Australia's Constitutional Milestones

1787

Captain Arthur Phillip received commissions for the establishment and the government of the colony of New South Wales.

1788
(26 January)

Captain Phillip took possession of Australia in the name of the Sovereign.

1803

Van Diemens Land (Tasmania) settled from New South Wales.

1813
(4 February)

Van Diemens Land (previously divided) to be ruled as a single unit.

1823

• New South Wales given status of full colony
• New South Wales Legislative Council established (appointed)
• Executive Council established, and
• a form of judicial review established

New South Wales Act 1823 (UK)

1825
(17 July)

Van Diemens Land Legislative Council established (appointed).

New South Wales Act 1823 (UK)

1825
(3 December)

Van Diemens Land separated from New South Wales by proclamation.

1827

The area that later became the Northern Territory was included in New South Wales.

1828

Some major changes were made in government in the colonies:

• laws and statutes of England to operate in New South Wales and Van Diemens Land
• legislation required a Legislative Council majority to be passed
• repugnancy test for all legislation, and
• trial by jury was now possible.

Act to provide for the administration of justice in New South Wales and Van Diemen's Land, and for the more effectual government thereof 1828 (UK)

1829

Government established in Western Australia.

An Act to providefor the government ofWestern Australia 1829 (UK)

1830

Western Australian Legislative Council established (appointed).

Order in Council

1834

Government established in South Australia.

South Australian Colonization Act 1834 (UK)

1842

South Australian Legislative Council established (appointed).

Act for the better Government of South Australia 1842 (UK)

1850

• Port Phillip district separated from New South Wales
• legislative powers of colonies confirmed, and power given them to make their own constitutions, and
• part-elected Legislative Councils established in New South Wales, South Australia and Tasmania.

Australian Constitutions Act 1850 (UK)

1854

Responsible government established in Tasmania.

Constitution Act 1854 (Tas)

1855

Responsible government established in New South Wales.

Responsible government established in Victoria.

Constitution Act 1855 (NSW)

Constitution Act 1855 (VIC)

1856

Responsible government established in South Australia.

Constitution Act 1856 (SA)

1859

Queensland separated from New South Wales; responsible government established.

Letters Patent erecting Moreton Bay into a Colony, under the name of Queensland1859

Order in Council empowering the governor of Queensland to make laws, and to provide for the Administration of Justice

1863

Crown annexed to South Australia that part of New South Wales that eventually became the Northern Territory.

Letters Patent

1863

The settlement of the Northern Territory was to be regulated.

Northern Territory Act 1863 (SA)

1865

The range of legislative activity of the colonies was enlarged, especially in giving parliaments the power to pass laws with regard to each colonys constitution.

But there were two major restrictions that continued into the 20^th Century:

• state legislation must not be repugnant to Imperial legislation extending to the colonies, and
• colonial parliaments could only amend their constitutions in accordance with the manner and form laid down by existing law

Colonial Laws Validity Act 1865 (UK)

1867

Queensland Constitution consolidated from existing legislation.

Constitution Act 1867 (QLD)

1870

Western Australian Legislative Council (part-elected).

Ordinance to provide for the establishment of a Legislative Council1870 (WA)

1883

Intercolonial Convention, Sydney, attended by all colonies plus New Zealand and Fiji. Resolutions included:

• support for a Federal Union, and
• a call for the establishment of a Federal Australasian Council

1885

Federal Council of Australasia established. It was an intercolonial body with limited legislative power. It met intermittently between 1886 and 1899. New South Wales never joined the Council.

Act to Constitute a Federal Council of Australasia 1885 (UK)

Act to bring into operationAct of Imperial Parliament1885 (Vic)

Federal Council (Adopting) Act 1885 (Qld)

Federal Council (Adopting) Act 1885 (WA)

The (Tasmanian) Federal Council Act 1885 (Tas)

Federal Council Adopting Act 1888 (SA)

1889

UK Government commissioned Major-General Edwards to report on Australian colonial defences. Edwards report called for the federation of the forces of all Australian colonies.

1889
(24 October)

Tenterfield Address of Sir Henry Parkes, where he spoke of creating a great national Government for all Australia.

Sydney Morning Herald, 26 October 1889

1889

Responsible government established in Western Australia.

Constitution Act 1889 (WA)

1890
(6-14 February)

Federation Conference, Melbourne, attended by all colonies plus New Zealand. It resolved in favour of an early union under the Crown, and the creation of a National Australasian Convention to draft a national constitution.

