Jump to content

Australian Capital Territory Legislative Assembly: Difference between revisions

From Wikipedia, the free encyclopedia
Browse history interactively
← Previous editNext edit →
Content deleted Content added
VisualWikitext
Stelith (talk | contribs)
29 edits
moved the "local government functions" into the first paragraph, since it's too small to stand on its own. merged the 'Powers' and 'Enactment of Legislation' paragraphs, since the EoL paragraph doesn't make sense standing on its own..
Stelith (talk | contribs)
29 edits
reorganized the page to *try* and get it into a somewhat logical arrangement without totally rewriting it. don't know if im happy with it but it's better than it was - if you have suggestions, i'd love to hear them. tried to make the intro para less bare. expanded history section w/ info from the Electorates page (which could maybe be merged?)
Line 56: Line 56:
The '''Legislative Assembly for the Australian Capital Territory''' (known in short as the '''ACT Legislative Assembly''') is the [[unicameral]] legislature of the [[Australian Capital Territory]] (ACT). It sits in the [[Legislative Assembly Building, Canberra|Legislative Assembly Building]] on Civic Square, close to [[City, Australian Capital Territory|the centre of the city]] of [[Canberra]].
The '''Legislative Assembly for the Australian Capital Territory''' (known in short as the '''ACT Legislative Assembly''') is the [[unicameral]] legislature of the [[Australian Capital Territory]] (ACT). It sits in the [[Legislative Assembly Building, Canberra|Legislative Assembly Building]] on Civic Square, close to [[City, Australian Capital Territory|the centre of the city]] of [[Canberra]].


Unlike the legislatures of the other mainland states and territories, the '''Assembly''' also has the functions of a local council; the city of Canberra has no other local government.
Unlike the legislatures of the other mainland states and territories, the '''Assembly''' also has the functions of a local council; the city of Canberra has no other local government. It replaced the [[Australian Capital Territory House of Assembly|House of Assembly]] when the ACT was granted self-government in 1986.


==Background and creation==
==Structure and Membership==
{{further|Australian Capital Territory House of Assembly|Australian Capital Territory Advisory Council}}
{{see also|Electorates of the Australian Capital Territory}}
⚫
The Legislative Assembly has 25 members, elected from five electorates ― [[Brindabella electorate|Brindabella]], [[Ginninderra electorate|Ginninderra]], [[Kurrajong electorate|Kurrajong]], [[Murrumbidgee electorate|Murrumbidgee]] and [[Yerrabi electorate|Yerrabi]] ― each having five members.<ref>{{cite web|title=A Bill for An Act to amend the Electoral Act 1992|url=http://www.legislation.act.gov.au/b/db_49732/20140605-58003/pdf/db_49732.pdf}}</ref><ref>{{cite web|title=Electorates 2016 election|date=27 April 2016|url=http://www.elections.act.gov.au/electoral_boundaries/electorates/electorates_2016_election|access-date=11 May 2016}}</ref> Members are elected for four-year terms by the [[Hare-Clark system]], a variation of the [[Single Transferable Vote]] form of [[proportional representation]].<ref name=":1">{{Cite web|url=https://www.parliament.act.gov.au/Explore-your-Assembly/resources/fact-sheets/electing-members|title=Electing Members of the ACT Legislative Assembly|date=25 April 2020 |publisher=Legislative Assembly for the ACT}}</ref>
⚫
The Assembly was created by four acts of the [[Parliament of Australia|Commonwealth Parliament]] in 1988, including the [[Australian Capital Territory (Self-Government) Act 1988]]. The [[1989 Australian Capital Territory legislative election|first election]] was held on 4 March 1989<ref>[http://www.elections.act.gov.au/elections/1989/timetable_89.html ACT government elections] {{webarchive |url=https://web.archive.org/web/20110328084555/http://www.elections.act.gov.au/elections/1989/timetable_89.html |date=28 March 2011 }}</ref> and the assembly first sat on 11 May that year.<ref name=":0">{{Cite web|url=https://www.parliament.act.gov.au/Explore-your-Assembly/resources/fact-sheets/self-government|title=Establishing self-government in the ACT|date=2017-03-20|publisher=Legislative Assembly for the ACT|language=en|url-status=dead|archive-url=https://web.archive.org/web/20200418023423/https://www.parliament.act.gov.au/Explore-your-Assembly/resources/fact-sheets/self-government|archive-date=18 April 2020|access-date=2020-04-10}}</ref> Until this point, the ACT had been directly administered by the Commonwealth Government. It replaced the [[Australian Capital Territory House of Assembly|House of Assembly]] (also known for a period as the Legislative Assembly), which existed from 1976 to 1986, but had no executive power, with a principal function of advising the Commonwealth on matters relating to the Territory.<ref name=":0" />


