Parliament of Victoria
|Parliament of Victoria|
|Founded||21 November 1856|
Since 6 February 1952
Since 1 July 2015
Legislative Assembly political groups
Legislative Council political groups
Local Jobs (1)
Last general election
|29 November 2014|
Next general election
|24 November 2018|
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 Assembly (lower house); and the Legislative Council (upper house). 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.
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 Colonies Government Act which made provision for the separation of Victoria from New South Wales. Enabling legislation was passed by the Parliament of New South Wales, and Victoria was formally created a separate colony of the United Kingdom on 1 July 1851.
The Australian Colonies Government Act provided for the colony to be administered by a Lieutenant-Governor and a Legislative Council of 51 members, 21 of which were to be elected and the remainder appointed 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 existed for five years and was responsible for at least three significant and enduring contributions to the parliamentary system of Victoria:
- It drafted the Victorian Constitution, which provides the framework for the system of government in Victoria;
- It introduced the secret ballot, an innovation at the time but now common around the world; and
- It ordered the construction of the Victorian Parliament House in Melbourne.
The Victorian Constitution was approved by the Legislative Council in March 1854, was sent to Britain where it was passed by the United Kingdom Parliament as the Victoria Constitution Act 1855, was granted Royal Assent on 16 July 1855 and was proclaimed in Victoria on 23 November 1855. The Constitution established the Westminster-style system of responsible government that continues in Victoria today.
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. The Legislative Council consisted of thirty members representing six Provinces, each province returning five Members. The Legislative Assembly consisted of sixty members representing thirty-seven multi and single-member electorates.
Until November 2006, the Legislative Council had 44 members serving eight-year terms, elected from single-member constituencies, with half the seats falling vacant every four years. Since then it has had 40 members, each serving four-year terms, and elected from eight multi-member constituencies, each returning five members, elected by proportional representation. Since 2006, the Legislative Assembly has had 88 members elected for fixed four-year terms from single-member constituencies, using preferential voting.
Parliament has sat at Parliament House, Melbourne since 1856, with the exception of the period 1901–1927, when Parliament House was used by the Federal Parliament and the Parliament of Victoria sat at the Royal Exhibition Building.
Structure and operation
The Parliament has the power to make laws for Victoria on any matter, subject only to limitations placed on it by the Constitution of Australia, which specifies which matters fall under the jurisdiction of the Commonwealth.
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 that 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 are changed.
A proposed law or bill can be introduced into either house, but in practice most are introduced into the Legislative Assembly. Any bill, with the exception of bills appropriating money for the ordinary annual services of government, must be passed by both Houses before being presented to the Governor, who will sign the Bill into law on behalf of the Queen. Ordinary appropriation bills need only be passed by the Legislative Assembly before being presented to the Governor for royal assent.
Membership and elections
Today the Houses of Parliament consist of eighty-eight Members of the Legislative Assembly elected in single-member electorates, known as districts, and forty Members of the Legislative Council elected from eight multi-member electorates, known as regions, each of which returns five members. 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.
Parliament can be dissolved earlier by the Governor, and a general election called, in two exceptional circumstances:
- the Legislative Assembly passes a motion of no confidence in the Government or its ministers, or
- the Legislative Council and Legislative Assembly are deadlocked and cannot agree to pass a Bill.
Anyone enrolled to vote in Victoria can stand for election as a candidate for either House, except for:
- a judge of the Victorian Courts,
- a member of the Commonwealth Parliament,
- an undischarged bankrupt, or
- someone convicted of a serious criminal offence.
It is also not permitted to be a member of both houses or a candidate for election to both houses of Parliament.
The last general election was held 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 postnominal letters 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 Speaker of the Legislative Assembly is the presiding officer of the Legislative Assembly. He or she is an elected member of the Parliament and is chosen by the members of the Legislative Assembly to chair their meetings and represent the assembly as a whole at official functions. The corresponding person in the Legislative Council is the President of the Legislative Council. Both the Speaker and the President 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.
Relationship with government
The Governor of Victoria is the representative of the Monarch (Queen Elizabeth II). Among the Governor's vice-regal duties are the opening of Parliament and the signing of acts that are passed by the Victorian Parliament.
The leader of the political party or coalition with a majority of 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.
The Leader of the Opposition is Matthew Guy, who was elected as the leader of the Liberal Party on 4 December 2014 after their election defeat, replacing former Premier Denis Napthine. The previous day the Nationals elected Peter Walsh as their leader, replacing Peter Ryan. The Greens are led by Samantha Ratnam.
Salary and allowances
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, this equates to approximately $39,000 in 2011 dollars.
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. The President and Speaker are paid a salary of $215,997 (165% of the base salary). All members receive a residential allowance, a travelling allowance, an electorate allowance and an electorate office allowance, in addition to their base salary; some senior office holders are also entitled to an expense allowance.
- Victorian state election, 2018
- Government of Victoria
- Parliaments of the Australian states and territories
- Official Openings by the Monarch in Australia
- Parliament railway station
- "The Constitution Act 1975". An Act to re-enact the Law relating to the Constitution of the State of Victoria and for other purposes. Victoria Australia: Victorian Parliament. 1975. Retrieved 26 February 2011.
- "Australian Constitutions Act 1850". An Act for the better Government of Her Majesty's Australian Colonies. UK: House of Lords Record Office. 5 August 1850. Archived from the original on 16 July 2005. Retrieved 23 August 2010.
- "Victoria Constitution Act 1855" (PDF). Retrieved 5 May 2013.
- "Altering Victoria's Constitution". Fact Sheet D3: Altering Victoria's Constitution. Parliament of Victoria. October 2010. Retrieved 5 March 2011.
- "Victoria Constitution Act 1855". An Act to enable Her Majesty to assent to a Bill, as amended, of the Legislature of Victoria, to establish a Constitution in and for the Colony of Victoria. Parliament of the United Kingdom. 1855. Archived from the original on 12 March 2011. Retrieved 5 March 2011.
- "Victoria's Parliamentary History". Fact Sheet I1: Victoria's Parliamentary History. Parliament of Victoria. December 2010. Retrieved 5 March 2011.
- "The Legislative Council's History". Information Sheet 7. Parliament of Victoria. Retrieved February 26, 2011.
- "Elections". Fact Sheet G3: Elections. Parliament of Victoria. Retrieved 26 February 2011.
- "Commonwealth of Australia Constitution Act 1900". An Act to Constitute the Commonwealth of Australia 1900 (63 & 64 Vic. C.12). UK: Parliament House Canberra. 1975. Retrieved 26 February 2011.[permanent dead link]
- "Interactive Timeline". Interactive Timeline. Parliament of Victoria. Retrieved 19 March 2011.
- "Money Conversion". Retrieved 2 April 2011.
- "Salary of Office—states and territories Table". Parliamentary allowances, salaries of office and entitlements. Parliament of Australia. Retrieved 6 March 2011.
- "Parliamentary Salaries and Superannuation Act 1968 (Amend. 2007)" (PDF). An Act relating to Parliamentary Salaries and Allowances and Parliamentary Superannuation and for other purposes. Parliament of Victoria. 1968. Retrieved 6 March 2011.
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