High Court rules against NSW Government

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High Court rules against NSW Government’s electoral donation laws after union challenge – ABC News (Australian Broadcasting Corporation).

High Court rules against NSW Government’s electoral donation laws after union challenge

The High Court has upheld a union challenge to the New South Wales Government’s electoral donation laws.

 In February 2012, the O’Farrell Government amended the Electoral Funding Act, banning political donations from groups unless the donor is an individual enrolled to vote.

Unions NSW launched a challenge to the laws, arguing that donations are a form of political freedom and that a ban is unconstitutional.

The union challenge was supported by five unions, while the NSW Government was backed by all coalition state governments and the Commonwealth.

In a unanimous decision, the High Court has found that the laws are invalid because they burden the implied freedom of communication on governmental and political matters, contrary to the Commonwealth constitution.

The court did accept that the Act had general anti-corruption purposes.

Unions New South Wales says it is back to the drawing board for the State Government after the High Court decision.

Mark Morey from Unions NSW says the decision is beyond their wildest dreams.

allows people to participate,” he said.

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About Darin Sullivan (1980 Articles)
Former President of the Fire Brigade Employees’ Union (2009-2018) and a professional firefighter with more than 30 years experience. I live and work on the NSW South Coast, Australia. I am a strong advocate for firefighters and emergency service workers with an interest in mental health issues and caring for those around me. I am a former Director on the NSW Fire Brigades Death and Disability Super Fund and work with charities including ‘The Movember Foundation’. As a leader and activist I have long been active in the campaign for action on climate change. I am a Station Commander in the fire and rescue service in NSW and have 30 years experience fighting fires, both rural and urban. I am passionate about highlighting the impact climate change is having on fire preparedness and fire behaviour in Australia, and the risks associated with inaction on climate change. I am also a spokesperson for the Australian Climate Media Centre.
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