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Constitution Act 1902

{{short description|Australian state constitution}}

{{Use Australian English|date=January 2019}}

{{Use dmy dates|date=June 2018}}

{{Infobox constitution

|document_name = New South Wales Constitution

|image = Coat of Arms of New South Wales.svg

| orig_lang_code = en

|jurisdiction = New South Wales

| date_ratified = {{start date|1902|08|18|df=y}}

| date_effective = {{start date|1902|08|18|df=y}}

| system = State Government

| branches = {{plainlist|

| chambers = {{plainlist|

| executive = See New South Wales Government

| courts = See Judiciary of Australia

| number_amendments = 97 (89 Parliamentary Amendments and 8 Constitutional Referendums)

| date_last_amended = Government Sector Employment and Other Legislation Amendment Act 2024

| signers = Governor Harry Rawson

| supersedes = [https://www.foundingdocs.gov.au/item-sdid-78.html Constitution Act 1855] (NSW)

|citation={{Cite Legislation AU|NSW|act|ca1902188|Constitution Act 1902}}

}}

The Constitution of New South Wales is composed of both unwritten and written elements that set out the structure of Government in the State of New South Wales. While the most important parts are codified in the Constitution Act 1902, major parts of the broader constitution can also be found in:

  • important constitutional statutes, such as the Parliamentary Electorates and Elections Act 1912 or the Supreme Court Act 1970
  • the common law
  • constitutional conventions,
  • the Australian Constitution,
  • the Australia Acts,
  • any remaining applicable British legislation, such as the Bill of Rights 1689.{{cite book |last1=Twomey |first1=Anne |title=The Constitution of New South Wales |url=https://federationpress.com.au/product/the-constitution-of-new-south-wales-2/ |author-link=Anne Twomey (academic) |date=29 October 2004 |publisher=the Federation Press |isbn=9781862875166 |pages=25, 18 |access-date=12 January 2024}}

The Constitution Act 1902 sets out many of the basic principles of the Government of New South Wales, and provides for an executive, legislative and judicial branch. However, unlike the Federal Constitution, the courts have found this does not mean there is a formal separation of powers at the state level.{{cite AustLII|HCA|19|1960|litigants=R v Lydon; Ex Party Cessnock Collieries Ltd |parallelcite=103 CLR 15|date=6 April 1960|courtname=High Court}}. It can also be amended through ordinary Acts of Parliament, however some sections can only be amended through a referendum of NSW voters.{{cite web|url=https://www.parliament.nsw.gov.au/about/Pages/The-Constitution-of-New-South-Wales.aspx|url-status=live|archive-date=14 December 2024|archive-url=https://archive.today/20241214001544/https://www.parliament.nsw.gov.au/about/Pages/The-Constitution-of-New-South-Wales.aspx|title=The Constitution of New South Wales |website=Parliament.nsw.gov.au |access-date=15 January 2019}}

History

In 1853 the New South Wales Legislative Council, then a unicameral body, with a hybrid of appointed and elected members, passed the New South Wales Constitution Bill in 1853, also referred to as 17 Vic. No 41, which was reserved for the Queen's assent, which the Queen did not give. Instead the Imperial Parliament at Westminster passed what is referred to as the Constitution Statute 1855 (Imp) which included a modified bill as schedule.New South Wales Constitution Act 1855 (18 & 19 Vict. c. 54 (Imp)), sch 1. It was this modified bill to which the Queen assented. The 1902 Act repealed all or part of eight previous Acts.{{Cite Legislation AU|NSW|num_act|ca1902n32215|Constitution Act, 1902}}

class="wikitable mw-collapsible mw-collapsed"

! Act !! Reference !! Extent !! Ref

New Constitution Act 1853 No 41a

| 17 Vic. No. 41.{{Efn|Refers to the 17th year of Queen Victoria's reign, commencing on 20 June 1837, and the 41st Act passed after 20 June 1853.}}

| unrepealed portion

| {{Cite Legislation AU|NSW|num_act|nca1853n41254|New Constitution Act 1853 No14a}}

Civil List Increase Act 1857 No 14a

| 20 Vic. No. 18

| The whole

| {{Cite Legislation AU|NSW|num_act|clia1857n14220|Civil List Increase Act 1857 No 14a}}

