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Mccloy Case Summary

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Introduction McCloy considered the validity of provisions in Election Funding, Expenditures and Disclosed act 1981 (NSW) ("the EFED Act.") and it has been accepted that restrictions on donations to candidates and parties is constitutional. This paper analyses the implications of the McCloy for the implied freedom of political communication. In Unions NSW v New South Walese the argument was about the rational connection between the challenged provisions (EFED act) and the legitimate end. McCloy case however was more focused on political donations and preventing undue influence and corruption of the government. The most significant implication of the McCloy case is about re-writing of the test in Lange v Australian Broadcasting Commission …show more content…

McCloy tried to argue that political donation is part of political participation which is protected by implied freedom of political communication. His argument has been rejected by all judges based on the model of representative government. because of the high risk of corruption the joint judgement argued that discrimination between property developers and general public in terms of political donation is legitimate. Despite the ICAC report on cases of corruption of property developers and the fact that the property developers directly benefit from the decisions made by government, Nettle raise the discrimination factor to argue that the restriction on property developers should be

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Political donations play an important role within the Australian Legal System. There are many cons and pros about this particular issue and debate about how it affects the Australian democratic system and if the law on it should be altered. A political donation is a donation of money to benefit candidates, political parties, member of Parliament to help with the funding of elections, political and community activities. Parliament of Australia (2012) has claimed that it’s “Establishing a funding scheme that ensures fairness and openness requires a legislative system that promotes an equitable distribution of resources among political parties and candidates and the timely disclosure of political donations and electoral expenditure”.

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The relevant sections were enacted for the legitimate end of preventing the reality and perception of undue influence and corruption of the government, and ensuring equality from a political standpoint. This, they maintained, preserved and enhanced the constitutionally prescribed system of

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