South Australian Legislative Council
Encyclopedia
The Legislative Council, or upper house, is one of the two chambers of the Parliament of South Australia
. Its central purpose is to act as a house of review for legislation passed through the lower house, the House of Assembly
. It sits in Parliament House
in the state capital, Adelaide
.
It has 22 members elected for eight-year terms by proportional representation
, with half the members facing re-election every four years. It is elected in a similar manner to its federal counterpart, the Australian Senate
. Casual vacancies - where someone resigns or dies - are filled by a joint sitting of both houses, who then elect a replacement.
Public demand for some form of representative government had been growing throughout the 1840s, and this was reflected in a series of reforms in 1851, which created a partially representative Legislative Council. After the changes, it consisted of 24 members, four official (fulfilling what would be today ministerial positions) and four non-official members, both nominated by the governor on behalf of the Crown, and 16 elected members. The right to vote for these positions was not universal, however, being limited to propertied men. In addition, the reforms meant that the Governor no longer oversaw proceedings, with the role being fulfilled by a Speaker who had been elected by the members.
.
The council had its purpose in replicating the British
House of Lords
as a restricted 'house of review' in a colonial context. When the Province of South Australia received its original constitution in 1857, it was the most democratic in the British Empire
, combining a universal-suffrage lower house (the House of Assembly
), with a restricted-suffrage upper house (the Legislative Council). The purpose of the Legislative Council was, as with the 19th century House of Lords, to safeguard the "longer term interests of the nation rather than just reacting to short term ephemeral issues of the day".
The council's numbers have varied. From inception to 1902 it had 24 members; until 1915, 18 members; and until 1975, 20 members. The electoral districts were drawn to favour regional areas with a 2:1 bias in place, with half of the council being elected each time. From 1915 to 1975, the Australian Labor Party
did not gain more than two members at each election, with the conservative parties always holding a sizeable majority.
The conservative members in the council were very independent, and differed markedly from their counterparts in the House of Assembly. During the long reign of Liberal and Country League
(LCL) Premier Sir Thomas Playford
, they would prove to be an irritant, and Labor support was sometimes required for bills to pass. When a Labor government was eventually elected in 1965 and began introducing social legislation that was anathema to LCL councillors, they would delay, obstruct and modify such bills. The councillors, however, saw their actions (in the words of MLC Sir Arthur Rymill) necessary to "oppose... radical moves that I feel would not be in the permanent will of the people." The House of Assembly contained some progressive Liberals, and its membership would usually abide by the party line. The council contained none, and its members rebelled regularly against the decisions of the party leadership and the popular will of the people.
that produced a fairer electoral system for the House of Assembly, the council remained unchanged. It was only in 1973 under Don Dunstan
that changes were finally made. Dunstan, a social reformist, tired of the council's obstructionist attitude, and put forward bills for its reform. Initially rejected by the council, the reform created a single state-wide electorate of 22 members, with half being elected each time. It eventually passed with bipartisan support.
The new council was designed to be deadlocked, and for a party majority to be hard to gain. Its proportional electoral system proved favourable to minor parties and they have usually held the balance of power. The Liberal Movement, in 1975, was the first minor party to have members elected to the council, and its successor, the Australian Democrats
, held the balance until 1997 when independent Nick Xenophon
was elected. The Family First Party
and the Australian Greens
gained representation in 2002 and 2006 respectively.
The proportional system used in 1973 was party-list proportional representation
, but this was modified in 1985. The federal government of Bob Hawke
had introduced a new single transferable vote
system for the Australian Senate
, enabling voters to choose between voting 'above the line' (for a single party preference ticket) or 'under the line' and number all candidates in order of preference, on the ballot paper. The Bannon
state government copied this arrangement for the council.
Sandra Kanck
was re-elected for a second eight year term as a Democrat in 2002. In 2009, David Winderlich
replaced Kanck due to her resignation. Later in 2009 Winderlich resigned from the Democrats to sit in parliament as an independent.
Terry Cameron
had been elected as an Labor member, but had resigned from the party, initially sitting as an independent, and then founding the SA First
party in 1999. He did not face re-election in 2002, but the party disbanded soon after the election, and Cameron subsequently returned to being an independent MLC.
Parliament of South Australia
The Parliament of South Australia is the bicameral legislature of the Australian state of South Australia. It consists of the Legislative Council and the House of Assembly. It follows a Westminster system of parliamentary government....
. Its central purpose is to act as a house of review for legislation passed through the lower house, the House of Assembly
South Australian House of Assembly
The House of Assembly, or lower house, is one of the two chambers of the Parliament of South Australia. The other is the Legislative Council. It sits in Parliament House in the state capital, Adelaide.- Overview :...
