57-579: The Minns ministry is the 100th ministry of the Government of New South Wales , led by Chris Minns , the state's 47th premier following his party's victory in the 2023 state election . The full ministry was announced on 4 April 2023 and was sworn in the following day on 5 April. All Ministers are members of the New South Wales Labor Party . Parliamentary Secretaries were announced on 26 April 2023. All Parliamentary Secretaries are members of
114-529: A separation of powers . The original formulation of Griffith, Barton and Kingston provided only that the parliament could establish a court. The draft was later amended at various conventions. In Adelaide the court's proposed name was changed to be the "High Court of Australia". Many people opposed the idea of the new court completely replacing the Privy Council. Commercial interests, particularly subsidiaries of British companies preferred to operate under
171-627: A certificate of appeal would be granted by the High Court. In 1986, with the passing of the Australia Act by both the UK Parliament and the Commonwealth Parliament (with the request and consent of the states), appeals to the Privy Council from state supreme courts were closed off, leaving the High Court as the only avenue of appeal. In 2002, Chief Justice Murray Gleeson said that
228-595: A dedicated courtroom was built in Little Bourke Street , next to the Supreme Court of Victoria . That space provided the court's Melbourne sitting place and housed the court's principal registry until 1980. The court also sat regularly in Sydney, sharing space in the criminal courts of Darlinghurst Courthouse , before a dedicated courtroom was constructed next door in 1923. The court travelled to other cities across
285-533: A ministerial department and supported by several agencies. There are also a number of independent agencies that fall under a portfolio but remain at arms-length for political reasons, such as the Independent Commission Against Corruption and Electoral Commission . The state Executive Council , consisting of the governor and senior ministers, exercises the executive authority through the relevant portfolio. The legislative branch includes
342-621: A pact Japan had entered with the Axis powers prior to his arrival in Tokyo . Owen Dixon was also absent for several years of his appointment, while serving as Australia's minister to the United States in Washington . Sir George Rich acted as chief justice during Latham's absence. From 1952, with the appointment of Sir Owen Dixon as chief justice, the court entered a period of stability. After World War II,
399-609: A pledge of loyalty to Australia and to the people of New South Wales instead of swearing allegiance to the Queen her heirs and successors, and to revise the oaths taken by Executive Councillors. The Act was assented to by the Queen on 3 April 2006. On 5 June 2012 the Constitution Amendment (Restoration of Oaths of Allegiance) Act 2012 No 33 was assented to and made a further amendment to the Constitution Act 1902 , by restoring
456-538: A reaction in London which prevented any serious attempt to implement the bill through the British Imperial Parliament . Another draft bill was proposed in 1880 for the establishment of an Australasian court of appeal. The proposed court would consist of one judge from each of the colonial supreme courts, who would serve one-year terms. However, the proposed court allowed for appeals to the Privy Council, which
513-592: A sticking point however; with objections made by Secretary of State for the Colonies , Joseph Chamberlain , the Chief Justice of South Australia, Sir Samuel Way , and Samuel Griffith , among others. In October 1899, Griffith made representations to Chamberlain soliciting suggestions from British ministers for alterations to the draft, and offered alterations of his own. Indeed, such was the effect of these and other representations that Chamberlain called for delegates from
570-637: A unanimous judgment rejecting the authority of the House of Lords decision in DPP v Smith , writing, "I shall not depart from the law on this matter as we have long since laid it down in this Court and I think that Smith's case should not be used in Australia as authority at all." The Privy Council overturned this by enforcing the UK precedent upon the High Court the following year. Thirteen High Court judges have heard cases as part of
627-600: The Family Court and Federal Magistrates Court have been set up to reduce the court's workload in specific areas. In 1968, appeals to the Privy Council in matters involving federal legislation were barred. In 1986, with the passage of the Australia Acts direct appeals to the Privy Council from state Supreme Courts were also closed off. The life tenure of High Court justices ended in 1977. A national referendum in May 1977 approved
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#1733085461915684-800: The High Court of Australia and other federal courts have overriding jurisdiction on matters which fall under the ambit of the Australian Constitution. In 2006, the Sesquicentenary of Responsible Government in New South Wales, the Constitution Amendment Pledge of Loyalty Act 2006 No. 6 was enacted to amend the Constitution Act 1902 to require Members of the New South Wales Parliament and its Ministers to take
