Australian referendum, 1977 (Retirement of Judges)

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The legislation Constitution Alteration (Retirement of Judges) 1977 proposed to create a retirement age of 70 for judges in federal courts. The question was put to a referendum in the Australian referendum, 1977.

[edit] 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
State	On rolls	Ballots issued		%		%	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

[edit] 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.