Secession - Can a State or person secede from Australia?

This video answers two questions from viewers. The first is why Western Australia failed in its attempt to secede from Australia in the 1930s. The second is whether a State or a person can secede from Australia today.

The video discusses the Western Australian secession campaign, the referendum passed in the State in favour of secession, and how the State petitioned the Westminster Parliament to amend the Commonwealth of Australia Constitution Act 1900 to withdraw Western Australia from the Commonwealth and to establish it as the Dominion of Western Australia, with the same constitutional status as the Commonwealth of Australia.

It explains why a Joint Select Committee of the Westminster Parliament refused to 'receive' the petition, taking into account the provisions of the Statute of Westminster (which had not yet been adopted in Australia) and constitutional practice in the United Kingdom, which required the consent of the Commonwealth before it would legislate.

The video addresses what would be needed for the Commonwealth Constitution to be changed today, to permit secession, and how the position is different today because the Westminster Parliament no longer has power to amend the Commonwealth Constitution in a way that would affect Australia.

It concludes by discussing the validity of claims by individuals to have seceded from Australia and established their own separate countries. It notes some of the court judgments that have rejected these claims as invalid.

[TheFman]

I love how this channel provides historical and constitutional contexts to many current issues facing Australia.

[divarachelenvy]

Finally showing that the "sovereign citizen" angle is bogus... Thank you..

[robertfarquharson]

Petition for Constitutional Clarion to be a regular ABC segment.

[davidwilkie]

Improved my understanding of participation in Australian culture about 110%, excellent, thank you.

The dominion question/assertion is a day-to-day circumstance between the heirachical dominance structure and peer-to-peer competition. Ie yes there's an authority that derives from universal unity-connection and the competition for resources that results in speciation.
Personally, education and scientific analysis is the preferred method for resolution of innate differences.

[Robert-xsmv]

Is there a legal difference between secession and declaration of independence?
Surely any region could declare its independence, in theory, but the actual consequences of doing so would be insurmountable. Getting recognition of other nations, as is the physical aspect of creating a new nation state might well be beyond the scope of such regions to achieve.

[ChrisIlsley-eufg]

Leonard Casley's 'secession' stemmed from his objection to - and subsequent dispute over - WA wheat quotas.

It is probably fair to say he was largely ignored by both Commonwealth and State authorities for most of the years following his supposed 'secession'. The Hutt River 'Province' was in mid Western Australia and little more than a quaint tourist attraction.

Casley was more a nuisance to authorities from time to time.

Nevertheless, the ATO was always coming for its pound of flesh, something Casley either ignored or couldn't see. Moves to claim unpaid tax didn't happen until after Leonard Casley died in 2019. His wife, Shirley, pre-deceased him some 6 years prior.

Once Casley died, there was no doubt the land on which Hutt River sat would be sold to cover back taxes.

[lukeunderwood]

This Western Australian thanks you for the video.

[HomeAutomated-vr]

Hello, can you help me with a question please? How can they pass DV laws in Australia where the aggrieved's complaint (that is not filmed) can be dated from anytime they were in a relationship/s, or not even in a relationship. And those statements are considered by judges as being 100% true without any investigation to support the aggrieveds claims. The only proof needed is a signed statemt. And the law states that statement made (for whatever reason) cannot be withdrawn, only ammended. Where on earth are our Australian citizens right to a fair trial? When such ignorance to finding the truth is completly ignored and grossly putting Australian men in gaol without any course or pursuit of an investigation to prove all the facts. What the hell is going on, how is this not against constitutional rights, let alone humann, civil and God given rights. Any help appreciated. P.s. your videos are legendary wealths of information to fellow Australians, thankyou for your contribution to our history and culture.

[pshehan]

The 'founding fathers' who drew up the constitution to be enacted by the British parliament were old enough for the American Civil war to be within their living memory.

The issue of secession had been settled at the cost of 600, 000 lives and the economic destruction of the South. Our founders did not want secession to be tested in that way.

The claim of self proclaimed 'sovereign citizens' to be immune from prosecution is given short shrift by the courts.

I would like to see how the former 'Prince Leonard of the Hutt River Province" would have reacted if an Outlaw Bikie gang had decided to cross his borders and invade and conquer his Principality.

