Board of Inquiry into Postal Voting at the City of Richmond Counciller's Elections

Full description

The Board of Inquiry was established by Order-in-Council on 21 July 1981, to inquire into and report on the use of postal voting at the City of Richmond councillors' elections. Alastair Bothwick Nicholson Q.C. was appointed to be the Board.

The original Terms of Reference were set out on 21 July 1981 and published in the Government Gazette on 22 July 1981. The Terms of Reference for the Inquiry were:

a) the voting at and the conduct of the annual 1980 elections for councillors for the City of Richmond and in connection with the voting at and the conduct of the election of a councillor for the City of Richmond held on 4 April 1981 and, in particular, and without limiting the generality of the foregoing, to inquire into and report on-

(i) the printing of postal ballot papers used in the said elections

(ii) the provisions for the safe keeping of postal ballot papers before issue in connection with the said elections

(iii) the making of applications for and the witnessing of applications for postal ballot papers for the said elections

(iv) the issuing of postal ballot papers for the said elections

(v) the arrangements made for the security of postal votes received in connection with the said elections

(vi) the arrangements made for the security of the postal votes ballot box during the conduct of the said elections

(vii) the manner in which the retuning officer for each of the said elections discharged his responsibilities and obligations in relation to postal voting as retuning officer

(viii) the manner in which postal votes cast in the said elections were counted and recorded

(ix) whether any of the envelopes in which postal votes were cast in the said elections were tampered with after being received by the returning officer for the said elections

(x) whether any of the postal votes cast in the said elections were altered or otherwise tampered with after being received by the returning officer for the said elections

(xi) whether there is evidence that would be admissible in a Court of law that any and what person or persons has been guilty of a breach of the provisions of the Local Government Act and the regulations made thereunder with respect to the conduct of the said elections including the voting thereat

(xii) whether in the conduct of future elections for councillors of the City of Richmond there should be any alteration to the administrative arrangements concerning the conduct thereof

(xiii) whether any irregularities concerning postal ballots or other voting in the said elections could have affected the result of the said elections; and

(xiv) whether any and what amendments should be made to the provisions of the local Government Act 1958 or the regulations made thereunder that concern the conduct of postal voting in municipal elections

The report for this Inquiry was to be completed by Alastair Bothwick Nicholson Q.C. by 30 November 1981.

Additional Terms of Reference for this Inquiry were set out in the second Order-in-Council on 1 September 1981 and published in the Government Gazette on 2 September 1981. The additional Terms of Reference were

(b) any lawful incidents that occurred in the City of Richmond in the period 1 August 1981 to 8 August 1981 inclusive which were related to the elections for councillors for the City of Richmond conducted on 8 August 1981 and, in particular, and without limiting the generality of the foregoing, to inquire into and report on -

(i) whether any person committed any criminal offence

(ii) the purpose for which the said person or persons committed such offence or offences

(iii) whether any person or persons arranged or co-ordinated the said incidents

(iv) the purpose for which the said person or persons arranged or co-ordinated the said incidents; and

(v) whether there is evidence admissible in a Court of Law sufficient to place any person on trial for any offence.


There were four subsequent Orders-in-Council for this Board of Inquiry, three of these Orders extended the date of delivery of the final report and one Order authorised the increase in expenditure for the Board of Inquiry.

An interim report of the Board of Inquiry was tabled in Parliament on 15 December 1981. The interim report was published in Papers Presented to Parliament: Session 1981-1982, Vol 9, No. 9. The report stated that the annual elections held in 1980 and the by-elections held in April 1981 demonstrated serious electoral frauds. It was concluded that a number of ALP (Australian Labor Party) councillors might not have been elected had the poll been conducted honestly.

The final report of the Board of Inquiry (also referred to as the Nicholson Report) was presented to the Governor on the 28 June 1982 and tabled in Parliament on 29 June 1982. The final report was published in Papers Presented to Parliament: Session 1981-82, Vol 22, No. 36 and Papers Presented to Parliament: Session 1981-82, Vol 23, No. 36. As a result of this report, the Governor proposed a Bill to authorize the establishment of a Commission to administer the City of Richmond, dismiss the Council of the City of Richmond from Office and to provide for the restoration of an Elected Council and for other purposes. This Bill was assented as the Local Government (City of Richmond) Act 1982, on July 6 1982.

The Board of Inquiry's report also lead to the introduction of freedom of information legislation, by the newly elected Labor Government in 1982. Previously matters pertaining to local government were exempt from the provisions of the Local Government Act 1958.

The Board of Inquiry's report suggested a number of amendments to the Local Government Act which were aimed at improving the conduct of council elections. The Local Government Act 1989 incorporated the suggested amendments of the Nicholson report which included; council and committee meetings to be held in public, creation of municipal electoral tribunals and penalties of six months to two years imprisonment; six months imprisonment for multiple voting and up to two years imprisonment for returning officers tampering with or fraudulently altering voting materials.