Appointing an agent

This information is about appointing agents.

For more information, refer to Part 13A of the Electoral Act 1985 External link.

What is an agent?

An agent is a person appointed by a registered political party, candidate, group of candidates, or third party to manage their obligations under Part 13A.

An agent must be a natural person who has attained 18 years of age. A person is not eligible to be an agent if they have been convicted of a prescribed offence (section 130G(3)).

For information about what agents must do, visit our Obligations of an agent page.

Who needs an agent?

All registered political parties must appoint an agent. If a registered political party has endorsed:

  • a candidate, or
  • all members of a group,

then the party agent is also the agent of the candidate or group, as the case may be.

An unendorsed candidate, an unendorsed group, or a third party may appoint an agent.

If an unendorsed candidate does not appoint an agent, they are their own agent.

If an unendorsed group does not appoint an agent, then the candidate whose name appears first on the ballot papers is the agent for the group.

If a third party does not appoint an agent, and the third party is a natural person, then they are the agent. In any other case, each member of the executive committee is the agent.

How to appoint an agent

The agent must be appointed in writing. The appointment must include the name and address of the proposed agent and a signed form of consent and declaration by the proposed agent that they are eligible for appointment.

Candidates, groups and third parties are not permitted to change their agent after close of nominations. Your agent as at the close of nominations will be your agent for the duration of the election. Only registered political parties may change their agent after the close of nominations (section 130G(4)).

Please visit our Funding and disclosure forms page to download an Agent Appointment form.

Terminating an agent's appointment

Revoking an appointment

A registered political party may only revoke an agent's appointment if they also give a notice of appointment of another agent.

An unendorsed candidate, unendorsed group or third party may revoke an agent's appointment by giving the Electoral Commissioner notice in writing.

Resignation

An agent may resign from their appointment as an agent by giving the Electoral Commissioner notice in writing. The appointing person or body must, without delay, advise the Electoral Commissioner in writing of an agent’s resignation. In the case of a registered political party, they must also provide a notice of appointment of another agent.

Termination due to conviction of offence

An agent's appointment is terminated if, subject to the appeal process, the agent is convicted of a prescribed offence. If the person is the agent of a registered political party, the party must give notice to the Electoral Commissioner of the replacement agent within 28 days of the conviction, or within 28 days of the appeal being determined.

Death

If an agent dies then the appointing person or body must advise the Electoral Commissioner in writing without delay.

In the case of a registered political party, they must provide a notice of the death and appoint another agent within 28 days of the agent’s death.

For more information, see section 130I. Forms to give notice of revocation of an agent appointment, or the resignation, conviction or death of an agent can be obtained from the Electoral Commission.