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Roach 2006 Irac Case Study

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Step 2: research –roach v. electoral commissioner (2007) Questions Q1. The individual or group that had their rights infringed-who were they? Individuals who had their rights infringed were prisoners who served more than 3 years in prison. In this case, Vicki lee roach had been serving 6 years in prison for negligently causing a car accident. Q2. Which right(s) was infringed? How was the right(s) infringed? Roach has challenged the effectiveness of the 2006 amendments made to the electoral act 1918 (cth) by the passage of the electoral and referendum amendment act 2006 (cth). The amendments prohibited all prisoners who were serving a sentence of imprisonment for a commonwealth, state or territory offence from voting in federal elections. Before …show more content…

In 2006, the commonwealth passed the electoral and referendum amendment (electoral integrity and other measures) Act 2006 (cth) which had prohibited all convicted and sentenced prisoners from voting in elections. Roach, who had been serving a six year term of imprisonment for five offences, was enrolled to vote in the seat of Kooyong, Victoria. Before the act made in 2006, prisoners who had been serving sentences over three years were banned from voting. Q7.which groups/individuals had opposing views on the issues in this case? What were these views? The federal government (Howard) made an amendment to the 1918 electoral act that had stated that all prisoners were denied to vote, not just prisoners who were serving a 3 year term or less. Q8. What was the outcome of the case? Who was successful? What did the judges decide? The outcome of this case was that Australians had been given the constitutional protection to vote because of the provision for representative government in the constitution. The amendment to the electoral role was invalid. Therefore, the amendment stating that all prisoners were denied from voting had been refuted. Despite this, the act which had stated that prisoners who were serving 3 years or less was still valid. So Roach, who had been serving a six year term, was still denied from

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