Vicki Roach and Lange Case - protection of rights

Question 1

What were the facts of the Roach v Australian Electoral Commission case? (2)

Answer 1

• Vikki serving 6 year sentence. 2006 a federal act was passed imposing a complete ban on any prisoner vote - meaning roach had standing
• Prior to this, only prisoners serving 3 yrs or more were disqualified

Question 2

Who did roach sue and what was roach’s argument?

Answer 2

• Roach sued electoral commission & CW, arguing the complete ban was invalid since it interfered with the system of rep government, which was in the constitution

Question 3

what was the 1st part of the judgement of the HC in the roach v Australian electoral commission case?

Answer 3

• HC upheld right to vote, finding the gov acted unlawfully & unconstitutionally in imposing a blanked ban denying all prisoners the right to vote, as S7 and S24 provide that the house of parliament must be composed of members directly chosen by the people

Question 4

what was the 2nd part of the judgement of the HC in the roach v. Australian electoral commission case?

Answer 4

Ban on prisoners 3yrs or more was valid - length of sentence indicated the prisoner had engaged in conduct that was viewed as taking them outside community expectations

Question 5

What right did the roach v. Australian electoral commission case establish? (2)

Answer 5

affirmed that there is a constitutional right to vote that is protected by the structure of representative government
Also established a limited right to vote