The Local Government Inspectorate wishes to remind real estate agencies that while they are employed to manage properties for their owners, property owners cannot authorise agents to vote for them under Victorian electoral laws.
This means that if you are managing a rental property for the owner of that property, you are not authorised to vote on their behalf.
Doing so is a breach of the Local Government Act 2020 (the Act), and you could be penalised.
The Inspectorate has previously investigated allegations of improper submissions of ballot papers.
Application of the Local Government Act 2020 - electoral offence
Under the Act, it is an offence to:
vote in the name of another person
vote more than once
interfere with material being sent to a voter by the Victorian Electoral Commission (VEC) at an election
Applicable sections of the Act:
sections 293(1), 294(1)(a) and (b), 296(1)(c), 299(1), and 201(1)
Local Government (Electoral) Regulations 2020 (Regulations): regulations 61, 62 and 57.
What to do if you receive a ballot paper on behalf of a property owner
If an agent receives a ballot paper on behalf of a property owner for the 2024 local government elections, they should contact the relevant Election Manager for their council. This information can be found on the VEC website.
Frequently Asked Questions
I manage a property, and the landowner is permanently based overseas. Can I vote on their behalf?
No. You are not authorised to vote on their behalf. Under the Act, it is an offence to vote in the name of another person, and you could be penalised.
I manage a property for a person who does not understand local government election requirements – can I vote on their behalf?
No. You are not authorised to vote on their behalf. Under the Act, it is an offence to vote in the name of another person, and you could be penalised.
One of my clients has verbally given consent for me to vote on their behalf. How do I do this?
Under Victorian electoral laws, property owners cannot authorise agents to vote for them. This includes verbal and/or written instructions. Voting on behalf of another person is a breach of the Act, and you could be penalised.
Is my client required to vote even if they live overseas on a permanent basis?
Landowners based overseas are only required to vote if they have applied to enrol on the electoral roll. If they have not applied to be on the electoral roll, they are not required to vote.
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