Constitution Act 1902

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New South Wales Constitution Act 1902 – easy summary

What it is
- The Constitution Act 1902 is the main written rulebook for how New South Wales is governed. It describes the government’s three branches: Executive (the government), Legislative (two houses: Legislative Assembly and Legislative Council), and Judicial (the courts).
- NSW also has unwritten constitutional elements beyond what’s in the Act. The Act carries the most important written parts, but other rules exist elsewhere.

Key facts
- Ratified and effective: 18 August 1902.
- It supersedes parts of earlier laws, including the Constitution Act 1855.
- Signatory: Governor Harry Rawson.
- Amendments: 97 total (89 by Parliament, 8 by referendums).
- Structure: The Act started with six parts and has grown to eleven parts over time.

How it can be changed
- Most changes can be made by ordinary Acts of Parliament.
- Some parts require a referendum of NSW voters to change.

Important history and points
- In 1853, NSW’s early constitution bill was not approved by the Queen; in 1855 the Imperial Parliament passed a modified version.
- The 1902 Act replaced parts of earlier laws.
- Unlike Australia’s Constitution (for the whole country), NSW’s constitution did not originally require a referendum to alter most of its provisions.
- In 1929, NSW added Section 7A, which requires a referendum before abolishing the Legislative Council. In 1930–1932, courts upheld that Section 7A could not be repealed without a referendum.
- As of late 2025, there have been 18 NSW referendums, 8 of which dealt with changes to the NSW Constitution (about half of those involved the Legislative Council). Some referendums were about topics other than constitutional changes (e.g., federation questions, alcohol laws).

Relation to the Commonwealth
- Australia’s federal Constitution creates the Commonwealth and sets limits on its powers. State laws must give way when they conflict with federal laws (Section 109).
- In the early years, the High Court protected state powers and the independence of state courts, but that approach changed after the Engineers’ Case in 1920.
- The High Court today still recognizes the independence of state Supreme Courts, and that state parliaments and courts must not be given powers that interfere with each other.