. It sits in Parliament House
Parliament House, Adelaide
Parliament House, on the corner of North Terrace and King William Road in Adelaide city centre, is the seat of the Parliament of South Australia. It was built to replace the adjacent and overcrowded Parliament House, now referred to as "Old Parliament House"...
in the state capital, Adelaide
Adelaide
Adelaide is the capital city of South Australia and the fifth-largest city in Australia. Adelaide has an estimated population of more than 1.2 million...
.
It has 22 members elected for eight-year terms 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...
, with half the members facing re-election every four years. It is elected in a similar manner to its federal counterpart, the Australian Senate
Australian Senate
The Senate is the upper house of the bicameral Parliament of Australia, the lower house being the House of Representatives. Senators are popularly elected under a system of proportional representation. Senators are elected for a term that is usually six years; after a double dissolution, however,...
. Casual vacancies - where someone resigns or dies - are filled by a joint sitting of both houses, who then elect a replacement.
Advisory council
The Legislative Council was the first parliament in South Australia, having been created in 1840, seventeen years before the Assembly. It was originally appointed by the Governor, and only served in an advisory capacity, as the governor retained almost all legislative powers. It was expanded slightly in 1843, when several prominent landowners were allowed to join. In the same year, proceedings were opened to the general public.Public demand for some form of representative government had been growing throughout the 1840s, and this was reflected in a series of reforms in 1851, which created a partially representative Legislative Council. After the changes, it consisted of 24 members, four official (fulfilling what would be today ministerial positions) and four non-official members, both nominated by the governor on behalf of the Crown, and 16 elected members. The right to vote for these positions was not universal, however, being limited to propertied men. In addition, the reforms meant that the Governor no longer oversaw proceedings, with the role being fulfilled by a Speaker who had been elected by the members.
Self-government
In 1856, the Legislative Council prepared what was to become the 1857 Constitution of South Australia. This laid out the means for true self-government, and created a bicameral system, which involved delegating most of its legislative powers to the new House of Assembly. While all adult males could vote in the new Assembly, the Council continued to limit voting rights to the wealthier classes; suffrage was dependent on certain property and wage requirements. Women earned the right to vote in the Council at the same time as the Assembly, in 1894, the first Parliament in Australia to do so, under the radical Premier Charles KingstonCharles Kingston
Charles Cameron Kingston, Australian politician, was an early liberal Premier of South Australia serving from 1893 to 1899 with the support of Labor led by John McPherson from 1893 and Lee Batchelor from 1897 in the House of Assembly, winning the 1893, 1896, and 1899 state elections against the...
.
The council had its purpose in replicating the British
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
as a restricted 'house of review' in a colonial context. When the Province of South Australia received its original constitution in 1857, it was the most democratic in the British Empire
British Empire
The British Empire comprised the dominions, colonies, protectorates, mandates and other territories ruled or administered by the United Kingdom. It originated with the overseas colonies and trading posts established by England in the late 16th and early 17th centuries. At its height, it was the...
, combining a universal-suffrage lower house (the House of Assembly
South Australian House of Assembly
The House of Assembly, or lower house, is one of the two chambers of the Parliament of South Australia. The other is the Legislative Council. It sits in Parliament House in the state capital, Adelaide.- Overview :...
), with a restricted-suffrage upper house (the Legislative Council). The purpose of the Legislative Council was, as with the 19th century House of Lords, to safeguard the "longer term interests of the nation rather than just reacting to short term ephemeral issues of the day".
The council's numbers have varied. From inception to 1902 it had 24 members; until 1915, 18 members; and until 1975, 20 members. The electoral districts were drawn to favour regional areas with a 2:1 bias in place, with half of the council being elected each time. From 1915 to 1975, the 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...
did not gain more than two members at each election, with the conservative parties always holding a sizeable majority.
The conservative members in the council were very independent, and differed markedly from their counterparts in the House of Assembly. During the long reign of Liberal and Country League
Liberal and Country League
The Liberal and Country League was a major political party in South Australia throughout its forty year existence. Thirty-four years were spent in government, in part due to the electoral malapportionment known as the Playmander, introduced after coming to power.Created on 9 June 1932 as the...
(LCL) Premier Sir Thomas Playford
Thomas Playford IV
Sir Thomas Playford, GCMG was a South Australian politician. He served continuously as Premier of South Australia from 5 November 1938 to 10 March 1965, the longest term of any elected government leader in the history of Australia. His tenure as premier was marked by a period of population and...
, they would prove to be an irritant, and Labor support was sometimes required for bills to pass. When a Labor government was eventually elected in 1965 and began introducing social legislation that was anathema to LCL councillors, they would delay, obstruct and modify such bills. The councillors, however, saw their actions (in the words of MLC Sir Arthur Rymill) necessary to "oppose... radical moves that I feel would not be in the permanent will of the people." The House of Assembly contained some progressive Liberals, and its membership would usually abide by the party line. The council contained none, and its members rebelled regularly against the decisions of the party leadership and the popular will of the people.
