Rowe & Anor v Electoral Commissioner & Anor

The High Court of Australia heard an appeal concerning the validity of certain electoral rolls prepared by the Electoral Commissioner for the State of New South Wales. The appellants, Mr. Rowe and another, challenged the inclusion of names on these rolls, arguing that the individuals listed were not entitled to be enrolled as electors. The Electoral Commissioner and the Attorney-General for New South Wales were the respondents.

The central legal issue before the High Court was whether the Electoral Commissioner had acted lawfully in preparing the electoral rolls, specifically concerning the interpretation and application of the *Electoral Act 1912* (NSW) and the *Constitution Act 1902* (NSW) regarding the qualifications and enrolment of electors. The appellants contended that the Commissioner had failed to properly ascertain the eligibility of persons whose names appeared on the rolls, thereby contravening statutory and constitutional requirements for electoral rolls.

Hayne J, in his judgment, considered the nature of the Electoral Commissioner's duty in preparing electoral rolls. His Honour affirmed that the Commissioner has a positive obligation to ensure that only qualified persons are enrolled and that unqualified persons are removed. The Court examined the evidentiary standards required for enrolment and the process by which the Commissioner should satisfy himself of an applicant's eligibility. The principles of administrative law, particularly concerning the proper exercise of statutory power and the duty to act in accordance with the law, were central to the determination. The Court ultimately found that the Commissioner's actions in preparing the rolls in question did not meet the legal standard required by the relevant legislation.

The High Court allowed the appeal, quashed the electoral rolls as prepared, and remitted the matter to the Electoral Commissioner with a direction to prepare new rolls in accordance with the law.