Official Record of the Proceedings and Debates of the Australasian Federation Conference, 1890

1891
(2 March9 April)

National Australasian Federation Convention, Sydney, attended by all colonies plus New Zealand. a constitution was drafted but was not later proceeded with by the colonial parliaments. It eventually became the basis of the constitution drafted in 18978.

Official Report of the National Australasian Convention Debates, 1891

1893
(31 July1 August)

The Corowa Conference, sponsored by federation leagues along New South Wales and Victorian border, called for a federal convention to consider a new constitution.

1894
(22 May)

Sir George Dibbs, Premier of New South Wales, proposed a scheme of unitary government for the Australian colonies.

Sydney Morning Herald, 12 June 1894

1895
(29 January)

Premiers meeting in Hobart resolved that an intercolonial convention be held to draft a constitution.

1896
(November)

Peoples Federal Convention, Bathurst, discussed federation at length, using the 1891 draft constitution as the basis for discussion.

Proceedings of the Bathurst People's Federal Convention

1897
(22 March-

5 May)

National Australasian Federation Convention, Adelaide session. Queensland did not send delegates. At this and subsequent sessions, most of the final Constitution was drafted. Its most important feature was its establishment of a federal system of government.

Official Report of the National Australasian Convention Debates, Adelaide 1897

1897 (2-24 September)

National Australasian Federation Convention, Sydney session.

Official Record of the National Australasian Convention Debates, Sydney 1897

1898
(20 January-17 March)

National Australasian Federation Convention, Melbourne session.

Official Record of the National Australasian Convention Debates, Melbourne 1898

1898
(3 June)

Constitutional referenda to approve the draft constitution, New South Wales (failed), Victoria, Tasmania (both approved).

1898
(4 June)

Constitutional referendum in South Australia to approve the draft constitution (approved).

1899
(24-27 January)

A special Premiers Conference made various alterations to the draft constitution to make it more acceptable to New South Wales.

1899
(29 April)

Constitutional referendum in South Australia to approve the revised draft constitution (approved).

1899
(20 June)

Constitutional referendum in New South Wales to approve the revised draft constitution (approved).

1899
(27 July)

Constitutional referenda in Victoria and Tasmania to approve the revised draft constitution (both approved).

1899
(2 September)

Constitutional referendum in Queensland to approve the revised draft constitution (approved).

1900
(31 July)

Constitutional referendum in Western Australia to approve the constitution (approved). This was held after the new constitution was enacted, but before it was proclaimed.

1900
(29 October)

Formal establishment of office of Governor-General.

Letters Patent 29 October 1900

1900
(29 October)

Governor-General required to execute specific powers of the office of Governor-General.

Royal Instructions 29 October 1900

1901
(1 January)

The Constitution took effect when the Commonwealth of Australia was inaugurated.

Commonwealth Of Australia Constitution Act 1900 (UK)

1902
(9, 10 October)

Amendments proposed by Governor-General Tennyson to the Electoral Bill 1902 agreed to by Parliament.

House of Representatives, V&P 19012

Senate, Journals 19012

1903
(26, 27 August)

Amendments proposed by Governor-General Tennyson to the High Court Procedure Bill 1903 agreed to by Parliament.

House of Representatives, V&P 1903

Senate, Journals 1903

1903

The High Court of Australia established in accordance with Chapter III of the Constitution.

Judiciary Act 1903

1904

The federal system of conciliation and arbitration was established, featuring the Commonwealth Court of Conciliation and Arbitration.

Commonwealth Conciliation and Arbitration Act 1904

1904

A Colonial Conference, held in London, included governments from all parts of the British Empire, in recognition of their independent status.

1905
(2, 16 November)

Amendments proposed by Governor-General Northcote to the Life Assurance Companies Bill 1905 agreed to with amendments by the House of Representatives, and agreed to (with House amendments) by the Senate.

House of Representatives, Votes & Proceedings 1905

Senate, Journals 1905

1906
(11, 12 October)

Amendments proposed by Governor-General Northcote to the Customs Tariff (British Preference) Bill 1906 agreed to by the House of Representatives, but rejected by the Senate.

The Governor-General reserved the Bill for the signification of Royal pleasure thereon.

House of Representatives, Votes & Proceedings 1906

Senate, Journals 1906

1906
(12 December)

Constitutional amendment carried involving changes to Senators terms.

Constitution Alteration (Senate Elections) Act 1906 (Cwth)

1907

The reservation powers of governors was limited to Bills which altered the constitution or legislature of a State.

Australian States Constitution Act 1907 (UK)

1910
(13 April)

Constitutional amendment carried giving the Commonwealth unrestricted power to take over state debts.

