Case Study: Roach v. Electoral Commissioner An investigation of the High Court case of



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Politics & Law

Case Study: Roach v. Electoral Commissioner

An investigation of the High Court case of

Roach v. Electoral Commissioner (2007) 233 CLR 162,

and its impact on rights of individuals and the legal system

The Right to Vote

You are required to research the right to vote as it exists in Australia and then answer the focus questions below.




Focus questions:

  1. Explain why the right to vote is considered to be an important right for all citizens.

  2. The Commonwealth Electoral Act 1918 (Cth) states that voting is compulsory. Section 245(1) states ‘it shall be the duty of every elector to vote at every election’.

    1. Distinguish between a right and a duty/responsibility.

    2. Who is required to vote in Australia?

    3. Outline the categories of people who may be denied the right to vote.

    4. Explain how the electoral laws impact on the right of prisoners to vote.

    5. Suggest two strengths and two weaknesses of having compulsory voting in Australia.


Resources:

www.hreoc.gov.au/human_rights/vote/index.html

  • Australian Electoral Commission website at

www.aec.gov.au/Voting/index.htm www.aec.gov.au/pdf/voting/compulsory_voting.pdf
The case of Roach v Electoral Commissioner (2007) 233 CLR 162
Read the case of Roach v. Electoral Commissioner and answer the questions that follow.

The case was launched by an individual, Vicki Lee Roach, in order to protect the violation of her rights. The right in question was the right to vote, which Ms Roach believed was infringed by amendments to the Electoral Act.


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