⚫
Members of the Legislative Assembly vote to elect a [[Chief Minister of the Australian Capital Territory|Chief Minister]]<ref>{{Cite Legislation AU|Cth|num_act|acta1988482|Australian Capital Territory (Self-Government) Act 1988|40}}</ref>. In practice, Chief Minister is the leader of whichever party is able to form [[ACT Government|government]]. The Chief Minister, in turn, selects [[ACT Government|ministers]] to form a [[Australian Capital Territory ministries|cabinet]]. The leader of the second-largest party in the Assembly usually becomes the [[Leader of the Opposition (Australian Capital Territory)|Leader of the Opposition]].
==Membership==
⚫
Since October 2016, the Legislative Assembly has 25 members elected from five electorates,<ref>{{cite web|title=A Bill for An Act to amend the Electoral Act 1992|url=http://www.legislation.act.gov.au/b/db_49732/20140605-58003/pdf/db_49732.pdf}}</ref> [[Brindabella electorate|Brindabella]], [[Ginninderra electorate|Ginninderra]], [[Kurrajong electorate|Kurrajong]], [[Murrumbidgee electorate|Murrumbidgee]] and [[Yerrabi electorate|Yerrabi]], each having five members.<ref>{{cite web|title=Electorates 2016 election|date=27 April 2016|url=http://www.elections.act.gov.au/electoral_boundaries/electorates/electorates_2016_election|access-date=11 May 2016}}</ref> Members are elected for four-year terms by the [[Hare-Clark system]], a variation of the [[Single Transferable Vote]] form of [[proportional representation]].<ref name=":1">{{Cite web|url=https://www.parliament.act.gov.au/Explore-your-Assembly/resources/fact-sheets/electing-members|title=Electing Members of the ACT Legislative Assembly|date=25 April 2020 |publisher=Legislative Assembly for the ACT}}</ref>


Previously the Legislative Assembly had 17 members elected from three electorates—Brindabella and Ginninderra, each of which had five members, and [[Molonglo electorate|Molonglo]], which had seven members. In 2014, the Assembly voted to expand the number of members, with the change taking effect at the [[2016 Australian Capital Territory general election|2016 election]].<ref>{{Cite Legislation AU|ACT|act|actaa2014519|Australian Capital Territory (Legislative Assembly) Act 2014}}</ref>
Election dates for the Assembly are fixed in legislation, with elections held on the third Saturday in October every four years (until 1997, elections were held in February).<ref>{{Cite Legislation AU|ACT|act|actaa2014519|Electoral Act 1992|100}}</ref> The term of the Assembly was increased in 2004 from three to four years. The [[2024 Australian Capital Territory general election|next election]] is due on Saturday the 19th of October, 2024.

⚫
The Assembly was originally elected by a modified [[D'Hondt method|d'Hondt]] system, but a 1992 [[1992 Australian Capital Territory electoral system referendum|referendum]] supported the [[Single transferable vote|Hare-Clark]] method, and this was introduced in the [[1995 Australian Capital Territory general election|1995 election]].<ref name=":1" />

⚫
Members of the Legislative Assembly vote to elect a [[Chief Minister of the Australian Capital Territory|Chief Minister]]<ref>{{Cite Legislation AU|Cth|num_act|acta1988482|Australian Capital Territory (Self-Government) Act 1988|40}}</ref>—in practice, the leader of whichever party can form government (known as the [[ACT Government]]). The Chief Minister, in turn, selects [[ACT Government|ministers]] to form a [[Australian Capital Territory ministries|cabinet]]. The leader of the second-largest party in the Assembly usually becomes the [[Leader of the Opposition (Australian Capital Territory)|Leader of the Opposition]].

Election dates for the Assembly are fixed in legislation, with elections held on the third Saturday in October every four years (until 1997, elections were held in February).<ref>{{Cite Legislation AU|ACT|act|actaa2014519|Electoral Act 1992|100}}</ref> The term of the Assembly was increased in 2004 from three to four years. The [[2024 Australian Capital Territory general election|next election]] is due on Saturday 19 October 2024.

