Tasmanian Legislative Council
Jim Wilkinson, Independent
Since 21 May 2013
Chair of Committees
Greg Hall, Independent
Since 10 May 2008
|Legislative Council Chamber,
Parliament House, Hobart,
The Tasmanian Legislative Council is the upper house of the Parliament of Tasmania in Australia. It is one of the two chambers of the Parliament, the other being the House of Assembly. Both houses sit in Parliament House in the state capital, Hobart. Members of the Legislative Council are often referred to as MLCs.
The Legislative Council has 15 members elected using preferential voting in 15 single-member electorates. Each electorate has approximately the same number of electors. A review of Legislative Council division boundaries is required every 9 years, the most recent was completed in 2017. Election of members in the Legislative Council are staggered. Elections alternate between three divisions in one year and in two divisions the next year. Elections take place on the first Saturday in May. The term of each MLC is six years.
The Tasmanian Legislative Council is a unique parliamentary chamber in Australian politics in that it is the only chamber in any state parliament that is majority non-partisan, with only 5 of 15 current MLCs being endorsed representatives of a political party. In the current ministry only one of the nine ministers sits in the Legislative Council.
The Council has the power to block supply and force a government to election but cannot itself be dissolved early, because there is nothing in the Tasmanian constitution to allow that. The constitution can only be altered by a vote in each house of parliament, so the Council's rights cannot be reduced, and it cannot be abolished, without its agreement.
The Tasmanian Legislative Council has never been controlled by a single political party, with voters in Tasmania tending to elect independents over candidates endorsed by political parties. The Labor Party endorses candidates in some Legislative Council elections, and is the most successful political party in the Council's history, having had a total of 19 members elected. The Liberal Party has maintained the view that the Legislative Council should not be a "party house", and has rarely endorsed candidates who have gone on to win a seat. However, the party has often tacitly backed independent conservatives, many of whom had previously been Liberal candidates or members at state or federal level.
A former Liberal member of the Council, Peter McKay, was first elected as an independent in 1976 but became a Liberal in 1991. Since 2009, the Liberal Party has endorsed candidates more frequently, but it has only ever had three endorsed members elected to the Legislative Council. At the 2009 Pembroke by-election, the endorsed Liberal candidate, Vanessa Goodwin, won the seat. The Tasmanian Greens endorse candidates in Legislative Council elections but have yet to win a seat.
Candidates for Legislative Council elections are required by law to restrict their expenditure to a specified limit ($10,000 in 2005; increasing by $500 per year). In addition, no other person or political party may spend money to promote a specific candidate. This requirement is almost a unique in Australia. Other than at elections for the Australian Capital Territory Legislative Assembly, no other jurisdiction imposes expenditure limits on candidates.
The New South Wales Act 1823, passed by the British Parliament, separated Van Diemen's Land from New South Wales, making it a penal colony under the British Crown and Privy Council. The Van Diemen's Land Legislative Council was created in 1825 as an advisory body to the Lieutenant-Governor of Van Diemen's Land. The Legislative Council consisted of six members chosen by the Lieutenant-Governor, who continued to report to the Governor of New South Wales. An Imperial Act in 1828 enabled its expansion to 15 members, with the Lieutenant-Governor as Presiding Officer.
The Council remained fully nominative until the Australian Colonies Government Act came into effect in Van Diemen's Land on 21 October 1851, when the Council was expanded to 24 members, with sixteen of them facing the voters and eight nominated by the Governor, who ceased to be a member. The first Speaker of the new Council was Sir Richard Dry. The franchise for these elections was extremely limited, with only men over 30 and who owned a certain amount of property having the vote. Former convicts, who made up a significant proportion of the colony's population, were not able to vote. The 1851 arrangements were a compromise struck by the Governor between the colonists' demands for representative government and the Colonial Office's wish to control the colony through the Governor.
On 24 October 1856, an Act was proclaimed permitting the introduction of a bicameral, representative Parliament with the creation of the Tasmanian House of Assembly, where the power of the executive government resided, and the abolition of nominee positions on the Council. The Speaker's position was renamed President. A distinctive feature of the Act is that it did not enable the Governor to dissolve the Legislative Council.
Like other democratic upper houses of that period, it was established using single-member electorates elected using the first-past-the-post system, with Hobart and Launceston being multi-member electorates. Voters would simply cross off the names of those whom they did not wish to vote for. Members were elected for a six-year term, and terms were staggered in such a way that two or three members' terms expired each year and elections were held in the first week of May. In the event of resignation or death of a member during their term, a by-election would be held to complete their term.
Reforms in 1907 saw the House of Assembly switch to using the Hare-Clark system, and introduced preferential voting to the Council. A redistribution in 1946 broke up Hobart and Launceton into single-member electorates.
Suffrage was gradually expanded from the late 19th century onwards, with the property franchise being first eased and then abolished; ex-convicts, ex-servicemen and then women being granted the vote; the age of majority being reduced; and finally, full adult suffrage in 1968. The first woman to sit on the Legislative Council was Margaret McIntyre in 1948; the first woman to chair the upper house was Phyllis Benjamin in 1956.
In the 1990s, various Tasmanian governments attempted to cut the size of parliament. Various reports proposed reducing the Tasmanian Legislative Council from 19 seats to 15. Others including the Morling Report proposed abolishing the Council and merging some of the electorates into the Tasmanian House of Assembly. However the council wouldn't agree to any of these proposals. During Tony Rundle's government the Legislative Council finally allowed passage of the Parliamentary Reform Bill 1998, reducing the number of seats in the chamber from 19 to 15, and redistributing all seats through an independent Distribution Tribunal, abolishing a previous rural bias which had led to unequal seats. However, the seats were not named after their geographic location, often using land district or county names unfamiliar to most residents, so considerable confusion for voters ensued in determining which seat they were located in.
The 15 single-member electoral divisions of the Tasmanian Legislative Council are:
A review of Legislative Council division boundaries is required every 9 years to maintain a population variation of less than 10% between the divisions. This ensures that each member of the Legislative Council represents approximately the same number of electors. Redistribution reviews also take into account the community interest of each division.
Current distribution of seats
The distribution of seats as of the 2017 Legislative Council elections are:
|Party||Seats held||Percentage||Seat distribution|
|Australian Labor Party||2||13.33%|
|Liberal Party of Australia||2||13.33%|
When the Legislative Council of Van Diemen's Land was created in 1825 it was a fully nominated body with the Lieutenant-Governor as Presiding Officer. Between 1850 and 1856 the Presiding Officer in the Legislative Council was known as the Speaker. Sir Richard Dry was the first elected to hold this position. As part of wider parliamentary changes the title was changed in 1856 to President.
- "Reform of Parliament". Parliament of Tasmania. Retrieved 2011-05-09.
- "2017-17 Legislative Council Electoral Boundaries Redistribution" (PDF). lcredistribution.tas.gov.au. Legislative Council Electoral Boundaries Redistribution Tribunal. Retrieved 15 August 2017.
- Legislative Council Electoral Boundaries Act 1995
- Bianca, Gurra (28 January 2017). "Tasmanian electoral boundaries to change for Legislative Council". abc.net.au. Australian Broadcasting Corporation. Retrieved 15 August 2017.
- "The Legislative Council of Tasmania". Retrieved 2013-05-21.
- MATT SMITH. "New president for Upper House". Retrieved 2013-05-13.