Constitution Alteration (State Debts) Act 1909 (Cwth)

1910

First regularised scheme of Commonwealth grants to states.

Surplus Revenue Act 1910 (Cwth)

1911

Northern Territory separated from South Australia.

Northern Territory Surrender Act 1907 (SA)

Northern Territory Acceptance Act 1910 (Cwth)

Northern Territory (Administration) Act 1910 (Cwth)

1911

Australian Capital Territory separated from New South Wales.

Seat of Government Acceptance Act 1909 (Cwth)

Seat of Government (Administration) Act 1910 (Cwth)

1911
(12, 13 December)

Amendments proposed by Governor-General Denman to the Seamens Compensation Bill 1911 agreed to by Parliament.

House of Representatives, Votes & Proceedings 1911

Senate, Journals 1911

1912
(18, 24 December)

Amendments proposed by Governor-General Denman to the Navigation Bill 1912 agreed to by Parliament.

The Governor-General reserved the Bill for the signification of His Majestys pleasure thereon.

House of Representatives, Votes & Proceedings 1912

Senate, Journals 1912

1914-19

Colonial involvement in the British Imperial War Cabinet and in post-war peace discussions. Australia was separately represented at the Peace Conference.

1920

Australia was an independent (and founding) member of the League of Nations.

1920

The High Court overturned the doctrines of implied immunities and reserved State powers previously underpinning High Court cases on intergovernmental relations.

Since then, High Court interpretation of the Constitution has given the Commonwealth economic and other powers greater than envisaged by the Constitution-writers. The Commonwealth's pre-eminence in the Australian federal system has thus been underpinned by this decision.

Amalgamated Society of Engineers v Adelaide Steamship Co Ltd (1920) 28 CLR 129 (the Engineers Case)

1921
(9 December)

Amendments proposed by Governor-General Forster to the Customs Tariff Bill 1921 agreed to by Parliament.

House of Representatives, Votes & Proceedings 1921

Senate, Journals 1921

1922

Queensland Legislative Council abolished.

Constitution Act Amendment Act 1922 (QLD)

1926

The High Court confirmed that specific purpose payments from the Commonwealth to the States could be directed to areas of government responsibility that were not included in formal Commonwealth responsibilities.

Victoria v Commonwealth (1926) 38 CLP 399 (Roads Case)

1926

The Balfour Declaration recognised that the self-governing communities comprised of Great Britain and the dominions were autonomous within the British Empire, equal in status, in no way subordinate to another in any aspect of their domestic or external affairs

Governors-General were to be regarded as representatives of the Crown and were not in any sense representatives of, or answerable to, the British Government.

Imperial Conference 1926 Summary of Proceedings

1926
(2, 7 July)

Amendments proposed by Deputy Governor-General Somers to the Customs Tariff Bill 1926 agreed to by Parliament.

House of Representatives, Votes & Proceedings 1926-27-28

Senate, Journals 1926-27-28

1927

The Financial Agreement established the Loan Council, designed to bring governmental borrowing under central control. A new arrangement for Commonwealth grants to the states was put in place.

Financial Agreement Act 1928 (Cwth)

1927-29

Royal Commission on the Constitution investigated various matters relating to the Constitution:

• powers of the Commonwealth
• working of Constitution since Federation
• possible changes to the Constitution, and
• a number of specific matters including aviation, company law and health.

Report of the Royal Commission on the Constitution, 1929

1928
(29 March)

Amendment proposed by Governor-General Stonehaven to the Excise Tariff Bill 1927 agreed to by Parliament.

House of Representatives, Votes & Proceedings 1926-27-28

Senate, Journals 1926-27-28

1928
(17 November)

Constitutional amendment carried giving constitutional validity to the Loan Council.

Constitution Alteration (State Debts) Act 1928 (Cwth)

1930

In the wake of the controversial appointment of Australian-born Governor-General Isaacs, an Imperial Conference accepted that henceforth the monarch would act on the advice of the relevant country, and not the British Government, in appointing a Governor-General.

1931

As a follow-up to the 1926 Imperial Conference, the Dominions were declared to be autonomous Communities within the British Empire, equal in status, in no way subordinate to one another in any respect of their domestic or external affairs, though united one to another by a common allegiance to the Crown, and freely associated as members of the British Commonwealth of Nations.

This was a major landmark in the shift from the notion of the British Empire to the British Commonwealth of Nations; from colonial status to national independence. Once the statute was adopted by a Dominion, it released that Dominion from:

• restrictions on its power to enact legislation outside its territory
• the overriding force of existing British law, and
• further British legislation, unless requested and consented to by the Dominion concerned.

