The Secretary, Department of Home Affairs, asks for advice on the question raised in the following telegram received by the Chief Electoral Officer from the Commonwealth Electoral Officer, Sydney:

Returning Officer Werriwa Division desires advice as to whether he may accept for further scrutiny absent voters' ballot-papers from electors whose names he is satisfied have been struck out of Registrars' official rolls and consequently out of certified lists voters erroneously and without proper legal authority. Facts are as follow Registrar Burrowa Subdivision has struck out two names allegedly by direction of Divisional Returning Officer but cannot produce direction. Returning Officer satisfied no direction issued. Claim cards still in index. Registrar Camden Subdivision has struck out one name on ground that elector not now living in Division but no objection lodged and consequently no direction issued by Returning Officer.

I understand that the alterations were made before the issue of the writs. Notwithstanding that the striking out of the names was apparently irregular and unauthorised, in my opinion there is no power on the scrutiny to go behind the official roll.

If the matter came before the Court of Disputed Returns on a petition, the Court would have to deal with it on the assumption that the roll is correct, and would have no power to inquire into the correctness of the roll (Electoral Act, section 198).

I do not think that the Returning Officer at the scrutiny should give a decision which would have to be reversed if it came before the Court of Disputed Returns.

[Vol. 13, p. 63]