Members of the New South Wales Legislative Assembly, 1938–1941

This is a list of members of the New South Wales Legislative Assembly from 1938 to 1941, as elected at the 1938 state election.

¹ Coogee MLA John Dunningham died on 26 May 1938. UAP candidate Thomas Mutch won the resulting by-election on 25 June. ² Gordon UAP MLA Harry Turner's election victory was overturned by the Court of Disputed Returns on 25 August 1938. He won the resulting by-election on 24 September. ³ Wollondilly MLA Mark Morton died on 28 September 1938. UAP candidate Jeff Bate, the son of South Coast MLA Henry Bate won the resulting by-election on 12 November. ⁴ Balmain MLA John Quirk died on 13 December 1938. His wife Labor candidate Mary Quirk won the resulting by-election on 14 January 1939. ⁵ Hurstville UAP MLA James Webb died on 14 February 1939. ILP candidate Clive Evatt won the resulting by-election on 18 March. ⁶ Waverley UAP MLA John Waddell died on 15 March 1939. ILP candidate Clarrie Martin won the resulting by-election on 22 April. ⁷ Upper Hunter Country MLA Malcolm Brown died on 29 August 1939. Country Party candidate D'Arcy Rose won the resulting by-election on 7 October. ⁸ Tamworth UAP MLA Frank Chaffey died on 9 July 1940. His son UAP candidate Bill Chaffey won the resulting by-election on 10 August. ⁹ Croydon UAP MLA Bertram Stevens resigned to unsuccessfully contest the federal seat of Lang at the 1940 election. UAP candidate David Hunter won the by-election for his state seat on 7 September. ¹⁰ Ryde UAP MLA Eric Spooner resigned to successfully contest the federal seat of Robertson at the 1940 election. Labor candidate Arthur Williams won the by-election for his state seat on 14 September. ¹¹ Barwon Country MLA Ben Wade resigned to unsuccessfully contest the federal seat of Gwydir at the 1940 election. Labor candidate Roy Heferen won the by-election for his state seat on 25 October. ¹² Three Labor MLAs, Frank Burke (Newtown), Mat Davidson (Cobar), and Ted Horsington (Sturt) resigned from the Labor Party and joined the ILP in June 1939. ¹³ The ILP was readmitted into the Labor Party at a unity conference on 26 August 1939. ¹⁴ Nine Labor MLAs – Jack Lang (Auburn), Bob Gorman (Annandale), Bill Lamb (Granville), Claude Matthews (Leichhardt), James McGirr (Bankstown), Mary Quirk (Balmain), Tom Shannon (Phillip), Fred Stanley (Lakemba) and Arthur Tonge (Canterbury), left the Labor Party in 1940 to form the Australian Labor Party (Non-Communist), in the second of the Lang Labor splits. They rejoined the party in 1941, following a federal intervention in the NSW branch to remove the influence of Communist sympathisers on the state executive.