Triennial Parliaments Act 1874 No 2a

| 37 Vic. No. 7

| The whole

| {{Cite Legislation AU|NSW|num_act|tpa1874n2258|Triennial Parliaments Act 1874 No 2a}}

Executive Councillors (Functions Substitution) Act No 27a

| 44 Vic. No. 6

| The whole

| {{Cite Legislation AU|NSW|num_act|ecsan27572|Executive Councillors (Functions Substitution) Act}}

Constitution Act Amendment Act of 1884 No 3a

| 47 Vic. No. 5

| The whole

| {{Cite Legislation AU|NSW|num_act|caaao1884n3335|Constitution Act Amendment Act of 1881}}

Constitution Act Amendment Act of 1890 No 1a

| 54 Vic. No. 1

| The whole

| {{Cite Legislation AU|NSW|num_act|caaao1890n1335|Constitution Act Amendment Act of 1890}}

Governor's Salary Act 1901 No 40

| Act No 40, 1901

| Section 2, subsection (4)

| {{Cite Legislation AU|NSW|num_act|gsa1901n40242|Governor's Salary Act, 1901}}

Document structure and text

The Act originally consisted of six parts, to which an additional five parts have since been added.{{cite Legislation AU|NSW|act|ca1902188|Constitution Act 1902}}

  • Part 1 Preliminary.
  • Part 2 Powers of the Legislature.
  • Part 2A The Governor, added in 1987.
  • Part 3 The Legislative Council and Legislative Assembly.
  • Part 4 The Executive.
  • Part 4A Parliamentary Secretaries, added in 1975.
  • Part 5 The Consolidated Fund.
  • Part 6 Officers and staff.
  • Part 7 Administrative arrangements, added in 1984.
  • Part 8 Local government, added in 1986.
  • Part 9 The judiciary, added in 1992.
  • Part 10 Public ownership of Sydney Water Corporation and Hunter Water Corporation, added in 2023.

Alterations to the Constitution

=By parliament=

The Constitution Act 1902Act as made in 1902 was an Act of the New South Wales Parliament. In contrast to the Constitution of Australia it was not approved by a referendum and did not contain any provision requiring a referendum to alter it. In 1929 the parliament passed an amendment to the Constitution Act which inserted section 7A, requiring a referendum before the Legislative Council could be abolished.{{Cite Legislation AU|NSW|num_act|ccaa1929n28475|Constitution (Legislative Council) Amendment Act, 1929}} In 1930 Labor MLCs put forward two bills, one to repeal section 7A, the other to abolish the Council. Believing that a referendum was necessary before the bills could become law, the Legislative Council permitted the bills to pass without a division on 10 December. The validity of section 7A and the inability to repeal the section without a referendum were upheld by the Supreme Court on 23 December 1930,{{cite AustLII|NSWStRp|90|1930|litigants=Trethowan v Peden |parallelcite=(1930) 31 SR (NSW) 183 |date=23 December 1930 |courtname=Supreme Court (Full Court)}}. a majority of the High Court on 16 March 1931,{{cite AustLII|HCA|3|1931|litigants=Attorney-General (New South Wales) v Trethowan |parallelcite=[http://www.austlii.edu.au/au/cases/cth/HCA/1931/3.pdf (1931) 44 CLR 394] |courtname=High Court}}. and the Judicial Committee of the Privy Council on 31 May 1932.{{cite BAILII |litigants=Attorney-General (New South Wales) v Trethowan |year=1932 |court=UKPC |num=1 |parallelcite=[1932] AC 526}}; {{cite AustLII|UKPCHCA|1|1932|parallelcite=(1932) 47 CLR 97 |courtname=auto}}

{{as of|2024|12|}}, the Constitution Act 1902 has been amended through Parliament by the following Acts:[https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/nsw/consol_act/ca1902188/notes.html# CONSTITUTION ACT 1902 - As at 1 July 2024 - Act 32 of 1902 - NOTES] (NSW)

class="wikitable mw-collapsible mw-collapsed"

! Act !! Ref

Parliamentary Elections Act 1906

| {{cite Legislation AU|NSW|num_act|pea1906n41281|Parliamentary Elections Act, 1906}}

Parliamentary Representatives Allowance Act 1912

| {{Cite Legislation AU|NSW|num_act|msa19071908n2241|Ministers' Salaries Act, 1907}}

