List of New South Wales state by-elections


This is a list of by-elections for the New South Wales Legislative Assembly. A by-election may be held when a member's seat becomes vacant through resignation, death or some other reasons. These are referred to as casual vacancies.
  • Brackets around a date indicate that the candidate was unopposed when nominations closed or that, as a result of an appeal against an election result, the sitting member was replaced by the appellant. These candidates were declared "elected unopposed" with effect from the date of the closing of nominations or appeal decision, and there was no need to hold a by-election.
  • By-elections which resulted in a change in party representation are highlighted as: Gains for the Labor Party and its splinter groups in ; for the Liberal Party and its predecessors in ; for the National Party and its predecessors in ; for independents and minor parties in ; for the Free Trade Party in and for the Protectionist Party in.

Fifty-eighth Legislative Assembly 2023–2027

!By-election !! Incumbent !! colspan=2|Party !! Reason !! Date !! Winner !! colspan=2|Party

Fifty-seventh Legislative Assembly 2019–2023

!By-election !! Incumbent !! colspan=2|Party !! Reason !! Date !! Winner !! colspan=2|Party

Fifty-sixth Legislative Assembly 2015–2019

!By-election !! Incumbent !! colspan=2|Party !! Reason !! Date !! Winner !! colspan=2|Party

Fifty-fifth Legislative Assembly 2011–2015

!By-election !! Incumbent !! colspan=2|Party !! Reason !! Date !! Winner !! colspan=2|Party

Fifty-fourth Legislative Assembly 2007–2011

!By-election !! Incumbent !! colspan=2|Party !! Reason !! Date !! Winner !! colspan=2|Party

Fifty-third Legislative Assembly 2003–2007

!By-election !! Incumbent !! colspan=2|Party !! Reason !! Date !! Winner !! colspan=2|Party

Fifty-second Legislative Assembly 1999–2003

!By-election !! Incumbent !! colspan=2|Party !! Reason !! Date !! Winner !! colspan=2|Party

Fifty-first Legislative Assembly 1995–1999

!By-election !! Incumbent !! colspan=2|Party !! Reason !! Date !! Winner !! colspan=2|Party

Fiftieth Legislative Assembly 1991–1995

!By-election !! Incumbent !! colspan=2|Party !! Reason !! Date !! Winner !! colspan=2|Party

Forty-ninth Legislative Assembly 1988–1991

!By-election !! Incumbent !! colspan=2|Party !! Reason !! Date !! Winner !! colspan=2|Party
  • Although the Vaucluse by-election was set for 18 June 1988, Michael Yabsley was declared elected unopposed on the close of nominations on 6 June.

Forty-eighth Legislative Assembly 1984–1988

!By-election !! Incumbent !! colspan=2|Party !! Reason !! Date !! Winner !! colspan=2|Party

Forty-seventh Legislative Assembly 1981–1984

!By-election !! Incumbent !! colspan=2|Party !! Reason !! Date !! Winner !! colspan=2|Party

Forty-sixth Legislative Assembly 1978–1981

!By-election !! Incumbent !! colspan=2|Party !! Reason !! Date !! Winner !! colspan=2|Party

Forty-fifth Legislative Assembly 1976–1978

!By-election !! Incumbent !! colspan=2|Party !! Reason !! Date !! Winner !! colspan=2|Party

Forty-fourth Legislative Assembly 1973–1976

!By-election !! Incumbent !! colspan=2|Party !! Reason !! Date !! Winner !! colspan=2|Party

Forty-third Legislative Assembly 1971–1973

!By-election !! Incumbent !! colspan=2|Party !! Reason !! Date !! Winner !! colspan=2|Party

Forty-second Legislative Assembly 1968–1971

!By-election !! Incumbent !! colspan=2|Party !! Reason !! Date !! Winner !! colspan=2|Party

Forty-first Legislative Assembly 1965–1968

!By-election !! Incumbent !! colspan=2|Party !! Reason !! Date !! Winner !! colspan=2|Party

Fortieth Legislative Assembly 1962–1965

!By-election !! Incumbent !! colspan=2|Party !! Reason !! Date !! Winner !! colspan=2|Party

Thirty-ninth Legislative Assembly 1959–1962

!By-election !! Incumbent !! colspan=2|Party !! Reason !! Date !! Winner !! colspan=2|Party

Thirty-eighth Legislative Assembly 1956–1959

!By-election !! Incumbent !! colspan=2|Party !! Reason !! Date !! Winner !! colspan=2|Party

Thirty-seventh Legislative Assembly 1953–1956

!By-election !! Incumbent !! colspan=2|Party !! Reason !! Date !! Winner !! colspan=2|Party

Thirty-sixth Legislative Assembly 1950–1953

!By-election !! Incumbent !! colspan=2|Party !! Reason !! Date !! Winner !! colspan=2|Party

Thirty-fifth Legislative Assembly 1947–1950

!By-election !! Incumbent !! colspan=2|Party !! Reason !! Date !! Winner !! colspan=2|Party

