Edwin Augustus Lusher

Brief description

PER-55

Full description

Edwin Augustus Lusher, known as Ted, was born 16 June 1916 in Sydney, the son of Augustus William Thomas Lusher and his wife Nelle Rebecca nee Mansfield. He was educated at Newington College, Stanmore, Sydney Church of England Grammar School, and the University of Sydney (LLB 1939). (1)

Whilst studying for his law degree, Lusher was employed as an articled law clerk at 11c Castlereagh Street, Sydney. He qualified as a solicitor on 23 August 1940 and practised out of the same address. On 10 April 1942 he was called to the New South Bar as a barrister and practised initially out of 182 Phillip Street and later from Selborne Chambers, 174 Phillip Street. Working primarily in the Common Law, he had a reputation for learning, forensic skill, and cross-examination. Made a Queen's Counsel circa 1964, he was a Council member of the NSW Bar Association from 1963/64 to 1965/66 and from 1967/68 to 1968/69. He was also active in the Medico-Legal Society of NSW (vice-president 1966-68, president 1969-71, committee member 1972). (2)

Lusher was appointed a Puisne Judge of the Supreme Court of NSW from 29 September 1977. He worked primarily in the Common Law Division and retired on 16 June 1986. In 1989 in an effort to cut Court waiting times, the State Attorney-General JAR Dowd introduced a new system of Acting Judges in both the Supreme Court and the District Court. Acting commissions prior to this had usually been given to potential Judges, but now also included retired Judges. In 1990 Lusher was given two commissions as an Acting Judge of the Supreme Court: from 29 January to 29 June and from 30 June to 10 August. (3)

Lusher presided at two Commissions. The first was the Inquiry into the legalising of gambling casinos, set up by the Wran Government. Its terms of reference, issued on 8 September 1976, were to inquire into and report on social attitudes in NSW towards the introduction and legalisation of casinos and to recommend appropriate government action. Reporting on 19 July 1977, Lusher recommended that legalised casinos should only be introduced to satisfy a perceived demand and to curtail illegal gambling, not to increase State revenue or attract tourism. They should be based on the restricted British 'club' rather than the more commercial American casino. He recommended they be operated by private enterprise under the control of an independent non-political Authority, with strict controls against criminal infiltration. However the Government did not proceed with its plans to legalise casinos. (4)

In 1979, Lusher was appointed by the Wran Government to conduct the Commission of Inquiry into the New South Wales Police Administration. Its terms of reference were to inquire into the structure, organisation and management policies of the police force, concerning recruitment, appointments, promotions, seniority, classification, training and development. It also looked at the structure of the relationship between the Police Force and the Executive Government. Lusher reported on 29 April 1981. He found that the administration relied on an authoritarian style of management, which was aided by the rank structure and disciplined nature of the organisation. He argued that the only way to deal with corruption was to treat it as thought it was endemic and recommended a civilian dominated Police Board. (5)

Lusher had an interest in education. He was part-time Perry Lecturer in Legal Ethics at the Faculty of Law, University of Sydney, from 1967 to 1974 and a part-time lecturer with the Law Extension Committee from 1970 to 1976. He was a member of the Convocation that led to the establishment of Macquarie University and first Honorary Fellow of the Goulburn Police Academy. (6)

Lusher died on 5 January 2000, survived by his wife Gloria Irene nee Lush (whom he married in 1944), and three sons and two daughters. (7)

Endnotes
1. Probate Jurisdiction [Supreme Court of New South Wales]; NRS 13660, Probate packets, 1817 - , Augustus William Thomas Lusher died 10 May 1937, Series 4, No.222640; NSW marriage certificate Augustus WT Lusher and Nelle R Mansfield, 16113/1913; 'Newington College: Notable Newingtonians', http://www.newingtoncollege.nsw.edu.au/public/Community/Alumni/NotableNewingtonians.cfm cited 2 September 2008; Sydney Morning Herald 12 February 2000, p.34; University of Sydney Calendar, 1934, p.490; 1935, p.781; 1936, pp.562, 817; 1937, pp.451, 686; 1938, p.469; 1939, pp.486, 612; 1940, p.581 http://calendararchive.usyd.edu.au/index.php cited 27 May 2008.
2. Probate Jurisdiction [Supreme Court of New South Wales]; NRS 13660, Probate packets, 1817 - , Augustus William Thomas Lusher died 10 May 1937, op.cit.; Barrister and Solicitors Admission Boards; NRS 13667, Roll of Solicitors, 18 February 1937 - 25 July 1952; Reel 2147, p.13; Barristers Admission Board; NRS 13665, Roll of Barristers, 1876-1926; Reel 2147, p.18; Sydney Morning Herald 12 February 2000, p.34; New South Wales Law Almanac, Sydney, NSW Government Printer, 1941, p.95; 1942, p.96; 1943, p.67; 1964, p.75; 1965, p.78; 1966, pp.68, 80; 1967, p.68; 1968, pp.68, 80; 1969, pp.67, 80; 1970, p.68; 1971, p.68; 1972, p.70.
3. New South Wales Law Reports, Sydney, Law Book Company, Vol.2 1977, p.viii; Vol.4 1985-1986, pp.vii, ix; Vol.20 1990-1991, p.ix; Australian Law Journal, Vol.63, October 1989, p.713.
4. D H Borchardt, Checklist of Royal Commissions Select Committees of Parliament and Boards of Inquiry, Commonwealth, New South Wales, Queensland, Tasmania and Victoria, 1960-1980 and South Australia, 1970-1980, Bundoora, Borchardt Library, La Trobe University, 1986, pp.214-5; Australian Institute for Gambling Research, University of Western Sydney Macarthur, 'Australian Gambling Comparative History and Analysis: project report', Melbourne, Victorian Casino and Gaming Authority, October 1999, pp.145-6 http://www.vcgr.vic.gov.au/CA256F800017E8D4/WebObj/BA5F52C5B3108318CA2570290029161B/$File/Project_1999AGCHA.pdf cited 2 September 2008.
5. Jann Ellen Karp, Corruption and crisis control: the nature of the game - New South Wales Police Reform 1996-2006, University of Sydney, Faculty of Arts, Doctor of Philosophy Thesis, 2007, pp. 230, 276-7 http://ses.library.usyd.edu.au/bitstream/2123/2185/2/02whole.pdf cited 2 September 2008.
6. University of Sydney Calendar, op. cit., 1967, p.55; 1970 Vol.1, pp.58, 111; 1974 Vol.1, pp.55-56; 1975 Vol.1, p.54; 1976 Vol.1, p.55, cited 30 June, 10 August and 5 September 2008; Sydney Morning Herald, 12 February 2000, p.34.
7. Sydney Morning Herald, death notice 12 January 2000; 12 February 2000, p.34; NSW marriage index Edwin Augustus Lusher and Gloria Irene Lush, 17979/1944.

Notes

Puisne Judge of the Supreme Court of NSW, 29/09/1977 - 16/06/1986
Acting Judge of the Supreme Court of NSW, 29/01/1990 - 10/08/1990
Commissioner, Inquiry into the legalising of gambling casinos, 08/09/1976 - 19/07/1977
Commissioner, Commission of Inquiry into the New South Wales Police Administration, 1979 - 29/04/1981
Perry Lecturer in Legal Ethics, University of Sydney, 1967 - 1974
Lecturer, Law Extension Committee, University of Sydney, 1970 - 1976