Cases and sections

Question 1

Section 7 + 24

Answer 1

States that parliament shall be directly chosen by the people to uphold the principle of a “representative government”.

Section 7 = The senate is chosen by the people

Section 24 = The house of representatives chosen by the people

Question 2

Roach v Electoral Commissioner 2007

Case study for section 7 and 24

Answer 2

2006 the Commonwealth Parliament passes the “Electoral and Referendum Amendment Act”
which banned ALL convicted and sentenced prisoners from voting in elections.
Vicki Lee Roach was serving a 6 year term of imprisonment
2004 prisoner’s who were serving terms longer than 3 years were banned from voting the 2006 act extended it too ANY prisoner with ANY sentence!
Roach challenged the constitutional validity of the acts.
Acts were inconsistent with each other.
2006 act was unconstitutional as section 7 and 24 of the constitution require that “parliament be directly chosen by the people”.
The parliament should only be able to restrict a persons right to vote if it is necessary (not of sane mind, treason or serious criminal crime)
Chief Justice Gleeson

Question 3

Significance of the Roach case

Answer 3

Upheld the fundamental requirements of a “representative democracy” that members of Commonwealth Parliament must be directly chosen by the people.
Found that the Commonwealth Parliament acted beyond their power by denying certain prisoners the right to vote.

Question 4

Section 109

Answer 4

If there is an inconsistency between state law and commonwealth law, the commonwealth law will prevail (win) and the state law to the extend of the inconsistency be invalid.

Question 5

John McBain Vs the State Of Victoria 2000

Case study for section 109

Answer 5

Victorian law stated that if you wanted access to IVF treatment you MUST be either…
*Living with
*Married to a man
You couldn’t get IVF treatment if you were a single women or in a same sex relationship.
Commonwealth law had
“Commonwealth Sex Discrimination Act 1984”
Stated that it is unlawful to refused service to someones based on their marital status.

Question 6

Significance of the John McBain case

Answer 6

High Court decided that the Victorian law was inconsistent with Commonwealth law and therefore the Victorian act is invalid to the point of its inconstancy.

Question 7

Protecting the Constitution

1999 Republic referendum

Answer 7

Early 1990s a proposal was put to the people to change the wording of the constitution.

1. Australia to become a republic
2. Change the introduction of the constitution

Both of these questions were rejected as both the majority of people and the majority of states denied it.

Question 8

Changing the Constitution

1967 Commonwealth of Australia Constitution Act

Answer 8

Australian people have voted 8 times in favour.
The need to recognise Indigenous Australians in the census.
Overwhelming support in yes 90%