupy rateable property in the [name of local government].  

Claimant has applied for property that is not in the local government district

The property that you have claimed for eligibility to vote is not within the [insert name of local government]. It is in the boundaries of the [insert name of local government].  

To be eligible to be enrolled, section 4.30(1)(b) of the Local Government Act 1995 requires that you (or the body corporate that nominates you) own or occupy rateable property within the [insert name of local government].  

Claimant is not the owner of the property. 

You (or the body corporate that has nominated you) do not own the property that you have claimed for eligibility to vote.  

To be eligible to be enrolled, section 4.30(1)(b) of the Local Government Act 1995 requires that you (or the body corporate that nominates you) own or occupy rateable property within the [insert name of local government]. 

3.4. Verification of body corporate status and nomination

Where a body corporate makes an enrolment eligibility claim, the CEO must be satisfied the body corporate exists and is an eligible body corporate. In doing so, the local government should verify that the body corporate has a current registration through the registration authority (for example, the Australian Securities & Investments Commission (ASIC) or the Department of Energy, Mines, Industry Regulation and Safety (DEMIRS)). This can be done online via the relevant websites.  

If a body corporate cannot be found online or is not current, the local government may wish to conduct an ABN lookup to establish the nature of the business to help determine if the entity is a relevant body corporate. 

The nomination by a body corporate (for example, a company) must be made by an officer of that body corporate, as defined in the Election Regulations. This means the nomination must be made by:
  • a director of the body corporate or equivalent, or
  • the CEO of the body corporate or equivalent, or
  • the secretary or equivalent of the body corporate.

For body corporates which are not companies under the Corporations Act 2001 (Cth) the local government will need to consider if the nominator is the equivalent of these positions for that body corporate. The nominator may also nominate themselves. 

For all claims made after 1 February 2025, the nominee of a body corporate must be an officer or employee of that body corporate. The nominator may also nominate themselves, but only if they are the only officer of the body corporate. 

The CEO may seek information from the claimant or the entity the corporate body is registered by (e.g. ASIC) to confirm the claimant is respectively an employee or an officer of the corporate body. 

Finally, check if the body corporate already has two nominees accepted and not expired in the owners and occupiers register. This is not a basis for rejection; however, the body corporate should confirm in writing its withdrawal of a previous nomination before the CEO can determine any claim for new nominees. 

In refusing claims due to a failure to satisfy this check, the following reasons should be provided: 

Table 6 – Rejecting claim because of body corporate registration and nomination  
Claimant’s body corporate is not registered. 

To be eligible to be enrolled as a nominee of a body corporate under section 4.31(1G) of the Local Government Act 1995. you must be nominated by a body corporate that owns or occupies property in the [insert name of local government]. 

Based on the evidence provided, the body corporate that has nominated you is not registered with [insert relevant authority] and is unable to nominate you to vote on its behalf.   

Claimant’s business is not a body corporate. 

The entity that has nominated you is not a body corporate as it is a [insert relevant details].  

e.g. A trust, which is a financial relationship between a trustee and beneficiary. A sole trader, which is a natural person with an Australian Business Number. A partnership, which is a legal relationship between two or more people. 

To be eligible to be enrolled as a nominee of a body corporate under section 4.31(1G) of the Local Government Act 1995, you must be nominated by a body corporate that owns or occupies property in the [local government district/ward].  

Claimant has failed to provide a nomination from the body corporate. 

You have not provided a nomination from the body corporate that owns/occupies the property at [insert address].  

To be eligible to be enrolled as a nominee of a body corporate under section 4.31(1G) of the Local Government Act 1995, you must be nominated by a body corporate that owns or occupies property in the [local government district/ward].  

Claimant has not been nominated by an officer of the body corporate. 

You have not provided a nomination signed by an officer of the body corporate. An officer of the body corporate must be a director, the CEO or company secretary or equivalent role. 

To be eligible to be enrolled as a nominee of a body corporate under section 4.31(1G) of the Local Government Act 1995, you must be nominated by a body corporate that owns or occupies property in the [local government district/ward].  

