Prisoners Win Right To Vote
Jane Holroyd
August 30, 2007 - 11:46AM
Thousands of Australian prisoners have had their right to vote reinstated after the High Court today upheld by majority a challenge to Howard Government legislation banning all prisoners from voting at federal elections.
However, the court upheld earlier legislation which stipulated any prisoners serving a jail term of three years or longer could not vote.
Lawyers acting for Vickie Lee Roach, a 49-year-old Aboriginal woman currently serving time in the Dame Phyllis Frost Women's Prison at Deer Park, argued the Government amendments to the Commonwealth Electoral Act were not supported by the constitution, which declares the Parliament shall be "directly chosen by the people".
Her case was heard in June with her lawyers arguing that the criterion for disentitlement were arbitrary and therefore inconsistent with representative democracy.
A lawyer acting for Ms Roach said she had won a great victory for fellow prisoners and particularly indigenous prisoners, who make up a quarter of Australia's total prison population of about 20,000.
Phil Lynch, director of the Human Rights Law Resource Centre, told The Age about 7000-8000 prisoners currently serving sentences up to three years would have their voting rights reinstated before this year's federal election.
However, Ms Roach was unsuccessful in her challenge to the pre-2006 legislation banning prisoners serving longer sentences from voting.
As Ms Roach is serving a five-year sentence for negligently causing serious injury in a car accident, she will remain ineligible to vote at this year's election.
"We would have ideally like to have seen the three-year prohibition struck down too," said Mr Lynch. "That would have been ideal for Vickie (in) allowing all prisoners to vote.
"But she did it more broadly on behalf of the prison population, particularly the indigenous prison population and she has been very, very successful in that respect."
Mr Lynch described the court's decision as a victory for democracy.
"It's an affirmation of the importance of the fundamental human right to vote," he said.
"It is an affirmation that the legislative and the executive power of the government is not unconstrained and that meaningful representative democracy requires that people be enfranchised and have their say."
Today's judgement was delivered in Canberra by High Court Chief Justice Murray Gleeson.
Reasons behind the decision will be released later.
The court directed Ms Roach, due for parol next year, should pay half the court costs.
with AAP
http://www.theage.com.au/news/national/prisoners-win-right-to-vote/2007/08/30/1188067238763.html