However, unlike the Federal Constitution, the courts have found this does not mean there is a formal separation of powers at the state level.

Instead the Imperial Parliament at Westminster passed what is referred to as the Constitution Statute 1855 (Imp) which included a modified bill as schedule.

In 1929 the parliament passed an amendment to the Constitution Act which inserted section 7A, requiring a referendum before the Legislative Council could be abolished.

[14] In 1930 Labor MLCs put forward two bills, one to repeal section 7A, the other to abolish the Council.

[17] As of December 2024[update], the Constitution Act 1902 has been amended through Parliament by the following Acts:[18] There have been 18 referendums in New South Wales, 8 of which concerned proposals to amend the New South Wales Constitution, half of which concerned the Legislative Council.