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President of the New South Wales Legislative Council

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President of the
New South Wales Legislative Council
Incumbent
John Ajaka
since 21 February 2017
StyleThe Honourable
Mr / Madam President
(in the Council)
AppointerThe Monarch's representative at the behest of the Legislative Council
Term lengthElected at start of each Parliament
Inaugural holderSir Alfred Stephen
Formation20 May 1856
DeputyTrevor Khan, MLC

The President of the New South Wales Legislative Council is the presiding officer of the upper house of the Parliament of New South Wales, the Legislative Council. The presiding officer of the lower house is the speaker of the Legislative Assembly. The role of President has generally been a partisan office, filled by the governing party of the time. As of May 2017 the president is John Ajaka.

Election

Between 1856 and when the Legislative Council was re-constituted in 1934 the president was appointed by the Governor. From 1934 the President was chosen by the council, however there was no contested election between 1934 and 1988. Instead each of Sir John Peden, Ernest Farrar, William Dickson and Sir Harry Budd continued to hold office until they ceased to be a member of the council, regardless of the composition of the council or which party was in government. In 1991 this was changed by legislation that required the president to be chosen by ballot after each election. Since 1991 the president is elected by the Council in a secret ballot. The Clerk of the Council conducts the election.[1] The Presidency has always been a partisan office and the nominee of the government party has nearly always been elected—although this cannot be guaranteed since the government of the day does not necessarily have a majority in the Council. The president is assisted by an elected deputy president. The traditional practice has been that the government nominates an MLC to be elected as President, and the Opposition nominates an MLC to be Deputy President. However, as with now, this is not always the case.

Impartiality

The president has a casting vote (in the event of an equality of votes). Like the speaker, the president continues to attend party meetings, and at general elections stands as a party candidate. On the other hand, the president does not usually take part in debates in the Council and does not speak in public on party-political issues. He or she is expected to conduct the business of the Council in an impartial and dignified manner.

Section 22I of the NSW Constitution states that "All questions arising in the Legislative Council shall be decided by a majority of the votes of the Members present other than the President or other Member presiding and when the votes are equal the President or other Member presiding shall have a casting vote."

Role

The president’s principal duty is to preside over the Council, although he or she is assisted in this by the deputy president and a panel of acting deputy presidents, who usually preside during routine debates. The occupant of the chair must maintain order in the Council, uphold the Standing Orders (rules of procedure) and protect the rights of backbench councillors. The president, in conjunction with the speaker of the Legislative Assembly, also administers Parliament House, Sydney, with the assistance of administrative staff.

Although the president does not have the same degree of disciplinary power as the speaker does, the Council is not as rowdy as most Australian legislative chambers, and thus his or her disciplinary powers are seldom exercised.

Perquisites and ceremony

Sir John Peden (1929–1946) in the full traditional dress presiding over the State Opening of Parliament, 18 September 1929.

Following the Westminster tradition inherited from the House of Lords of the United Kingdom, the traditional dress of the speaker includes components of Court dress such as the black silk lay-type gown (similar to a Queen's Counsel gown), a wing collar and a lace jabot or bands (another variation included a white bow tie with a lace jabot), bar jacket, and a full-bottomed wig.

The dress of speakers has often variated according to the party in power, but is determinate on the personal choice of the speaker. Most Labor party presidents eschewed the wig while retaining the court dress, while conservative and independent speakers tended to wear the full dress.

The president, currently, no longer wears the full traditional court dress outfit. Max Willis (1991-1998) was the last president to do so. From 1998 to 2011, all the presidents opted not to wear any dress at all, preferring normal business attire. However, upon his election, President Harwin returned to tradition by wearing the gown during question time and on significant occasions such as the Opening of Parliament. However, there is nothing stopping any given speaker, if they choose to do so, from assuming traditional court dress or anything they deem appropriate.