⚫
==Salary==
⚫
{{As of|2018}} MLAs were paid a base salary of $164,382. Most members were entitled to an additional loading, up to a maximum of $345,202 for the chief minister.<ref>{{cite news|url=https://www.canberratimes.com.au/story/6021283/act-politicians-awarded-25-per-cent-pay-rise/|title=ACT politicians awarded 2.5 per cent pay rise|first=Blake|last=Foden|newspaper=The Canberra Times|date=4 April 2018|access-date=18 October 2020}}</ref>

⚫
==Powers==
⚫
As with the [[Northern Territory Legislative Assembly]], the ACT Legislative Assembly lacks the full powers of a state legislature. Section 122 of the [[Constitution of Australia]] provides that the [[Parliament of Australia|Commonwealth Parliament]] "may make laws for the government of any territory" surrendered by any State to the Commonwealth. The Governor-General, on the advice of the Executive, previously had the power to override laws passed by the Assembly.<ref>{{Cite Legislation AU|Cth|num_act|acta1988482|Australian Capital Territory (Self-Government) Act 1988|35}}</ref> Although this was rare in practice, the [[Same-sex marriage in the Australian Capital Territory#Civil Unions Bill 2006|Civil Unions Act 2006]], which allowed same-sex couples to enter into "civil unions" was overruled following concerns that the civil unions mimicked marriage. In July 2006, the Federal Government again threatened to overrule the ACT [[Jon Stanhope|Stanhope]] Government's anti-terror legislation, which was not consistent with other state laws. In 2011 the Federal Parliament passed a [[private senator's bill]] which removed this power in respect to both the Australian Capital Territory and the Northern Territory.<ref>{{Cite web |last= |title=Territories Self-Government Legislation Amendment (Disallowance and Amendment of Laws) Act 2011 |url=http://www.legislation.gov.au/Details/C2011A00166/Html/Text |access-date=2023-02-25 |website=www.legislation.gov.au |language=en}}</ref>

⚫
The ACT is unique among Australian states and self-governing territories, as it has no vice-regal post exercising authority as the representative of the monarch, such as a [[Governors of the Australian states|governor]] or an [[Administrator of the Northern Territory|Administrator]]. The functions vested in a state Governor or territorial Administrator as nominal head of the Executive{{mdash}}commissioning government, proroguing parliament and enacting legislation{{mdash}}are exercised by the Assembly itself and by the Chief Minister. Instead of vice-regal or regal assent, a Bill passed by the ACT Legislative Assembly is enacted on "notification"{{mdash}}publication in the Government Gazette of a notice authorised by the Chief Minister.<ref>{{cite web |url = http://www.foundingdocs.gov.au/item.asp?dID=118 |title=National Archives: Documenting a Democracy |access-date=8 June 2009 |archive-url = https://web.archive.org/web/20060221051914/http://www.foundingdocs.gov.au/item.asp?dID=118 |archive-date=21 February 2006 |url-status=dead |df=dmy-all }}</ref> However, the [[Governor-General of Australia]] does have the power to dissolve the Assembly if it is "incapable of effectively performing its functions or is conducting its affairs in a grossly improper manner".<ref>{{Cite Legislation AU|Cth|num_act|acta1988482|Australian Capital Territory (Self-Government) Act 1988|16}}</ref>


==Current Membership and Government==
===Current Government===
{{see also|Labor–Greens coalition}}
{{see also|Labor–Greens coalition}}
[[File:ACT Electorates 2020.png|thumb|Electorates used for the 2020 election.]]
[[File:ACT Electorates 2020.png|thumb|Electorates used for the 2020 election.]]


The current Legislative Assembly is made up of of 10 Labor seats, 9 Liberal seats and 6 Greens seats. The current Chief Minister is Andrew Barr,<ref>{{cite news|url=https://www.parliament.act.gov.au/members/ninth-assembly-members/kurrajong/barr-andrew2|title=Barr-Andrew |date=28 April 2020 }}</ref> who is also the Treasurer, Minister for Climate Action, Minister for Economic Development and Minister for Tourism. The position of Chief Minister is analogous to the Premier in the Australian states.
The current Chief Minister is Andrew Barr,<ref>{{cite news|url=https://www.parliament.act.gov.au/members/ninth-assembly-members/kurrajong/barr-andrew2|title=Barr-Andrew |date=28 April 2020 }}</ref> who is also the Treasurer, Minister for Climate Action, Minister for Economic Development and Minister for Tourism. The position of Chief Minister is analogous to the Premier in the Australian states.


