Nationwide News Pty Ltd v Wills

Nationwide News Pty Ltd v Wills is a High Court of Australia case that deals with a number of issues regarding the Australian Constitution, including the Express right free interstate trade and commerce (section 92), the implied freedom of political communication, and the role of proportionality.

The Industrial Relations Act 1988 (Cth) made it an offence to bring the Australian Industrial Relations Commission into disrepute. Nationwide News published an article attacking the integrity and independence of the commission. Nationwide News argued that the Act infringed the implied freedom of political communications, while the Commonwealth argued that the Act was valid under section 51(xxxv) (conciliation and arbitration power), as well as section 51(xxxix) (express incidental power).

Brennan, Deane, Toohey and Gaudron JJ thought that it was within the conciliation head of power, but that it infringed the implied freedom of political communication. Mason CJ, McHugh and Dawson JJ, however, held that it was outside the head of power.

Nationwide News is the key case where the concept of proportionality is discussed. Proportionality is the idea that there should be a reasonable relationship between an end and the means used to achieve that end. It has been used for:
Determining if a law has breached constitutional guarantees. Purposive powers, if there is a reasonable relationship between the law and the purpose used to achieve it. Non purposive powers, if there is a sufficient connection to a head of power to fall within its implied incidental power. Dawson J rejects the proportionality test as suggested by Mason CJ, arguing that it should be a test of sufficient connection, and not proportionality.