Claimant is not an officer or employee of the body corporate 

You are not an officer or employee of the body corporate which has nominated you.  

To be eligible to be enrolled as a nominee of a body corporate under section 4.31(1G) of the Local Government Act 1995, you must be an officer or employee of the body corporate which owns or occupies property in the [local government district/ward]. 

3.5. Verification of co-owner/co-occupier nomination

Where more than two persons (or bodies corporate) co-own or co-occupy a property, they may nominate two of the co-owners or co-occupiers to vote on their collective behalf. In doing so, they should provide a completed form 2B or other document that evidences compliance with the requirements of the regulations regarding this nomination requirement. 

Where a body corporate owns a property with other bodies corporate or natural persons, the nominees of the body corporate under 4.31(1G) are to be considered as being the owners and occupiers for the purposes of making the nominations for section 4.31(1E)&(1F).  

Occasionally, there may be applications to remove and replace nominees. Where this arises, the CEO should rely on the process in section 4.35(1)(c) of the LG Act to provide 28 days’ notice of removal. This is discussed further in Part 4. 

If a claimant cannot satisfy the majority nomination requirement, the following reason should be provided: 

Table 7 — Rejecting claim because of co-owner/co-occupier nomination 

Claimant has failed to provide a nomination from a majority of the joint owners or occupiers. 

o be eligible to be enrolled as a nominee of a group of more than two owners/occupiers* under section 4.31(1E)/(1F)* of the Local Government Act 1995, you must be nominated by a majority of the owners/occupiers*. 

You have not provided a nomination from a majority of the joint owners/occupiers* of the property.  

*Delete what is not relevant  

3.6. Verification of right of occupation

Unlike ownership of rateable property, which is often a clear outcome with only two voters for the owners of a property, there can be many occupation claims from a single property. Large commercial shopping centres or office buildings may give rise to multiple “separate and distinguishable portions” of a rateable property for which each occupier could claim eligibility for up to two electors.  

The CEO must establish the following to confirm that a genuine right of occupation that is sufficient to establish a right to be eligible as an elector under the LG Act.  

A claim must evidence the following:  

1. The claimant has a lease, tenancy agreement or other legal instrument to evidence a claim of a right of occupation to rateable property. 

Section 4.31(1C) of the LG Act states that a person can only be considered to have a right of occupation if the person has a right of continuous occupation under a lease, tenancy agreement or other legal instrument. A verbal arrangement does meet this test. At a minimum, a written agreement signed by the lessor and lessee setting out the terms of occupancy must be provided. 

2. The claimant is the lessee. 

To claim a right of occupation, the individual or body corporate claimant must be the person listed on the legal instrument. If they are not, a deed of novation or assignment may evidence they are the person with the right of occupation. If the legal instrument does not list the claimant as lessee, they are not the person holding the right of occupation. 

3. The lease is with the owner or former owner or tenant who had the right to sublet.  

It is also reasonable to expect that any legal agreement provided is between the owner of the rateable property and the occupier claimant. Further checks are required if an agreement is between persons who are not the owner and a claiming occupier. If the lessor  cannot evidence a legal instrument providing them with the power to lease the land, this may mean a valid right of occupation does not exist. 

Likewise, where the claimant is a sublessee, evidence should be obtained to confirm the head lease provides the lessor with the ability to sublease the property to the claimant.

4. The claim is not disqualified by the regulations made under section 4.31(1CA).  

Section 4.31(1CA) allows regulations to be made that provide that a person is not regarded as occupying rateable property unless they meet prescribed requirements. 

These prescribed requirements are set out in regulation 10A of the Election Regulations. In summary terms these are: 

a. The property or portion of the property is not a residence (r10A(2)(a)). 

A person who occupies a residence should be enrolled as a resident, not as an owner and occupier. This is also to prevent people seeking to rent out rooms of their residential property to obtain additional voting rights.  

Subregulation (3) provides that a property or portion thereof is a residence or includes a residence. 

Subregulation (4) additionally provides that a property is considered a residence if a person is enrolled on the residence roll for that property. 

