Government of New South Wales

The form of the Government of New South Wales is prescribed in its Constitution, which dates from 1856, although it has been amended many times since then. Since 1901, New South Wales has been a state of the Commonwealth of Australia, and the Australian Constitution regulates its relationship with the Commonwealth. Under the Australian Constitution, New South Wales ceded legislative and judicial supremacy to the Commonwealth, but retained powers in all matters not in conflict with the Commonwealth.

Section 109 of the Australian Constitution provides that, where a State law is inconsistent with a federal law, the federal law prevails (to the extent of the inconsistency). The New South Wales Constitution says: "The Legislature shall, subject to the provisions of the Commonwealth of Australia Constitution Act, have power to make laws for the peace, welfare, and good government of New South Wales in all cases whatsoever." Initially the Australian states retained significant independence. Over time, however, that independence has been greatly eroded by both the proliferation of Commonwealth Law, and the increasing financial domination of the Commonwealth.