State elections

Any person enrolled as an elector for any District in New South Wales may nominate as a candidate for either the Legislative Assembly or the Legislative Council, unless disqualified for the reasons set out in the Constitution Act 1902. That is, if the person:

  • is a member of the other House;
  • holds or benefits from a contract with the public service, (with certain exceptions); or 
  • holds an office of profit under the Crown or has a pension from the Crown.

A person is also disqualified if they are a Member of the Commonwealth Parliament (Parliamentary Electorates and Elections Act 1912).

Public servants

The conditions under which New South Wales public servants may contest State elections are prescribed by section 102 of the Public Sector Employment and Management Act 2002. The Act provides that:

  • public sector employees nominated for election are to be granted a leave of absence until the day on which the result of the election is declared;
  • the leave of absence is without pay, unless the employee applies to use available leave entitlements; and
  • public sector employees standing for election are not required to resign until elected.

Conditions relating to Commonwealth public servants are governed by Commonwealth legislation and any Commonwealth public servant proposing to nominate is advised to consult their employer.

Any person who is in any doubt about their eligibility to nominate as a candidate or to be elected, should seek their own legal advice.