741-591: The New South Wales Labor Party . High Court of Australia The High Court of Australia is the apex court of the Australian legal system . It exercises original and appellate jurisdiction on matters specified in the Constitution of Australia and supplementary legislation. The High Court was established following the passage of the Judiciary Act 1903 (Cth) . Its authority derives from chapter III of
798-545: The New South Wales Labor Party . The interim ministry was sworn in on 28 March 2023. The interim ministry also covered other portfolio responsibilities until the finalised ministry was sworn in. The interim composition consisted of the following ministers: Government of New South Wales The Government of New South Wales , also known as the NSW Government , is the governing body of New South Wales , Australia. The executive government comprises 11 portfolios, led by
855-561: The Parliament of New South Wales website and were sworn on by the Governor with effect from 5 April 2023, while their opposition counterparts are listed to correspond with the government ministers. All Opposition counterparts are members of the Parliament of New South Wales. The full ministry was announced on 4 April 2023 and was sworn in the following day on 5 April. All Ministers are members of
912-484: The Supreme Court of Nauru in both criminal and civil cases, but not constitutional matters. There were a total of five appeals to the High Court under this agreement in the first 40 years of its operation. In 2017, however, this jumped to 13 appeals, most relating to asylum seekers. At the time some legal commentators argued that this appellate jurisdiction sat awkwardly with the High Court's other responsibilities, and ought be renegotiated or repealed. Anomalies included
969-468: The attorney-general following the approval of the prime minister and Cabinet . They are appointed permanently until their mandatory retirement at age 70, unless they retire earlier. Typically, the court operates by receiving applications for appeal from parties in a process called special leave . If a party's application is accepted, the court will proceed to a full hearing, usually with oral and written submissions from both parties. After conclusion of
1026-520: The state's Constitution establishing a parliamentary democracy. Its relationship with the federal government is regulated by the Australian Constitution . The current government is held by the state Labor Party , led by Premier Chris Minns . Minns succeeded Dominic Perrottet from the Liberal Party on 28 March 2023 following the state election . New South Wales is governed according to
1083-449: The "combined effect" of the legislation and the announcement in Kirmani "has been that s 74 has become a dead letter, and what remains of s 74 after the legislation limiting appeals to the Privy Council will have no further effect". Following an agreement between Nauru and Australia signed on 6 September 1976, the High Court became Nauru's apex court. It was empowered to hear appeals from
1140-465: The Australian Constitution, which vests it (and other courts the Parliament creates) with the judicial power of the Commonwealth. Its internal processes are governed by the High Court of Australia Act 1979 (Cth). The court consists of seven justices, including a chief justice , currently Stephen Gageler . Justices of the High Court are appointed by the governor-general on the formal advice of
1197-593: The Crown, is the formal repository of power, which is exercised by him or her on the advice of the Premier of New South Wales and the cabinet. The Premier and ministers are appointed by the Governor, and hold office by virtue of their ability to command the support of a majority of members of the Legislative Assembly. Judicial power is exercised by the Supreme Court of New South Wales and a system of subordinate courts, but
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#17330854619151254-527: The High Court by section 30 of the Judiciary Act 1903 . Whilst it may seem that the inclusion of constitutional matters in section 76 means that the High Court's original jurisdiction regarding constitutional matters could be removed, in practice section 75(iii) (suing the Commonwealth) and section 75(iv) (conflicts between states) are broad enough that many constitutional matters would still be within its jurisdiction. The original constitutional jurisdiction of
1311-506: The High Court is now well established; the Australian Law Reform Commission has described the inclusion of constitutional matters in section 76 rather than section 75 as "an odd fact of history". The 1998 Constitutional Convention recommended an amendment to the constitution to prevent the possibility of the jurisdiction being removed by Parliament. The word "matter" in sections 75 and 76 has been understood to mean that
