New South Wales Legislative Council

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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. It sits at Parliament House in the state capital, Sydney. Although it is possible for legislation to be first introduced in the Council, most bills receive their first hearing in the Legislative Assembly.

The Council has 42 members, elected by proportional representation, as with the equivalent federal chamber, the Australian Senate. Each member serves an eight-year term, with half the Council coming up for election every four years.

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[edit] History

The Legislative Council was created by an act of the British Parliament in 1823, and was established in 1824 as the first legislature in Australia - a five-member advisory council, which first met on the 24 August 1824. 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. The Australian Colonies Government Act 1850 saw the separation of the southern portion of colony, with the creation of the new colony of Victoria in 1851. There were now 54 members of the Legislative Council, with two thirds elected. The Council presided over the drafting of a new state constitution in 1853, which three years later saw a major change in its role - the creation of a bicameral parliament, with most legislative power being granted to a fully-elected Legislative Assembly, and a Council that would act as a house of review, entirely appointed by the Governor. Under the powers of this Act, the colony of New South Wales finally attained full responsible government.

In 1925, 1926 and 1929, Premier Jack Lang made attempts at abolishing the Legislative Council, but all were subsequently 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 the Legislative Assembly and the remnant of the Legislative Council, rather than appointed by the Governor.

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 1978-1981, and 44 from 1981-1984. Further reform in 1991 by the Greiner Liberal government saw the size of the Legislative Council cut to 42 members.

As with the federal parliament and Australian other 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. Every four years half the seats in the house come up for election on the fourth Saturday in March, exceptional circumstances notwithstanding, as the result of a 1995 referendum.

The Queen of Australia has a Throne in the Legislative Council, and has presided at the State Opening of Parliament in NSW.

[edit] Presidency of the Legislative Council

Name Term of Office
Sir Alfred Stephen 20 May 185628 January 1857
John Hubert Plunkett 29 January 18576 February 1858
Sir William Westbrooke Burton March 185810 March 1861
William Charles Wentworth 24 June 186110 October 1862
Sir Terence Aubrey Murray 14 October 186222 June 1873
Sir John Hay 8 July 187310 January 1892
Sir John Lackey 26 January 189223 May 1903
Sir Francis Bathurst Suttor 23 May 19034 April 1915
Frederick Flowers 27 April 191514 December 1928
Sir John Beverley Peden 5 February 182922 April 1946
Sir Ernest Farrar 30 April 194616 June 1952
William Edward Dickson 18 August 195222 May 1966
Sir Harry Budd 9 August 19665 November 1978
Johno Johnson 7 November 19783 July 1991
Max Willis 3 July 199129 June 1998
Virginia Chadwick 29 June 19985 March 1999
Dr Meredith Burgmann 11 May 1999 – present

[edit] Current distribution of seats

Party Seats Held Elected in 1999 Elected in 2003
Australian Labor Party 18 8 10
Liberal Party of Australia 9 4 5
The Nationals 4 2 2
The Greens 3 1 2
Christian Democratic Party 2 1 1
Australian Democrats 1 1 -
Outdoor Recreation Party 1 1 -
One Nation 1 1 -
Reform the Legal System 1 1 -
Shooters Party 1 - 1
Unity 1 1 -

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