French CJ
Hayne
J
Crennan J
Kiefel
J
Bell
J
8.
government should fund areas of State responsibility such as education and
health abound and are often agitated at both State and federal levels.
22
The use of co-operative executive 30 and legislative arrangements,
including through the Council of Australian Governments and Ministerial
Councils, makes it difficult to identify subjects not capable of discussion as
matters which do or could potentially concern a federal governmental or political
matter 31. Social, economic and political matters in Australia are increasingly
integrated 32.
23
In Coleman v Power 33, it was recognised that the conduct of State police
officers might have national repercussions. McHugh J observed 34 that because of
the integration of federal and State criminal law, the manner in which State
police officers enforce those laws may influence the evaluation by the public of
the performance of federal Ministers. Gummow and Hayne JJ 35 said that because
of the necessarily close co-operation between federal and State forces, "there is
evident strength in the proposition that an allegation that a State police officer is
corrupt might concern a government or political matter that affects the people of
Australia" 36.
24
In Australia, there are also national political parties which operate across
the federal divide and at federal, State, Territory and local government levels.
at 216-217; Lange v Australian Broadcasting Corporation (1997) 189 CLR 520 at
571-572.
30
Coleman v Power (2004) 220 CLR 1 at 78 [197]; [2004] HCA 39; Wotton v
Queensland (2012) 246 CLR 1 at 15 [27]; [2012] HCA 2.
31
Hogan v Hinch (2011) 243 CLR 506 at 543 [48].
32
Lange v Australian Broadcasting Corporation (1997) 189 CLR 520 at 571-572;
Wotton v Queensland (2012) 246 CLR 1 at 15 [26].
33
(2004) 220 CLR 1.
34
Coleman v Power (2004) 220 CLR 1 at 45 [80].
35
Coleman v Power (2004) 220 CLR 1 at 78 [197].
36
See also Coleman v Power (2004) 220 CLR 1 at 88-89 [229] per Kirby J.