However, two impediments to full Australian legal independence remained:

• the United Kingdom parliament could still legislate for the Commonwealth, though only following the Commonwealths request and consent for it to do so, and
• The states were still bound by the repugnancy doctrine laid down in the Colonial Laws Validity Act 1865.

Statute of Westminster 1931 (UK)

1931
(5, 8 August)

Amendment proposed by Governor-General Isaacs to the Income Tax Bill 1931 agreed to by Parliament.

House of Representatives, Votes & Proceedings 1929-30-31

Senate, Journals 1929-30-31

1932
(13 May)

Dismissal of New South Wales Government by Governor.

1933

Commonwealth Grants Commission established to advise the Commonwealth Government on state applications for financial assistance.

Commonwealth Grants Commission Act 1933 (Cwth)

1934
(16-18 February)

A conference of Commonwealth and state ministers met at Melbourne to discuss aspects of the federal system.

Conference of Commonwealth and State Ministers on Constitutional Matters 1934

1939
(3 September)

Australia was considered to be automatically at war with Germany following the declaration of war by the United Kingdom. Australia therefore made no general declaration of war.

Commonwealth of Australia Gazette, 3 September 1939

1942
(24 November-2 December)

Convention of Commonwealth and State representatives to discuss the question of giving the Commonwealth Parliament extra powers in relation to the matter of post-war reconstruction.

Convention of Representatives of the Commonwealth and State Parliaments on Proposed Alteration of the Commonwealth Constitution. Record of Proceedings.

1942

The Statute of Westminster was adopted by the Commonwealth Parliament, with the adoption being back-dated to 3 September 1939, the date on which war was declared on Germany by the United Kingdom.

Statute of Westminster Adoption Act 1942 (Cwth)

1942

Commonwealth legislation established the Commonwealth's effective monopoly over income taxation. This was confirmed in the First Uniform Tax Case.

South Australia v Commonwealth (1942) 65 CLR 373 (First Uniform Tax Case)

1946
(28 September)

Constitutional amendment carried giving the Commonwealth power to make special laws with respect to certain social services.

Constitution Alteration (Social Services) Act 1946 (Cwth)

1948

First Australian citizenship legislation passed.

Nationality and Citizenship Act 1948 (Cwth)

1953

The Royal Style and Title of the sovereign appropriate to Australia specified.

Royal Style and Titles Act 1953 (Cwth)

1953

Any power existing under a statute exercisable by the Governor-General could be exercised by the sovereign when personally in Australia.

Royal Powers Act 1953 (Cwth)

1956-59

The Joint Committee on Constitutional Review was appointed to review the Constitution and to make any recommendations for constitutional amendment that it thought necessary.

Report from the Joint Committee on Constitutional Review, 1959

1957

Commonwealth monopoly over income taxation remained in place, despite a second State challenge.

Victoria v Commonwealth (1957) 99 CLR 575 (Second Uniform Tax Case)

1967
(27 May)

Constitutional amendment carried giving the Commonwealth power to make special laws with respect to Aborigines living in the states and to include Indigenous peoples in the national census.

Constitution Alteration (Aboriginals) Act 1967 (Cwth)

1968

Matters which could be appealed from the High Court to the Privy Council were limited, and appeals to the Privy Council from other federal courts and territory supreme courts were abolished.

Privy Council (Limitation of Appeals) Act 1968

1971

As a consequence of a High Court decision, the Commonwealth gained power to control a substantial part of Australian trade when conducted by corporations.

Strickland v Rocla Concrete Pipes Ltd (1971) 124 CLR 468

1973

The Queen was created Queen of Australia.

Royal Styles and Titles Act 1973 (Cwth)

1973
(3-7 September)

Victoria called upon other governments to join in a constitutional convention to consider problems of Australian federalism.

Australian Constitutional Convention, Sydney session.

Proceedings of the Australian Constitutional Convention 1973

1975

The High Court confirmed that sovereign rights over territorial seas and the continental shelf are vested in the Commonwealth.

New South Wales v Commonwealth (1975) 135 CLR 337

1975

Privy Council (Appeals from the High Court) Act 1975 prevented appeals being taken from the High Court to the Privy Council without a certificate from the High Court. The High Court has said it will not issue such a certificate.

1975
(5, March)

Amendment proposed by Administrator Cutler to the Privy Council (Appeals from the High Court) Bill 1975 agreed to by Parliament.

House of Representatives, Votes & Proceedings 1974-75

Senate, Journals 1974-75

1975
(24-26 September)

Australian Constitutional Convention, Melbourne session

Proceedings of the Australian Constitutional Convention 1975

1975
(11 November)

Dismissal of Commonwealth Government by Governor-General.

