SUPREME COURT OF SOUTH AUSTRALIA
(Full Court)
MARTIN v ELECTORAL DISTRICTS BOUNDARIES COMMISSION
[2017] SASCFC 18
Judgment of The Full Court
(The Honourable Chief Justice Kourakis, The Honourable Justice Kelly, The Honourable Justice Blue, The Honourable Justice Bampton and The Honourable Justice Hinton)
10 March 2017
STATUTES - ACTS OF PARLIAMENT - INTERPRETATION - RULES OF CONSTRUCTION - GENERALLY
CONSTITUTIONAL LAW - CONSTITUTIONAL AMENDMENT - STATES - SOUTH AUSTRALIA
CONSTITUTIONAL LAW - THE NON-JUDICIAL ORGANS OF GOVERNMENT - THE LEGISLATURE - ELECTIONS AND RELATED MATTERS - ELECTORAL DISTRICTS AND REDISTRIBUTION
Appeal against electoral redistribution order by the Electoral Districts Boundaries Commission.
On 7 December 2016, the Commission made an order effecting an electoral redistribution under section 82 of the Constitution Act 1934. In broad terms, the redistribution involved the 6 large outer rural districts having elector numbers of the order of 7% below average; the 7 semi-rural districts having elector numbers of the order of 3% below average; and the 34 urban districts generally having elector numbers slightly above average.
Subsection 77(1) of the Constitution Act requires that upon a redistribution the number of electors comprised in each electoral district must not as at a date specified in the order not earlier than 6 months beforehand vary from the average number of electors across all districts by more than 10 per cent. Subsection 83(1) requires the Commission to ensure as far as practicable that, if candidates of a particular group attract more than 50 per cent of the popular vote, they will be elected in sufficient numbers to enable a government to be formed. Subsection 83(2) requires the Commission to have regard to five enumerated factors and it may have regard to any other matters it thinks relevant.
The Commission delivered a report in which it explained its methodology. It rejected a submission by the Labor Party that section 77 of the Constitution Act required it to make a redistribution on the basis that all electoral districts should have approximately the same number of electors and the 10 per cent tolerance mentioned in section 77 only exists because it may not be possible to draw boundaries to achieve equality of numbers. The Commission said that nevertheless the notion of ‘one vote, one value’ remained a relevant consideration throughout its work.
The Commission found that, having regard to election results over the last 40 years, there was an innate imbalance against the Liberal Party caused by voting patterns in South Australia upon which had been imposed successive redistributions as a result of which the Liberal Party could win a significant majority of State-wide votes but not win a majority of seats. The Commission referred to an argument by the Labor Party that the imbalance was a function of poor placement of resources at the last election but said that there was no evidence that this occurred.
The appellant appeals against the redistribution order pursuant to section 86 of the Constitution Act on the ground that the order was not duly made…
Keep reading for free
Create a free CaseChat account to read Martin v Electoral Districts Boundaries Commission and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2017] SASCFC 18
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Court was whether the evidence provided by Mr Hamilton-Smith and Professor Macintyre, when considered in its proper context, actually constituted evidence of the specific proposition relied upon by the appellant. This involved an analysis of whether their testimony demonstrated, first, the placement of resources by the Liberal Party in marginal versus safe electorates, secondly, that this placement was strategically poor, thirdly, that it inflated the two-party preferred vote, and fourthly, that it did not lead to an increase in seats won.
The Court reasoned that the passages cited by the appellant from Mr Hamilton-Smith's testimony, when read in their full context, did not support the complex proposition. Mr Hamilton-Smith's remarks, particularly those concerning campaigning strategies and representation in marginal seats, were part of a broader discussion about why the Liberal Party struggled to win a majority of seats despite winning a majority of votes. The Court found that his testimony identified several reasons for this struggle, including a lack of party platform, a "low target, small profile strategy," and insufficient diversity, but these were distinct from and outside the scope of the Commission's specific finding concerning the "poor placement of resources." The Court concluded that the testimony, when properly understood, did not provide evidence for the four components of the proposition as required.
Given that the Court found no error in the Commission's initial finding regarding the absence of evidence, it determined that it was neither necessary nor appropriate to consider the appellant's further contentions. Accordingly, the appeal was dismissed.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.