Traditional Aboriginal society had been governed by councils of elders and a corporate decision making process, but the first European-style governments established after 1788 were autocratic and run by appointed governors—although English law was transplanted into the Australian colonies by virtue of the doctrine of reception, thus notions of the rights and processes established by the Magna Carta and the Bill of Rights 1689 were brought from Britain by the colonists. Agitation for representative government began soon after the settlement of the colonies.[195]
The oldest legislative body in Australia, the New South Wales Legislative Council, was created in 1825 as an appointed body to advise the Governor of New South Wales. William Wentworth established the Australian Patriotic Association (Australia's first political party) in 1835 to demand democratic government for New South Wales. The reformist attorney general, John Plunkett, sought to apply Enlightenment principles to governance in the colony, pursuing the establishment of equality before the law, first by extending jury rights to emancipists, then by extending legal protections to convicts, assigned servants and Aborigines. Plunkett twice charged the colonist perpetrators of the Myall Creek massacre of Aborigines with murder, resulting in a conviction and his landmark Church Act of 1836 disestablished the Church of England and established legal equality between Anglicans, Catholics, Presbyterians and later Methodists.[196]
In 1840, the Adelaide City Council and the Sydney City Council were established. Men who possessed 1,000 pounds worth of property were able to stand for election and wealthy landowners were permitted up to four votes each in elections. Australia's first parliamentary elections were conducted for the New South Wales Legislative Council in 1843, again with voting rights (for males only) tied to property ownership or financial capacity. Voter rights were extended further in New South Wales in 1850 and elections for legislative councils were held in the colonies of Victoria, South Australia and Tasmania.[197]
By the mid-19th century, there was a strong desire for representative and responsible government in the colonies of Australia, fed by the democratic spirit of the goldfields evident at the Eureka Stockade and the ideas of the great reform movements sweeping Europe, the United States and the British Empire. The end of convict transportation accelerated reform in the 1840s and 1850s. The Australian Colonies Government Act [1850] was a landmark development which granted representative constitutions to New South Wales, Victoria, South Australia and Tasmania and the colonies enthusiastically set about writing constitutions which produced democratically progressive parliaments—though the constitutions generally maintained the role of the colonial upper houses as representative of social and economic "interests" and all established Constitutional Monarchies with the British monarch as the symbolic head of state.[198]
In 1855, limited self government was granted by London to New South Wales, Victoria, South Australia and Tasmania. An innovative secret ballot was introduced in Victoria, Tasmania and South Australia in 1856, in which the government supplied voting paper containing the names of candidates and voters could select in private. This system was adopted around the world, becoming known as the "Australian Ballot". 1855 also saw the granting of the right to vote to all male British subjects 21 years or over in South Australia. This right was extended to Victoria in 1857 and New South Wales the following year. The other colonies followed until, in 1896, Tasmania became the last colony to grant universal male suffrage.[197]
Propertied women in the colony of South Australia were granted the vote in local elections (but not parliamentary elections) in 1861. Henrietta Dugdale formed the first Australian women's suffrage society in Melbourne, Victoria in 1884. Women became eligible to vote for the Parliament of South Australia in 1895. This was the first legislation in the world permitting women also to stand for election to political office and, in 1897, Catherine Helen Spence became the first female political candidate for political office, unsuccessfully standing for election as a delegate to the Federal Convention on Australian Federation. Western Australia granted voting rights to women in 1899.[199][200]
Legally, indigenous Australian males generally gained the right to vote during this period when Victoria, New South Wales, Tasmania and South Australia gave voting rights to all male British subjects over 21only Queensland and Western Australia barred Aboriginal people from voting. Thus, Aboriginal men and women voted in some jurisdictions for the first Commonwealth Parliament in 1901. Early federal parliamentary reform and judicial interpretation however sought to limit Aboriginal voting in practice—a situation which endured until rights activists began campaigning in the 1940s.[201]
Though the various parliaments of Australia have been constantly evolving, the key foundations for elected parliamentary government have maintained an historical continuity in Australia from the 1850s into the 21st century.
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