[MenaceGallagher]

The idea of whether or not secession is "permitted" by any given state has always been somewhat laughable to me. Any populus who is sufficiently determined to acheive independendence will do so regardless of the legality of doing so in the eyes of the parent state (sufficiently determined being the operative phrasing here).
Given that this channel focuses on the legal angle though, a wonderful video!

[cesargodoy]

Thank you for answering my request! .very interesting stuff
I think today seccesion in a developed country would look basically like a "no your not" "Yes I am" situation until resolved by elections or a higher court [which is basically what happened in WA]

have you ever thought about doing a video on a non australian subject? I know you did a few on England, but It would be interesting in my opinion to see how different consitutions compare and the like.

Thank you very much for the video!

[keithad]

Talking with Westralians a few years back, they were of the view the failure of the WA referendums re secession was due to so many Eastern Australians working in the Western Australian Goldfields voting to keep WA as part of the Federations.

[jonnaughton]

I have a related question. Given each State had to enact their own legislation to remove the idea of male primogeniture to avoid each State having a different line of succession (with WA being the last State to pass their own Succession to the Crown Act)

Now, if Australians went to a federal referendum to make us a republic and it passed:

QUESTION 1: Does each State have to pass its own legislation to remove the King of Australia as Head of State of their own State?

QUESTION 2: Assuming a yes to Question 1, what would happen (constitutionally) if, for example, WA refused to enact such legislation? Would it mean that a State, in effect, leaves the new republic? Or would it still be forced to remain part of the Republic of Australia, only with a different Head of State than the other Australian States? Or could the Australian Government do something else to avoid de facto said State independence without even the need for a referendum (ie simply not changing or repealing the relevant state legislation needed to change Australia to a republic)?

What would be the effect of a State not ratifying or agreeing to a federal referendum on a republic?

[lukeprimon]

Excellent video. Love the book Chameleon Crown. It would be great to talk about the Australia Act 1986 (Cth) I note this Act was passed in Australia and Britain without a referendum or a vote by the Australian people

[gregrussell]

A couple of clowns in NSW tried to secede from the state…mainly to get out of paying their mortgages! The Supreme Court of NSW shut that down pretty quickly. One goose tried to claim a Christmas card from Bob Hawke when he was PM recognised their existence as a “sovereign state” lol

[keithad]

Perhaps a longer video on Hutt River Province - the original 1970s legal tactics using old English law and UN law such as Leonard declaring War on Australia, then withdrawing the declaration which supposedly meant he was an undefeated nation under UN rukes. Whether it is believed Prince Leonard successfully seceded from Australia or not, the fact is, that the Aussie Govt left the province alone for years. Also worth looking into is the WA govt introducing laws in the 1960s limiting the amount of produce Leonard could produce on his farm and had a disastrous financial affect upon Leonard which caused Leonard to set in motion his bid to secede.

[Maclabhruinn]

Fascinating discussion, and a useful and important conclusion. Potential topic for a future video: should the government in Canberra be referred to as the "Federal Government of Australia" or the "Commonwealth Government of Australia"? For that matter, what is the name of our country: is it "Commonwealth of Australia", or just "Australia"? The Acts Interpretation Act (1973) seemed to torpedo the "Commonwealth" moniker; but was it merely deprecated, or eliminated? Enquiring minds would love to hear your analysis of the situation.

[IT-sqrj]

It ia great that you cover Our dear Prince Leonard.

Actually got one of their coins in an auction.

[johnfitzpatrick]

Hi Professor,
Really enjoyed your teaching of succession and revision on English Parliament-The Constitution of Australia Act 1901
Also Western Australia's variations to other states.
I wonder why WA has its own Family Court?
I will 'dig out' my copy of the Constitution: it's just a small softcover booklet with Parliament House on the cover I purchased for a couple of bucks at Southern Cross Uni.
I also got my annotated legislation, from memory;
* Crimes Act 1900
* Summary Offences Act
* Sentencing Procedure
So on and so forth
🇦🇺🌏

[BoydAdams-z]

So what about Norfolk Island. Norfolk Island is not constitutionally part of Australia and is outside of the federation of Australia.
We Bounty Descent never agreed to any terms of conditions to be part of Australia.