Thirty-fourth Legislative Assembly 1944–1947

!By-election !! Incumbent !! colspan=2|Party !! Reason !! Date !! Winner !! colspan=2|Party

Thirty-third Legislative Assembly 1941–1944

!By-election !! Incumbent !! colspan=2|Party !! Reason !! Date !! Winner !! colspan=2|Party

Thirty-second Legislative Assembly 1938–1941

!By-election !! Incumbent !! colspan=2|Party !! Reason !! Date !! Winner !! colspan=2|Party

Thirty-first Legislative Assembly 1935–1938

!By-election !! Incumbent !! colspan=2|Party !! Reason !! Date !! Winner !! colspan=2|Party

Thirtieth Legislative Assembly 1932–1935

!By-election !! Incumbent !! colspan=2|Party !! Reason !! Date !! Winner !! colspan=2|Party

Twenty-ninth Legislative Assembly 1930–1932

!By-election !! Incumbent !! colspan=2|Party !! Reason !! Date !! Winner !! colspan=2|Party

Twenty-eighth Legislative Assembly 1927–1930

!By-election !! Incumbent !! colspan=2|Party !! Reason !! Date !! Winner !! colspan=2|Party

Twenty-seventh Legislative Assembly 1925–1927

The 25th, 26th and 27th Legislative Assemblies were elected using a form of proportional representation with multi-member seats and a single transferable vote. Under the provisions of the Parliamentary Elections Act, casual vacancies were filled by the next unsuccessful candidate on the incumbent member's party list. If an Independent member retired, the Clerk of the Assembly determined who would fill the vacancy based on the departing members voting record in questions of confidence. The date listed as the by-election date is the day on which the new member was sworn into the Assembly.
!Electorate !! Incumbent !! colspan=2|Party !! Reason for vacancy !! Date of appointment !! Person appointed !! colspan=2|Party
¶ Kay had supported the Lang Government in votes of confidence in the Assembly, the Clerk of the Parliament therefore named the first unsuccessful Labor candidate in the North Shore electorate as his replacement.

Twenty-sixth Legislative Assembly 1922–1925

!Electorate !! Incumbent !! colspan=2|Party !! Reason for vacancy !! Date of appointment !! Person appointed !! colspan=2|Party

Twenty-fifth Legislative Assembly 1920–1922

!Electorate !! Incumbent !! colspan=2|Party !! Reason for vacancy !! Date of appointment !! Person appointed !! colspan=2|Party
The Speaker had received correspondence nominating two unsuccessful candidates from the 1920 election, Thomas Hynes and John O'Reilly. However, the terms of the Parliamentary Elections Act stated that a nomination to fill the vacancy had to come from a recognised party leader. Labor leader and Premier John Storey nominated Jabez Wright.
‡Millard had been appointed to replace Gus James and, as there were no further unsuccessful Nationalist candidates, the Parliamentary Elections Act was amended to allow his replacement by another Nationalist supporter.

Twenty-fourth Legislative Assembly 1917–1920

!By-election !! Incumbent !! colspan=2|Party !! Reason !! Date !! Winner !! colspan=2|Party

Twenty-third Legislative Assembly 1913–1917

!By-election !! Incumbent !! colspan=2|Party !! Reason !! Date !! Winner !! colspan=2|Party

Twenty-second Legislative Assembly 1910–1913

!By-election !! Incumbent !! colspan=2|Party !! Reason !! Date !! Winner !! colspan=2|Party
Mudgee Labor MLA Bill Dunn and Liverpool Plains Labor MLA Henry Hoyle resigned from the Labor Party and Parliament on 25 July 1911 in protest at legislation on land ownership introduced by Lands Minister, Niels Nielson. As a result, Labor was left without a majority in the house and rather than face a vote of no confidence, the Ministry and Speaker resigned. This forced the House to be prorogued with the result that Cobar Labor MLA, Donald Macdonell, who was unwell but expected to recover, was automatically expelled for non-attendance during an entire session. By the time of the subsequent by-elections, Labor policy had been reversed and Nielsen had left the ministry. Dunn rejoined the party and successfully re-contested, the Mudgee by-election on 16 August 1911. Hoyle did not re-contest the Liverpool Plains by-election which was won by Liberal candidate, John Perry by three votes on the same day. This result was overturned on appeal and at the second by-election on 28 October, Labor candidate, William Ashford was successful. In Cobar, Macdonell was unopposed when re-elected on 7 October, but died three weeks later. The Labor candidate, Charles Fern was unopposed at the second by-election on 16 December. Denied further ministerial appointment Nielsen resigned from the seat of Yass and Labor candidate Greg McGirr won the resultant by-election on 19 July 1913.

