There is legislation that enables NONAustralian citizens to become 'voting citizens of their town, city, municipality' and it can be found in Part 15 – Council Elections, Division 2 – Electors of the Local Government Act 1993 (the Act).
To be able to vote in a local government election a person either needs to be enrolled to vote for the House of Assembly (State Government elections) (see section 254 of the Act below) or be on an electoral roll that is kept by the general manager [AKA CEO] of a council (see section 258 of the Act below). Corporations can also vote but is not covered in this response.
To answer the question, ("Can a NONcitizen of Australia be a voting citizen in Local Govt jurisdiction!?) a person can vote if they are an owner or occupier of property in that electoral area. Therefore, they do not need to live in the property they own to be able to vote.
Here are the relevant provisions:
254. Entitlement to be on list of electors and to vote in election
(1) A person is entitled to be enrolled on the electoral roll kept under section 258(7) in respect of an electoral area if the person is enrolled on the electoral roll for the House of Assembly in respect of an address within that electoral area.
(2) A person, other than a person referred to in subsection (1) , is entitled to be enrolled on the electoral roll kept under section 258(1) in respect of an electoral area if the person –
(a) is an owner or occupier of land in the electoral area; and
(b) is over the age of 18; and
(c) is not serving a term of imprisonment; and
(d) is not subject to an assessment order or treatment order under the Mental Health Act 2013 or an order under the Guardianship and Administration Act 1995 .
(3) A person is entitled to be enrolled on the electoral roll kept under section 258(1) in respect of an electoral area if a nomination of the person to vote in respect of the electoral area on behalf of a corporate body has effect under section 255 .
(4) A person is entitled to vote in an election in respect of an electoral area if the person –
(a) is on a list of electors kept under section 261(2) in respect of the electoral area; and
(b) is, or will be, 18 years old or more before the closing day for the election.
(5) A person is entitled to vote in an election in respect of an electoral area if the person is on a list of electors kept under section 261(1) in respect of the electoral area.
(6) A person is entitled to vote, on behalf of a corporate body, in an election in respect of an electoral area, if –
(a) a nomination of the person to vote in respect of the electoral area on behalf of the corporate body has effect under section 255 ; and
(b) the person is on a list of electors kept under section 261(1) in respect of the electoral area.
(7) A person who is a resident in one municipal area and is also an owner or occupier of land in one or more other municipal areas, is entitled to vote, in an election, in respect of each of those municipal areas in respect of which the person is on a list of electors kept under section 261(1) or (2) .
258. Electoral roll
(1) The general manager is to keep, in a manner determined by the Electoral Commissioner, an electoral roll in respect of each electoral area.
(2) An electoral roll kept under subsection (1) in respect of an electoral area by the general manager is to contain–
(i) who are entitled under section 254(2) to be enrolled on the electoral roll and who have lodged under section 257 an electoral enrolment form in respect of the electoral area; or
(ii) who are entitled under section 254(3) to be enrolled on the electoral roll; and
(b) the address or location of the land in respect of which the person is entitled to be enrolled on the electoral roll; and
(c) any other matter the Electoral Commissioner considers appropriate.
(3) The general manager is to make any alterations and additions to the electoral roll necessary to keep the roll accurate and up to date.
(4) The general manager may, either on application or at his or her discretion, delete or exclude a person's address from the electoral roll if satisfied that the safety of the person or the person's family, may be at risk.
(5) The general manager, by notice in writing, may require –
(a) a person to confirm in writing that the person is an occupier or owner of land in the municipal area; and
(b) a corporate body to confirm in writing that –
(i) the corporate body is an occupier or owner of land in the municipal area; and
(ii) the nominated person is still entitled to be nominated.
(6) If a person or corporate body has not complied with a requirement under subsection (5) within the period specified in the notice, the general manager must –
(a) delete the name and address of that person or person nominated to vote on behalf of that body from the electoral roll; and
(b) advise that person or body in an approved form.
(7) The Electoral Commissioner is to keep in respect of an electoral area an electoral roll of persons entitled to be enrolled on the electoral roll under section 254(1) .
The Government is reviewing electoral provisions as part of its commitment to deliver a new standalone local government electoral act. While consultation is now closed, you may be interested in reading the discussion paper which is available on the website of the Office of Local Government. Note it is not proposed that the legislation is amended to stop a person, who owns property but does not live in the area, from being able to vote.
The Government will be releasing a draft of the new electoral bill by the end of November 2025 for public consultation.
Office of Local Government
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