Parliamentary Representatives Allowance Act 1912

| {{Cite Legislation AU|NSW|num_act|praa1912n19446|Parliamentary Representatives Allowance Act, 1912}}

Parliamentary Electorates and Elections Act 1912

| {{Cite Legislation AU|NSW|repealed_act|peaea1912382|Parliamentary Electorates and Elections Act 1912}}

Parliamentary Representatives Allowance and Ministers' Salaries (Amendment) Act 1920

| {{Cite Legislation AU|NSW|num_act|praamsa1920n20735|Parliamentary Representatives Allowance and Ministers' Salaries (Amendment) Act, 1920}}

Parliamentary Allowances and Salaries Act 1922

| {{Cite Legislation AU|NSW|num_act|paasa1922n2375|Parliamentary Allowances and Salaries Act, 1922}}

Parliamentary Allowances and Salaries Act 1925

| {{Cite Legislation AU|NSW|num_act|paasa1925n6375|Parliamentary Allowances and Salaries Act, 1925}}

Constitution (Amendment) Act 1925{{efn|Took effect in 1926}}

| {{cite Legislation AU|NSW|num_act|ca19251926n1295|Constitution (Amendment) Act, 1925}}

Audit (Amendment) Act 1929

| {{Cite Legislation AU|NSW|num_act|aa1929n12178|Audit (Amendment) Act, 1929}}

Constitution (Legislative Council) Amendment Act 1929

| {{Cite Legislation AU|NSW|num_act|ccaa1929n28475|Constitution (Legislative Council) Amendment Act, 1929}}

Parliamentary Allowances and Salaries Act 1930

| {{Cite Legislation AU|NSW|num_act|paasa1930n8375|Parliamentary Allowances and Salaries Act, 1930}}

Parliamentary Allowances and Salaries Act 1932

|{{Cite Legislation AU|NSW|num_act|paasa1932n48375|Parliamentary Allowances and Salaries Act, 1932}}

Constitution Amendment (Legislative Council) Act, 1932{{efn|Act received Royal Assent in 1933.}}

|{{Cite Legislation AU|NSW|num_act|caca19321933n2475|Constitution Amendment (Legislative Council) Act, 1932}}

Demise of the Crown (Amendment) Act 1936

|{{Cite Legislation AU|NSW|num_act|dotca1936n55294|Demise of the Crown (Amendment) Act, 1936}}

Parliamentary Allowances and Salaries Act 1938

|{{Cite Legislation AU|NSW|num_act|paasa1938n18375|Parliamentary Allowances and Salaries Act, 1938}}

Parliamentary Allowances and Salaries Act 1947

|{{Cite Legislation AU|NSW|num_act|paasa1947n28375|Parliamentary Allowances and Salaries Act, 1947}}

Constitution Amendment (Legislative Council Members Allowances) Act 1948

|{{Cite Legislation AU|NSW|num_act|cacmaa1948n34638|Constitution Amendment (Legislative Council Members Allowances) Act, 1948}}

Parliamentary Allowances and Salaries Act 1951

|{{Cite Legislation AU|NSW|num_act|paasa1951n63375|Parliamentary Allowances and Salaries Act, 1951}}

Parliamentary Allowances and Salaries Act 1956

|{{Cite Legislation AU|NSW|num_act|paasa1956n22375|Parliamentary Allowances and Salaries Act, 1956}}

Parliamentary Allowances and Salaries Act 1959

|{{Cite Legislation AU|NSW|num_act|paasa1959n36375|Parliamentary Allowances and Salaries Act, 1959}}

Constitution (Amendment) Act 1962

|{{Cite Legislation AU|NSW|num_act|ca1962n39295|Constitution (Amendment) Act, 1962}}

Parliamentary Allowances and Salaries (Amendment) Act 1963

|{{Cite Legislation AU|NSW|num_act|paasa1963n36455|Parliamentary Allowances and Salaries (Amendment) Act, 1963}}

Decimal Currency Act 1965

|{{Cite Legislation AU|NSW|num_act|dca1965n33187|Decimal Currency Act, 1965}}

Parliamentary Allowances and Salaries (Amendment) Act 1966

|{{Cite Legislation AU|NSW|num_act|paasa1966n29455|Parliamentary Allowances and Salaries (Amendment) Act, 1966}}

