FEDERAL COURT OF AUSTRALIA
Hansen v Australian Electoral Commission [2000] FCA 606
ELECTIONS – Aboriginal and Torres Strait Islander Commission Act – Regional Council election – disputed election – motion to dismiss petition – whether alleged errors constitute illegal practices – whether facts alleged sufficient to establish that results of election likely to be affected – alleged errors occurred outside relevant region – no specific claim of number of voters affected or election margins – petition dismissed
Aboriginal and Torres Strait Islander Commission Act1989, s 27, s 91(1), s 100A, s 101, s 108, s 109, s 110, s 113(3), s 130(1), s 131, s 140
Commonwealth Electoral Act 1918, s 161(e), s 355(a), s 362(3), s 365
Whitby v Garlett [2000] FCA 245 followed
Rudolphy v Lightfoot (1999) 167 ALR 105 applied
Sykes v Australian Electoral Commission (1993) 115 ALR 645 applied
Nile v Wood (1988) 167 CLR 133 applied
Robertson v Australian Electoral Commission (1993) 116 ALR 407 referred
Cole v Lacey (1964) 112 CLR 45 applied
Pettit v Atkinson (1994) 50 FCR 174 referred
Kean v Kerby (1920) 27 CLR 449 referred
Yarran v Blurton (1992) 35 FCR 485 discussed
Evans v Crichton-Browne (1981) 33 ALR 609 applied
Shaw v Wolf (1998) 83 FCR 113 referredGARY HANSEN v AUSTRALIAN ELECTORAL COMMISSION
V 677 of 1999KENNY J
MELBOURNE
10 MAY 2000
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
V 677 OF 1999
BETWEEN:
GARY HANSEN
PetitionerAND:
AUSTRALIAN ELECTORAL COMMISSION
RespondentJUDGE:
KENNY J
DATE OF ORDER:
10 MAY 2000
WHERE MADE:
MELBOURNE
THE COURT ORDERS THAT:
1.The petition be dismissed.
2.The petitioner pay the respondent’s costs of and incidental to the petition and the motion, notice of which is dated 29 February 2000, fixed in the amount of $6,000.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
V 677 OF 1999
BETWEEN:
GARY HANSEN
PetitionerAND:
AUSTRALIAN ELECTORAL COMMISSION
Respondent
JUDGE:
KENNY J
DATE:
10 MAY 2000
PLACE:
MELBOURNE
REASONS FOR JUDGMENT
introduction
Gary Hansen, an unsuccessful candidate for election to the Tumbukka (previously Ballarat) Regional Council established under the Aboriginal and Torres Strait Islander Commission Act1989 (“ATSIC Act”), disputes the validity of the election by way of a petition filed in this Court on 6 December 1999. Amongst other things, the petition seeks a declaration that the election for the Tumbukka Regional Council was absolutely void. The Australian Electoral Commission (“AEC”), which is named on the petition as respondent, moves for orders that the petition be dismissed or, in the alternative, stayed on the grounds that there is no reasonable or probable cause of action or suit, or that the proceeding is an abuse of the process of the Court. There is no supporting affidavit.
There was, so it seems, an election held for the Tumbukka Regional Council on 9 October 1999 (“the election”). Council for the AEC…
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- Case
- [2000] FCA 606
- Decision Date
CaseChat Overview and Summary
The central legal issues addressed by the court were whether the alleged irregularities at the polling booth were significant enough to warrant the invalidation of the election. Hansen claimed that the booth failed to display candidate photos, a conflict of interest existed due to Caroline Steele’s involvement in voter registration while her daughter was a candidate, polling staff were insensitive in determining Aboriginality, the booth closed prematurely due to a shortage of ballot slips, and a misleading sign was displayed when the booth was closed. Each of these issues raised questions about the fairness and compliance with electoral rules.
The court found that the petitioner had not provided sufficient evidence to substantiate the claims of irregularities. While the petitioner presented a range of grievances, the court concluded that these did not meet the threshold for invalidation of the election. The court held that Hansen had not demonstrated that the alleged irregularities were significant enough to affect the outcome of the election or that they were not adequately addressed by the electoral commission. Consequently, the petition was dismissed, and Hansen was ordered to pay the respondent's costs.
Orders
Orders of the court
1. The petition be dismissed.
2. The petitioner pay the respondent’s costs of and incidental to the petition and the motion, notice of which is dated 29 February 2000, fixed in the amount of $6,000.
Background
Background to the litigation
Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
Established by: KENNY J
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