List of presidents of the Legislative Council

# President Party affiliation Term start Term end Time in office
1 Sir Alfred Stephen None 20 May 1856 28 January 1857 253 days
2 John Plunkett None 29 January 1857 6 February 1858 1 year, 8 days
3 Sir William Burton None 9 February 1858 10 March 1861 3 years, 29 days
4 William Wentworth None 24 June 1861 10 October 1862 1 year, 108 days
5 Sir Terence Murray None 14 October 1862 22 June 1873 10 years, 251 days
6 Sir John Hay None 8 July 1873 10 January 1892 18 years, 186 days
7 Sir John Lackey None 26 January 1892 23 May 1903 11 years, 117 days
8 Sir Francis Suttor Progressive 23 May 1903 4 April 1915 11 years, 316 days
Liberal Reform
9 Frederick Flowers Labor 27 April 1915 14 December 1928 13 years, 231 days
10 Sir John Peden Nationalist 5 February 1929 22 April 1946 17 years, 76 days
United Australia
Liberal
11 Ernest Farrar Liberal 30 April 1946 16 June 1952 6 years, 47 days
12 William Dickson Labor 18 August 1952 22 May 1966 13 years, 277 days
13 Sir Harry Budd Country 9 August 1966 5 November 1978 12 years, 88 days
14 Johno Johnson Labor 7 November 1978 3 July 1991 12 years, 238 days
15 Max Willis Liberal 3 July 1991 29 June 1998 6 years, 361 days
16 Virginia Chadwick Liberal 29 June 1998 5 March 1999 249 days
17 Meredith Burgmann Labor 11 May 1999 2 March 2007 7 years, 295 days
18 Peter Primrose Labor 8 May 2007 17 November 2009 2 years, 193 days
19 Amanda Fazio Labor 24 November 2009 3 May 2011 1 year, 160 days
20 Don Harwin Liberal 3 May 2011 30 January 2017 (2017-01-30) 5 years, 272 days
21 John Ajaka Liberal 21 February 2017 Incumbent 7 years, 300 days

Deputy President and Chair of Committees

Originally titled Chairman of Committees, the current style was adopted on 5 May 2004 during the term of the first female holder of the office. Various legal and constitutional amendments to follow this change were made in the Constitution Amendment (Parliamentary Presiding Officers) Act 2014.[2]

Chairman of Committees Party affiliation Term start Term end
George Allen None 4 June 1856 15 January 1873
Joseph Docker None 15 January 1873 9 February 1875
Sir Joseph Innes None 9 February 1875 16 December 1880
Joseph Docker None 16 December 1880 11 December 1884
William Piddington None 17 March 1885 25 November 1887
Archibald Jacob None 1 December 1887 28 May 1900
William Trickett None 13 June 1900 23 July 1912
Broughton O'Conor Liberal Reform 24 July 1912 22 April 1934
Nationalist
United Australia
Ernest Farrar United Australia 2 May 1934 22 April 1946
Liberal
Thomas Steele Country 30 April 1946 11 March 1953
Ernest Gerard Wright Labor 11 March 1953 22 April 1967
Stanley Eskell Liberal 2 August 1967 6 March 1969
Thomas McKay Liberal 12 March 1969 5 November 1978
Clive Healey Labor 8 November 1978 22 February 1988
Sir Adrian Solomons National 28 April 1988 2 July 1991
Duncan Gay National 3 July 1991 10 May 1999
Tony Kelly Labor 11 May 1999 29 April 2003
Amanda Fazio Labor 30 April 2003 5 May 2004
Deputy President Party affiliation Term start Term end
Amanda Fazio Labor 5 May 2004 24 November 2009
Kayee Griffin Labor 24 November 2009 4 March 2011
Jenny Gardiner National 3 May 2011 5 May 2015
Trevor Khan National 5 May 2015 Incumbent

Assistant President

Assistant President[2] Party affiliation Term start Term end
Fred Nile Christian Democrats 28 June 2007 7 May 2019
Shaoquett Moselmane Labor 7 May 2019 6 April 2020
Rod Roberts One Nation 17 June 2020 Incumbent

References

  1. ^ Gareth, Griffith (1995). "Selecting a presiding officer" (PDF). Briefing paper no 13/95. Parliament of NSW. Retrieved 27 November 2020.
  2. ^ a b "Part Ten - Officers of Parliament" (PDF). NSW Parliamentary Record. Parliament of New South Wales. Retrieved 12 April 2020.