Australian referendum, 1977 (Retirement of Judges)
Encyclopedia
The legislation Constitution Alteration (Retirement of Judges) 1977 proposed to create a retirement
age of 70 for judges in federal courts
Chapter III Court
In Australian constitutional law, Chapter Three Courts or Chapter III Courts are courts of law which are a part of the Australian federal judiciary, and thus are able to discharge Commonwealth judicial power...

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The question was put to a referendum in the Australian referendum, 1977
Australian referendum, 1977
The 1977 Australian Referendum was held on 21 May 1977. It contained four referendum questions and one non-binding plebiscite.Referendums:* Simultaneous Elections * Senate Casual Vacancies ...

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Results

It is proposed to alter the Constitution so as to provide for retiring ages for judges of federal courts.

Do you approve the proposed law?
Result
State On
rolls
Ballots
issued
For Against Informal
  %   %
New South Wales 3,007,511 2,774,388 2,316,999 %84.84 414,070 %15.16 43,319
Victoria 2,252,831 2,083,136 1,659,273 %81.43 378,505 %18.57 45,358
Queensland 1,241,426 1,138,842 734,183 %65.24 391,227 %34.76 13,432
South Australia 799,243 745,990 622,760 %85.57 104,987 %14.43 18,243
Western Australia 682,291 617,463 472,228 %78.37 130,307 %21.63 14,928
Tasmania 259,081 246,063 174,951 %72.46 66,478 %27.54 4,634
Total for Commonwealth 8,242,383 7,605,882 5,980,394 %80.10 1,485,574 %19.90 139,914
Obtained majority in all six States and an overall
majority of 4 494 820 votes.
Carried

Discussion

In October 1976 the Senate Standing Committee on Constitutional and Legal Affairs recommended a retiring age for all federal judges. This recommendation was based on
  • a perceived need 'to maintain vigorous and dynamic courts'
  • a need to open up avenues for 'able legal practitioners' to achieve judicial positions
  • a growing community belief in a compulsory retiring age for judges
  • avoiding 'the unfortunate necessity' of removing a judge made unfit for office by declining health.


The committee's view was accepted by the Australian Constitutional Convention soon after.

The amendment introduced in the following year sought to provide for a retiring age of seventy for all federal court judges, including those on the High Court — though not judges appointed before the approval of the referendum. The issue was not controversial, despite Sir Robert Menzies' description of the change as 'superficial and ill-considered'. Over 80 per cent of voters supported the amendment.

The amendment applied prospectively, meaning the tenure of those High Court judges appointed prior to the referendum was unaffected. Only Sir Garfield Barwick
Garfield Barwick
Sir Garfield Edward John Barwick, was the Attorney-General of Australia , Minister for External Affairs and the seventh and longest serving Chief Justice of Australia...

 made use of his original tenure, retiring in 1981 at the age of 77. The remaining judges either retired, resigned, or died, with the exception of Harry Gibbs
Harry Gibbs
Sir Harry Talbot Gibbs, GCMG, AC, KBE, QC was Chief Justice of the High Court of Australia from 1981 to 1987 after serving as a member of the High Court between 1970 and 1981...

 and Anthony Mason, who were appointed Chief Justice and thus lost their right to the original life tenure.

See also

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