Roach v Electoral Commissioner & Anor

Roach v Electoral Commissioner & Anor concerned a challenge brought by Mr Roach, an Aboriginal Australian, against the Electoral Commissioner and the Attorney-General. Mr Roach sought a declaration that certain provisions of the *Commonwealth Electoral Act 1918* (Cth) were invalid. Specifically, he contended that the provisions requiring all eligible persons to be enrolled and to vote at federal elections were inconsistent with the implied freedom of political communication protected by the Australian Constitution.

The High Court was required to determine whether the compulsory enrolment and voting provisions of the *Commonwealth Electoral Act 1918* (Cth) infringed the implied freedom of political communication. This freedom, derived from the system of representative and responsible government established by the Constitution, protects the capacity of the people to communicate with each other about political matters. The central question was whether the compulsion to vote and be enrolled unduly burdened this freedom.

In reaching its decision, the High Court applied the established test for determining whether legislation impermissibly infringes the implied freedom of political communication. This test involves a two-stage inquiry: first, whether the law effectively burdens the freedom of political communication, and second, if it does, whether the law is reasonably appropriate and adapted to serve a legitimate purpose in a manner compatible with the maintenance of the constitutionally prescribed system of representative and responsible government. The Court found that while the compulsory voting provisions did burden the freedom of political communication, they were reasonably appropriate and adapted to the legitimate purpose of ensuring a representative democracy through widespread participation in the electoral process.

The High Court dismissed Mr Roach's application for a declaration of invalidity.