A residence is a place in which a person can live. When determining if a property is a residence consideration may be given to: 

  • the property’s zoning and approved purpose 
  • the property’s use 
  • the structure and fit out of the building. 

b. The person has a right of quiet enjoyment to 10m2 of floor area which is not excluded floor area (r10(2)(b). 

There are two aspects of this requirement. The first is the right of quiet enjoyment. 

The right of quiet enjoyment is a term used in the leasing of property that conveys the right to a tenant to have occupancy of the property without unreasonable interference from their landlord or another tenant. This is intended to reflect that an enrolled occupier should have an exclusive right to their property. In general, a clause granting the lessee the right of quiet enjoyment is present in a lease. If this clause is not present, but ‘exclusive occupancy’ is granted this achieves the same intent. 

The second component is the 10m2 of floor area leased. Generally, a lease will specify the square meterage of area that has been let. If not, the CEO should seek information from the applicant regarding this. There are also a series of exclusions to what should count towards the square meterage requirement. These are:

ExclusionExamples
Outdoor space or any other space that is not wholly indoors  Vacant land, a beer garden or outdoor service area.
Room if the right to quiet enjoyment does not cover the whole of the room  Common areas shared between tenants or a hot desk in an open plan space.
Cupboard or closet Cleaning cupboards, wardrobes, closets.
Storeroom or storage unitThe cool storeroom in a restaurant or a storage unit for storing furniture.
Toilet or bathroomA water closet, shower or other bathing area.
Tool or garden shed A household garden shed.
Parking space or bayThe individual parking space or bay. If its an entire parking garage, they may have eligible space.
Crawl spaceThis may be vents or other maintenance areas, but does not include a working basement.
Roof cavityThe area between a ceiling and roof, but not an attic where that is a habitable space.
Billboard or hoardingAn advertising sign including digital advertising sign.
Net lettable areaStairs, toilets, cleaner cupboards, lift shafts, motor rooms, escalators, tea rooms, plant rooms, other service areas, lift lobbies, areas of public space or thoroughfares and facilities areas that are not for the exclusive use of the occupiers of the floor or building.

While this may appear to be a significant number of exclusions, these exclusions will only need assessment where the lease provided is for a very small area. If it is clear and obvious that there are more than 10m2 of valid floor area leased. It is generally anticipated most cafes, bars, retail shops and company offices would meet these requirements. As would many industrial and commercial complexes.  

Where this needs scrutiny is for the renting of a single office or for very small shops or food businesses. In this instance the local government may want to examine any plans provided in the lease or held in the local government’s property records, such as the approved building permit plans.

The property or portion of the property can be secured from intruders (r10(2)(c)). 

The requirement that the property can be secured from intruders is intended to ensure that occupier claims for properties are for places with ‘four walls, a roof and lockable door’. This reflects a basic expectation that occupiers on the owners and occupiers roll do have a secured premises.  

Specifically, this means that arrangements such as renting a desk would be unlikely to meet this requirement unless the desk was in a lockable office, which the person exclusively occupied, which was at least 10m2 overall and the minimum amount of rent was being paid. 

Subregulation (7) clarifies that any outdoor space or area to which the right of quiet enjoyment does not extend does not need to be secured against intruders. 

Evidence of this can be demonstrated through an examination of the floor plan, the building plans kept by the local government or photography evidencing the ability to secure the property. 

d. The relevant person is using the property to genuinely carry on their business (r10(2)(d)). 

This requirement captures the overall intent of the revised non-resident occupier franchise, that it is for people who carry on their business within the local government. The regulation captures both the current carry on of the business, or the intent to do so to capture where for example building fit out is underway to enable the imminent conduct of the business. 

This requirement is ultimately one of judgement for the local government where consideration may want to be given to the actual or permitted uses of the property under the lease and the law. 

While a local government may initially accept a claim believing the claim that the business is genuinely carried on the from property, where it becomes apparent that this is not occurring, the CEO is obligated under section 4.35 to decide if eligibility of the claim has ended.

Election Regulation 12D extends these requirements to also apply to the lease(s) which is relied upon to meet the requirement for 12 months tenure prior to the date of claim.

