Members of the

New South Wales Legislative Council The New South Wales Legislative Council, often referred to as the upper house, is one of the two chambers of the parliament of the Australian state of New South Wales. The other is the Legislative Assembly. Both sit at Parliament House in th ...

who served from 1930 to 1932 were appointed for life by the

Governor A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...

on the advice of the

Premier Premier is a title for the head of government in central governments, state governments and local governments of some countries. A second in command to a premier is designated as a deputy premier. A premier will normally be a head of governm ...

. This list includes members between the 1930 state election on 25 October 1930 and the 1932 state election on 11 June 1932. The

President President most commonly refers to: *President (corporate title) *President (education), a leader of a college or university *President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ful ...

was Sir John Peden. The

Jack Lang had been seeking to swamp the council, however the Governor

Sir Philip Game Sir Philip Woolcott Game, (30 March 1876 – 4 February 1961) was a British Royal Air Force commander, who later served as Governor of New South Wales and Commissioner of Police of the Metropolis (London). Born in Surrey in 1876, Game was educa ...

had declined to do so in November 1930, March, June and September 1931 when Lang sought 70 new members be appointed. In November 1931 Lang dropped his request to 25 new members and the governor agreed to the request. This raised the number of members of the council from 85 to 110. In 1930 Labor put forward two bills, one to repeal section 7A of the NSW Constitution (which prevented the abolition of the Council without a referendum), the other to abolish the Council. Believing that a

referendum A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a ...

was necessary before the bills could become law, the Legislative Council permitted the bills to pass without a division on 10 December. Lang then announced his intention of presenting the bills for Game's

Royal assent Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in other ...

without a referendum. The following day, two members of the Legislative Council,

Thomas Playfair John Thomas Playfair (1832 – 15 November 1893) was an English-born Australian butcher, ship's providore, politician and benefactor. Early life John Thomas Playfair, known as Thomas Playfair, the eldest son of tailor Thomas Playfair a ...

and

Arthur Trethowan Sir Arthur King Trethowan Order of St Michael and St George, (14 September 1863 – 26 November 1937) was an Australian politician. Born in Creswick, Victoria, to auctioneer Samuel Trethowan and Charlotte King, he attended Creswick Grammar ...

, applied for and were granted an injunction by the

Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...

preventing the President of the Council and the ministers from presenting the bills to the Governor without having held a referendum. Peden, despite being named as the first defendant, did not defend the case as he was convinced of section 7A's validity under the

Colonial Laws Validity Act 1865 The Colonial Laws Validity Act 1865 (28 & 29 Vict. c. 63) is an Act of the Parliament of the United Kingdom. Its long title is "An Act to remove Doubts as to the Validity of Colonial Laws". The purpose of the Act was to remove any apparent inco ...

. The injunction was upheld by the Full Court of the Supreme Court on 23 December. Lang's appeal to the

High Court of Australia The High Court of Australia is Australia's apex court. It exercises Original jurisdiction, original and appellate jurisdiction on matters specified within Constitution of Australia, Australia's Constitution. The High Court was established fol ...

was rejected by a majority of the court in ''

Attorney-General (New South Wales) v Trethowan In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have exec ...

'' on 16 March 1931. Lang then appealed this decision to the

Judicial Committee of the Privy Council The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 Augus ...

in London, which delayed hearing the appeal until April 1932. The appeal was finally resolved with the judgment of the Judicial Committee of the Privy Council on 31 May 1932 which dismissed the appeal.; The bills repealing Section 7A and abolishing the Legislative Council could not therefore be presented to the Governor for assent as they had been passed in a referendum.

Notes

References

{{DEFAULTSORT:Members of the New South Wales Legislative Council, 1930-1932 Members of New South Wales parliaments by term 20th-century Australian politicians

See also

Notes

References