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committee's report

The committee tabled its report on 17 September 1999.

View:    Report No. 18 – Issues of electoral reform raised in the Mansfield decision: Regulating how–to–vote cards and providing for appeals from the Court of Disputed Returns
View:    Government Response

Overview

On 21 September 1998, the Hon. Mr Justice Mackenzie of the Supreme Court of Queensland, sitting as the Court of Disputed Returns, handed down a decision in relation to a petition by Mr Frank Carroll disputing the 1998 State election result for the electorate of Mansfield (Mansfield decision).

The Attorney-General and Minister for Justice and Minister for The Arts, the Hon. Matt Foley MLA, wrote to the committee on 22 September 1998 advising that, as the Minister responsible for the Electoral Act, he proposed to give urgent consideration to Justice Mackenzie’s suggestions regarding how-to-vote cards and appeals from the Court of Disputed Returns to the Court of Appeal. In his letter, the Attorney-General requested that the committee examine Justice Mackenzie’s suggestions and report to Parliament as a matter of priority.

At a meeting on 30 September 1998, the Committee resolved to conduct an inquiry and report to Parliament on these two issues. In particular, the committee resolved that the terms of reference of its inquiry be limited to inquire into whether—and, if so, how—the Electoral Act should be amended in light of the comments made by Justice Mackenzie in his judgment:

• at paragraphs 153 and 154 regarding how-to-vote card specification requirements, as currently set out in s 161 of the Electoral Act; and
• at paragraph 155 regarding the possibility of appeals to the Court of Appeal from decisions of the Court of Disputed Returns.