The following is the distribution of seats after the [[2020 Australian Capital Territory general election]].
As of the [[2020 Australian Capital Territory general election]], the Legislative Assembly is made up of of 10 Labor seats, 9 Liberal seats and 6 Greens seats.
{| class="wikitable" style="text-align:right;"
{| class="wikitable" style="text-align:right;"
|-
|-
Line 196: Line 181:


The ACT Greens has formed coalition governments with the [[Australian Labor Party (Australian Capital Territory Branch)|ACT Labor Party]] since 2012, after supporting a minority Labor government in 2008. This is the only [[Labor–Greens coalition]] state or territory government in Australia. It is arguably the first such coalition, with a [[Labor-Green Accord|1989 agreement in Tasmania]] not granting the [[Tasmanian Greens]] any cabinet positions.
The ACT Greens has formed coalition governments with the [[Australian Labor Party (Australian Capital Territory Branch)|ACT Labor Party]] since 2012, after supporting a minority Labor government in 2008. This is the only [[Labor–Greens coalition]] state or territory government in Australia. It is arguably the first such coalition, with a [[Labor-Green Accord|1989 agreement in Tasmania]] not granting the [[Tasmanian Greens]] any cabinet positions.

⚫
===Salary===
⚫
{{As of|2018}} Members of the Legislative Assembly were paid a base salary of $164,382. Most members were entitled to an additional loading, up to a maximum of $345,202 for the chief minister.<ref>{{cite news|url=https://www.canberratimes.com.au/story/6021283/act-politicians-awarded-25-per-cent-pay-rise/|title=ACT politicians awarded 2.5 per cent pay rise|first=Blake|last=Foden|newspaper=The Canberra Times|date=4 April 2018|access-date=18 October 2020}}</ref>

==History==
{{further|Australian Capital Territory House of Assembly|Australian Capital Territory Advisory Council}}
⚫
The current Legislative Assembly was created by four acts of the [[Parliament of Australia|Commonwealth Parliament]] in 1988, including the [[Australian Capital Territory (Self-Government) Act 1988]]. The [[1989 Australian Capital Territory legislative election|first election]] was held on 4 March 1989<ref>[http://www.elections.act.gov.au/elections/1989/timetable_89.html ACT government elections] {{webarchive |url=https://web.archive.org/web/20110328084555/http://www.elections.act.gov.au/elections/1989/timetable_89.html |date=28 March 2011 }}</ref> and the assembly first sat on 11 May that year.<ref name=":0">{{Cite web|url=https://www.parliament.act.gov.au/Explore-your-Assembly/resources/fact-sheets/self-government|title=Establishing self-government in the ACT|date=2017-03-20|publisher=Legislative Assembly for the ACT|language=en|url-status=dead|archive-url=https://web.archive.org/web/20200418023423/https://www.parliament.act.gov.au/Explore-your-Assembly/resources/fact-sheets/self-government|archive-date=18 April 2020|access-date=2020-04-10}}</ref> Until this point, the ACT had been directly administered by the Commonwealth Government. It replaced the [[Australian Capital Territory House of Assembly|House of Assembly]] (also known for a period as the Legislative Assembly), which existed from 1976 to 1986, but had no executive power, with a principal function of advising the Commonwealth on matters relating to the Territory.<ref name=":0" />

===Historical Composition===
{{further|Members of the Australian Capital Territory Legislative Assembly}}
⚫
At its inception, the Assembly was elected by a modified [[D'Hondt method|d'Hondt]] system, but a 1992 [[1992 Australian Capital Territory electoral system referendum|referendum]] supported the [[Single transferable vote|Hare-Clark]] method, which was introduced for the [[1995 Australian Capital Territory general election|1995 election]].<ref name=":1" /> As of this change, the Legislative Assembly had 17 members, elected from three electorates. Brindabella and Ginninderra elected five members, and the now-defunct [[Molonglo electorate|electorate of Molonglo]] elected seven.