5. The claim is for a separate building or portion of a building or some other separate and distinguishable portion of the rateable property which meets the requirements of the regulations. 

Section 4.31(1D) of the LG Act provides that a reference to occupation includes a separate building or portion of a building or some other separate and distinguishable portion of the rateable property.  

This provides grounds to at least expect a lease of a separate space. As a result, the local government should examine the leased area to confirm it is for a space that could be reasonably distinguished from the rest of the rateable property, such as: 

  • a whole floor of an office tower 
  • an office with walls and a securable door 
  • a shop within a shopping centre 
  • a separate outbuilding. 

This requirement should be considered in conjunction with the Election Regulations regarding the requirements to occupy property. 

6. The claimant has had a lease in the district for 12 months prior to their claim and their existing lease has a term of at least three months at the date of the claim and the claimant is paying the minimum amount of rent prescribed on those leases. 

Section 4.32(3) of the LG Act requires a claimant to have: 

  • had a right of occupation for the 12 months ending on the day before the date of their claim 
  • paid the minimum amount of rent prescribed for those 12 months 
  • a right of occupation for the next 3 months beginning on the day on which the claim is made  
  • pay the minimum amount of rent prescribed for those 3 months (pro rata). 

This is intended to end the practice of short-term leasing arrangements to stand for election or vote. 

If the right of occupation is dated after the date of the claim or there is a break in the leases, the claim further information should be sought as to if the claimant meet the prescribed right of occupation requirements. 

A local government should also consider if the lease allows for termination without cause with less than three months’ notice, such as during a holding over period. Clauses of this nature may not provide sufficient security of tenure. 

The minimum amounts of rent are prescribed in Election Regulations 12C and are:   

DistrictAmount per m2Flat minimum
City of Perth $100 per m2 per annum$10,000 per annum
Other Perth Metropolitan Area and Mandurah$50 per m2 per annum$5000 per annum
Other local governments$10 per m2 per annum$1000 per annum

The minimum amount of rent to be paid is the lower of the two amounts. This means for example if a person rents 20m2 in the City of Perth, they need to be paying at least $2,000 per annum in rent following the formula:

Formula:  Total rent per annum / floor area = rate per m2

Example:  $2000 / 20m = $100 per m

Likewise, if the per metre squared rate is known, the formula would be:

Rate per m2 per annum x floor are = annual rent

The flat minimum rate has been set to reduce the burden of local governments to conduct these calculations. For example, if they are paying $12,000 per annum then no calculation would be needed.

The minimum rates of rent have been set as round numbers for the ease of local governments in calculating the minimum rent requirements. Regulation 12C also details what to do if the claim relates to multiple properties.

Subregulation (8) provides that minimum rental requirements do not apply to registered charities, recognising they often lease property at a ‘peppercorn’ rate.

In the event a claimant is unable to demonstrate these matters, the following reasons for refusal should be provided:

Table 8 — Rejecting claim because of right of occupation 

Claimant’s lease did not meet the requirements of the LG Act. 

The lease(s) and other materials you have provided:* 

  • were not with the owner of the property and evidence connecting this lease to the owner has not been provided. 
  • are not in your name/the name of the body corporate** that has nominated you and no deed of assignment has been provided.  
  • was for a property which is a residence. 
  • was not for a right of quiet enjoyment to at least 10m2 of property which meets the prescribed requirements. 
  • did not demonstrate that the leased property can be secured from intruders. 
  • did not demonstrate a right of occupation for the 12 months prior to the date the enrolment eligibility claim was made. 
  • did not demonstrate that the property is being used for the genuine carry out of your/the body corporate’s business or the intention to carry on that business from the property. 
  • has a term of less than three months, as at the date the enrolment eligibility claim was made. 
  • did not demonstrate that you have paid the minimum amount of rent prescribed 
  • does not set out occupation of a separate building, a portion of a building of the rateable property or some other separate and distinguishable portion of the rateable property. 
Based on the evidence provided **you/the body corporate that has nominated you do/does not have a right of occupation to rateable property which meets the prescribed requirements for the 12 months prior to your claim and for at least three months subsequent to your claim, under a lease, tenancy agreement or other legal instrument** in the [name of local government].  