Constitution (Amendment) Act 1968

|{{Cite Legislation AU|NSW|num_act|ca1968n60295|Constitution (Amendment) Act, 1968}}

Parliamentary Allowances and Salaries (Amendment) Act 1971

|{{Cite Legislation AU|NSW|num_act|paasa1969n41455|Parliamentary Allowances and Salaries (Amendment) Act, 1971}}

Reprints Act 1972

|{{Cite Legislation AU|NSW|repealed_act|ra1972132|Reprints Act, 1972}}

Parliamentary Allowances and Salaries (Amendment) Act 1974

|{{Cite Legislation AU|NSW|num_act|paasa1974n7455|Parliamentary Allowances and Salaries (Amendment) Act, 1974}}

Parliamentary Allowances and Salaries (Amendment) Act 1975

|{{Cite Legislation AU|NSW|num_act|paasa1974n7455|Parliamentary Allowances and Salaries (Amendment) Act, 1975}}

Parliamentary Remuneration Tribunal Act 1975

|{{Cite Legislation AU|NSW|num_act|prta1975n25418|Parliamentary Remuneration Tribunal Act, 1975}}

Constitution and Other Acts (Amendment) Act 1975

|{{Cite Legislation AU|NSW|num_act|caoaa1975n67411|Constitution and Other Acts (Amendment) Act, 1975}}

Constitution (Ministers of the Crown) Amendment Act 1976

|{{Cite Legislation AU|NSW|num_act|cotcaa1976n48529|Constitution (Ministers of the Crown) Amendment Act, 1976}}

Constitution (Amendment) Act 1978

|{{Cite Legislation AU|NSW|num_act|ca1978n46295|Constitution (Amendment) Act, 1978}}

Constitution and Parliamentary Electorates and Elections (Amendment) Act 1978

|{{Cite Legislation AU|NSW|num_act|capeaea1978n75672|Constitution and Parliamentary Electorates and Elections (Amendment) Act, 1978}}

Constitution (Amendment) Act 1979

|{{Cite Legislation AU|NSW|num_act|ca1979n38295|Constitution (Amendment) Act, 1979}}

Constitution (Public Service) Amendment Act 1979

|{{Cite Legislation AU|NSW|num_act|csaa1979n91426|Constitution (Public Service) Amendment Act, 1979}}

Constitution (Amendment) Act 1980

|{{Cite Legislation AU|NSW|num_act|ca1980n13295|Constitution (Amendment) Act, 1980}}

Constitution (Legislative Assembly) Amendment Act 1981{{efn|name=Act1981|Act received Royal Assent in 1982 following referendum.}}

|{{Cite Legislation AU|NSW|num_act|caaa1981n102493|Constitution (Legislative Assembly) Amendment Act, 1981}}

Constitution (Disclosures by Members) Amendment Act 1981{{efn|name=Act1981}}

|{{Cite Legislation AU|NSW|num_act|cbmaa1981n103521|Constitution (Disclosures by Members) Amendment Act, 1981}}

Constitution (Consolidated Fund) Amendment Act 1982

|{{Cite Legislation AU|NSW|num_act|cfaa1982n95445|Constitution (Consolidated Fund) Amendment Act, 1982}}

Miscellaneous Acts (Public Finance and Audit) Repeal and Amendment Act 1983

|{{Cite Legislation AU|NSW|num_act|mafaaraaa1983n153537|Miscellaneous Acts (Public Finance and Audit) Repeal and Amendment Act, 1983}}

Constitution (Enrolment of Acts) Amendment Act 1984

|{{Cite Legislation AU|NSW|num_act|coaaa1984n21460|Constitution (Enrolment of Acts) Amendment Act, 1984}}

Statute Law (Miscellaneous Amendments) Act 1984

|{{Cite Legislation AU|NSW|num_act|slaa1984n153413|Statute Law (Miscellaneous Amendments) Act, 1984}}

Statute Law (Miscellaneous Provisions) Act 1986

|{{Cite Legislation AU|NSW|num_act|slpa1986n16461|Statute Law (Miscellaneous Provisions) Act 1986}}

Constitution (Amendment) Act 1986

|{{Cite Legislation AU|NSW|num_act|ca1986n57295|Constitution (Amendment) Act 1986}}

Constitution (Local Government) Amendment Act 1986

|{{Cite Legislation AU|NSW|num_act|cgaa1986n111456|Constitution (Local Government) Amendment Act 1986}}

