Reg Downing

The Honourable Reg Downing AC QC
Attorney General of New South Wales
In office 15 March 1956 – 13 May 1965
Premier	Joseph Cahill Bob Heffron Jack Renshaw
Preceded by	Bill Sheahan
Succeeded by	Ken McCaw
Leader of the New South Wales Opposition in the Legislative Council
In office 13 May 1965 – 4 February 1972
Preceded by	Arthur Bridges
Succeeded by	Neville Wran
Member of the Legislative Council of New South Wales
In office 23 April 1940 – 4 February 1972
Succeeded by	John Ducker
Personal details
Born	6 November 1904 Tumut, New South Wales, Australia
Died	9 September 1994 (aged 89) Goulburn, New South Wales, Australia
Political party	Australian Labor Party
Spouse(s)	Rose Moyeen
Relations	Frank Downing (Brother) Thomas O'Mara (Cousin) Bill Sheahan (Cousin) Terry Sheahan (Cousin)
Religion	Roman Catholic

Robert Reginald Downing, AC QC (6 November 1904 – 9 September 1994) was an Australian lawyer, textile worker, union organiser and politician. He was a member of the New South Wales Legislative Council for the Australian Labor Party for 31 years from 1940 to 1972 and also served as the Attorney General, Minister for Justice and Vice-President of the Executive Council from 1941 to 1965.^[1]

Early years and background

Robert Reginald Downing was born in the New South Wales town of Tumut in 1904, the son of council worker Robert Downing and Frances Jean Galvin. The cousin of former member of the New South Wales Legislative Assembly for Tumut, Thomas O'Mara as well as future NSW Attorneys General, Bill Sheahan and Terry Sheahan, Downing's younger brother, Francis George Downing, would also join the NSW Parliament as an MP for Ryde. Initially educated at the Tumut convent school and St Patrick's College, Goulburn, Downing left school at age 15 and worked to support his family.^[1]

Later moving to Sydney, he found work in the Bonds textile factory. It was here that he joined the Australian Textile Workers' Union, rising to become a union organiser and eventually state president from 1928 until 1934. Rising further to be New South Wales secretary and federal president (1934–1941) as well as a trustee of the Labor Council, Downing soon joined the Australian Labor Party, becoming president of Gladesville Branch. On 11 April 1932 he married Rose Moyeen and had one daughter and two sons. Intending to finish his education that he left as a 15-year-old, Downing matriculated at the University of Sydney in 1938. He then proceeded to study law, graduating with a Bachelor of Laws in 1943 and being called to the New South Wales bar the same year.^[1]

Political career

As a high-ranking unionist and a senior member of the Labor Council of New South Wales, Downing became heavily associated with the movement within the Labor Party led by Bob Heffron to depose the party leader, Jack Lang. Heffron's strategy was based largely upon a left-wing trade union rebellion against Lang.^[2] Although Downing was sympathetic towards Heffron, he remained firmly behind the party and was a close friend to William McKell, who would successfully depose Lang in 1939.

At the encouragement of McKell, Downing stood for preselection in the New South Wales Legislative Council and in 1940 was duly elected. When the conservative United Australia Party government of Alexander Mair was brought down at the 1941 election, Downing, while still studying for his law degree, was appointed on 16 May 1941 by Premier McKell as Minister for Justice and Vice-President of the Executive Council.^[3] He would go on to serve during the entire period of Labor government as Vice-President of the Executive Council for 24 years and Minister of Justice for 19 years to 1956 when he was made Attorney General.