This is required by sections 4.30(1)(b), 4.31(1C) and 4.31(1D) of the Local Government Act 1995 and regulations 10A, 12C and 12D of the Local Government (Elections) Regulations 1997. 

*Delete whatever reasons are not required 

**Delete what is not required 
Claimant did not provide a lease, tenancy agreement or other legal agreement. 

Select either:

  • You have not provided a lease, tenancy agreement or other legal instrument to evidence your claim of a right of occupation of rateable property in the [insert name of local government]. 
  • You have provided [insert what was provided] which is not considered to be a lease, tenancy agreement or other legal instrument.  

Based on the evidence provided, **you/the body corporate that has nominated you do/does not have a right of occupation of a separate or distinguishable portion of rateable property, under a lease, tenancy agreement or other legal instrument** for at least three months, in the [insert name of local government]. 

This is required by sections 4.30(1)(b), 4.31(1C), 4.31(1D) and 4.32(2) of the Local Government Act 1995 and regulation 12B of the Local Government (Elections) Regulations 1997. 

**Delete what is not required

3.7. Already enrolled or already nominated

Some local governments have historically rejected enrolments because a person is already on the owners and occupiers register or is already nominated for a different body corporate. It does not appear that these represent a valid basis for rejecting enrolment. If this occurs, a local government should update the enrolment of the claimant or nominee to the most recent enrolment.  

A person can be the nominee of several bodies’ corporate; however, that person can only receive one vote for the district or in the case of a local government having wards, a ward, as per section 4.66 of the LG Act.

Part 4 — Removal from the register

4.1 Introduction

Sections 4.33, 4.35 and 4.43 of the LG Act provide the ways a person is to be removed from the register of non-resident owners and occupiers. As part of their maintenance of the register, local governments should ensure they appropriately maintain their register, from which the electoral roll is drawn, follow the correct processes, and only remove those persons who they have the power to remove. The processes provide certain avenues for a CEO to remove someone without a need to seek submissions for 28 days; however, the submission process may need to be adhered to in some cases. 

4.2 Removal without notice

4.2.1. Removal of owner — sale of property

Section 4.33(1) of the LG Act provides that a person’s enrolment expires when they are enrolled based on their ownership of rateable property and their property is sold. Local governments regularly receive details of land sales, consistent with section 9.68 of the LG Act.  

CEOs are responsible for ensuring that where advice of change of ownership is received, the owners and occupiers register is checked to ensure that the owner’s claim is recorded as expired because of the sale / transfer of ownership.  

If only one owner of a group of multiple owners changes, then: 

  • the nominees of the group of owners should be checked to confirm that each of the nominees is from a continuing owner and 
  • check if the change of ownership changes the majority required for the nominees under section 4.31(1E). 

If one person in a pair of owners changes, only the person that no longer has ownership should be removed.  

4.2.2. Removal of occupier — ceasing to occupy the property

Section 4.33 of the LG Act provides enrolments based upon occupation to expire when a person no longer occupies the property to which their claim relates. 

CEOs that become aware that a business has moved or closed may remove that person from the register. Local governments should however ensure they verify that the lease has ended. Just because a shop has closed does not mean the legal tenure over the property has concluded.

4.2.3. Removal of occupier – expiry of occupiers

Section 4.33 of the LG Act provides for the expiration of enrolments when a person is enrolled based on the occupation of rateable property. The table below outlines when claims expire based on when they were originally made.

Table 9 — Expiration of occupier claims

Date of claim Claim expiration
Between the last ordinary election day and the close of roll for the next ordinary election. The day six months following the second ordinary election day since the claim was made.
After the close of roll but before the ordinary election. The day six months following the third ordinary election day since the claim was made.

If accepted for enrolment, a claimant can always vote in two ordinary elections before expiry.

For example, for claims that expire based upon this time limitation, this means for claims made between the 2021 Ordinary Election Day and the close of roll for the 2023 Ordinary Election expire on 21 April 2026, being two ordinary elections and six months from 21 October 2023.

