The role of the British Government

 
The actions of Sir Philip Game in the dismissal of Jack Lang need to be considered in light of Australia as part of the British Empire. As part of the Empire, the role of the British Government, through the Dominions Office, was an important factor leading to the dismissal.

The documents from the Dominions Office show a history of building tension between the British Government and Premier Lang. The tensions began when Lang was elected Premier for the first time in 1925.

Unlike most other states, the New South Wales Parliament initially adopted an Upper House called the Legislative Council. The number of members was not fixed and its members were not elected, but nominated for life by the Governor through advice from the government.

After a number of government initiatives were defeated in the Upper House, Lang set about abolishing it. He attempted to “swamp” it with Labor sympathisers. Governor de Chair resisted this tactic but had little choice in approving the appointments.

Lang also prepared draft legislation to abolish the Upper House. The legislation was not passed as some new Upper House Labor members did not support it.

When in 1927 the Governor refused the appointment of 10 additional members and with internal problems in the Labor Party, Lang dissolved Parliament and resigned. He was defeated in a general election and Bavin took office.

The Bavin Government was able to amend the section 7A of the New South Wales Constitution. The amendment required a referendum to abolish the Upper House.

In 1930 Lang was again elected to office. He requested that Governor Game appoint sufficient new members to the Upper House so that a bill for its abolition could be passed. Since section 7A required referendum to abolish the Legislative Assembly, the Governor questioned the legality of the request.

After deliberating with Lang and advice from the Crown Law Office, Governor Game saw no reason why Bills proposed by Lang to appoint 80 new Upper House members could not be given assent.

To extracts from Morrison, A.S., Further Documents and Comment on the New South Wales Constitutional Crisis 1930 – 1932, 1984, London, University of London (PhD thesis)