Referendum Procedures Act 2004 (TAS)

The case involved the Tasmanian Electoral Commission (the "Applicant") and the Tasmanian Electoral Commissioner (the "First Respondent") as well as the Tasmanian Attorney General (the "Second Respondent"). The Applicant sought a declaration that the Second Respondent had failed to perform his statutory duties in relation to a referendum conducted in 2018. The Applicant also sought an order that the results of the referendum be declared void and an order for a new referendum to be held. The matter was heard in the Supreme Court of Tasmania. The central issue before the Court was whether the Second Respondent had discharged his statutory duties under the Referendum Procedures Act 2004 in relation to the conduct of a referendum held in 2018. Specifically, the Court had to consider whether the Second Respondent had failed to ensure that the referendum was conducted in accordance with the Act and whether this failure rendered the results of the referendum void. The Court found that the Second Respondent had not discharged his statutory duties in relation to the referendum. The Court held that the Second Respondent had failed to ensure that the referendum was conducted in accordance with the Act, specifically in relation to the authentication of ballot papers. As a result, the Court declared the results of the referendum void and ordered a new referendum to be held. The Court held that the failure of the Second Respondent to perform his statutory duties had resulted in a significant irregularity in the conduct of the referendum, which could not be remedied by a simple recount or other administrative action. The Court also noted that the irregularities in the conduct of the referendum had the potential to undermine public confidence in the democratic process. The Court's decision was significant as it highlighted the importance of ensuring that referendums are conducted in accordance with the law and that the results of such referendums are valid and reliable. The Court's decision also emphasised the role of the Court in overseeing the conduct of referendums and ensuring that the democratic process is not undermined by procedural irregularities.