Fed: High Court overturns changes to electoral law =2

AAP General News (Australia)
08-30-2007
Fed: High Court overturns changes to electoral law =2

The challenge to the legislation was launched by Vickie Lee Roach, an Aboriginal woman
jailed for five years in 2004 and ineligible for parole until August 2008.

Her case was heard over two days in June with her lawyers arguing that the criterion
for disentitlement were arbitrary and consequently not consistent with representative
democracy.

They maintained that it was contrary to the freedom of political communication and
the freedom of political participation.

She argued that the pre-2006 legislation was also invalid.

In a statement today, High Court Chief Justice Murray Gleeson said until the Commonwealth
Electoral Act was amended in 2006, prisoners serving three years or longer were not entitled
to vote.

In 2006, the Act was amended to provide that prisoners serving any sentence of imprisonment
were not entitled to vote.

"The court, by majority, upholds the challenge to the 2006 amendment. It also holds
that the pre-2006 legislation continues in force and is valid," Justice Gleeson said.

The court directed Ms Roach should pay half the court costs.

AAP mb/sb/bwl

KEYWORD: VOTE 2 CANBERRA

2007 AAP Information Services Pty Limited (AAP) or its Licensors.