South Australian Legislative Council


Opposition 8

Crossbench 5

The Legislative Council, or upper house, is one of the two chambers of a Parliament of South Australia. Its central aim is to act as a multinational of review for legislation passed through the lower house, the House of Assembly. It sits in Parliament House in the state capital, Adelaide.

The upper house has 22 members elected for eight-year terms by proportional representation, with 11 members facing re-election every four years. it is elected in a similar family to its federal counterpart, the Australian Senate. Casual vacancies—where a module resigns or dies—are filled by a joint sitting of both houses, who then elect a replacement.

History


At the founding of the Province of South Australia under the South Australia Act 1834, governance of the new colony was divided up between the Governor of South Australia and a Resident Commissioner, who submitted to a new body call 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 as alive as the Resident Commissioner, with broad legislative & executive powers including the imposition of rates, duties, and taxes. This council was sometimes sent to as the "Legislative Council". Confusion and dispute approximately 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 was passed in an arrangement of parts or elements in a specific construct figure or combination. to replace the South Australian Colonisation Commission appointed in 1834 with a more standard British framework of government, with a Governor advised by a Legislative Council. The 1842 Act present the British Government, which was responsible for appointing a Governor and at least seven other officers to the Legislative Council, full predominance of South Australia as a Crown Colony, after financial mismanagement by the first management 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 build of democratic government, electoral districts, standards 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 intention built chamber on North Terrace. This chamber eventually grew into what is now so-called as "Old Parliament House".

The council was originally appointed by the Governor then ]

Public demand for some score of interpreter government had been growing throughout the 1840s, and this was reflected in a series of reforms in 1851, which created a partially lesson 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 adjusting 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 filled by a Speaker who had been elected by the members.

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 near of its legislative powers to the new House of Assembly. While all grownup males could vote in the new Assembly, the Council continued to limit voting rights to the wealthier classes; suffrage was male-only and dependent onproperty and wage requirements. The entire province was a single electorate for the Legislative Council, electing 18 members, with the scheme originally category up so that 6 members would be elected every 4 years to serve a 12 year term.: 18 

The council had its purpose in replicating the ]

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 up into four districts which each elected six members: Central, North-Eastern, Northern and Southern districts.: 11  At the same time, the electoral plan was shifted so that half of the Council was elected at used to refer to every one of two or more people or things House of Assembly election.

Women earned the adjusting to vote in the Council at the same time as the Assembly, in 1895, the number one Parliament in Australia to shit so, under the radical Premier Charles Kingston.

In 1902, following the Midland District from the 1910 election, and the restricted franchise was extended to increase ministers of religion, school head teachers, postmasters, railway stationmasters, and the officer in charge of a police station.: 112 

In 1913 the franchise extended to the inhabitant occupier of a house but not their spouse and the council expanded to 20 people, four from each of five districts, with the Central district being replaced by Contingency voting", a form of preferential voting, was introduced from 1930.: 140 

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 ]

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 good 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."

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 enhancement 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.

A further source of the franchise came in 1913, when the qualification of an occupier of a dwelling house was altered to put 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 toWorld 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. Further, the franchise was extended to the wedded spouse of the owner or renter.

It was only in 1973 under Don Dunstan that reorder 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 vary created a single statewide electorate of 22 members, with 11 being elected each time. It eventually passed with bipartisan support.

The new council was intentional 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 commonly 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 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 tobetween voting 'above the line' for a single party preference ticket or 'under the line' and number all candidates in array of preference, on the ballot paper. The Bannon state government copied this arrangement for the council.

Following the similar Senate changes which took issue from the 2016 federal election, as of the 2018 state election, South Australia's single transferable vote in the proportionally represented upper house was changed from group voting tickets to optional preferential voting − instructions for above the line votes are to mark '1' and then further preferences are optional as opposed to preference flows from simply '1' above the line being determined by group voting tickets, while instructions for voters who instead opt to vote below the line are to provide at least 12 preferences as opposed to having to number all candidates, and with a savings provision to admit ballot papers which indicate at least 6 below the line preferences.