New South Wales Act 1823 (UK)
Encyclopedia
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".
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 Thomas 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.
, being a court of equivalent authority to that of the Kings 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.
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.
Background
The Act was passed in response to growing criticism in the colony of New South WalesNew South Wales
New South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. 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 Thomas Bigge was sent from London in 1819 to report on the state of the colony. Francis Forbes
Francis Forbes
Sir Francis Forbes was a Chief Justice of the Supreme Court of Newfoundland, and the first Chief Justice of the Supreme Court of New South Wales.-Early life:...
, 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 WalesSupreme Court of New South Wales
The Supreme Court of New South Wales is the highest state court of the Australian State of New South Wales...
, being a court of equivalent authority to that of the Kings 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
Ex-officio member
An ex officio member is a member of a body who is part of it by virtue of holding another office. The term is Latin, meaning literally "from the office", and the sense intended is "by right of office"; its use dates back to the Roman Republic.A common misconception is that the participatory rights...
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
Supreme Court of Tasmania
The Supreme Court of Tasmania is the highest State court in the Australian State of Tasmania. In the Australian court hierarchy, the Supreme Court of Tasmania is in the middle level, and is able to both receive appeals from lower courts, and able to be appealed from.The ordinary sittings of the...
. 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 patentLetters patent
Letters patent are a type of legal instrument in the form of a published written order issued by a monarch or president, generally granting an office, right, monopoly, title, or status to a person or corporation...
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.