His significant tenure as minister during this period included reforms in consumer law and women's rights as well as the establishment of the Suitors Fund and law reform committees, which were the predecessors to the Law Reform Commission. Downing also actively pursued the abolition of capital punishment in New South Wales, leading to its abolition for murder cases in 1955.^[3] However, serving during a period of conservatism and rampant homophobia, Downing presided over an increase on official action against homosexuality in Government and the NSW Police Force Vice Squad. Downing also acted to establish a parliamentary committee to investigate the incidence of homosexuality in society, remarking: "The public will realise how difficult it is to recognise and identify homosexuals when it is recalled that many of these offenders before the Court are persons who have held responsible positions and were otherwise of unblemished character. All expert opinion here and overseas is that it is difficult to recognise offenders."^[4] In 1951, with the support of Police Commissioner Colin Delaney, noted for his obsession against homosexuality, Downing moved an amendment to the Crimes Act 1900 to ensure that "buggery" remained a criminal act "with or without the consent of the person", removing the previously existing legal loophole of consent.^[5]

Downing (at lectern) in the council proposing the motion of congratulation upon the University of Sydney's centenary, 10 October 1950.

According to investigative journalist Tony Reeves, Downing was responsible for quashing a murder case against notorious Sydney career criminal Lenny McPherson. In 1959 McPherson and his associate "Snowy" Rayner were charged with the shooting murder of an underworld rival, Joseph George Hackett. The key police witness, Hilton Clayton, initially identified McPherson and Rayner as the killers, but he later recanted, allegedly because he had been threatened by McPherson. Downing subsequently decided that the police did not have sufficient evidence to proceed and he "no-billed" the case (i.e. he did not file a bill of indictment), so the charges against McPherson and his accomplice were dropped. In the mid-1970 Reeves interviewed Downing on the subject of no-bills in capital cases in the late 1950s, and while Downing initially claimed he was 'very hazy' on the events of the time, when Reeves mentioned Hackett's name, Downing is alleged to have immediately responded "Oh, that was the man McPherson murdered" and displayed a clear recollection of specific details of the case.

He served as Attorney General until the Labor government of Jack Renshaw lost to the Liberal/Country party Coalition of Robert Askin in 1965. Thereafter, Downing, who had previous served as the Leader of the Government in the Legislative Council, became the Leader of the New South Wales Opposition in the Legislative Council, a role in which he would serve until his retirement from politics.

Later life and honours

While in parliament, Downing was foundation member of the New South Wales Cancer Council and was very active within the Australian Cancer Society, becoming its president from 1969 to 1972, and also as a trustee of Taronga Park Zoo from 1942 until 1972. Downing retired from the legislative council after thirty-one years in February 1972 and returned to legal practice, being appointed a Queen's Counsel (QC) in 1973.^[1]

In recognition of his service to NSW and to the university as a Fellow from 1949 to 1967, the University of Sydney conferred upon him an Honorary Doctor of Laws (Hon.LLD) on 3 June 1972.^[6] On 11 June 1979 he was appointed as a Companion of the Order of Australia (AC) "In recognition of service to politics and government"^[7] In 1991, the newly refurbished courts building in Elizabeth Street, Sydney was named the "Downing Centre" in his honour.^[3] The owner of a 700-acre sheep property outside Goulburn, Downing lived there in quiet retirement until his death aged 89 on 9 September 1994.^[1]

References

1. "The Hon. Robert Reginald DOWNING (1904–1994)". Former members of parliament. Parliament of New South Wales. Retrieved 5 December 2012.
2. Carr, Robert. "Heffron, Robert James (1890–1978)". ADB, Volume 14, 1996. Australian Dictionary of Biography. Retrieved 6 December 2012.
3. Hansard (13 September 1994). "Death of Robert Reginald Downing, A Former Minister of the Crown". Hansard -NSWLC. NSW Parliament. Retrieved 6 December 2012.
4. Dalton, Derek (2007). "GENEALOGY OF The Australian Homocriminal Subject: A Study of Two Explanatory Models of Deviance" (PDF). Griffith Law Review 16 (1): 87. Retrieved 29 January 2013.
5. Wotherspoon, Gary C. "Delaney, Colin John (1897–1969)". Australian Dictionary of Biography. National Centre of Biography, Australian National University. Retrieved 29 January 2013.
6. "The Honourable Robert Reginald Downing". Honorary Awards – Senate. University of Sydney. Retrieved 6 December 2012.
7. "DOWNING, Robert Reginald – AC". It's an Honour database. Australian Government. Retrieved 5 December 2012.