Statute Law (Miscellaneous Provisions) Act (No 1) 1987

|{{Cite Legislation AU|NSW|num_act|slpa11987n48488|Statute Law (Miscellaneous Provisions) Act (No 1) 1987}}

Constitution (Amendment) Act 1987

|{{Cite Legislation AU|NSW|num_act|ca1987n64295|Constitution (Amendment) Act 1987}}

Constitution (Parliamentary Secretaries) Amendment Act 1988

|{{Cite Legislation AU|NSW|num_act|csaa1988n2546|Constitution (Parliamentary Secretaries) Amendment Act 1988}}

Constitution (Governor's Salary) Amendment Act 1988

|{{Cite Legislation AU|NSW|num_act|csaa1988n52489|Constitution (Governor's Salary) Amendment Act 1988}}

Constitution (Legislative Assembly) Amendment Act 1990

|{{Cite Legislation AU|NSW|num_act|caaa1990n17493|Constitution (Legislative Assembly) Amendment Act 1990}}

Constitution and Parliamentary Electorates and Elections (Amendment) Act 1990

|{{Cite Legislation AU|NSW|num_act|capeaea1990n111672|Constitution and Parliamentary Electorates and Elections (Amendment) Act 1990}}

Statute Law (Miscellaneous Provisions) Act 1991

|{{Cite Legislation AU|NSW|num_act|capeaea1990n111672|Statute Law (Miscellaneous Provisions) Act 1991}}

Constitution (Legislative Council) Amendment Act 1991

|{{Cite Legislation AU|NSW|num_act|ccaa1991n20475|Constitution (Legislative Council) Amendment Act 1991}}

Constitution (Legislative Council) Further Amendment Act 1991

|{{Cite Legislation AU|NSW|num_act|ccfaa1991n61564|Constitution (Legislative Council) Further Amendment Act 1991}}

Constitution (Amendment) Act 1992

|{{Cite Legislation AU|NSW|num_act|ca1992n106295|Constitution (Amendment) Act 1992}}

Constitution (Fixed Term Parliaments) Amendment Act 1993{{efn|name=Act1992|Act received Royal Assent in 1995 following referendum.}}

|{{Cite Legislation AU|NSW|num_act|ctpaa19931995n1507|Constitution (Fixed Term Parliaments) Amendment Act 1993}}

Constitution (Entrenchment) Amendment Act 1992{{efn|name=Act1992}}

|{{Cite Legislation AU|NSW|num_act|caa19921995n2422|Constitution (Entrenchment) Amendment Act 1992}}

Public Sector Management Amendment Act 1995

|{{Cite Legislation AU|NSW|num_act|psmaa1995n36342|Public Sector Management Amendment Act 1995}}

Industrial Relations Act 1996

|{{Cite Legislation AU|NSW|act|ira1996242|Industrial Relations Act 1996}}

Constitution and Parliamentary Electorates and Elections Amendment Act 1997

|{{Cite Legislation AU|NSW|num_act|capeaeaa1997n88672|Constitution and Parliamentary Electorates and Elections Amendment Act 1997}}

Statute Law (Miscellaneous Provisions) Act 1999

|{{Cite Legislation AU|NSW|num_act|slpa1999n31461|Statute Law (Miscellaneous Provisions) Act 1999}}

Crimes Legislation Amendment (Sentencing) Act 1999

|{{Cite Legislation AU|NSW|num_act|claa1999n94401|Crimes Legislation Amendment (Sentencing) Act 1999}}

Constitution Amendment Act 2000

|{{Cite Legislation AU|NSW|num_act|caa2000n30295|Constitution Amendment Act 2000}}

Constitution Amendment (Governor's Salary) Act 2003

|{{Cite Legislation AU|NSW|num_act|casa2003n66489|Constitution Amendment (Governor's Salary) Act 2003}}

Courts Legislation Amendment Act 2005

|{{Cite Legislation AU|NSW|repealed_act|claa2005303|Courts Legislation Amendment Act 2005}}

Constitution Amendment (Pledge of Loyalty) Act 2006

|{{Cite Legislation AU|NSW|num_act|caola2006n6460|Constitution Amendment (Pledge of Loyalty) Act 2006}}

