Guide 3 to NSW State Archives relating to Responsible Government - OCR - Flipbook - Page 205
A Guide to New South Wales State Archives relating to Responsible Government
willingness to appoint 25 additional Members to the Legislative Council without delay,
but under protest.
In January 1926 legislation was introduced to abolish the Council. However, following
prorogation, the question that the Bill be re-introduced was defeated - a number of
Lang's new appointees having voted against the abolition of the Council. In March 1926
(following the enactment of legislation to enable the appointment of women to the
Legislative Council) Lang asked the Governor to appoint a further ten Members to the
Council. However, the Governor refused to make the appointments.
The question of the abolition of the Legislative Council was not further pressed during
the remainder of the first Lang Government, which was defeated at the October 1927
election. In response to Lang's attempts to abolish the Council, the new Nationalist
Government of Premier Bavin moved to safeguard the Council's existence. The
Constitution (Legislative Council) Amendment Bill, introduced in May 1928, used section
5 of the Colonial Laws Validity Act, 1865 to introduce a "manner and form" requirement
into the New South Wales Constitution Act, 1902, providing that before a Bill for the
purpose of abolition of the Council or alteration of its powers could be presented for
assent, it must be put to the people at a referendum. It was also provided that this new
section 7A could only be repealed or amended with the approval of the electors at a
referendum. Following its passage through both Houses, the Constitution (Legislative
Council) Amendment Bill was reserved for the Royal assent, which occurred in November
1929. The legislation came into force on 1 October 193013.
The Constitution (Further Amendment) Bill was introduced in September and was passed
by both Houses in December 1929. It provided for a Legislative Council of 60 Members,
elected indirectly by the Members of the Council and the Assembly. The Bill also dealt
with the powers of the Council and included detailed provisions concerning the resolution
of deadlocks with the Legislative Assembly. During debate on the Bill, Premier Bavin
gave a commitment that the Bill would be submitted to the electors and the Bill was not
presented for assent.
The machinery legislation to provide for the referendum on the Bavin Government's
legislative reforms to the Council, as amended, was put in place in the Constitution
Further Amendment (Referendum) Act, 1930, which provided for the referendum to be
held on 17 May 1930. However, the referendum was postponed.
At the August 1930 Premiers' Conference, New South Wales had subscribed, together
with the Commonwealth and all the other States, to an agreement that all Governments
would balance their budgets. "This involved drastic curtailments in expenditure, and, as
a consequence, sharp reductions in the incomes of very many people." At the next
election, however, Bavin was not given a mandate for honouring this pact; the electors
instead voted Lang in with a big majority. "On this occasion, having featured his
intention in his policy speech, he returned to power with a specific mandate to abolish
the Upper House."14
Following his Government's return to office, Premier Lang again sought the appointment
of additional Members to the Legislative Council in order to ensure the vote for its
abolition. The Governor, however, was reluctant to make the appointments unless the
Council obstructed Bills for which Lang had a mandate. In an effort to demonstrate the
need for the appointments, Lang introduced Bills into the Legislative Council to repeal
section 7A of the Constitution Act 1902 and to abolish the Council.
13
Proclamation published in the New South Wales Government Gazette No.144 of 26 September
1930, p.3779
14
CURREY, C H, op cit, p.418
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State Records Authority of New South Wales
