Members of the New South Wales Legislative Council, 1930–1932 explained

Members of the New South Wales Legislative Council who served from 1930 to 1932 were appointed for life by the Governor on the advice of the Premier. This list includes members between the 1930 state election on 25 October 1930 and the 1932 state election on 11 June 1932. The President was Sir John Peden. The Premier Jack Lang had been seeking to swamp the council, however the Governor Sir Philip Game 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.[1] 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 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 without a referendum. The following day, two members of the Legislative Council, Thomas Playfair and Arthur Trethowan, applied for and were granted an injunction by the Supreme Court 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 injunction was upheld by the Full Court of the Supreme Court on 23 December.[2] Lang's appeal to the High Court of Australia was rejected by a majority of the court in Attorney-General (New South Wales) v Trethowan on 16 March 1931.[3] Lang then appealed this decision to the Judicial Committee of the Privy Council 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.[4] 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.

Name Party Years in office
  / 1925–1934
  1925–1934
  / 1925–1958, 1963–1973
1925–1949
  / 1907–1934
1917–1934
1923–1932
1917–1940
  / 1925–1934
1925–1937, 1940–1943
  / 1917–1934
  1912–1932
  / 1912–1934
  / 1931–1934
  / 1899–1933
1908–1932
  / 1921–1943
  / 1927–1934
  / 1925–1958
1917–1930
  1925–1934
  / 1931–1934
  / 1885–1930
  / 1925–1943
1931–1934
1921–1934
  / 1907–1932
  / 1925–1934, 1940–1966
1925–1934
  / 1900–1933
  / 1931–1934
  / 1908–1934
1912–1952
1901–1933
  / 1931–1934
1931–1934, 1943–1952
1931–1940
1931–1961
  / 1921–1934, 1936–1943
  / 1931–1932
  / 1927–1934
  / 1899–1932
1925–1934
  / 1921–1936
  / 1925–1931
  / 1912–1934
  / 1917–1955
  1917–1931
  1923–1955
  / 1912–1934
  / 1925–1934
  1925–1932
  / 1931–1934
1931–1960
  / 1927–1934
1917–1934
1920–1934
  1925–1934
  / 1922–1934
1899–1934
  / 1925–1943
1921–1961
  1925–1934
  / 1931–1946
1931–1934
1921–1955
  / 1917–1932
  / 1931–1934, 1937–1955
  / 1900–1932
  / 1925–1934
  / 1931–1948
  / 1923–1934
  1921–1958
  1927–1940
  / 1908–1940
  / 1921–1940
  / 1931–1934
1931–1933
  / 1917–1946
  / 1921–1934
  / 1925–1934
  / 1927–1966
  / 1931–1934
1931–1934
  / 1920–1951
  / 1931–1934
  / 1917–1940
  / 1925–1943
  / 1931–1934, 1943–1959
  / 1923–1934
1912–1934
  / 1931–1934
  / 1925–1934
  1912–1934
  / 1931–1940
1921–1934
  / 1925–1973
  / 1920–1934
  / 1921–1934
  / 1921–1934
1931–1952
  / 1912–1940
  / 1908–1934
  1916–1937
  / 1925–1942
  / 1917–1934
1917–1934
1917–1941
1917–1934
  / 1931–1934
  / 1925–1933
  / 1917–1934
  / 1925–1934
1925–1934

See also

Notes and References

  1. News: A bombshell . . 21 November 1931 . 5 August 2021 . 12 . Trove.
  2. Trethowan v Peden . (1930) 31 SR (NSW) 183 . 23 December 1930 . Supreme Court (Full Court). .
  3. . (1931) 44 CLR 394 . High Court. .
  4. . 1932 . UKPC . 1 . [1932] AC 526.
    (1932) 47 CLR 97 . auto.