New South Wales Legislative Council
Encyclopedia
The New South Wales Legislative Council, or upper house, is one of the two chambers of the parliament
of New South Wales
in Australia. The other is the Legislative Assembly
. Both sit at Parliament House
in the state capital, Sydney. The Assembly is referred to as the lower house and the Council as the upper house. It is normal for legislation to be first deliberated on and enacted in the lower house, and then considered again in the upper house, which acts in the main as a house of review. The Council has 42 members, elected by proportional representation
in which the whole state is treated as a single electorate. Each member serves an eight-year term; half of the members are elected every four years in a staggered arrangement.
On 22 May 1856, the newly constituted New South Wales Parliament opened and sat for the first time. With the new 54-member Legislative Assembly taking over the council chamber, a second meeting chamber for the 21 member upper house had to be added to the Parliament building in Macquarie Street. In 1901, New South Wales became a sovereign state of the Commonwealth of Australia and many government functions were transferred to the new Commonwealth government. In 1902, women gained the right to vote and the current Constitution of New South Wales was adopted, and in 1918, reforms permitted women to be Members of Parliament.
In 1925, 1926 and 1929, Premier Jack Lang
made attempts at abolishing the Legislative Council, following the example of the Queensland Legislative Council
in 1922, but all were unsuccessful. The debate did, however, result in another round of reforms, and in 1933, the law was changed so that a quarter of the Legislative Council was elected every three years by members of the Legislative Assembly and the Legislative Council, rather than being appointed by the Governor. In 1962 Indigenous Australians gained the right to vote in all state elections. In 1978, the Council became a directly elected body in a program of electoral reform introduced by the Wran
Labor
government. The number of members was reduced to 45, although transitional arrangements meant that there were 43 members from 1978 to 1981, and 44 from 1981 to 1984. Further reform in 1991 by the Greiner
Liberal
-National
government saw the size of the Legislative Council cut to 42 members, with half being elected every 4 years. In 1991, the Legislative Assembly reduced from 109 to 99 Members and then to 93 members in 1999.
As with the federal parliament and other Australian states and territories, voting in the election to select members for the Council is compulsory for all New South Wales citizens over the age of 18. As the result of a 1995 referendum
, every four years half the seats in the house come up for election on the fourth Saturday in March, barring exceptional circumstances.
The Queen of Australia has a Throne in the Legislative Council, and Queen Elizabeth II has opened the New South Wales Parliament on two occasions, on 4 February 1954, as part of her first visit to Australia, which was also the first occasion in which the monarch of Australia had opened a session of any Australian Parliament. The other occasion was on 20 February 1992, during her visit to Sydney to celebrate the sesquicentenary of the incorporation of the City of Sydney
, on which occasion she stated:
and shipped to Victoria
. It was constracted at Parliament House
in 1856. The colour of the Legislative Council Chamber is red, which follows the British tradition for the upper house.
Parliament of New South Wales
The Parliament of New South Wales, located in Parliament House on Macquarie Street, Sydney, is the main legislative body in the Australian state of New South Wales . It is a bicameral parliament elected by the people of the state in general elections. The parliament shares law making powers with...
of New South Wales
New South Wales
New South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. New South Wales...
in Australia. The other is the Legislative Assembly
New South Wales Legislative Assembly
The Legislative Assembly, or lower house, is one of the two chambers of the Parliament of New South Wales, an Australian state. The other chamber is the Legislative Council. Both the Assembly and Council sit at Parliament House in the state capital, Sydney...
. Both sit at Parliament House
Parliament House, Sydney
Parliament House in Sydney is a complex of buildings housing the Parliament of New South Wales, a state of Australia. It is located on the east side of Macquarie Street in Sydney, the state capital. The facade consists of a two storey Georgian building, the oldest public building in the City of...
in the state capital, Sydney. The Assembly is referred to as the lower house and the Council as the upper house. It is normal for legislation to be first deliberated on and enacted in the lower house, and then considered again in the upper house, which acts in the main as a house of review. The Council has 42 members, elected by proportional representation
Proportional representation
Proportional representation is a concept in voting systems used to elect an assembly or council. PR means that the number of seats won by a party or group of candidates is proportionate to the number of votes received. For example, under a PR voting system if 30% of voters support a particular...
in which the whole state is treated as a single electorate. Each member serves an eight-year term; half of the members are elected every four years in a staggered arrangement.