Twenty-first Legislative Assembly 1907–1910

!By-election !! Incumbent !! colspan=2|Party !! Reason !! Date !! Winner !! colspan=2|Party

Twentieth Legislative Assembly 1904–1907

!By-election !! Incumbent !! colspan=2|Party !! Reason !! Date !! Winner !! colspan=2|Party

Nineteenth Legislative Assembly 1901–1904

!By-election !! Incumbent !! colspan=2|Party !! Reason !! Date !! Winner !! colspan=2|Party

Eighteenth Legislative Assembly 1898–1901

!By-election !! Incumbent !! colspan=2|Party !! Reason !! Date !! Winner !! colspan=2|Party

Seventeenth Legislative Assembly 1895–1898

!By-election !! Incumbent !! colspan=2|Party !! Reason !! Date !! Winner !! colspan=2|Party

Sixteenth Legislative Assembly 1894–1895

!By-election !! Incumbent !! colspan=2|Party !! Reason !! Date !! Winner !! colspan=2|Party

Fifteenth Legislative Assembly 1891–1894

!By-election !! Incumbent !! colspan=2|Party !! Reason !! Date !! Winner !! colspan=2|Party

Fourteenth Legislative Assembly 1889–1891

!By-election !! Incumbent !! colspan=2|Party !! Reason !! Date !! Winner !! colspan=2|Party

Thirteenth Legislative Assembly 1887–1889

!By-election !! Incumbent !! colspan=2|Party !! Reason !! Date !! Winner !! colspan=2|Party

Twelfth Legislative Assembly 1885–1887

! By-election
! Incumbent
! Reason
! Date
! '''Winner'''

Eleventh Legislative Assembly 1882–1885

! By-election
! Incumbent
! Reason
! Date
! '''Winner'''

Tenth Legislative Assembly 1880–1882

! By-election
! Incumbent
! Reason
! Date
! '''Winner'''

Ninth Legislative Assembly 1877–1880

! By-election
! Incumbent
! Reason
! Date
! '''Winner'''

Eighth Legislative Assembly 1874–1877

! By-election
! Incumbent
! Reason
! Date
! '''Winner'''

Seventh Legislative Assembly 1872–1874

! By-election
! Incumbent
! Reason
! Date
! '''Winner'''

Sixth Legislative Assembly 1869–1872

! By-election
! Incumbent
! Reason
! Date
! '''Winner'''

Fifth Legislative Assembly 1864–1869

! By-election
! Incumbent
! Reason
! Date
! '''Winner'''

Fourth Legislative Assembly 1860–1864

! By-election
! Incumbent
! Reason
! Date
! '''Winner'''

Third Legislative Assembly 1859–1860

! By-election
! Incumbent
! Reason
! Date
! '''Winner'''

Second Legislative Assembly 1858–1859

! By-election
! Incumbent
! Reason
! Date
! '''Winner'''

First Legislative Assembly 1856–1858

! By-election
! Incumbent
! Reason
! Date
! '''Winner'''

Causes

A by-election may occur whenever there is a vacancy in the Legislative Assembly.
Vacancies can occur for reasons including:DeathVoluntary resignation for any reason; historically these reasons have included:
  • * Retirement
  • * Health issues
  • * Family or business commitments
  • * Prolonged absence from the state—this occurred most commonly in the period when travel to Europe required a long sea voyage
  • * Loss of cabinet position, e.g., the resignation of Reba Meagher in 2008 after she lost the position of Minister for Health
  • * Matters of principle, e.g., Billy Dunn resigned from the seat of Mudgee in 1911 after disagreeing with his party's land ownership legislation.
  • * Resignation or expulsion from a political party
  • * To create a vacancy for a party leader who did not have a seat. This occurred most recently in 1986 when Rockdale MLA Brian Bannon resigned to enable newly elected party leader Barrie Unsworth to transfer from the Legislative Council to the Legislative Assembly.
  • * Public disgrace
  • * As a result of an inducement from an opposing party and thus create the potential for that party to increase its representation e.g. Independent MLA Alick Kay accepted an appointment to the Metropolitan Meat Board in 1927. Under a controversial use of the Legislative Assembly Act, he was replaced by Labor's Arthur Tonge; this gave the government of Jack Lang a secure majority in the house.
  • Constitutional ineligibility to be a Member of the Legislative Assembly, including:
  • *Election result voided or overturned on appeal—appeals were initially made to the Qualifications Committee of the Assembly but since 1928 they have been determined by the Court of Disputed Returns
  • *Election to two seats—in which case the member was required to resign from one seat
  • *Appointment or election to the Legislative Council This occurred most commonly prior to 1936, when members of the council were appointed for life by the governor
  • *Election to another parliament, particularly federal parliament—members are required to resign prior to the issuing of the writs for the other parliament's election
  • *Having or accepting a position of profit under the crown
  • *Not being a citizen of Australia
  • *Non-residence in New South Wales for more than 6 months prior to election
  • *Becomes of "unsound mind"
  • *Insolvency
  • *Conviction for a major criminal offence or, since 2007, having faced trial on a charge of sexual abuse of a minor
  • *Absence from the house for an entire session without leave
  • *Expulsion from the house for infamous conduct
  • *Ministerial appointment Until 1904, members appointed to a ministerial position were required to face a by-election. These were generally uncontested. The political instability of New South Wales in the Nineteenth century caused a very large number of these by-elections and for convenience they have not been listed unless the minister was defeated.
It is now a convention that a by-election is not held if a vacancy occurs within 3–4 months of an expected dissolution of the parliament.