Section 4.33 of the LG Act also provides that where a council is suspended or dismissed and an ordinary election is skipped because of this, it is to be treated as though an ordinary election did take place for the purposes of this section.

If an extraordinary or other election will be held within 50 days of a person’s expiry day under this section, expiry is not to occur until the day after that extraordinary or other election day.

It is recommended that a local government review the status of claims recorded in the owners and occupiers register six months after an ordinary election to record as expired all occupier claims that are due to expire.

 

4.2.4. Removal of elector — elector requests removal

Section 4.35(1)(a) of the LG Act allows an elector to advise the CEO that they are no longer eligible to be enrolled. If this occurs, the CEO is required under s.4.35(7) to record the eligibility claim status in the owner and occupier register.

4.2.5. Removal of elector — elector has died

LG Act section 4.35(1)(b) the CEO to decide and update the status of an eligibility claim for a person who has passed away. A CEO may be notified of this when property ownership changes to the executor of an estate, by the family of the deceased person or by the Electoral Commission. Local governments can also check death notices, or Cemetery Board websites to proactively maintain the accuracy of claim details in the owner and occupier register.

4.2.6. Removal of elector — enrolled as resident

Section 4.43(1) of the LG Act requires the Returning Officer (RO) to delete the name of any person who is also on the residents roll from the owners and occupiers register and the owners and occupiers roll produced from the register for that ward (or if there are no wards, that district).

For elections where the CEO is not the RO, such as when an RO is appointed by the Electoral Commissioner, section 4.43(3a) of the LG Act permits the RO to direct the CEO to make the changes required by section 4.43(1).

In both cases, the CEO must:

  • remove the person that appears on the residents roll from the certified owners and occupiers roll prepared for that election, and
  • update the status of the claimant in the owners and occupiers register. 

4.3 Removal with notice

Section 4.35 of the LG Act provides a process where the CEO has reason to believe an elector is no longer eligible. This method is to be used when the change in the claimant eligibility cannot be undertaken in line with one of the five reasons set out in part 4.2 of these guidelines. Reasons why a CEO may consider a person’s claim to be no longer eligible may include:

  1. the occupier no longer occupying the property
  2. the body corporate nominating an elector being deregistered, wound up or liquidated
  3. the body corporate or group of owners/occupiers withdrawing the nomination of an elector
  4. the property used for the enrolment claim no longer being rateable.

In these instances, the CEO may give notice to the elector setting out the reasons they believe they are no longer eligible. The notice must be provided in Elections Regulations Form 6, setting out the reasons they believe the person is no longer eligible and detail the evidence they are relying on in forming their view. The CEO must also provide the claimant an Elections Regulations Form 7, to enable the claimant to appeal to the Electoral Commissioner if they choose.

The CEO must provide that elector 28 days to provide a submission in response. This submission may contest the CEO’s evidence or provide information that resolves the eligibility question. The elector may also appeal to the Electoral Commissioner. 

Specific note on withdrawal of nomination under regulation 11  

Regulation 11 of the Election Regulations allows a body corporate or group of co-owner/co-occupiers to withdraw their nomination of an elector. While there is no express requirement to provide notice to the elector prior to withdrawal of the nomination, the CEO may wish to consider doing so. This is due to there being instances where nomination withdrawals have been contested because of business or family disputes.

For consistency with section 4.35(2) of the LG Act, and to prevent arbitrary withdrawals, the CEO may provide Form 6, and a 28 days’ notice period, even though not required to do so.

There is a chance that when providing 28 days’ notice, issues could arise for new nominees if their application is lodged less than 28 days before the CEO must compile the roll for an election. In these instances, a CEO could choose to provide a shorter notice period, or a body corporate could seek to have their existing electors write to the CEO to advise they are no longer nominated by the company for the purposes of section 4.35(1)(a), allowing for their instant removal.

Part 5 — Glossary of provisions

The following are other relevant provisions of the LG Act and Election Regs to keep in mind in managing the register and roll.

Section 4.34

This section obliges the CEO of a local government to maintain up-to-date records of electors on the register.

