Roach v Electoral Commissioner & Anor

Roach v Electoral Commissioner & Anor concerned a challenge brought by Mr Roach, a prisoner serving a sentence of imprisonment for a term of three years or more, to the constitutional validity of s 93(8) of the *Electoral Act 1918* (Cth). This provision disqualified persons convicted of an offence and sentenced to imprisonment for a term of three years or more from being enrolled as an elector or voting at a federal election. Mr Roach contended that this disqualification infringed the implied freedom of political communication protected by the Australian Constitution. The case was heard by the High Court of Australia.

The central legal issue before the High Court was whether s 93(8) of the *Electoral Act 1918* (Cth) was invalid by reason of its inconsistency with the implied freedom of political communication. This freedom, derived from the system of representative and responsible government established by the Constitution, protects communications about political or government matters from unjustified legislative impairment. The Court was required to consider whether the disqualification of prisoners serving sentences of three years or more from voting was a permissible limitation on this implied freedom.

In its reasoning, the High Court applied the established test for determining the validity of laws that burden the implied freedom of political communication. This test requires an assessment of whether the law is reasonably appropriate and adapted to serve a legitimate purpose compatible with the system of representative and responsible government. The Court found that the disqualification of prisoners serving sentences of three years or more from voting was not compatible with the constitutional requirement for universal adult suffrage, which is a fundamental element of representative democracy. The Court held that the provision imposed an unjustified burden on the implied freedom of political communication and was therefore invalid.

The High Court declared s 93(8) of the *Electoral Act 1918* (Cth) to be invalid.