AJ 025 Lecture Notes - Lecture 21: William Gummow, Electoral Fraud, Commonwealth Electoral Act 1918

• School: College of The Sequoias
• Department: Administration of Justice (AJ)
• Course: AJ 025
• Professor: shirk

Document Summary

7 and 24 as well but arose after freedom of political communication. While ifopc applies at federal and state level, implied right to vote has only come up in relation to federal elections, so unclear if it applies at state level. Prior to 2006, electoral act disqualified prisoners serving a sentence of 3+ years from voting while in prison. Amendment to commonwealth electoral act extended suspension to all prisoners serving custodial sentences for any offence. Roach was serving a 6 year sentence at the time and challenged both the 2006 amendment and the earlier disqualification. Argued cth couldn"t disenfranchise prisoners because there was an implied right to vote in constitution. Purpose: cleeson cj: there must be a substantial reason. Gummow, kirby, crennan jj: purpose of the law must be consistent or compatable with maintenance of the constitutionally prescribed system of representative government.