Section 4.41

This section provides the deadline for the CEO to prepare and certify the electoral roll produced from the owners and occupiers register by the 36th day before election day, being 14 days after the close of roll under section 4.39.

Section 4.44

This section reinforces the one vote per person principle. A person cannot appear on the roll for a ward more than once no matter how many properties they may own or occupy. However, if they own or occupy properties across several wards they may be enrolled in several wards, but only once per ward.

Regulation 10

This regulation deals with the nomination of a ward under section 4.31(1B)(a) where a property is located in more than one ward. It provides that the nomination of a ward is to be in a written notice signed by the person who makes it and remains in force until the claim expires or is rejected. It likewise provides the ability for a person to withdraw their nomination of a ward and nominate a different ward.

Regulation 11

This regulation sets out the requirements for nominations by groups of owners or occupiers and allows the DG  to approve  forms for this purpose.

Regulation 11A

This regulation sets out the requirements for nominations by a body corporate and allows the DG to approve forms for this purpose.

Regulation 11B

This regulation deals with how nominations cease to be effective, including by withdrawal and allows the DG to approve  forms for this purpose. 

Regulation 12

This regulation clarifies that an enrolment claim can rely on several parcels of rateable land.

Regulation 12A

This regulation sets out what an enrolment eligibility claim must contain and allows the DG to approve forms for this purpose.

Regulation 12B

This regulation requires a person claiming a right of occupation to present their lease as part of their claim. It additionally requires, if they are subletting to provide evidence that the head lessor consented to or did not need to consent to the lease. Finally, it also requires demonstration of the payment of rent if subject to a minimum payment requirement.

Regulation 13

This regulation clarifies the requirements for maintaining a register of owners and occupiers from which the owners and occupiers roll is produced. This regulation requires the register to be updated as soon practicable as decisions are made. It also permits the CEO to amend the register from time-to-time to maintain its accuracy.

Regulation 14

This regulation requires Form 5 to be provided with a rejected enrolment eligibility claim and Form 7 to be provided where the CEO provides written reasons for an elector’s removal under section 4.35(3).

Regulation 15

This regulation provides for appeals to the Electoral Commission to not specifically require the completion of the relevant form provided the appellant has set out all the relevant information and included a copy of the decision of the CEO with it.

Regulation 16

This regulation requires the CEO and local government employees to protect the confidentiality of the date of birth and contact number of claimants and use them solely for the purpose of preparing an electoral roll and only disclose them when otherwise permitted by law.

Regulation 17

This regulation requires a local government to retain copies of accepted and rejected enrolment eligibility claim forms for two years from their acceptance or rejection. Copies of the notice of acceptance must be retained until two years after the claim expires and notice of rejection from two years from the day of rejection.

Regulation 20

This regulation sets out what must be contained on the electoral roll of the local government, including in respect of non resident owners and occupiers on the roll. 

Form 3

This form is to be completed by the CEO to advise a person of their successful enrolment eligibility claim.

Form 4  

This form is to be completed by the CEO to advise a person of their unsuccessful enrolment eligibility claim. It must include the reasons for the CEO’s refusal of the claim. If the reasons are extensive or require detailed explanation, they can be attached to the form.

Form 5

This form is completed by a person who has had their enrolment eligibility claim refused to appeal the decision to the Electoral Commissioner. This form must be attached to the Form 4 where the CEO has refused a claim. Regulation 15 does not require the appealing person to use this form if they provide all relevant details to the Electoral Commissioner.

Form 6

This form is to be used by the CEO when exercising their power under section 4.35 to cancel a person’s enrolment after a 28-day submission period. This form must include the CEO’s reasons for cancelling that person’s enrolment.

Form 7

This form is completed by a person who has had their enrolment eligibility claim cancelled to appeal the decision to the Electoral Commissioner. This form must be attached to the Form 6 where the CEO has cancelled an enrolment eligibility claim. Regulation 15 does not require the appealing person to use this form if they provide all relevant details to the Electoral Commissioner

Footnotes

  1. LG Act s.1.4.

Forms

Page reviewed 20 January 2025