Taking action to protect voting rights

Justice Action is an independent organisation that strives to give a voice to people who have been marginalised or excluded from the community. Its 'Just Us' newsletter gives people in prison and mental health systems in Australia and New Zealand information to help make informed decisions when voting in state and federal elections, including statements on policy positions from all political parties.

Allens became involved with Justice Action through one of its lawyers, Joseph Friedman, who volunteered with the organisation after learning about the existence of political newsletters for prisoners via a podcast. Brett Collins from Justice Action then approached Allens with the opportunity to provide pro bono legal support on a case which, if successful, would give every prisoner eligible to vote in South Australia access to the 'Just Us' newsletter prior to the 2022 Australian Federal Election.

The South Australian Department of Correctional Services (SADCS) had refused to circulate the newsletter in the lead up to the 2022 election, and was the only Australian state or territory that would not distribute the publication.

Bringing together a team of Allens lawyers, barristers Damian O'Leary SC and Allens alumni Glyn Ayres and Alice Wharldall, Justice Action issued proceedings against  the SADCS, arguing that the decision to withhold the newsletter infringed the implied freedom of political communication.

The Grata Fund, which supports people and communities to hold government and corporate leaders to account and achieve systemic change through the courts, provided financial backing to the plaintiff.

On 13 May, just over a week before the election, Justice Action and the SADCS reached an agreement, allowing 3,200 copies of 'Just Us' to be distributed to South Australian prisons – one for every prisoner.

Allens partner Pete Haig said this  was a great outcome for Justice Action, and an even bigger win for democracy.

'This is the first time South Australia has agreed to participate in distributing the paper. Now prisoners in every state and territory around the country will have access to information enabling them to cast an informed vote on 21 May,' Haig said.

Allens Lawyer Jasmyn Tran was part of the legal team and reflected on the importance of supporting this case.

'The work of social and community advocacy groups often seeks to address complex legal issues which concern the heart of our legal institutions and societal structures, without necessarily having access to legal resources. Pro bono work supports the valuable work of these organisations to ensure that important questions of law or issues that underpin fundamental aspects of our society are adequately considered and addressed, in turn facilitating positive change in our broader community.'

While this was the first time Allens had worked with Justice Action, there is a history of working on matters relating to prisoners' democratic rights, including the right to vote. In 2007, the High Court in Roach v Electoral Commissioner held that prisoners serving three years or less are eligible (and therefore required) to vote in federal elections. The successful plaintiff in that case was also represented by Allens.

Pictured above (L-R): Andrew Burns (Allens), Joseph Friedman (Allens), Brett Collins (Justice Action) and Loretta Picone (Justice Action).