R v Pearson; Ex parte Sipka [1983] HCA 6

R v Pearson; Ex parte Sipka [1983] HCA 6

The majority held that s. 41 of the Constitution protected only voting rights acquired through State franchise laws before the Commonwealth Parliament established the federal franchise by the Commonwealth Franchise Act 1902. None of the prosecutors had acquired such a right before that time, so s. 41 did not apply to them. Section 39B of the Commonwealth Electoral Act did not overcome the requirement of enrolment under Part VII or the bar in s. 45(a) on registering claims received after 6.00 p.m. on the day the writs were issued. The prosecutors were therefore not entitled to be added to the Commonwealth roll or to vote at the 5 March 1983 Commonwealth elections.

Jurisdiction
Australia
Procedural Posture
Applications for a Writ of Mandamus / High Court Applications for Mandamus and Alternative Relief
Outcome
Applications dismissed with costs.
Legal Topics
['section 41 of the Constitution' 'commonwealth Electoral Franchise' 'enrolment on Commonwealth Electoral Rolls' 'closure of Rolls After Issue of Writs' 'right to Vote in Commonwealth Elections']
['constitutional Law' 'electoral Law'] ['section 41 of the Constitution' 'commonwealth Electoral Franchise' 'enrolment on Commonwealth Electoral Rolls' 'closure of Rolls After Issue of Writs' 'right to Vote in Commonwealth Elections']

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Procedural Posture

Applications for a Writ of Mandamus / High Court Applications for Mandamus and Alternative Relief

Legal Issues

  1. 1 ['Whether s. 41 of the Constitution entitled adult persons who acquired a right to vote at New South Wales Legislative Assembly elections after the Commonwealth franchise was established to vote at Commonwealth elections.' 'Whether s. 39B of the Commonwealth Electoral Act 1918 entitled the prosecutors to enrolment and to vote notwithstanding s. 45(a).' 'Whether claims for enrolment received after 6.00 p.m. on the day of issue of the writs could be registered before polling.' 'Whether Ms. Walters was an adult person within the meaning of s. 41 of the Constitution.']

Ratio Decidendi

The majority held that s. 41 of the Constitution protected only voting rights acquired through State franchise laws before the Commonwealth Parliament established the federal franchise by the Commonwealth Franchise Act 1902. None of the prosecutors had acquired such a right before that time, so s. 41 did not apply to them. Section 39B of the Commonwealth Electoral Act did not overcome the requirement of enrolment under Part VII or the bar in s. 45(a) on registering claims received after 6.00 p.m. on the day the writs were issued. The prosecutors were therefore not entitled to be added to the Commonwealth roll or to vote at the 5 March 1983 Commonwealth elections.

Court Disposition

Applications dismissed with costs.

Orders

  • ['The Queen v. Pearson; Ex parte Sipka. Application dismissed with costs.' 'The Queen v. Pearson; Ex parte Kleppich. Application dismissed with costs.' 'The Queen v. Pearson; Ex parte Chapman. Application dismissed with costs.' 'The Queen v. Pearson; Ex parte Walters. Application dismissed with costs.']