Terms of Reference

The Government believes that Parliament should be responsive to the people and the issues they want debated. Accordingly, it wishes to investigate the potential for a recall procedure to allow early State elections based on a petition by voters (Recall Elections).

For these purposes, the panel of constitutional experts is to consider and report to the Premier by 30 September 2011 on the following issues in relation to Recall Elections:

  1. Whether or not it is desirable to amend the Constitution Act 1902 to permit Recall Elections, in particular, having considered:
    1. international practices, including in Canada and the United States of America, and their applicability to a Westminster system;
    2. their compatibility with democratic principles;
    3. the potential of any proposed changes to improve the accountability, integrity and quality of government; and
    4. any risks or negative consequences for the accountability, integrity and quality of government.
  2. If Recall Elections were to be permitted, the relevant requirements or mechanisms, including:
    1. the reasons or grounds (if any) for a petition by voters for a Recall Election;
    2. the appropriate percentage of voters who would need to petition and the time frame for collecting signatures;
    3. processes for verifying and auditing signatures against eligible voters;
    4. the time limits (if any) that should be imposed before a Government is subject to a petition; and
    5. appropriate funding arrangements for the process.
  3. If Recall Elections were to be permitted, the best ways for constitutional reform to take place in NSW, including:
    1. mechanisms for canvassing the level of community support for any proposed constitutional changes; and
    2. potential referendum questions.
  4. Any other matters relevant to Recall Elections.