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W.A. Government To Appeal Court Ruling On Electoral Equality Laws

November 12, 2002


This is the text of statements released by the Western Australian Attorney-General, Jim McGinty.

The State Government has announced that it will appeal last month's Supreme Court ruling which scuttled Western Australia's new electoral equality laws.

Attorney General Jim McGinty said the appeal was a holding position required to preserve the State's rights but the Government's clear preference was to pass its re-introduced electoral equality Bill through the Parliament.

"I firmly believe the question of electoral equality should be resolved at a parliamentary level by the elected representatives of the people, rather than by the courts," Mr McGinty said.

"This will require support from the Greens, and I remain hopeful that the principles of fairness and equality will prevail and they will again support the Government's efforts to achieve equal voting rights for all Western Australians.

"It is clearly preferable for Members of Parliament to work together to achieve this important reform - which has already been adopted everywhere else in Australia.

"The vote-weighting which presently gives people in country areas two, three and even four times the voting power of people in Perth is clearly unjust. It is a hangover from the horse and buggy days which can no longer be tolerated in a modern society."

Mr McGinty said the decision to appeal to the High Court followed advice from eminent constitutional lawyer David Jackson QC, which supported the Government's strong view that it acted correctly in passing the legislation.

"Mr Jackson's clear opinion is that the Full Court was in error in finding that an absolute majority was needed to pass the legislation, and that in his view an appeal on this issue should succeed," Mr McGinty said.


Opposition Slammed For Electoral Lies

November 13, 2002

Attorney General Jim McGinty has condemned the Opposition for spreading lies and misinformation over the State Government's move to give all West Australians equal voting rights.

Mr McGinty said the claim by the Opposition that a High Court appeal would cost the State millions of dollars was arrant nonsense.

"The Government has received clear advice from one of Australia's most eminent constitutional lawyers, David Jackson QC, that last month's Supreme Court ruling - which scuttled WA's new electoral equality laws - was in error and that an appeal should succeed," he said.

"The cost of mounting that appeal to the High Court is estimated to be about $100,000, including Mr Jackson's fees. To suggest it will cost millions is simply untrue and deceitful."

Mr McGinty said it did the Opposition no credit to spread lies and misinformation in a calculated attempt to stop a reform that would ensure all Western Australians were treated equally under the law - as already occurred everywhere else in Australia.

"Electoral equality is a fundamental principle of democracy and the Gallop Government will not be swayed from its long-standing, rock-solid commitment to that principle," he said.


Greens Decision Stops Electoral Equality

November 17, 2002

Attorney General Jim McGinty says he is disappointed that the Greens (WA) have chosen to frustrate the Government's efforts to bring about electoral equality in Western Australia.

"I thought the two principles of giving all citizens an equal say in electing their Government and allowing all members of Parliament to vote on behalf of their constituents were principles the Greens should have supported," Mr McGinty said.

"Equal voting rights for all citizens is a fundamental principle of democracy that already exists in every other Parliament in Australia.

"No matter how the Greens try to package it, their decision this weekend has scuttled our ability to achieve that important reform by parliamentary means.

"The fight for equality is never easy, but the Gallop Government was elected on a platform of achieving equal rights before the law for all citizens and we will continue our efforts to bring that about in WA.

"It is offensive in a modern contemporary society that WA alone continues to cling to laws from a bygone era that give some people greater voting rights than others based purely on where they live.

"It makes as much sense to give people more voting power because they live in Mandurah or Bunbury rather than Rockingham or Wanneroo as it would to give them extra voting rights based on wealth or property."

Mr McGinty said the Greens had been asked to support the Government's move to give the president of the Legislative Council a vote in Parliament.

"The council president, John Cowdell, is an elected Member of Parliament like any other who should be able to vote on behalf of his constituents," he said.

"By deciding not to allow him a vote, the Greens have both denied Mr Cowdell's constituents a voice in Parliament and denied all Western Australians the right to a fair and just electoral system where all voters are treated equally."

Mr McGinty said the Government would proceed with its appeal to the High Court, which would argue that the majority support in both Houses should have been sufficient to allow the Government's electoral equality laws to be enacted.

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