Description

This article is from the soc.culture.australian FAQ, by Stephen Wales with numerous contributions by others.

7.4.1 History of Australian "Independence"

* Outline [ZS]

1-Jan-1901 - Federation: After many years of debate the six British
colonies have finally agreed to unite, and on this date become a
federation of six states under an Act of the British parliament. In
many respects the new federation is an independent country. It has
its own constitution, its own parliament and is responsible for its
own laws, police, defence, currency, immigration and so on. However,
legal, economic and social ties to Britain remain very strong. The
British monarchy has a formal role in the Australian government. Some
court cases can be appealed to British courts. Furthermore, at least
in theory, Britain could overrule Australian laws or even change the
constitution. As a practical matter, Australians see themselves as a
loyal part of the British Empire. [RS]

[MJ] I disagree that Australia was in any great sense an independent
country at this point. It was self-governing, yes, but it had no foreign
policy of its own (the lack of a provision for this in the constitution
has caused problems in recent years; largely it has been made up by
the high court, no terribly satisfactory in my opinion) and the
British government had an absolute right of veto over Australian
law (see section 59 of the constitution: in its original form when
the constitution gives powers to the 'Queen', the Queen is acting on the
advice of her British government: when the power is given to the
'Governor-General' the G-G is acting on the advice of the Australian
government.

1931 - The UK passes the Statute of Westminster act. This grants
independence to Canada, Ireland, New Zealand and South Africa; it also
authorises the Australian Parliament to declare independence whenever
it feels like it. However, the Australian States are specifically
excluded from the act.

[MJ] IMO, this is the best date from which to say Australia was
independent. This is open to debate of course. It was a gradual
process.

3-Sep-1939 - WWII breaks out; nothing directly significant to
independence happens, but this date will become significant later.

1942 - Australia passes the Statute of Westminster Acceptance Act,
thus declaring independence; the Act is backdated to 3-Sep-1939.
However, as mentioned before, the States remained colonies. From
3-Sep-1939, the Commonwealth of Australia is an independent country
made up of a federation of six British colonies! The UK no longer has
the power to make laws, give orders, or in any other way interfere
with the Commonwealth of Australia; but it can, and occasionally does,
interfere with the States.

1986 - Australia, the UK, and all six States pass the Australia Act,
and the Queen comes out here to sign it. Among other things, this act
finally grants independence to the States.

[MJ] And this ends appeals to British courts from state courts. At the
federal level, this right had been given up several decades earlier.

1992. The Australian Republican Movement is launched as a
"non-political" organisation. (See Section 8.5 below).

* Comments [JB]

I think that Zev was just a teensy bit sweeping in describing the
new Commonwealth as a colony. While its status fell a long way short
of the independence we "enjoy" today, it was in no ways the same as a
common or garden colony. Let me gives some examples.

During WWI the British army passed a routine request to the Aus,
Canadian, NZ, SA, etc. governments that their troops be dealt with
under the usual military law. While all the other Dominions agreed,
Australia refused (memories of Morant, etc. being still rather
bitter). The Brits muttered, complained, but could not override.
Consequently although New Zealanders and Canadians are among the 500
odd troops shot for "cowardice" in France, there are no Australians. I
do not think this was the outcome we would have seen if Australia had
just been a colony.

When Queensland "colonized" Papua in 189x(?), the Poms kicked up a
stink and took it (reluctantly) for themselves, saying that colonies
could not have colonies of their own (unlike fleas.) Papua was handed
to Australia in 1906, so in that respect, at least, the Commonwealth
was not regarded as a colony.

The battle by Hughes, et al. for separate representation at Versailles
was also an interesting commentary on attitudes to colonies. While the
UK obviously did not regard us as a colony, they did regard as as
being part of their Empire. So did the Yanks, and in fact Wilson was
quite opposed to separate representation.

All these points are a bit subtle though, and I think Zev's original
statement is closer to the truth than the usual guff about us becoming
a "new nation" at federation. I also agree that our real
independence began in 1986, although I don't think it will be absolute
until we are rid of the monarchy, the Act of Settlement, etc. etc.

Continue to:

• prev: 7.1 Tasmanian Aborigines and Trugannini
• Index
• next: 7.4.2 Aboriginal Voting [JM]