Riley v Francis

The case of *Riley v Francis* concerned a dispute between the appellant, Riley, and the respondent, Francis, heard before the High Court of Australia. The central issue revolved around the interpretation and application of section 117 of the *Constitution*, which prohibits discrimination against persons in any State by reason of their place of residence.

The High Court was required to determine whether the appellant, who was a resident of Queensland, was discriminated against by reason of his place of residence when he was charged with an offence under the *Motor Vehicles Act 1959* (Qld) and subsequently convicted. Specifically, the question was whether the operation of the Queensland Act, which imposed a penalty on a person who, while not being a resident of Queensland, drove a motor vehicle in Queensland without being the holder of a Queensland driver's licence, constituted a contravention of section 117 of the *Constitution*.

The Court reasoned that section 117 of the *Constitution* is concerned with discrimination that arises solely by reason of a person's place of residence. It was held that the *Motor Vehicles Act 1959* (Qld) did not discriminate against non-residents by reason of their residence, but rather it imposed a requirement on all persons who wished to drive motor vehicles in Queensland, regardless of where they resided. The Act sought to regulate the driving of motor vehicles within Queensland, and the requirement for a Queensland licence was a condition precedent to lawfully driving in the state, not a penalty imposed because of non-residence. The Court distinguished between a law that discriminates based on residence and a law that applies to all persons within a jurisdiction, irrespective of their residence.

The appeal was dismissed.