1975
(16 November)

In regard to the dismissal of the Commonwealth Government, the Queen declared, in a letter to the Speaker of House of Representatives, her inability to intervene in person in matters which are so clearly placed within the jurisdiction of the Governor-General by the Constitution Act.

1976
(27-29 October)

Australian Constitutional Convention, Hobart session

Proceedings of the Australian Constitutional Convention 1976

1977
(21 May)

Constitutional amendments carried:

• aimed at ensuring that a replacement senator should be from the same party as the departing Senator
• giving voters residing in the Australian Capital Territory and the Northern Territory the right to vote in constitutional referenda, and
• providing a retirement age for all federal judges

Constitution Alteration (Senate Casual Vacancies) Act 1977 (Cwth)

Constitution Alteration (Referendums) Act 1977 (Cwth)

Constitution Alteration (Retirement of Judges) Act 1977 (Cwth)

1978

Self-government established in the Northern Territory.

Northern Territory (Self-Government) Act 1978 (Cwth)

1983

The High Court suggested that the external affairs power in the Constitution gave the Commonwealth power to legislate on a matter of international concern whether or not Australia was a party to a treaty on that matter.

Commonwealth v Tasmania (1983) 158 CLR 1 (Tasmanian Dam Case)

1983
(26-29 April)

Australian Constitutional Convention, Adelaide session.

Proceedings of the Australian Constitutional Convention 1983

1984
(19 April)

God Save the Queen declared the Royal Anthem.

Advance Australia Fair declared the National Anthem.

Commonwealth of Australia Gazette 19 April 1984

1984
(21 August)

The position of the Administrator was clarified.

Letters Patent 21 August

1985
(29 July-1 August)

Australian Constitutional Convention, Brisbane session.

Proceedings of the Australian Constitutional Convention 1985

1986

The final steps in Australias attaining independence from the United Kingdom were taken:

• the Australian States and the Commonwealth confirmed their sovereign, independent status from Britain
• Britain could no longer legislate for any part of Australia
• all Privy Council appeals ended from Australian courts other than the High Court it remains theoretically possible for some appeals to be taken under s.74 of the Constitution
• state governors were not representatives of British Government, and
• states could now legislate to repeal or amend any UK legislation extending to them.

Australia Act 1986 (Cwth), Australia Act 1986 (UK)

1985-88

A Constitutional Commission inquired into and reported on the possible revision of the Australian Constitution.

Final Report of the Constitutional Commission 1988

1988

Self-government established in the Australian Capital Territory.

Australian Capital Territory (Self-Government) Act 1988 (Cwth)

1992

The Mabo case suggested that customary laws of Australias Indigenous peoples may have legal standing, providing legislative or executive actions have not extinguished them.

Mabo v Queensland (No 2) (1992) 175 CLR 1

1993

Republic Advisory Committee appointed to produce an options paper describing the minimum constitutional changes that would be necessary to achieve an Australian federal republic.

An Australian Republic. The Report of the Republic Advisory Committee, 1993

1997

State excise/franchise tax regimes struck down.

Ha v New South Wales (1997) 189 CLR 465

1998
(2-13 February 1998)

Constitutional Convention met in Canberra to consider the question of whether or not Australia should become a republic.

Report of the Constitutional Convention 1998

1998
(3 October)

Northern Territory Statehood referendum (failed).

1998

High Court confirmed that UK is a foreign power for purposes of determining Australian citizenship.

Sue v Hill (1999) 199 CLR 462

1999
(June-July)

All states passed uniform request legislation to allow the Commonwealth Parliament to amend s.7 of the Australia Act 1986. This request legislation would not commence unless the 6 November referendum were successful. The amendment of s.7 was necessary to facilitate the establishment of republics at the state level.

1999
(6 November)

Referendum on proposed constitutional amendment to change Australia to a republic. The alteration would see the Governor-General replaced by a President, and would provide a method for choosing and dismissing the President.

The referendum was defeated, 54.9% to 45.1%. Only the Australian Capital Territory voted in favour.

Referendum on question of inserting a new preamble to the Constitution.

The referendum was defeated, 60.7% to 39.3%. No State or Territory supported the change.

Constitution Alteration (Establishment of Republic) Act 1999 (Cwth)

Constitution Alteration (Preamble) Act 1999 (Cwth)

Parliamentary Handbook of Commonwealth of Australia 2002

2003
(29 May)

Resignation of Governor-General Hollingworth: after earnest reflection, I consider that for me to continue could result in damage being done to the office of governor-general.

The Australian, 27 May 2003