The Legislative Council is the upper house of the bicameral Parliament of South Australia, the lower house being the House of Assembly.
Its central purpose is to act as a house of review for legislation passed through the House of Assembly. It sits in Parliament House in the state capital, Adelaide. The upper house has 22 members, elected for staggered eight-year terms by proportional representation. Half of the members face re-election every four years. It is elected in a similar manner to its federal counterpart, the Senate. Casual vacancies—where a member resigns or dies—are filled by a joint sitting of both houses, who then elect a replacement.
History Advisory council
At the founding of the Province of South Australia under the South Australia Act 1834 (4 & 5 Will. 4. c. 95 (Imp)), governance of the new colony was divided between the Governor of South Australia and a Resident Commissioner, who reported to a new body known as the South Australian Colonization Commission. Under this arrangement, there was also a governing council comprising the Governor, the Judge or Chief Justice, the Colonial Secretary, the Advocate-General and the Resident Commissioner, with broad legislative and executive powers including the imposition of rates, duties, and taxes. This council was sometimes referred to as the "Legislative Council". Confusion and dispute about the division of power between the two roles led to the South Australia Government Act 1838, which combined the role of Resident Commissioner with that of the Governor.
In 1842, the South Australia Act 1842 (5 & 6 Vict. c. 61 (Imp)) was passed in order to replace the South Australian Colonisation Commission appointed in 1834 with a more standard British model of government, with a Governor advised by a Legislative Council. The 1842 act gave the British Government, which was responsible for appointing a Governor and at least seven other officers to the Legislative Council, full control of South Australia as a Crown Colony, after financial mismanagement by the first administration had nearly bankrupted the colony.
This new Legislative Council was the first true parliamentary body in South Australia. The act also made provision for a commission to initiate the establishment of democratic government, electoral districts, requirements for voting rights, and terms of office. Although the old governing Council advising the Governor met at Government House, this new Legislative Council met at a new purpose built chamber on North Terrace. This chamber eventually grew into what is now known as "Old Parliament House".
The council was originally appointed by the Governor, then Sir George Grey, 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 (filling 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, being limited to propertied men. The reforms meant that the Governor no longer oversaw proceedings, with the role being filled by a Speaker who had been elected by the members.Australian Colonies Government Act 1850Legislative Council Act 1851 (SA)
Self-government In 1856, the Legislative Council passed the Constitution Act 1856 (SA), which 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 male-only and dependent upon certain property and wage requirements. The entire province was a single electorate for the Legislative Council, electing 18 members, with the scheme originally set up so that 6 members would be elected every 4 years to serve a 12 year term.
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".
In 1882, the Legislative Council was increased to 24 members by the a special election brought on by the Constitution Act Further Amendment Act 1881, and the Province was then divided into four districts which each elected six members: Central, North-Eastern, Northern and Southern districts. At the same time, the electoral schedule was shifted so that half of the Council was elected at each House of Assembly election.
Women earned the right to vote in the Council at the same time as the Assembly, in 1895, the first Parliament in Australia to do so, under the radical Premier Charles Kingston.Women’s Suffrage Petition 1894: parliament.sa.gov.au
Federation In 1902, following the Federation of Australia, the Constitution Act Amendment Act 1901 reduced the size of the legislative council from 24 back to 18 members - 6 from Central District and four each from Northern, North-Eastern and Southern districts. North-Eastern District was replaced by Midland District from the 1910 election, and the restricted franchise was extended to include ministers of religion, school head teachers, postmasters, railway stationmasters, and the officer in charge of a police station.
In 1913, the franchise extended to the inhabitant occupier of a house, but not their spouse. The council expanded to 20 people, four from each of five districts, with the Central district being replaced by Central District No. 1 and Central District No. 2. "Contingency voting", a form of preferential voting, was introduced from 1930.
Composition of Council over time The council's numbers varied over time. From inception to 1882, it had 18 members elected by a single colony-wide district. From then until 1902 it had 24 members; until 1915, 18 members; and until 1975, 20 members. The electoral districts were drawn with a heavy bias in favour of rural areas in place, with half of the council being elected each time. From 1915 to 1975, Labor did not gain more than two members at each election, with the conservative parties always holding a sizeable majority. From 1975, the council was increased to 22 members, with half (11) to be elected at each election.
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 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 Hall that produced a fairer electoral system for the House of Assembly, the council remained a house of property.
Under the original 1856 Constitution, the franchise was restricted to men, "having a freehold estate in possession, either legal or equitable, situate within the said Province, of the clear value of Fifty Pounds sterling money above all charges and encumbrances affecting the same, or having a leasehold estate in possession, situate within the said Province, the lease thereof having been registered in the General Registry Office, for the registration of deeds, and having three years to run at the time of voting, or containing a clause authorising the lessee to become the purchaser of the land thereby demised, or occupy a dwelling house of the clear annual value of Twenty-five Pounds sterling money." Text was copied from this source, which is available under a Attribution 3.0 Australia (CC BY 3.0 AU) license.
In 1907, the right to vote was extended to any person occupying a dwelling house, or "dwelling house and premises appurtenant thereto", with an annual rent of at least 17 pounds per annum (excluding any payment of rent by a wife to her husband); to a registered proprietor of a leasehold on which there were improvements to the value of at least 50 pounds and which were the property of the proprietor. At the same time, the franchise was also extended to ministers of religion, school head teachers, postmasters, railway stationmasters, and the officer in charge of a police station.
In 1913, a further extension of the franchise was granted, when the qualification of an occupier of a dwelling house was altered to include any inhabitant occupier, whether owner or tenant.
In 1918, the right to vote for members of the upper house was extended to all those who had served in armed forced in the First World War. This was subsequently extended to Second World War veterans in 1940 and in 1969, it was simplified to apply to all Australian war veterans regardless of the war they served in.
In 1969, the franchise was granted to any person who owned or rented property, regardless of the value of the property. The franchise was extended to the wedded spouse of the owner or renter.
Major changes came in 1973 under Don Dunstan. Dunstan, a social reformist, tired of the council's obstructionist attitude, and put forward bills for its reform. These changes removed the council's rural bias and all restrictions on suffrage, other than the age of majority, though this was lowered from 21 to 18 years. Initially rejected by the council, the reform created a single statewide electorate of 22 members, with 11 being elected each general election. 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. Its successor, the Australian Democrats, held the balance until 1997 when No Pokies Nick Xenophon was elected. The Family First Party and the Greens gained representation in 2002 and 2006 respectively.ABC Elections. Past election results. Accessed 19-01-2007.