1368-515: The High Court is unable to give advisory opinions. The court is empowered by section 73 of the Constitution to hear appeals from the supreme courts of the states and territories; as well as any court exercising federal jurisdiction. It may also hear appeals of decisions made in an exercise of its own original jurisdiction. The High Court's appellate jurisdiction is limited by the Judiciary Act , which requires special leave to be granted before
1425-588: The High Court. Following a court-packing attempt by the Labor Prime Minister Andrew Fisher In February 1913, the bench was increased again to a total to seven. Charles Powers and Albert Bathurst Piddington were appointed. These appointments generated an outcry, however, and Piddington resigned on 5 April 1913 after serving only one month as High Court justice. The High Court continued its Banco location in Melbourne until 1928, until
1482-563: The Privy Council regularly heard appeals against High Court decisions. In some cases the Council acknowledged that the Australian common law had developed differently from English law and thus did not apply its own principles. Other times it followed English authority, and overruled decisions of the High Court. This arrangement led to tensions between the High Court and the Privy Council. In Parker v The Queen (1964), Chief Justice Owen Dixon led
1539-418: The Privy Council. Sir Isaac Isaacs is the only judge to have sat on an appeal from the High Court, in 1936 after his retirement as governor-general. Sir Garfield Barwick insisted on an amendment to Privy Council procedure to allow dissent; however, he exercised that capacity only once. The appeals mostly related to decisions from other Commonwealth countries, although they occasionally included appeals from
1596-553: The United Kingdom's Privy Council were a notable controversy when the Constitution was drafted. Section 74 of the Constitution as it was put to voters, stated that there would be no appeals to the privy council in any matter involving the interpretation of the Constitution or state constitutions. The section as enacted by the Imperial Parliament was different. It only prohibited appeals on constitutional disputes regarding
1653-530: The bicameral state parliament , which includes the monarchy as represented by the governor , the Legislative Assembly , and Legislative Council . The judicial branch consists of three general courts ( Local , District and Supreme Court ), and several specialist courts such as the Children's Court or Coroner's Court . New South Wales received statehood upon the federation of Australia in 1901, with
1710-534: The case to the Supreme Court "differently constituted, for hearing according to law". On Nauru's 50th anniversary of independence, Baron Waqa declared to parliament that "[s]everance of ties to Australia's highest court is a logical step towards full nationhood and an expression of confidence in Nauru's ability to determine its own destiny". Justice Minister David Adeang said that an additional reason for cutting ties
1767-475: The colonies to come to London to assist with the approval process, with a view to their approving any alterations that the British government might see fit to make; delegates were sent, including Deakin, Barton and Charles Kingston , although they were under instructions that they would never agree to changes. After intense lobbying both in Australia and in the United Kingdom, the Imperial Parliament finally approved
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1824-581: The colonies, an 1849 report from the Privy Council suggested a national court be created. In 1856, the Governor of South Australia , Richard MacDonnell , suggested to the Government of South Australia that they consider establishing a court to hear appeals from the Supreme Courts in each colony. In 1860 the South Australian Parliament passed legislation encouraging MacDonnell to put the idea to
1881-665: The country, where it would use facilities of the respective supreme courts. Deakin had envisaged that the court would sit in many different locations, so as to truly be a federal court. Shortly after the court's creation, Chief Justice Griffith established a schedule for sittings in state capitals: Hobart in February, Brisbane in June, Perth in September, and Adelaide in October. It has been said that Griffith established this schedule because those were
1938-431: The court previously rotated between state capitals, particularly Melbourne and Sydney , and the court continues to regularly sit outside Canberra. The High Court exercises both original and appellate jurisdiction . Sir Owen Dixon said on his swearing in as Chief Justice of Australia in 1952: The High Court's jurisdiction is divided in its exercise between constitutional and federal cases which loom so largely in
1995-481: The court's workload continued to grow, particularly from the 1960s onwards, putting pressures on the court. Sir Garfield Barwick , who was attorney-general from 1958 to 1964, and from then until 1981 chief justice, proposed that more federal courts be established, as permitted under the Constitution. In 1976 the Federal Court of Australia was established, with a general federal jurisdiction, and in more recent years