Universal suffrage
Even after electoral legislation had been implemented in 1967 by Steele HallSteele Hall
Raymond Steele Hall was the 36th Premier of South Australia 1968-70, a senator for South Australia 1974-77, and federal member for the Division of Boothby 1981-96.-Biography:...
that produced a fairer electoral system for the House of Assembly, the council remained unchanged. It was only in 1973 under Don Dunstan
Don Dunstan
Donald Allan "Don" Dunstan, AC, QC was a South Australian politician. He entered politics as the Member for Norwood in 1953, became state Labor leader in 1967, and was Premier of South Australia between June 1967 and April 1968, and again between June 1970 and February 1979.The son of a business...
that changes were finally made. Dunstan, a social reformist, tired of the council's obstructionist attitude, and put forward bills for its reform. Initially rejected by the council, the reform created a single state-wide electorate of 22 members, with half being elected each time. It eventually passed with bipartisan support.
The new council was designed to be deadlocked, and for a party majority to be hard to gain. Its proportional electoral system proved favourable to minor parties and they have usually held the balance of power. The Liberal Movement, in 1975, was the first minor party to have members elected to the council, and its successor, the Australian Democrats
Australian Democrats
The Australian Democrats is an Australian political party espousing a socially liberal ideology. It was formed in 1977, by a merger of the Australia Party and the New LM, after principals of those minor parties secured the commitment of former Liberal minister Don Chipp, as a high profile leader...
, held the balance until 1997 when independent Nick Xenophon
Nick Xenophon
Nicholas "Nick" Xenophon is a South Australian barrister, anti-gambling campaigner and politician. He attended Prince Alfred College, and studied law at the University of Adelaide, attaining his Bachelor of Laws in 1981. Xenophon established and became principal of his own law firm, Xenophon & Co....
was elected. The Family First Party
Family First Party
The Family First Party is a socially conservative minor political party in Australia. It has two members in the South Australian Legislative Council...
and the Australian Greens
Australian Greens
The Australian Greens, commonly known as The Greens, is an Australian green political party.The party was formed in 1992; however, its origins can be traced to the early environmental movement in Australia and the formation of the United Tasmania Group , the first Green party in the world, which...
gained representation in 2002 and 2006 respectively.
The proportional system used in 1973 was party-list proportional representation
Party-list proportional representation
Party-list proportional representation systems are a family of voting systems emphasizing proportional representation in elections in which multiple candidates are elected...
, but this was modified in 1985. The federal government of Bob Hawke
Bob Hawke
Robert James Lee "Bob" Hawke AC GCL was the 23rd Prime Minister of Australia from March 1983 to December 1991 and therefore longest serving Australian Labor Party Prime Minister....
had introduced a new single transferable vote
Single transferable vote
The single transferable vote is a voting system designed to achieve proportional representation through preferential voting. Under STV, an elector's vote is initially allocated to his or her most preferred candidate, and then, after candidates have been either elected or eliminated, any surplus or...
system for the Australian Senate
Australian Senate
The Senate is the upper house of the bicameral Parliament of Australia, the lower house being the House of Representatives. Senators are popularly elected under a system of proportional representation. Senators are elected for a term that is usually six years; after a double dissolution, however,...
, enabling voters to choose between voting 'above the line' (for a single party preference ticket) or 'under the line' and number all candidates in order of preference, on the ballot paper. The Bannon
John Bannon
John Charles Bannon AO is a former Australian politician. He was the 39th Premier of South Australia, leading the Labor Party to government at the 1982 election. The Bannon Labor government was re-elected at the 1985 election and the 1989 election...
state government copied this arrangement for the council.