Constitution Amendment (Governor) Act 2006

|{{Cite Legislation AU|NSW|num_act|caa2006n32401|Constitution Amendment (Governor) Act 2006}}

Statute Law (Miscellaneous Provisions) Act 2007

|{{Cite Legislation AU|NSW|repealed_act|slpa2007434|Statute Law (Miscellaneous Provisions) Act 2007}}

Constitution Amendment (Speaker) Act 2007

|{{Cite Legislation AU|NSW|num_act|caa2007n31363|Constitution Amendment (Speaker) Act 2007}}

Miscellaneous Acts (Local Court) Amendment Act 2007

|{{Cite Legislation AU|NSW|repealed_act|macaa2007385|Miscellaneous Acts (Local Court) Amendment Act 2007}}

Statute Law (Miscellaneous Provisions) Act (No 2) 2008

|{{Cite Legislation AU|repealed_act|slpa22008461|Statute Law (Miscellaneous Provisions) Act (No 2) 2008}}

Children Legislation Amendment (Wood Inquiry Recommendations) Act 2009

|{{Cite Legislation AU|NSW|repealed_act|claira2009590|Children Legislation Amendment (Wood Inquiry Recommendations) Act 2009}}

Parliamentary Remuneration Amendment (Salary Packaging) Act 2009

|{{Cite Legislation AU|NSW|repealed_act|prapa2009512|Parliamentary Remuneration Amendment (Salary Packaging) Act 2009}}

Constitution Amendment (Lieutenant-Governor) Act 2009

|{{Cite Legislation AU|NSW|num_act|caa2009n83512|Constitution Amendment (Lieutenant-Governor) Act 2009}}

Constitution Amendment (Recognition of Aboriginal People) Act 2010

|{{Cite Legislation AU|NSW|num_act|caoapa2010n75573|Constitution Amendment (Recognition of Aboriginal People) Act 2010}}

Constitution Amendment (Prorogation of Parliament) Act 2011

|{{Cite Legislation AU|NSW|num_act|caopa2011n3550|Constitution Amendment (Prorogation of Parliament) Act 2011}}

Constitution Amendment (Restoration of Oaths of Allegiance) Act 2012

|{{Cite Legislation AU|NSW|num_act|caoooaa2012n33593|Constitution Amendment (Restoration of Oaths of Allegiance) Act 2012}}

Government Sector Employment Act 2013

|{{Cite Legislation AU|NSW|act|gsea2013346|Government Sector Employment Act 2013}}

Statute Law (Miscellaneous Provisions) Act 2014

|{{Cite Legislation AU|repealed_act|slpa2014434|Statute Law (Miscellaneous Provisions) Act 2014}}

Constitution Amendment (Parliamentary Presiding Officers) Act 2014

|{{Cite Legislation AU|NSW|num_act|capoa2014n61600|Constitution Amendment (Parliamentary Presiding Officers) Act 2014}}

Government Sector Employment Legislation Amendment Act 2016

|{{Cite Legislation AU|NSW|repealed_act|gselaa2016538|Government Sector Employment Legislation Amendment Act 2016}}

Crown Land Legislation Amendment Act 2017

|{{Cite Legislation AU|NSW|repealed_act|cllaa2017308|Crown Land Legislation Amendment Act 2017}}

Electoral Act 2017

|{{Cite Legislation AU|NSW|act|ea2017103|Electoral Act 2017}}

COVID-19 Legislation Amendment (Emergency Measures) Act 2020

|{{Cite Legislation AU|NSW|repealed_act|c19lama2020440|COVID-19 Legislation Amendment (Emergency Measures) Act 2020}}

COVID-19 Legislation Amendment (Stronger Communities and Health) Act 2021

|{{Cite Legislation AU|NSW|num_act|c19lacaha2021n4590|COVID-19 Legislation Amendment (Stronger Communities and Health) Act 2021}}

COVID-19 and Other Legislation Amendment (Regulatory Reforms) Act 2022

|{{Cite Legislation AU|NSW|act|c19aolara2022557|COVID-19 and Other Legislation Amendment (Regulatory Reforms) Act 2022}}

Constitution Amendment (Virtual Attendance) Act 2022

|{{Cite Legislation AU|NSW|num_act|caaa2022n15468|Constitution Amendment (Virtual Attendance) Act 2022}}

