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Chronology 1 1999-2000

Australia's Constitutional Milestones

Scott Bennett
Politics and Public Administration Group
12October 1999


Contents

Introduction

Chronology

Other relevant information and research papers published by the Department of the Parliamentary Library

Introduction

As background to the forthcoming Republic and Preamble referenda, this publication gives an overview of the important milestones of Australian constitutional history. It begins with the 1787 commissioning of Arthur Phillip to establish and to govern the new British colony of New South Wales, and concludes with the November 1999 proposals to amend the Constitution.

It has been said that all constitutions contain elements that are idiosyncratic to the place and time from which they come. Different national histories have generated different constitutional preoccupations and priorities. Australia is no different, and this chronology makes an attempt to chart what has been distinctive in the Australian story. It is selective, making no attempt to be comprehensive, preferring only to highlight the events considered to be of the greatest significance.

The Australian story effectively divides into seven overlapping historical periods:

1787 to the 1820s-autocratic rule by governors appointed in London

1820s to 1850s-the establishment of colonies additional to New South Wales and Van Diemens Land, and the emergence of part-elected Legislative Councils in a number of them

1850s to 1890s-the gaining of what was called 'responsible' government, but effectively meant a wide-ranging self-government, in all colonies

1890s-the Federation period, when the national Constitution was written by politicians and ratified by the people

1901 to the 1930s-the development of the new Commonwealth and the gradual staking-out of a separate international presence, culminating in the Statute of Westminster in 1931

1930s to 1980s-effective independence from the UK achieved by the post-war period, eventually culminating in the Australia Acts of 1986

1990s-the renewed push for a republic, symbolised by demands for an Australian-born Head of State, and a symbolic break with the British monarchy.

Chronology

Milestones

Details

Source Documents

1787

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

 

1788
(26 January)

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

 

1803

Van Diemen's Land (Tasmania) settled from New South Wales.

 

1813
(4 February)

Van Diemen's Land (previously divided) to be ruled as a single unit.

 

1823

New South Wales given status of a full colony.

New South Wales Legislative Council established (appointed).

Executive Council established.

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 Statues of England to operate in New South Wales and Van Diemen's 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 provide...for the government of...Western 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.

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 Queensland...1859

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 colony's constitution.

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

  • State legislation must not be repugnant to Imperial legislation extending to the colonies
  • 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 Council...1870 (WA)

1883

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

  • support for 'a Federal Union'
  • a call for the establishment of a Federal Australasian Council.
 

1885

Federal Council of Australasia established, an intercolonial body with limited legislative power. This 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 operation...Act of Imperial Parliament...1885 (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 March-9 April)

National Australasian Federation Convention, Sydney, attended by all colonies plus New Zealand. This drafted a constitution, but it was not later proceeded with by the colonial parliaments. It was, however, the basis of future discussion of Federation.

Official Report of the National Australasian Convention Debates, 1891

1893
(31 July-1 August)

The Corowa Conference, sponsored by New South Wales and Victorian border Federation Leagues, 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)

People's 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, 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.

 

1901
(1 January)

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

Commonwealth of Australia Constitution Act 1900 (UK)

1903

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

Judiciary Act 1903 (Cwlth)

1904

The federal system of conciliation and arbitration was established-Commonwealth Court of Conciliation and Arbitration.

Commonwealth Conciliation and Arbitration Act 1904 (Cwlth)

1904

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

 

1906
(12 December)

Constitutional amendment carried involving changes to Senators' terms.

Constitution Alteration (Senate Elections) Act 1906 (Cwlth)

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 (Cwlth)

1910

First regularised scheme of Commonwealth grants to States.

Surplus Revenue Act 1910 (Cwlth)

1911

Northern Territory separated from South Australia.

Northern Territory Surrender Act 1907 (SA)

Northern Territory Acceptance Act 1910 (Cwlth)

Northern Territory (Administration) Act 1910 (Cwlth)

1911

Australian Capital Territory separated from New South Wales.

Seat of Government Acceptance Act 1909 (Cwlth)

Seat of Government (Administration) Act 1910 (Cwlth)

1914-19

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

 

1917

A United Kingdom resolution stated that Governors-General were to be regarded as representatives of the Crown and not in any sense representatives of, or answerable to, the British Government.

 

1920

Australia was an independent (and founder) 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 1926 (Engineers Case)

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) (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 ...'

Imperial Conference 1926 Summary of Proceedings

1927

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

Financial Agreement Act 1928 (Cwlth)

1927-29

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

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

Report of the Royal Commission on the Constitution, 1929

1928
(17 November)

Constitutional amendment carried giving constitutional validity to the Loan Council.

