Guide 3 to NSW State Archives relating to Responsible Government - OCR - Flipbook - Page 239
A Guide to New South Wales State Archives relating to Responsible Government
House of 60 Members to be replaced by a popularly elected House of 45 Members, over
the course of three elections (which took place in 1978, 1981 and 1984).
Governor
Correspondence files — File 61/214: Legislative Council of
NSW - Abolition of; Constitution Amendment (Legislative
Council Abolition) Bill of 1959, 1959-61
CGS 4543,
File 61/214 in
[12/1456.2]
This file relates to the Bill to abolish the Legislative Council, the
Constitution Amendment (Legislative Council) Abolition Bill, which
was introduced in Parliament on 12 November 1959. A joint
meeting of the Legislative Assembly and the Legislative Council to
discuss the Bill was convened by the Governor for 20 April 1960
but was boycotted by Opposition and some Government Members
of the Legislative Council. Following the decision of the Legislative
Assembly in May 1960 to hold a referendum on the question of
abolishing the Legislative Council, Hector Joseph Richard Clayton,
MLC, and seven others instituted an action in the Supreme Court
in Equity to block it. The plaintiffs claimed that the proposed
referendum was not authorised by the Constitution Act, 1902, as
amended. The Supreme Court having found in favour of the
validity of the Bill for the abolition of the Council, the eight
legislators appealed to the High Court of Australia. However, the
High Court dismissed the appeal, thereby paving the way for the
referendum on the matter.
A Referendum was held on 29 April 1961 to give electors an
opportunity of deciding on the question of the abolition or
retention of the Legislative Council. Electors were required to
endorse a Yes or No vote on the ballot paper, whether or not they
were in favour of a Bill entitled "An Act to abolish the Legislative
Council; to provide that another Legislative Council shall not be
created, constituted or established nor shall any Chamber,
Assembly or House, other than the Legislative Assembly, designed
to form part of the Legislature or the Parliament in New South
Wales, be created, constituted or established until a Bill for the
purpose has been approved by the electors on a referendum; to
amend the Constitution Act, 1902, and certain other Acts; and for
purposes connected therewith". The result of the Referendum was
Yes in favour of the Bill 802,512, and No against the Bill
1,089,193, with 49,352 ballot papers rejected as informal.
The file includes papers relating to the holding of a joint sitting of
both Houses of Parliament, including opinions of the Law Officers
on its legality; the progress of the Constitution Amendment
(Legislative Council Abolition) Bill through Parliament; the Court
action to stop the referendum; and the holding of the referendum.
Also included are proof copies of various New South Wales
Parliamentary Debates from both Houses, 12 November 19595 October 1960; Votes and Proceedings of the Legislative
Assembly, 12 November 1959-12 May 1960; Minutes of
Proceedings of the Legislative Council, 2 December 1959-13 April
1960; Minutes of the Joint sitting, 20 April 1960; Legislative
Assembly - Notices of motions and orders of the day 31 March12 May 1960; copy of resolution to the Governor from the
Legislative Assembly requesting that the Constitution Amendment
(Legislative Council Abolition) Bill be submitted by way of
236
State Records Authority of New South Wales
