About: Roach v Electoral Commissioner

Roach v Electoral Commissioner is a High Court of Australia case, decided in 2007, dealing with the validity of Commonwealth legislation that prevented prisoners from voting. The Court held that the 2006 amendments were inconsistent with the system of representative democracy established by the Constitution. Voting in elections lies at the heart of that system of representative government, and disenfranchisement of a group of adult citizens without a substantial reason would not be consistent with it. The three-year criterion in the 2004 amendments was held to be valid as it sufficiently distinguished between serious lawlessness and less serious but still reprehensible conduct.