The Australian Electoral Commission v Johnston & Ors; Wang v Johnston & Ors; Mead v Johnston

The Australian Electoral Commission (AEC) and two individuals, Wang and Mead, brought separate proceedings against Johnston and others concerning the validity of certain electoral rolls. The core of the dispute revolved around the AEC's decision to remove a significant number of names from the electoral roll for the Division of Perth, which the respondents, Johnston and others, alleged was unlawful. The matter was heard by Hayne J of the High Court of Australia.

The primary legal issue before the Court was whether the AEC had acted lawfully in removing names from the electoral roll pursuant to section 339 of the *Commonwealth Electoral Act 1918* (Cth). Specifically, the Court was required to determine if the AEC's actions constituted a failure to comply with the procedural fairness requirements mandated by the Act and the common law, particularly in relation to the notice given to electors before their names were removed.

Hayne J found that the AEC's process for removing names from the electoral roll was flawed. His Honour held that the notice provided to electors was insufficient to satisfy the requirements of procedural fairness. The *Commonwealth Electoral Act* requires that electors be given adequate notice of the intention to remove their names and an opportunity to object. The AEC's practice of sending a single notice to an address, without further steps to ensure actual receipt or knowledge by the elector, was deemed inadequate. This failure to provide effective notice meant that the AEC had not complied with its statutory obligations, rendering the removals unlawful. The Court concluded that the AEC had failed to afford procedural fairness to the electors whose names were removed from the roll.