Constitution Amendment (Appointment of Lieutenant-Governor and Administrator) Act 2022

|{{Cite Legislation AU|NSW|num_act|caolaaa2022n56827|Constitution Amendment (Appointment of Lieutenant-Governor and Administrator) Act 2022}}

Integrity Legislation Amendment Act 2022

|{{Cite Legislation AU|NSW|num_act|ilaa2022n77358|Integrity Legislation Amendment Act 2022}}

Constitution Amendment (Sydney Water and Hunter Water) Act 2023

|{{Cite Legislation AU|NSW|num_act|cawahwa2023n5601|Constitution Amendment (Sydney Water and Hunter Water) Act 2023}}

Constitution Amendment (Executive Council) Act 2024

|{{Cite Legislation AU|NSW|num_act|cawahwa2023n5601|Constitution Amendment (Executive Council) Act 2024}}

Government Sector Employment and Other Legislation Amendment Act 2024

|{{Cite Legislation AU|NSW|num_act|gseaolaa2024n35642|Government Sector Employment and Other Legislation Amendment Act 2024}}

=Referendums=

There have been 18 referendums in New South Wales, 8 of which concerned proposals to amend the New South Wales Constitution, half of which concerned the Legislative Council. The list does not include referendums that did not involve changes to the NSW constitution, such as the 1898 and 1899 referendums on the proposed constitution of Australia, the 1903 referendum on the number of Members of the Legislative Assembly and the 5 referendums on the sale of alcohol.{{cite web|url=https://www.parliament.nsw.gov.au/about/Pages/Referendums-in-New-South-Wales.aspx |url-status=live |archive-date=15 December 2024 |archive-url=https://web.archive.org/web/20241215010547/https://www.parliament.nsw.gov.au/about/Pages/Referendums-in-New-South-Wales.aspx |title=Referendums in New South Wales |website=Parliament.nsw.gov.au |access-date=2021-10-11}}

class="wikitable"

|+Results of referendums

align="left" | Year

! align="right" | #

! align="left" | Name

! Yes

! No

! Ref

1933

| 4

| Reform the Legislative Council

| {{Yes|51.47}}

| align="center" | 48.53

| {{cite web |title=Referendum 13 May 1933 |url=http://www.elections.nsw.gov.au/results/referendums_and_polls/state/13_may_1933 |url-status=dead |archive-url=https://web.archive.org/web/20110218192415/http://www.elections.nsw.gov.au/results/referendums_and_polls/state/13_may_1933 |archive-date=2011-02-18 |website=NSW Electoral Commission}}

1961

| 7

| Abolish the Legislative Council

| align="center" | 42.42

| {{No|57.58}}

| {{cite web |title=Referendum 29 April 1961 |url=http://www.elections.nsw.gov.au/results/referendums_and_polls/state/29_april_1961 |url-status=dead |archive-url=https://web.archive.org/web/20110218192200/http://www.elections.nsw.gov.au/results/referendums_and_polls/state/29_april_1961 |archive-date=2011-02-18 |website=NSW Electoral Commission}}

1978

| 11

| Election of Legislative Council

| {{Yes|84.81}}

| align="center" | 15.19

| {{cite web |title=Referendum 17 June 1978 |url=http://www.elections.nsw.gov.au/results/referendums_and_polls/state/17_june_1978 |url-status=dead |archive-url=https://web.archive.org/web/20110218191815/http://www.elections.nsw.gov.au/results/referendums_and_polls/state/17_june_1978 |archive-date=2011-02-18 |website=NSW Electoral Commission}}

rowspan="2" | 1981

| 12

| 4 year terms

| {{Yes|69.04}}

| align="center" | 30.96

| {{cite web|title=Referendum 19 September 1981 |url=http://www.elections.nsw.gov.au/results/referendums_and_polls/state/19_september_1981 |url-status=dead |archive-url=https://web.archive.org/web/20110218191737/http://www.elections.nsw.gov.au/results/referendums_and_polls/state/19_september_1981 |archive-date=2011-02-18 |website=NSW Electoral Commission}}

