New South Wales Act 1823

The New South Wales Act 1823 (4 Geo. IV c. 96) was an Act of the Parliament of the United Kingdom with the long title "An Act to provide, until the First Day of July One thousand eight hundred and twenty-seven, and until the End of the next Session of Parliament, for the better Administration of Justice in New South Wales and Van Diemen's Land, and for the more effectual Government thereof and for other Purposes relating thereto".

Background

The Act was passed in response to growing criticism in the colony of New South Wales of the lack of a proper superior court as well the lack of a proper responsible government. At the time, the governor of New South Wales had virtually unlimited powers and could only be overruled by the Colonial Office in the United Kingdom. Commissioner John Bigge was sent from London in 1819 to report on the state of the colony. Francis Forbes, formerly Chief Justice of Newfoundland, was heavily involved in the drafting of the bill presented to Parliament.

Main objects of the Act

The Act set out to create a number of aims. Firstly, it authorised the creation of a Legislative Council for the colony of New South Wales. Secondly, it created the Supreme Court of New South Wales, being a court of equivalent authority to that of the King's Bench in the United Kingdom. Thirdly, it created the office of Chief Justice of that Court, such as justice to be the supreme justice of the Court. The Chief Justice was an ex officio member of the legislative council and also had to certify any laws as being proper. Fourthly, it authorised the eventual separation of Van Diemen's Land (now Tasmania) from the colony of New South Wales. Fifthly, it created the Supreme Court of Van Diemen's Land, which is now the Supreme Court of Tasmania. Sixthly, it created the office of Chief Justice of that Court.

Importance

This Act is seen within Australia is being the first steps towards representative democracy. The Act authorised the issuing of letters patent by the King of the United Kingdom.

In consequence of this legislation, Letters Patent establishing the New South Wales Supreme Court were sealed on 13 October 1823, and proclaimed in Sydney on 17 May 1824. They are known as the Third Charter of Justice.

Trivia

Amendments noted on the rear of the bill refer to the Act as the "New South Wales Jurisdiction Bill."

References

State Archives of New South Wales (Accessed 8 February 2007)
New South Wales Act 1823.

United Kingdom legislation

Pre-Parliamentary legislation	List of English statutes Charter of Liberties Magna Carta

Acts of Parliament by states preceding the Kingdom of Great Britain	Acts of the Parliament of England to 1483 1485–1601 1603–1641 Interregnum (1642–1660) 1660–1699 1700–1706 Acts of the Parliament of Scotland Acts of the Parliament of Ireland to 1700 1701–1800

Acts of Parliament of the Kingdom of Great Britain	1707–1719 1720–1739 1740–1759 1760–1779 1780–1800

Acts of Parliament of the United Kingdom of Great Britain and Ireland and the United Kingdom of Great Britain and Northern Ireland	1801–1819 1820–1839 1840–1859 1860–1879 1880–1899 1900–1919 1920–1939 1940–1959 1960–1979 1980–1999 2000 to date Halsbury's Statutes UK Statute Law Database Short titles

Church of England measures	List Church of England Assembly (Powers) Act 1919

Legislation of devolved institutions	Acts of the Scottish Parliament Acts and Measures of the National Assembly for Wales Acts of the Northern Ireland Assembly Acts of the Parliament of Northern Ireland Orders in Council for Northern Ireland

Orders-in-Council	Order in Council

Secondary legislation	United Kingdom Statutory Instruments Scottish Statutory Instruments Act of Sederunt, Act of Adjournal

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