| Parliament of Victoria | |
|---|---|
| 57th Parliament | |
| Type | |
| Type | Bicameral |
| Houses | Legislative Assembly Legislative Council |
| Leadership | |
| Queen of Australia | Elizabeth II since 6 February 1952 |
| Governor of Victoria | Alex Chernov since 8 April 2011 |
| Speaker of the Legislative Assembly | Ken Smith, Liberal since 21 December 2010 |
| President of the Legislative Council | Bruce Atkinson, Liberal since 21 December 2010 |
| Structure | |
| Members | 128 88 MLAs 40 MLCs |
| Legislative Assembly Political groups | Government Liberal (35) National (10) Opposition Labor (43) |
| Legislative Council Political groups | Government Liberal (18) National (3) Opposition Labor (16) Crossbench Green (3) |
| Elections | |
| Last general election | 27 November 2010 |
| Next general election | 29 November 2014 |
| Meeting place | |
| Parliament House, Melbourne, Victoria, Australia | |
| Website | |
| www.parliament.vic.gov.au | |
The Parliament of Victoria is the bicameral legislature of the Australian state of Victoria. It follows a Westminster-derived parliamentary system and consists of The Queen, represented by the Governor of Victoria; the Legislative Council (upper house); and the Legislative Assembly (lower house).[1] The Parliament meets at Parliament House in the state capital Melbourne.
The two Houses of Parliament have 128 Members in total, 88 in the lower house and 40 in the upper house. Victoria has compulsory voting and uses preferential ballot in single-member seats for the lower house, and single transferable vote in multi-member seats for the proportionally represented upper house. Government is formed in the lower house while the upper is a house of review. All members serve four-year terms.
The incumbent Baillieu Liberal/National Coalition government, elected at the 2010 election, has a current one-seat majority in both houses.
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Prior to 1851 the area of Australia now known as Victoria was part of the colony of New South Wales and was administered by the Government of New South Wales in Sydney. On 5 August 1850 the Parliament of the United Kingdom passed the Australian Constitutions Act 1850 which made provision for the separation of Victoria from New South Wales.[2] Enabling legislation was passed by the Government of New South Wales and Victoria was formally created a separate colony of the United Kingdom on 1 July 1851.
The Australian Constitutions Act provided for the colony to be administered by a Lieutenant-Governor and a Legislative Council, two-thirds of which was to be elected and the remainder appointed by the Sovereign, represented by the Lieutenant-Governor. The Lieutenant-Governor was subordinate in some matters to the Governor of New South Wales who was given the title Governor-General. The Legislative Council met for the first time in November 1851 at St Patrick's Hall, Melbourne.
The first Legislative Council served Victoria for five years and was responsible for at least three significant and enduring contributions to the parliamentary system of Victoria:
The Constitution of Victoria was approved by the Legislative Council in March 1854, it was sent to Britain for approval by the Parliament of the United Kingdom and it was granted Royal Assent on 16 July 1855 and was proclaimed in Victoria on 23 November 1855.[3] The Constitution established the Westminster-style system of responsible government that continues in Victoria today.[4]
The election for the First Victorian Parliament was held during the spring of 1856, the first Victorian Members of Parliament met on 21 November 1856 in the recently completed parliament house and were sworn in, and on 25 November 1856 the First Victorian Parliament was officially opened by Acting-Governor Major-General Edward Macarthur.[5] The Legislative Council consisted of thirty members representing six Provinces, each province returning five Members.[6] The Legislative Assembly consisted of sixty members representing thirty-seven multi and single-member electorates.[7]
Parliament has sat at Parliament House, Melbourne since that time, with the exception of the period 1901–1927. During that time Parliament House was used by the Federal Parliament and the Parliament of Victoria sat at the Royal Exhibition Building.
The Parliament has the power to make laws for Victoria in any matter.[1] This is subject only to limitations placed on it by the Constitution of Australia which specifies which matters fall under the jurisdiction of the Commonwealth.[8]
The Parliament of Victoria is a Bicameral Legislature meaning that it consists of two legislative chambers or houses, the Upper House or Legislative Council and the Lower House or Legislative Assembly. Each house has a number of committees which investigate proposed laws in detail before they are considered by the whole house. Some of the committee work is carried out by the Joint Committees which consist of members from all sides of politics and from both chambers. Like the Parliament the committees cease to exist when the Parliament is dissolved by the governor and need to be recreated after each general election, this means that often the names and jurisdiction of the committees is changed.