13

| Disclosure of pecuniary interests

| {{Yes|86.01}}

| align="center" | 13.99

|

1991

| 14

| Reduce size of Legislative Council

| {{Yes|57.73}}

| align="center" | 42.27

| {{cite web|title=Referendum 25 May 1991 |url=http://www.elections.nsw.gov.au/results/referendums_and_polls/state/25_may_1991 |url-status=dead |archive-url=https://web.archive.org/web/20110218191646/http://www.elections.nsw.gov.au/results/referendums_and_polls/state/25_may_1991 |archive-date=2011-02-18 |website=NSW Electoral Commission}}

rowspan="2" | 1995

| 15

| Fixed terms of parliament

| {{Yes|75.48}}

| align="center" | 24.52

| {{cite web|title=Referendum 25 March 1995 |url=http://www.elections.nsw.gov.au/results/referendums_and_polls/state/25_march_1995 |url-status=dead |archive-url=https://web.archive.org/web/20110218191601/http://www.elections.nsw.gov.au/results/referendums_and_polls/state/25_march_1995 |archive-date=2011-02-18 |website=NSW Electoral Commission}}

16

| Judicial independence

| {{Yes|65.90}}

| align="center" | 34.10

|

Effect of the Constitution of Australia

The Constitution of Australia sets up the Commonwealth of Australia as a federation, with limited specific powers conferred on the Federal Parliament. The relationship between the states and the Commonwealth are dealt with in chapter V, including section 109 which provides that state laws are invalid to the extent of any inconsistency with federal laws. For the first two decades, the High Court preserved much of the financial and political independence of the states by adopting the reserved state powers and the implied inter-governmental immunities doctrine. These doctrines protected both the Commonwealth and the states from legislative or executive actions which "would fetter, control, or interfere with, the free exercise" of the legislative or executive power of the other.{{cite book |last=Zines |first=Leslie |url=https://books.google.com/books?id=j7xQAQAAIAAJ |title=The Convention Debates 1891–1898: commentaries, indices and guide |publisher=Legal Books |year=1986 |isbn=9780949553171 |editor-last=Craven |editor-first=Gregory |editor-link=Greg Craven (academic) |location=Sydney |page=81 |chapter=The Federal Balance and the Position of the States |author-link=Leslie Zines}}.{{cite AustLII|HCA|1|1904|litigants=D'Emden v Pedder |parallelcite=[http://www.austlii.edu.au/au/cases/cth/HCA/1904/1.pdf (1904) 1 CLR 91]}}.{{cite AustLII|HCA|94|1906|litigants=Railway servants case |link=Federated Amalgamated Government Railway & Tramway Service Association v NSW Rail Traffic Employees Association |parallelcite=[http://www.austlii.edu.au/au/cases/cth/HCA/1906/94.pdf (1906) 1 CLR 488]}} at p. 534 & 537-8. These doctrines were subsequently rejected by the court in the 1920 Engineers' Case{{cite AustLII|HCA|54|1920|litigants=Amalgamated Society of Engineers v Adelaide Steamship Co Ltd (Engineers' Case) |parallelcite=[http://www.austlii.edu.au/au/cases/cth/HCA/1920/54.pdf (1920) 28 CLR 129]}}. after the composition of the court changed.

The High Court has held that the structure and text of the Constitution of Australia is such that the it protects the independence of the State Supreme Courts and a state parliament cannot assign powers that are incompatible with that independence,{{cite AustLII|litigants=Kable v Director of Public Prosecutions (NSW)|court=HCA|num=24|year=1996|parallelcite=(1996) 189 CLR 51 |courtname=auto}}. nor prevent State Supreme Courts from issuing prerogative relief for jurisdictional error.{{cite AustLII|litigants=Kirk v Industrial Relations Commission; Kirk Group Holdings Pty Ltd v WorkCover Authority of New South Wales (Inspector Childs)|court=HCA|num=1|year=2010|parallelcite=(2010) 239 CLR 531 |courtname=auto |date=3 February 2010}}

See also

Notes

{{Notelist}}

References

{{Reflist}}

External links

  • {{wikisource-inline|Constitution Act 1902 (New South Wales)|single=true}}, original version
  • The full text of [https://legislation.nsw.gov.au/view/html/inforce/current/act-1902-032 Constitution Act 1902 No 32] at NSW legislation, current version

{{Australia topic|title=Constitutions of Australia|prefix=Constitution of|VI=Victoria|exclude-ext=y|group1=Commonwealth|list1=Australia|group5={{nowrap|External territories}}|list5=Norfolk Island}}

Category:New South Wales legislation

New South Wales