2052-540: The court. Opponents instead proposed that the court should be made up of state supreme court justices, taking turns to sit on the High Court on a rotation basis, as had been mooted at the Constitutional Conventions a decade before. Deakin eventually negotiated amendments with the opposition , reducing the number of judges from five to three, and eliminating financial benefits such as pensions. At one point, Deakin threatened to resign as Attorney-General due to
2109-527: The design of the court as it was. Inglis Clark took the view that the possibility of divergence was a good thing, for the law could adapt appropriately to Australian circumstances. Despite this debate, the draft's judicial sections remained largely unchanged. After the draft had been approved by the electors of the colonies, it was taken to London in 1899 for the assent of the British Imperial Parliament. The issue of Privy Council appeals remained
2166-454: The difficulties he faced. In his three and a half hour second reading speech to the House of Representatives , Deakin said, The federation is constituted by distribution of powers, and it is this court which decides the orbit and boundary of every power... It is properly termed the keystone of the federal arch... The statute stands and will stand on the statute-book just as in the hour in which it
2223-403: The draft constitution. The draft as passed included an alteration to section 74, in a compromise between the two sides. It allowed for a general right of appeal from the High Court to the Privy Council, but the Parliament of Australia could make laws restricting this avenue. In addition, appeals in inter se matters were not as of right, but had to be certified by the High Court. The High Court
2280-449: The hearing of an appeal. Special leave may only be granted where a question of law is raised which is of public importance, involves a conflict between courts or "is in the interests of the administration of justice". Special leave hearings are typically presided over by a panel of two or three justices of the High Court. Parties are typically limited to an oral submission of 20 minutes, in addition to any written submissions. Appeals to
2337-587: The hearing, the result is decided by the court. The special leave process does not apply in situations where the court elects to exercise its original jurisdiction; however, the court typically delegates its original jurisdiction to Australia's inferior courts. The court has resided in Canberra since 1980, following the construction of a purpose-built High Court building , located in the Parliamentary Triangle and overlooking Lake Burley Griffin . Sittings of
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2394-416: The need to apply Nauruan law and customary practice, and that special leave hearings were not required. Nauruan politicians had said publicly that the Nauru government was unhappy about these arrangements. Of particular concern was a decision of the High Court in October 2017, which quashed an increase in sentence imposed upon political protestors by the Supreme Court of Nauru. The High Court had remitted
2451-495: The option of taking the oath of allegiance to the Queen, her heirs and successors, in addition to the option of taking the pledge of loyalty. The change applies to members of Legislative Council, Legislative Assembly and Executive Council. The following individuals serve as government ministers, at the pleasure of the King, represented by the Governor of New South Wales. The government ministers are listed in order of seniority as listed on
2508-455: The other colonies. However, only Victoria considered the proposal. At a Melbourne inter-colonial conference held in 1870, the idea of an inter-colonial court was again raised. A royal commission was established in Victoria to investigate options for establishing such a court, and a draft bill was put forward. This draft bill, however, completely excluded appeals to the Privy Council, causing
2565-693: The principles of the Westminster system , a form of parliamentary government based on the model of the United Kingdom . Legislative power formally rests with the King, acting with the advice and consent of the Legislative Council and Legislative Assembly —together known as the Parliament of New South Wales . Executive power is exercised by the Executive Council, which consists of the Governor and senior ministers. The Governor, as representative of
2622-626: The public eye, and the great body of litigation between man and man, or even man and government, which has nothing to do with the Constitution, and which is the principal preoccupation of the court The broad jurisdiction of the High Court means that it has an important role in Australia's legal system. Its original jurisdiction is determined by sections 75 and 76 of Australia's Constitution. Section 75 confers original jurisdiction in all matters: Section 76 provides that Parliament may confer original jurisdiction in relation to matters: Constitutional matters, referred to in section 76(i), were conferred on
