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Unions NSW wins High Court challenge

Dec 20, 2013News

Unions NSW has won its challenge against the NSW Government’s electoral donations law, which it said hindered freedom of political communication.

In 2012 the O’Farrell Government amended the Electoral Funding Act, banning political donations from groups.

Unions NSW subsequently launched a challenge to the law, saying it was unconstitutional.

The High Court this week unanimously ruled in favour of Unions NSW on the grounds that that the laws are invalid because they burden the implied freedom of communication on governmental and political matters, contrary to the Commonwealth constitution.

Unions NSW Assistant Secretary Mark Morey said the decision should now be respected by the NSW Government.

“The O’Farrell laws attempted to silence working people. Today those laws have been struck down by the High Court,” Mr Morey said.

“There is now an onus on the O’Farrell Government to go back to the drawing board and rethink how it regulates electoral donation laws. When it does this, it ought to be open, inclusive and non-partisan.”