1977 Australian referendum (Retirement of Judges)
The "Constitution Alteration (Senate Casual Vacancies) Bill 1977", concerning the filling of casual vacancies in the Senate. The "Constitution Alteration (Retirement of Judges) Bill" 1977 was a successful proposal to alter the Australian Constitution to introduce a retirement age of 70 for federal judges. It was put to voters for approval in a referendum held on 21 May 1977. After being approved in the referendum, it received the royal assent and became law on 29 July 1977. Question. "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?" Changes to the text of the constitution. The proposal was to add the following paragraphs at the end of section 72. 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 The committee's view was accepted by the Australian Constitutional Convention soon thereafter. The amendment introduced in the following year sought to provide for a retiring age of 70 for all federal court judges, including those on the High Court. 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 and Federal judges appointed prior to the referendum were unaffected. Of the serving High Court judges, only Sir Garfield Barwick 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 Sir Harry Gibbs and Sir Anthony Mason, who were appointed Chief Justice and thus lost their right to the original  life tenure. Several Federal judges made use of their original tenure, with judges of the Australian Industrial Court Sir Percy Joske retiring on 31 December 1977 aged , and Edward Dunphy retiring on 31 December 1982 aged . Five Federal Court judges did not retire at age 70, Sir Nigel Bowen (1990), aged , Sir John Nimmo (1980) aged 71, Sir Reginald Smithers (1986) aged 83, Charles Sweeney (1995) aged 80 and Ray Northrop (1998) aged 73. References. ! | Amendments to the Constitution of Australia