Guide 3 to NSW State Archives relating to Responsible Government - OCR - Flipbook - Page 238
A Guide to New South Wales State Archives relating to Responsible Government
Reform of the Legislative Council
Following the reconstitution of the Legislative Council in 1934, elected Governments
often continued to find themselves confronted with a hostile Council. The Labor Party,
which held government from 1941 to 1965, remained committed to the abolition of the
Council. Attempts to reform or abolish the Council in 1943 and 1946 had failed, as did a
private member's bill in 1952. In 1959, Labor Premier Heffron introduced another Bill for
the Council's abolition.
The Constitution Amendment (Legislative Council Abolition) Bill was introduced by the
Heffron Government in Parliament on 12 November 1959. The Bill passed the Legislative
Assembly both in December 1959 and April 1960; however, on being sent to the
Legislative Council it was returned both times with messages to the effect that the
Council declined to consider the Bill. Consequently, on 13 April 1960 both Houses
received messages from the Governor convening a joint sitting on 20 April. The Council
responded by resolving that it did not consider that a situation had arisen conferring
constitutional power on the Governor to convene such a joint sitting, and that for this
reason the Council had decided that Members would not attend. The joint meeting of the
Legislative Assembly and the Legislative Council to discuss the Bill did take place on
20 April 1960 although it was boycotted by opposition and some government Members
of the Legislative Council.
On 12 May, the Legislative Assembly resolved that the Bill be submitted to a
referendum. Later that day legal proceedings were instituted by Colonel Clayton, Leader
of the Opposition in the Council, seeking an injunction to prevent the referendum being
held. The full bench of the Supreme Court found for the defendants by a majority of four
to one. Subsequently, on 15 December 1960, an application for special leave to appeal
to the High Court was refused, with the application of section 5B of the Constitution Act,
1902 and a number of related matters being dealt with in the leading judgment, and the
Government's handling of the constitutional requirements upheld.
In January 1961 Premier Heffron announced that the Referendum would be held on
29 April 1961. This Referendum gave electors the opportunity of deciding on the
question of the abolition or retention of the Legislative Council. The Referendum was
defeated: the result was 802,512 in favour of the Bill, and 1,089,193 against the Bill.
Reform of the Legislative Council was revived in 1977 by the Wran Government. The
Constitution and Parliamentary Electorates and Elections (Amendment) Bill, (the Reform
Bill), was introduced by the Premier, Neville Wran, on 1 June 1977. The object of this Bill
was to provide for the election of Members of the Legislative Council directly by the
people.
Originally the Bill was not passed by the Legislative Council. After two months, the Bill
was re-introduced. At a free conference of managers representing the two Houses of
Parliament, proposals and counter proposals were considered and agreement was finally
reached on amendments to the Bill which allowed it to pass both Houses. The amended
Bill was presented to the people at a Referendum on 17 June 1978. The Referendum
asked electors "Do you approve of the Bill entitled 'A Bill for an Act to provide for the
election of members of the Legislative Council directly by the people'." Direct election by
the people won a resounding victory: more than 2.25 million voters approved of the Bill,
while just over 400,000 did not.
Under the 1978 Constitution and Parliamentary Electorates and Elections (Amendment)
Act, which was approved by the Referendum, the Legislative Council became a House of
45 Members directly elected by the people by a system of proportional representation.
One third (15) of the members would retire at each General Election which, given the
maximum three year terms of Parliament, meant a term of up to nine years. The
transitional arrangements for the reconstituted Council provided for the pre-existing
State Records Authority of New South Wales
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