History
The Parliament of New South Wales is Australia's oldest legislature. It had its beginnings when New South Wales was a British colony under the control of the Governor. A small, 5-member appointed Legislative Council began meeting on 24 August 1824 to advise the Governor on legislative matters.It grew to seven members in 1825, and between ten and fifteen in 1829. In 1842, under the Constitution Act 1842, the Legislative Council was expanded to 36 members, of which 12 were appointed by the Governor in the name of the Crown, and the remainder elected from amongst eligible landholders. By 1843, this had been enlarged with two-thirds of its members elected by adult males who met certain property requirements. In 1856, under a new Constitution, the Parliament became bicameral with a fully elected Legislative Assembly and a fully appointed Legislative Council with a Government taking over most of the legislative powers of the Governor. The right to vote was extended to all adult males in 1858.On 22 May 1856, the newly constituted New South Wales Parliament opened and sat for the first time. With the new 54-member Legislative Assembly taking over the council chamber, a second meeting chamber for the 21 member upper house had to be added to the Parliament building in Macquarie Street. In 1901, New South Wales became a sovereign state of the Commonwealth of Australia and many government functions were transferred to the new Commonwealth government. In 1902, women gained the right to vote and the current Constitution of New South Wales was adopted, and in 1918, reforms permitted women to be Members of Parliament.
In 1925, 1926 and 1929, Premier Jack Lang
Jack Lang (Australian politician)
John Thomas Lang , usually referred to as J.T. Lang during his career, and familiarly known as "Jack" and nicknamed "The Big Fella" was an Australian politician who was Premier of New South Wales for two terms...
made attempts at abolishing the Legislative Council, following the example of the Queensland Legislative Council
Queensland Legislative Council
The Queensland Legislative Council was the upper house of the parliament in the Australian state of Queensland. It was a fully nominated body which first took office on 1 May 1860. It was abolished by the Constitution Amendment Act 1921, which took effect on 23 March 1922.Consequently, the...
in 1922, but all were unsuccessful. The debate did, however, result in another round of reforms, and in 1933, the law was changed so that a quarter of the Legislative Council was elected every three years by members of the Legislative Assembly and the Legislative Council, rather than being appointed by the Governor. In 1962 Indigenous Australians gained the right to vote in all state elections. In 1978, the Council became a directly elected body in a program of electoral reform introduced by the Wran
Neville Wran
Neville Kenneth Wran, AC, CNZM, QC was the Premier of New South Wales from 1976 until 1986. He was National President of the Australian Labor Party from 1980 to 1986 and Chairman of both the Lionel Murphy Foundation and the Commonwealth Scientific and Industrial Research Organisation from 1986...
Labor
Australian Labor Party
The Australian Labor Party is an Australian political party. It has been the governing party of the Commonwealth of Australia since the 2007 federal election. Julia Gillard is the party's federal parliamentary leader and Prime Minister of Australia...
government. The number of members was reduced to 45, although transitional arrangements meant that there were 43 members from 1978 to 1981, and 44 from 1981 to 1984. Further reform in 1991 by the Greiner
Nick Greiner
Nicholas "Nick" Frank Hugo Greiner AC, is an Australian businessman and former politician. He was the 37th Premier New South Wales from 1988 to 1992. He was Leader of the New South Wales Division of the Liberal Party from 1983 to 1992 and Leader of the Opposition from 1983 to 1988. He is married...
Liberal
Liberal Party of Australia
The Liberal Party of Australia is an Australian political party.Founded a year after the 1943 federal election to replace the United Australia Party, the centre-right Liberal Party typically competes with the centre-left Australian Labor Party for political office...
-National
National Party of Australia
The National Party of Australia is an Australian political party.Traditionally representing graziers, farmers and rural voters generally, it began as the The Country Party, but adopted the name The National Country Party in 1975, changed to The National Party of Australia in 1982. The party is...
government saw the size of the Legislative Council cut to 42 members, with half being elected every 4 years. In 1991, the Legislative Assembly reduced from 109 to 99 Members and then to 93 members in 1999.
As with the federal parliament and other Australian states and territories, voting in the election to select members for the Council is compulsory for all New South Wales citizens over the age of 18. As the result of a 1995 referendum
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
, every four years half the seats in the house come up for election on the fourth Saturday in March, barring exceptional circumstances.
