Proportional Representation Society of Australia
The Five Members of the First Legislative Council of New South Wales, 
appointed by the Governor, Sir Thomas Makdougall Brisbane, on 1st December 1823.
Sir Francis Forbes* Chief Justice of New South Wales
Colonel William Stewart Lieutenant-Governor of New South Wales
Frederick Goulburn, Esq. Colonial Secretary of New South Wales
James Bowman, Esq. Principal Surgeon of New South Wales
John Oxley, Esq. Surveyor-General of New South Wales
* His Excellency the Governor did not attend meetings of the Legislative Council personally, so in his absence it became the practice for Sir Francis Forbes to preside at its meetings.

Sir Francis had also, in 1823, contrary to more modern doctrines of the separation of the judicial and legislative branches of government, been appointed to be the first Chief Justice of New South Wales.

It is believed that Sir Francis thought his membership of the Council was incompatible with his judicial office, and that he approved when the Governor later came to preside at the Council's meetings.

In 1842 the Act 5 & 6 Victoria c 76 (Imp.) established a larger Legislative Council with some elected members.