Constitution Alteration (State Debts) Act 1928 (Cwlth)

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
  • further British legislation, unless requested by, and consented to, 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 Commonwealth's 'request and consent' for it to do so
  • the States were still bound by the repugnancy doctrine laid down in the Colonial Laws Validity Act 1865.

Statute of Westminster 1931 (UK)

1932
(13 May)

Dismissal of New South Wales Government by the Governor.

 

1933

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

Commonwealth Grants Commission Act 1933 (Cwlth)

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 backdated to 3 September 1939, the date on which war was declared on Germany by the United Kingdom.

Statute of Westminster Adoption Act 1942 (Cwlth)

1942

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

South Australia, Victoria, Queensland and Western Australia v Commonwealth (1942)

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 (Cwlth)

1948

First Australian citizenship legislation passed.

Nationality and Citizenship Act 1948 (Cwlth)

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 second State challenge.

Victoria v Commonwealth (1957)

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 people in the national census.

Constitution Alteration (Aboriginals) Act 1967 (Cwlth)

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 (Cwlth)

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)

1973

The Queen was created 'Queen of Australia'.

Royal Styles and Titles Act 1973 (Cwlth)

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

Sovereign rights over territorial seas and the continental shelf was vested in the Commonwealth. This was confirmed by the High Court.

New South Wales v Commonwealth (1975)

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
(24-26 September)

Australian Constitutional Convention, Melbourne session

Proceedings of the Australian Constitutional Convention 1975

1975
(11 November)

Dismissal of Commonwealth Government by the Governor-General.

 

1975
(16 November)

In regard to the dismissal of the Commonwealth Government, the Queen declared in letter to 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
  • providing a retirement age for all federal judges

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

Constitution Alteration (Referendums) Act 1977 (Cwlth)

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

1978

Self-government established in the Northern Territory.

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

1983

The High Court suggested that the external affairs power of 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) (Dams 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

1985
(29 July-1 August)

Australian Constitutional Convention, Brisbane session.

Proceedings of the Australian Constitutional Convention 1985

1986

The final steps in Australia's 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
  • States could now legislate to repeal or amend any UK legislation extending to them.

Australia Act 1986 (Cwlth), 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 (Cwlth)

1992

The Mabo case suggested that customary laws of Australia's indigenous people may have legal standing, providing legislative or executive actions have not extinguished them.

Mabo v Queensland (No 2) (1992)

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)

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 confirms that the UK is a foreign power for purposes of determining Australian citizenship.

Sue v Hill (1999)

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.

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

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

Constitution Alteration (Preamble) Act 1999 (Cwlth)

 

Other relevant information and research papers published by the Department of the Parliamentary Library:

Background Papers

Marsh, Y., Monarchy or Republic? Reserve Powers of the Head of State-The Gordian Knot, No. 17, 30 July 1993.

Twomey, A., Monarchy or Republic? A Collection of Arguments for and against, No. 26, 25 October 1993.

Twomey, A., Monarchy or Republic? The Constitutional Options of the States, No. 7, 6 May 1993.

Twomey, A., The Constitution-19th Century Colonial Office Document or People's Constitution, No. 15, 25 August 1994.

Gardiner-Garden, J., The Origin of Commonwealth Involvement in Indigenous Affairs and the 1967 Referendum, No. 11, 1996-97.

Hide, C., I. Ireland, and K. Davis, The Recent Republic Debate-A Chronology: 1989-1998, No. 11, 1997-98.

Research Notes

Warby, M., Constitutional Referendums: Bipartisan or Bust, No. 46, 7 June 1995.

Ireland, I., Who is the Australian Head of State?, No. 1, 1995-96.

Ireland, I., Post Federation Constitutional Conventions and Commissions-Purpose, Composition Process and Outcomes, No. 5, 1995-96.

Ireland, I., and K. Magarey, Powers of the Head of State of Australia and South Africa, No. 24, 1997-98.

Downing, S., The Reserve Powers of the Governor-General, No. 25, 1997.

Current Issues Brief

Williams, G., The 1998 Constitutional Convention-First Impressions, No. 11, 1997-98.

Research Papers

Spry, M., The Executive Power of the Commonwealth: Its Scope and Limits, No. 28, 1995-96.

McKenna, M., The Need for a New Preamble to the Australian Constitution and/or a Bill of Rights, No. 12, 1996-97.

Bennett, S., and S. Brennan, Constitutional Referenda in Australia, No. 2, 1999-2000.

 


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