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Public Law Assignment: Voters' Rights In Western Australian Parliament

Task: Public Law Assignment Instructions: After consultation with the Western Australia Electoral Commission about concerns with ‘riff-raff voters’, the Western Australian Parliament enacts with absolute majorities in the Legislative Assembly and the Legislative Council, the Electoral Act Amendment & Integrity Act 2021 (WA). The Act makes a number of amendments to Part III, Division 1 of the Electoral Act 1907 (WA). Relevantly, the 2021 Act includes the following provisions: s 15 - Additional voting disqualifications Every person otherwise eligible to vote shall be disqualified from voting at any WA election if the person: a) is imprisoned for 6 months or more for committing an offence against a Western Australian law; or b) fails, or refuses to sit, the Western Australian Knowledge Online Test prior to the closing of the WA electoral rolls before a State election. s 16 – Protection from repeal or amendment A Bill to repeal or amend s 15 can be presented for the Governor’s assent by or in the name of the Queen once the Bill has been approved by an absolute majority of both houses of the WA Parliament and has been approved by a majority of WA electors qualified to vote at a referendum. It also must have been the subject of consultation with the Western Australian Electoral Commission. The WA Civil Liberties Union seeks your constitutional law advice as to whether these provisions may be invalid, including by the operation of s 73(2) of the Constitution Act 1889 (WA).


Subject Name: Civil Law_x000D_


Level: Postgraduate


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