A proposed law or Bill can be introduced into either house, but in practice most are introduced into the Legislative Assembly, they must then be passed by both Houses before being presented to the Governor who will sign the Bill into law on behalf of the Queen.
Today the Houses of Parliament consist of forty Members of the Legislative Council representing eight large multi-member electorates known as regions each of which returns five members; and eighty-eight Members of the Legislative Assembly representing small single-member electorates known as districts. Each electoral region contains eleven electoral districts.
All members of both houses are elected for fixed four year terms. General elections are held on the last Saturday in November every four years with the Parliament expiring on the Tuesday twenty-five days before the election.[7]
Parliament can be dissolved, and a general election called, earlier by the Governor in two exceptional circumstances:[7]
Anyone enrolled to vote in Victoria can stand for election as a candidate or either House, except for:[7]
It is also not permitted to be a member of both houses nor a candidate for election to both houses of Parliament.[7]
The last general election was held on 27 November 2010, the next general election is due on 29 November 2014.
Members of Parliament may be addressed by their name or by using their electorate, for example "The Member for Hawthorn" or "Member for Southern Metropolitan Region", and are entitled to the Post-nominals MLC if a Member of the Legislative Council, and MLA or MP if a Member of the Legislative Assembly. Ministers and former ministers are entitled to the style "The Honourable" (Abbreviated to The Hon.) although some choose not to use it.
The President of the Legislative Council is the presiding officer of the Legislative Council. He or she is an elected member of the Parliament and is chosen by the members of the Legislative Council to chair their meetings and represent the council as a whole at official functions. The corresponding person in the Legislative Assembly in the Speaker of the Legislative Assembly. Both the President and the Speaker have important powers in controlling debate in their respective chambers, including the ability to punish members who step out of line or disobey their orders. The presiding officers also have powers to summon witnesses to the chamber to assist in the legislative role of Parliament.
The Government and Opposition appoint members as Managers of Government and Opposition Business in each house. These members are not within the control of the house in the same way that the President and Speaker are, they are appointed by the Premier and the Leader of the Opposition respectively.
Each party represented in each house appoint a member in each house as their Party Whip.
The Governor of Victoria is the representative of the Monarch (Queen Elizabeth II), as Head of State, in Victoria. Among the Governor's vice-regal duties are the opening of Parliament and the signing of Acts which are passed by the Victorian Parliament.
The leader of the political party or coalition with the most seats in the Legislative Assembly is invited by the Governor of Victoria to form a government. The leader of that party is appointed Premier of Victoria and other senior members are appointed ministers with various portfolio responsibilities. The leader of the largest party in opposition becomes the Leader of the Opposition
Since 2 December 2010 the Coalition has been in Government, led by the Premier and leader of the Liberal Party in Victoria Ted Baillieu. The other party in the Coalition, the National Party of Australia, is led by the Deputy Premier Peter Ryan. The Coalition defeated the previous Labor led Government at a general election on 27 November 2010. The current Leader of the Opposition is Daniel Andrews who was elected as the leader of the Labor Party on 3 December 2010 after their election defeat, replacing former Premier John Brumby. The Greens, who hold seats only in the Legislative Council, are led by Greg Barber.
Prior to 1870 only Ministers and Office holders were provided with a Salary. This in effect meant that members had to be wealthy enough to support themselves before seeking election to Parliament. In 1870 the Victorian Parliament provided for the reimbursing of members in relation to their expenses in attending Parliament, in effect the first salary for Members of the Victorian Parliament. At first passed as temporary measure, it later became permanent. The Act provided for a payment of £300 p.a.to those who did not already receive a salary,[9] this equates to approximately $39,000 in 2011 dollars.[10]
Members of both the Legislative Assembly and Legislative Council are now paid a base salary of $130,907 per annum (as of 1 August 2010), office holders such as the President, Speaker, Ministers and Party leaders receive additional salary on top.[11] The President and Speaker are paid a salary of $215,997 (165% of the base salary).[11] All members receive a residential allowance, a traveling allowance, an electorate allowance and an electorate office allowance being paid in addition to their base salary, some senior office holders are also entitled to an expense allowance.[12]
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