2010
- See South Australian state election, 2010 results
Party Seats held 2010 Council Australian Labor Party Australian Labor PartyThe 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...8 Liberal Party of Australia Liberal Party of AustraliaThe 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...7 SA Greens 2 Family First Party Family First PartyThe Family First Party is a socially conservative minor political party in Australia. It has two members in the South Australian Legislative Council...2 No Pokies No PokiesNo Pokies is an independent South Australian Legislative Council ticket that contested the 1997, 2002, and 2006 statewide legislative council elections...2 Dignity for Disability 1
2006-2010
| Party | 2006 South Australian legislative election, 2006 The state election for the 51st Parliament of South Australia was held in the Australian state of South Australia on 18 March 2006, and was conducted by the independent State Electoral Office.-House of Assembly:... |
2006 Council South Australian legislative election, 2006 The state election for the 51st Parliament of South Australia was held in the Australian state of South Australia on 18 March 2006, and was conducted by the independent State Electoral Office.-House of Assembly:... |
2009 | Council @ 2009 | ||||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 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... |
8 | 8 | ||||||||||||||||||
| 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... |
8 | 8 | ||||||||||||||||||
| Family First Party Family First Party The Family First Party is a socially conservative minor political party in Australia. It has two members in the South Australian Legislative Council... |
2 | 2 | ||||||||||||||||||
| No Pokies No Pokies No Pokies is an independent South Australian Legislative Council ticket that contested the 1997, 2002, and 2006 statewide legislative council elections... |
2 | 2 | ||||||||||||||||||
| Greens SA Greens South Australia Greens South Australia is a Green Party located in South Australia, a member of the federation of the Australian Greens party.The party has four members currently elected to parliament, Mark Parnell and Tammy Franks in the South Australian Legislative Council and Sarah Hanson-Young and Penny Wright... |
1 | 1 | ||||||||||||||||||
| Australian Democrats Australian Democrats The Australian Democrats is an Australian political party espousing a socially liberal ideology. It was formed in 1977, by a merger of the Australia Party and the New LM, after principals of those minor parties secured the commitment of former Liberal minister Don Chipp, as a high profile leader... (*) |
1 | 0 | ||||||||||||||||||
| Independents (*) | 0 | 1 | ||||||||||||||||||
Sandra Kanck
Sandra Kanck
Sandra Myrtho Kanck is a South Australian politician. She was an Australian Democrats member of the South Australian Legislative Council 1993-2009, and at the time of the announcement of her resignation in November 2008, her party's sole remaining member of any Australian parliament...
was re-elected for a second eight year term as a Democrat in 2002. In 2009, David Winderlich
David Winderlich
David Winderlich , is an Australian teacher, public servant and politician who in 2009 was appointed to fill a casual vacancy in the South Australian Legislative Council following the November 2008 resignation of Australian Democrats member Sandra Kanck...
replaced Kanck due to her resignation. Later in 2009 Winderlich resigned from the Democrats to sit in parliament as an independent.
2002-2006
| Party | Seats held | 2002-2006 Council | ||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 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... |
9 | |||||||||
| 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... |
7 | |||||||||
| Australian Democrats Australian Democrats The Australian Democrats is an Australian political party espousing a socially liberal ideology. It was formed in 1977, by a merger of the Australia Party and the New LM, after principals of those minor parties secured the commitment of former Liberal minister Don Chipp, as a high profile leader... |
3 | |||||||||
| Family First Party Family First Party The Family First Party is a socially conservative minor political party in Australia. It has two members in the South Australian Legislative Council... |
1 | |||||||||
| No Pokies No Pokies No Pokies is an independent South Australian Legislative Council ticket that contested the 1997, 2002, and 2006 statewide legislative council elections... |
1 | |||||||||
| Independents (*) | 1 | |||||||||
Terry Cameron
Terry Cameron
Terry Gordon Cameron is a former South Australian politician.Cameron entered the South Australian Legislative Council in 1994 to fill an Australian Labor Party vacancy, and then was re-elected as a Labor candidate in 1997. However he resigned from the party in order to support the Olsen Liberal...
had been elected as an Labor member, but had resigned from the party, initially sitting as an independent, and then founding the SA First
SA First
SA First is a now-defunct South Australian political party formed in 1999 by dissident Labor Member of Parliament Terry Cameron. The Party contested the 2002 South Australian legislative election, but failed to have any candidates elected to the Parliament of South Australia.-Ideology and policy:SA...
party in 1999. He did not face re-election in 2002, but the party disbanded soon after the election, and Cameron subsequently returned to being an independent MLC.
1997-2002
| Party | Seats held | 1997-2002 Council | |||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
| 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... |
10 | ||||||||||
| 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... |
8 | ||||||||||
| Australian Democrats Australian Democrats The Australian Democrats is an Australian political party espousing a socially liberal ideology. It was formed in 1977, by a merger of the Australia Party and the New LM, after principals of those minor parties secured the commitment of former Liberal minister Don Chipp, as a high profile leader... |
3 | ||||||||||
| No Pokies No Pokies No Pokies is an independent South Australian Legislative Council ticket that contested the 1997, 2002, and 2006 statewide legislative council elections... |
1 | ||||||||||
1993-1997
| Party | Seats held | 1993-1997 Council | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 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... |
11 | |||||||||||
| 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... |
9 | |||||||||||
| Australian Democrats Australian Democrats The Australian Democrats is an Australian political party espousing a socially liberal ideology. It was formed in 1977, by a merger of the Australia Party and the New LM, after principals of those minor parties secured the commitment of former Liberal minister Don Chipp, as a high profile leader... |
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...
- 2008 Parnell–Bressington filibuster
- Lists of Members of the South Australian Legislative Council
- South Australian state election, 2010