On 30 April 2002, the ACT Electoral Commission made a submission to the ACT Legislative Assembly's Standing Committee on Legal Affairs, which inquired into the appropriateness of the size of the Legislative Assembly for the ACT, and options for changing the number of members and electorates. The Electoral Commission recommended increasing "the size of the Legislative Assembly to three electorates each returning seven members, giving a total of 21 members".<ref>{{cite web|url=http://www.elections.act.gov.au/pdfs/sizeofassemblysubmission.pdf |title=Inquiry into the appropriateness of the size of the ACT Legislative Assembly |work=Submission to the Standing Committee on Legal Affairs |publisher=[[Australian Capital Territory Electoral Commission|ACT Electoral Commission]] |date=2002-04-30 |accessdate=2010-08-21 |url-status=dead |archiveurl=https://web.archive.org/web/20090914053235/http://www.elections.act.gov.au/pdfs/sizeofassemblysubmission.pdf |archivedate=September 14, 2009 }}</ref>

In 2014, the Assembly voted to expand the number of members to the present 25, with the change taking effect at the [[2016 Australian Capital Territory general election|2016 election]].<ref>{{Cite Legislation AU|ACT|act|actaa2014519|Australian Capital Territory (Legislative Assembly) Act 2014}}</ref>

⚫
==Powers==
⚫
As with the [[Northern Territory Legislative Assembly]], the ACT Legislative Assembly lacks the full powers of a state legislature. Section 122 of the [[Constitution of Australia]] provides that the [[Parliament of Australia|Commonwealth Parliament]] "may make laws for the government of any territory" surrendered by any State to the Commonwealth. The Governor-General, on the advice of the Executive, previously had the power to override laws passed by the Assembly.<ref>{{Cite Legislation AU|Cth|num_act|acta1988482|Australian Capital Territory (Self-Government) Act 1988|35}}</ref> Although this was rare in practice, the [[Same-sex marriage in the Australian Capital Territory#Civil Unions Bill 2006|Civil Unions Act 2006]], which allowed same-sex couples to enter into "civil unions" was overruled following concerns that the civil unions mimicked marriage. In July 2006, the Federal Government again threatened to overrule the ACT [[Jon Stanhope|Stanhope]] Government's anti-terror legislation, which was not consistent with other state laws. In 2011 the Federal Parliament passed a [[private senator's bill]] which removed this power in respect to both the Australian Capital Territory and the Northern Territory.<ref>{{Cite web |last= |title=Territories Self-Government Legislation Amendment (Disallowance and Amendment of Laws) Act 2011 |url=http://www.legislation.gov.au/Details/C2011A00166/Html/Text |access-date=2023-02-25 |website=www.legislation.gov.au |language=en}}</ref>

⚫
The ACT is unique among Australian states and self-governing territories, as it has no vice-regal post exercising authority as the representative of the monarch, such as a [[Governors of the Australian states|governor]] or an [[Administrator of the Northern Territory|Administrator]]. The functions vested in a state Governor or territorial Administrator as nominal head of the Executive{{mdash}}commissioning government, proroguing parliament and enacting legislation{{mdash}}are exercised by the Assembly itself and by the Chief Minister. Instead of vice-regal or regal assent, a Bill passed by the ACT Legislative Assembly is enacted on "notification"{{mdash}}publication in the Government Gazette of a notice authorised by the Chief Minister.<ref>{{cite web |url = http://www.foundingdocs.gov.au/item.asp?dID=118 |title=National Archives: Documenting a Democracy |access-date=8 June 2009 |archive-url = https://web.archive.org/web/20060221051914/http://www.foundingdocs.gov.au/item.asp?dID=118 |archive-date=21 February 2006 |url-status=dead |df=dmy-all }}</ref> However, the [[Governor-General of Australia]] does have the power to dissolve the Assembly if it is "incapable of effectively performing its functions or is conducting its affairs in a grossly improper manner".<ref>{{Cite Legislation AU|Cth|num_act|acta1988482|Australian Capital Territory (Self-Government) Act 1988|16}}</ref>


== See also ==
== See also ==
Line 204: Line 209:
* [[Members of the Australian Capital Territory Legislative Assembly]]
* [[Members of the Australian Capital Territory Legislative Assembly]]
* [[Parliaments of the Australian states and territories]]
* [[Parliaments of the Australian states and territories]]
* [[Labor–Greens coalition]]