The Queen of Australia has a Throne in the Legislative Council, and Queen Elizabeth II has opened the New South Wales Parliament on two occasions, on 4 February 1954, as part of her first visit to Australia, which was also the first occasion in which the monarch of Australia had opened a session of any Australian Parliament. The other occasion was on 20 February 1992, during her visit to Sydney to celebrate the sesquicentenary of the incorporation of the City of Sydney
City of Sydney
The City of Sydney is the Local Government Area covering the Sydney central business district and surrounding inner city suburbs of the greater metropolitan area of Sydney, Australia...
, on which occasion she stated:
Presidency of the Legislative Council
From 1846 to 1856 the title was Speaker of the Legislative Council.Chamber
The Legislative Council Chamber is a prefabricated cast-iron building which was manufactured in ScotlandScotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
and shipped to Victoria
Victoria (Australia)
Victoria is the second most populous state in Australia. Geographically the smallest mainland state, Victoria is bordered by New South Wales, South Australia, and Tasmania on Boundary Islet to the north, west and south respectively....
. It was constracted at Parliament House
Parliament House, Sydney
Parliament House in Sydney is a complex of buildings housing the Parliament of New South Wales, a state of Australia. It is located on the east side of Macquarie Street in Sydney, the state capital. The facade consists of a two storey Georgian building, the oldest public building in the City of...
in 1856. The colour of the Legislative Council Chamber is red, which follows the British tradition for the upper house.
Composition and powers
Proportional representation in which the whole state is a single electorate means that the minimum quota for election is small; this guarantees a representation of minor parties in the Legislative Council. In the 1999 elections, a record number of parties contested seats in the house, resulting in an unwieldy ballot paper. Party registration requirements have since been made more restrictive (i.e., requiring more voters as members), reducing the number of parties contesting elections so that only 3 minor parties are now represented in the Legislative Council.Current Distribution of Seats (2011–2015)
| Party | Seats held | Current Council | |||||||||||||||||||||||||||||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Australian Labor Party Australian Labor Party The Australian Labor Party is an Australian political party. It has been the governing party of the Commonwealth of Australia since the 2007 federal election. Julia Gillard is the party's federal parliamentary leader and Prime Minister of Australia... |
14 | ||||||||||||||||||||||||||||||||||||||||||
| Liberal Party of Australia Liberal Party of Australia The Liberal Party of Australia is an Australian political party.Founded a year after the 1943 federal election to replace the United Australia Party, the centre-right Liberal Party typically competes with the centre-left Australian Labor Party for political office... |
12 | ||||||||||||||||||||||||||||||||||||||||||
| National Party of Australia National Party of Australia The National Party of Australia is an Australian political party.Traditionally representing graziers, farmers and rural voters generally, it began as the The Country Party, but adopted the name The National Country Party in 1975, changed to The National Party of Australia in 1982. The party is... |
7 | ||||||||||||||||||||||||||||||||||||||||||
| Greens New South Wales Greens New South Wales The Greens New South Wales is the state Greens party in New South Wales. It is a member party of the Australian Greens. The Greens NSW have one member in the New South Wales Legislative Assembly , five members in the New South Wales Legislative Council... |
5 | ||||||||||||||||||||||||||||||||||||||||||
| Shooters and Fishers Party | 2 | ||||||||||||||||||||||||||||||||||||||||||
| Christian Democratic Party Christian Democratic Party (Australia) The Christian Democratic Party is a right-wing political party in Australia. Its leader is Fred Nile, a Congregational Church minister and a member of the New South Wales Legislative Council.-Formation:... |
2 | ||||||||||||||||||||||||||||||||||||||||||
See also
- Parliaments of the Australian states and territoriesParliaments of the Australian states and territoriesThe Parliaments of the Australian states and territories are legislative bodies within the federal framework of the Commonwealth of Australia. Before the formation of the Commonwealth in 1901, the six Australian colonies were self-governing, with parliaments which had come into existence at various...
- Women in the New South Wales Legislative CouncilWomen in the New South Wales Legislative CouncilThere have been 50 women in the New South Wales Legislative Council since its establishment in 1856. Women have had the right to stand as a candidate since 1918; the Council introduced direct election in 1978....