2679-504: The respective powers of the states and the Commonwealth (" inter se " matters), except where the High Court certified it appropriate for the appeal to be determined by Privy Council. This occurred only once, and the High Court has said it would never again grant a certificate of appeal. No certificate was required to appeal constitutional cases not involving inter se matters, such as in the interpretation of section 92 (the freedom of inter-state commerce section). On non- inter se matters,
2736-547: The supreme court of an Australian state. Section 74 allowed parliament to prevent appeals to the Privy Council. It did so in 1968 with the Privy Council (Limitation of Appeals) Act 1968 , which closed off all appeals to the Privy Council in matters involving federal legislation. In 1975, the Privy Council (Appeals from the High Court) Act 1975 closed all routes of appeal from the High Court; excepting for those in which
2793-773: The times of year he found the weather most pleasant in each city. The tradition of special sittings remains to this day, although they are dependent on the court's caseload. There are annual sittings in Perth, Adelaide and Brisbane for up to a week each year, and sittings in Hobart occur once every few years. Sittings outside of these special occurrences are conducted in Canberra. The court's operations were marked by various anomalies during World War II . The Chief Justice, Sir John Latham , served from 1940 to 1941 as Australia's first ambassador to Japan; however, his activities in that role were limited by
2850-520: The unified jurisdiction of the British courts, and petitioned the conventions to that effect. Others argued that Australian judges were of a poorer quality than those of the English, and than the inevitable divergence in law that would occur without the oversight of the Privy Council; would put the legal system at risk. Some politicians (e.g. George Dibbs ) supported a retention of Privy Council supervision; whereas others, including Alfred Deakin , supported
2907-475: Was assented to. But the nation lives, grows and expands. Its circumstances change, its needs alter, and its problems present themselves with new faces. [The High Court] enables the Constitution to grow and be adapted to the changeful necessities and circumstances of generation after generation that the High Court operates. Deakin's friend, painter Tom Roberts , who viewed the speech from the public gallery, declared it Deakin's " magnum opus ". The Judiciary Act 1903
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#17330854619152964-533: Was disliked by some of the colonies, and the bill was abandoned. The idea of a federal supreme court was raised during the Constitutional Conventions of the 1890s. A proposal for a supreme court of Australia was included in an 1891 draft. It was proposed to enable the court to hear appeals from the state supreme courts, with appeals to the Privy Council only occurring on assent from the British monarch . It
3021-498: Was finally passed on 25 August 1903, and the first three justices, Chief Justice Sir Samuel Griffith and justices Sir Edmund Barton and Richard O'Connor , were appointed on 5 October of that year. On 6 October, the court held its first sitting in the Banco Court in the Supreme Court of Victoria . On 12 October 1906, the size of the High Court was increased to five justices, and Deakin appointed H. B. Higgins and Isaac Isaacs to
3078-480: Was not enough work for a federal court to make it viable. The then Attorney-General Alfred Deakin introduced the Judiciary Bill to the House of Representatives in 1902. Prior efforts had been continually delayed by opponents in the parliament, and the success of the bill is generally attributed to Deakin's passion and persistence. Deakin proposed that the court be composed of five judges, specially selected to
3135-427: Was not immediately established after Australia came into being. Some members of the first Parliament , including Sir John Quick , then one of the leading legal experts in Australia, opposed legislation to set up the court. Even H. B. Higgins , who was himself later appointed to the court, objected to setting it up, on the grounds that it would be impotent while Privy Council appeals remained, and that in any event there
3192-406: Was proposed that the Privy Council be prevented from hearing appeals on constitutional matters. This draft was largely the work of Sir Samuel Griffith , then the Premier of Queensland . The attorney-general of Tasmania Andrew Inglis Clark also contributed to the constitution's judicial clauses. Clark's most significant contribution was to give the court its own constitutional authority, ensuring
3249-478: Was the cost of appeals to the High Court. Nauru then exercised an option under its agreement with Australia to end its appellate arrangement with 90 days notice. The option was exercised on 12 December 2017 and the High Court's jurisdiction ended on 12 March 2018. The termination did not become publicly known until after the Supreme Court had reheard the case of the protesters and had again imposed increased sentences. Following Earl Grey 's 1846 proposal to federate
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