== References ==
== References ==

Revision as of 05:49, 12 February 2024

Legislative Assembly
10th Assembly
Coat of arms or logo
Logo
Type
Type
History
Founded11 May 1989; 35 years ago (11 May 1989)
Preceded byHouse of Assembly
Leadership
Joy Burch, Labor
since 31 October 2016
Deputy Speaker
Mark Parton, Liberal
since November 2020
Manager of Government
Business
Mick Gentleman, Labor
since February 2016
Government whip
Andrew Barr, Labor
since 11 December 2014
Elizabeth Lee, Liberal
since 27 October 2020
Structure
Seats25
Political groups
Government (16)
  Labor (10)
  Greens (6)[1]
Opposition (9)
  Liberal (9)
Length of term
4 years
Elections
Hare–Clark electoral system
First election
4 March 1989
Last election
17 October 2020
Next election
19 October 2024
Meeting place
Legislative Assembly Building, Canberra, Australian Capital Territory, Australia
Website
www.parliament.act.gov.au
Chamber of the ACT Legislative Assembly

The Legislative Assembly for the Australian Capital Territory (known in short as the ACT Legislative Assembly) is the unicameral legislature of the Australian Capital Territory (ACT). It sits in the Legislative Assembly Building on Civic Square, close to the centre of the city of Canberra.

Unlike the legislatures of the other mainland states and territories, the Assembly also has the functions of a local council; the city of Canberra has no other local government. It replaced the House of Assembly when the ACT was granted self-government in 1986.

Structure and Membership

See also: Electorates of the Australian Capital Territory

The Legislative Assembly has 25 members, elected from five electorates ― Brindabella, Ginninderra, Kurrajong, Murrumbidgee and Yerrabi ― each having five members.[2][3] Members are elected for four-year terms by the Hare-Clark system, a variation of the Single Transferable Vote form of proportional representation.[4]

Members of the Legislative Assembly vote to elect a Chief Minister[5]. In practice, Chief Minister is the leader of whichever party is able to form government. The Chief Minister, in turn, selects ministers to form a cabinet. The leader of the second-largest party in the Assembly usually becomes the Leader of the Opposition.

Election dates for the Assembly are fixed in legislation, with elections held on the third Saturday in October every four years (until 1997, elections were held in February).[6] The term of the Assembly was increased in 2004 from three to four years. The next election is due on Saturday the 19th of October, 2024.

Current Government

See also: Labor–Greens coalition
Electorates used for the 2020 election.

The current Chief Minister is Andrew Barr,[7] who is also the Treasurer, Minister for Climate Action, Minister for Economic Development and Minister for Tourism. The position of Chief Minister is analogous to the Premier in the Australian states.

As of the 2020 Australian Capital Territory general election, the Legislative Assembly is made up of of 10 Labor seats, 9 Liberal seats and 6 Greens seats.

Party Seats held Percentage Seat distribution
Labor Party 10 40%                    
Liberal Party 9 36%                    
ACT Greens 6 24%                    
Electorate Seats held
Brindabella          
Ginninderra          
Kurrajong          
Murrumbidgee          
Yerrabi          
  Labor
  Liberal
  Green

The ACT Greens has formed coalition governments with the ACT Labor Party since 2012, after supporting a minority Labor government in 2008. This is the only Labor–Greens coalition state or territory government in Australia. It is arguably the first such coalition, with a 1989 agreement in Tasmania not granting the Tasmanian Greens any cabinet positions.

Salary

As of 2018 Members of the Legislative Assembly were paid a base salary of $164,382. Most members were entitled to an additional loading, up to a maximum of $345,202 for the chief minister.[8]

History

Further information: Australian Capital Territory House of Assembly and Australian Capital Territory Advisory Council

The current Legislative Assembly was created by four acts of the Commonwealth Parliament in 1988, including the Australian Capital Territory (Self-Government) Act 1988. The first election was held on 4 March 1989[9] and the assembly first sat on 11 May that year.[10] Until this point, the ACT had been directly administered by the Commonwealth Government. It replaced the House of Assembly (also known for a period as the Legislative Assembly), which existed from 1976 to 1986, but had no executive power, with a principal function of advising the Commonwealth on matters relating to the Territory.[10]

Historical Composition

Further information: Members of the Australian Capital Territory Legislative Assembly

At its inception, the Assembly was elected by a modified d'Hondt system, but a 1992 referendum supported the Hare-Clark method, which was introduced for the 1995 election.[4] As of this change, the Legislative Assembly had 17 members, elected from three electorates. Brindabella and Ginninderra elected five members, and the now-defunct electorate of Molonglo elected seven.

