1991 New South Wales referendum

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1991 New South Wales referendum
Legislative Council reformVote
Yes57.7%
No42.3%

A referendum concerning reform of the New South Wales Legislative Council was put to New South Wales voters on 25 May 1991. The referendum coincided with that year's New South Wales general election. The change passed comfortably. The text of the question was:

Contents

Do you approve of the Bill entitled 'A Bill for an Act:

(a) to reduce the number of politicians in the Legislative Council and to reduce their maximum term of office; and

(b) to apply to the Legislative Council the same method of filling casual vacancies as applies to the Senate  ?


Amendments to the constitution

At the time of the referendum, the Legislative Council consisted of 45 members, with 15 members elected at each election and members serving for three terms of the Legislative Assembly, giving a maximum term of 12 years. If a casual vacancy arose, the member was replaced by the next unelected candidate and it was only if the candidates were exhausted that the party could nominate a candidate at the election was declared.

The headline changes by the proposal were to alter the Constitution Act 1902 to:

The transitional arrangements were that from the 1991 election, the council would consist of:

From the next election, scheduled to be in 1995, the council would consist of:

Results

Result [3] [4]
QuestionVotes %
Legislative Council reformYes1,864,29357.73
No1,364,84042.27
Total Formal3,229,13395.02
Informal169,4174.98
Turnout [lower-alpha 2] 3,400,09293.58

Legislative Council referendums

This was the fourth referendum in New South Wales on the subject of the Legislative Council.

Legislative Council referendums [5]
Referendum Yes No
(4) 1933 reform Legislative Council 51.47%     48.53%    
(7) 1961 abolish Legislative Council        42.42%    57.58%
(11) 1978 directly elect Legislative Council 84.81% 15.19%
(14) 1991 reduce size of Legislative Council  57.73% 42.27%

See also

Notes

  1. There is a difference of less than 300 votes in the results published in the Gazette and those subsequently published by the Electoral Commission. The results from the Gazette have been used.
  2. Based on a roll of 3,631,618: Green, Antony. "1991 election totals". New South Wales Election Results 1856-2007. Parliament of New South Wales . Retrieved 10 December 2020.

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Members of the New South Wales Legislative Council who served in the 48th Parliament were elected at the 1978, 1981 and 1984 elections. Members served for three terms of the Legislative Assembly, which, as a result of the 1981 referendum meant the maximum term was twelve years. The 15 members elected in 1978 did not face re-election until 1988, the 15 members elected in 1981 did not face re-election until 1992 and the 15 members elected in 1984 did not face re-election until 1996. The President was Johno Johnson.

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Members of the New South Wales Legislative Council from 1978 to 1981 held office following the 1978 referendum which reduced the number of members from 60 to 43, provided for the direct election of members of the Legislative Council and that members would serve for 3 terms of the Legislative Assembly. Only 15 of the 43 members had been elected at the 1978 Legislative Council election. Under the transitional arrangements, 28 members had been indirectly elected by joint sittings of the New South Wales Parliament, with 14 of those members to retire at the next general election, held in 1981, and the remaining 14 members would retire at the following general election, held in 1984.

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Do you approve of the Bill entitled "A Bill for 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 Legislative Parliament of New South Wales, be created, constituted or established until a bill for the purpose has been approved by the electors in a referendum to amend the Constitution Act, 1902 and certain other Acts; and for purposes connected therewith."

The 1981 New South Wales referendum was held on 19 September 1981, the same day as the state election. The referendum contained two questions:

  1. Do you approve a Bill for an Act to extend the maximum period between general elections for the Legislative Assembly from 3 years to 4 years?
  2. Do you approve a Bill for an Act to require Members of Parliament to disclose certain pecuniary interests and other matters?

The 1978 New South Wales state election was the first direct election for the Legislative Council since the council was reconstituted in 1856 and the creation of the Legislative Assembly. This was the result of the 1978 referendum which also reduced the number of members from 60 to 43 and that provided that members would serve for 3 terms of the Legislative Assembly. Under the transitional arrangements, 28 members had been indirectly elected by joint sittings of the New South Wales Parliament.

Members of the New South Wales Legislative Council between 1961 and 1964 were indirectly elected by a joint sitting of the New South Wales Parliament, with 15 members elected every three years. The most recent election was on 16 March 1961, with the term of new members commencing on 23 April 1961. The President was William Dickson.

The 1978 New South Wales referendum was held on 17 June 1978 and contained a single question:

Do you approve of the Bill entitled 'A Bill for an Act to provide for the election of members of the Legislative Council directly by the people'.

A referendum concerning the reform of the New South Wales Legislative Council was put to New South Wales voters on 13 May 1933 and was passed by the voters with a margin of 2.94%. The text of the question was:

Do you approve of the Bill entitled "A Bill to reform the constitution and alter the Powers of the Legislative Council; to reduce and limit the number of Members of the Legislative Council; to reconstitute the Legislative Council in accordance with the reformed constitution; to amend the Constitution Act, 1902, and certain other Acts; and for purposes connected therewith."

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. While the Constitution of Australia was adopted after the 1898 and 1899 referendums in all of the proposed states, the constitution of New South Wales, promulgated in 1902, was an Act of the Parliament of New South Wales which could be amended by parliament. Since 1927 the constitution has included provisions that can only be amended following approval in a referendum. 8 of the referendums, including 5 on the sale of alcohol, did not involve any proposed amendment to the constitution. While these have traditionally been called referendums, they could also be described as plebiscites.

References

  1. "Constitution (Legislative Council) Amendment Act 1991 No 20" (PDF). Legislation.nsw.gov.au. Retrieved 10 December 2020.
  2. 1 2 "Explanatory note: Constitution (Legislative Council) Amendment Bill 1991" . Retrieved 10 December 2020 via AustLII.
  3. "Result of referendum: Legislative Council reform". Government Gazette of the State of New South Wales . No. 94. 20 June 1991. p. 4773. Retrieved 10 December 2020 via Trove.
  4. "NSW Referendum - 25 May 1981". New South Wales Electoral Commission. Archived from the original on 11 March 2011. [lower-alpha 1]
  5. "Results of referendums in New South Wales". Parliament of New South Wales. Retrieved 25 October 2021.