On 30 April 2002, the ACT Electoral Commission made a submission to the ACT Legislative Assembly's Standing Committee on Legal Affairs, which inquired into the appropriateness of the size of the Legislative Assembly for the ACT, and options for changing the number of members and electorates. The Electoral Commission recommended increasing "the size of the Legislative Assembly to three electorates each returning seven members, giving a total of 21 members".[11]

In 2014, the Assembly voted to expand the number of members to the present 25, with the change taking effect at the 2016 election.[12]

Powers

As with the Northern Territory Legislative Assembly, the ACT Legislative Assembly lacks the full powers of a state legislature. Section 122 of the Constitution of Australia provides that the Commonwealth Parliament "may make laws for the government of any territory" surrendered by any State to the Commonwealth. The Governor-General, on the advice of the Executive, previously had the power to override laws passed by the Assembly.[13] Although this was rare in practice, the Civil Unions Act 2006, which allowed same-sex couples to enter into "civil unions" was overruled following concerns that the civil unions mimicked marriage. In July 2006, the Federal Government again threatened to overrule the ACT Stanhope Government's anti-terror legislation, which was not consistent with other state laws. In 2011 the Federal Parliament passed a private senator's bill which removed this power in respect to both the Australian Capital Territory and the Northern Territory.[14]

The ACT is unique among Australian states and self-governing territories, as it has no vice-regal post exercising authority as the representative of the monarch, such as a governor or an Administrator. The functions vested in a state Governor or territorial Administrator as nominal head of the Executive—commissioning government, proroguing parliament and enacting legislation—are exercised by the Assembly itself and by the Chief Minister. Instead of vice-regal or regal assent, a Bill passed by the ACT Legislative Assembly is enacted on "notification"—publication in the Government Gazette of a notice authorised by the Chief Minister.[15] However, the Governor-General of Australia does have the power to dissolve the Assembly if it is "incapable of effectively performing its functions or is conducting its affairs in a grossly improper manner".[16]

See also

References

  1. ^ https://www.cmtedd.act.gov.au/__data/assets/pdf_file/0003/1654077/Parliamentary-Agreement-for-the-10th-Legislative-Assembly.pdf While the Greens sit in the cabinet of the ACT Government, three Greens MLAs sit on the backbench, allowing them to put forward private members' bills and question ministers. All 6 Greens MLAs are party to the Parliamentary (Coalition) agreement. This agreement sets out “two-party government” principles & binds Greens MLAs
  2. ^ "A Bill for An Act to amend the Electoral Act 1992" (PDF).
  3. ^ "Electorates 2016 election". 27 April 2016. Retrieved 11 May 2016.
  4. ^ a b "Electing Members of the ACT Legislative Assembly". Legislative Assembly for the ACT. 25 April 2020.
  5. ^ Australian Capital Territory (Self-Government) Act 1988 (Cth) s 40
  6. ^ Electoral Act 1992 (ACT) s 100
  7. ^ "Barr-Andrew". 28 April 2020.
  8. ^ Foden, Blake (4 April 2018). "ACT politicians awarded 2.5 per cent pay rise". The Canberra Times. Retrieved 18 October 2020.
  9. ^ ACT government elections Archived 28 March 2011 at the Wayback Machine
  10. ^ a b "Establishing self-government in the ACT". Legislative Assembly for the ACT. 20 March 2017. Archived from the original on 18 April 2020. Retrieved 10 April 2020.
  11. ^ "Inquiry into the appropriateness of the size of the ACT Legislative Assembly" (PDF). Submission to the Standing Committee on Legal Affairs. ACT Electoral Commission. 30 April 2002. Archived from the original (PDF) on 14 September 2009. Retrieved 21 August 2010.
  12. ^ Australian Capital Territory (Legislative Assembly) Act 2014 (ACT)
  13. ^ Australian Capital Territory (Self-Government) Act 1988 (Cth) s 35
  14. ^ "Territories Self-Government Legislation Amendment (Disallowance and Amendment of Laws) Act 2011". www.legislation.gov.au. Retrieved 25 February 2023.
  15. ^ "National Archives: Documenting a Democracy". Archived from the original on 21 February 2006. Retrieved 8 June 2009.
  16. ^ Australian Capital Territory (Self-Government) Act 1988 (Cth) s 16
Retrieved from "https://en.wikipedia.org/w/index.php?title=Australian_Capital_Territory_Legislative_Assembly&oldid=1206455668"