Victorian Legislative Council

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Legislative Council
59th Parliament
Coat of arms or logo
Type
Type
History
Founded1851; 171 years ago (1851)
Leadership
Nazih Elasmar, Labor
since 18 June 2020
Deputy President
Wendy Lovell, Liberal
since 19 December 2018
Leader of the Government
Jaclyn Symes, Labor
since March 2020
Deputy Leader of the Government
Gayle Tierney, Labor
since September 2020
Government Whip
Nina Taylor, Labor
since October 2020
Structure
Seats40
2020.10.13 Victorian Legislative Council - Composition of Members.svg
Political groups
Government (16)
  Labor (16)

Opposition (10)
  Liberal (9)
  National (1)

Crossbench (13)
  Justice (2)
  Liberal Democratic (2)
  Animal Justice (1)
  Greens (1)
  Reason (1)
  Shooters, Fishers, Farmers (1)
  Sustainable Australia (1)
  Transport Matters (1)
  Independent (4)[a]
Length of term
4 years
Elections
Single transferable vote with group voting tickets
Last election
24 November 2018
Next election
26 November 2022
Meeting place
Victorian Legislative Council.png
Legislative Council Chamber,
Parliament House, Melbourne,
Victoria, Australia
Website
Vic Legislative Council

The Victorian Legislative Council (VLC) is the upper house of the bicameral Parliament of Victoria, Australia, the lower house being the Legislative Assembly. Both houses sit at Parliament House in Spring Street, Melbourne. The Legislative Council serves as a house of review, in a similar fashion to its federal counterpart, the Australian Senate. Although, it is possible for legislation to be first introduced in the Council, most bills receive their first hearing in the Legislative Assembly.

The presiding officer of the chamber is the President of the Legislative Council. The Council presently comprises 40 members serving four-year terms from eight electoral regions each with five members. With each region electing 5 members using the single transferable vote, the quota in each region for election, after distribution of preferences, is 16.7% (one-sixth). Ballot papers for elections for the Legislative Council have above and below the line voting. Voting above the line requires only a '1' being placed in one box, and group voting tickets voting has applied since 1988.[1] Semi-optional voting is available if a voter votes below the line.

History[edit]

First Legislative Council[edit]

VLC electoral districts, 1851–1854

The separate colony of Victoria was proclaimed on 1 July 1851 and writs for the election of the first Legislative Council were issued at the same time for the 20 elected members.[2] The Legislative Council initially consisted of 30 members, 10 of whom were nominated by the Lieutenant-Governor and 20 were elected from 16 "electoral districts", with Melbourne electing three members, and Geelong and the county of Bourke electing two members each.[3] The electors were male British subjects over the age of 21 years, who owned freehold valued at £100 or a householder paying rent of £10 per year,[3] both very large sums at the time. Members of the Legislative Council were unpaid, further restricting participation of those without independent means. It took some time before the Legislative Council was elected and ready to sit.[4] The Legislative Council met for the first time in November 1851 at St Patrick's Hall, which had been built in 1847 in Bourke Street, Melbourne.[5] The Legislative Council sat there until the opening of the Parliament House in 1856. James Frederick Palmer was the presiding officer of the Council, then called speaker.

The Legislative Council was expanded in 1853 to 18 nominees and 36 elected members.[6] A further expansion of the Council occurred in 1855, when 8 new members were elected from five new electorates, with one new nominee.[7] [8]

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 Constitution of Victoria, which provides the framework for the system of government in Victoria;
  • it introduced the secret ballot. The Victorian Electoral Act 1856 introduced secret ballots on 19 March 1856,[9] an innovation at the time but now common around the world; and
  • it ordered the construction of the Victorian Parliament House in Melbourne.

The new constitution was approved by the Legislative Council in March 1854 and was sent to Britain where it was passed by the United Kingdom Parliament as the Victoria Constitution Act 1855, received Royal Assent on 16 July 1855 and was proclaimed in Victoria on 23 November 1855.[10][11] The Constitution established a Westminster-style system of responsible government that continues in Victoria today.[12]

Second Legislative Council[edit]

VLC electoral provinces, 1856–1882

The new Constitution came into effect in 1856. It created a bicameral Parliament of Victoria, with the Legislative Assembly being the lower house and the Council being the upper house. The Council consisted of 30 members, with five members being elected from each of the six provinces.[13] The Parliament of Victoria first met on 21 November 1856 at the almost completed main sections of Parliament House. James Frederick Palmer was elected first President of the Council.

The Legislative Council was later elected from a varying number of provinces. In 1882, several new provinces were created while Central and Eastern were abolished.[14] In 1904, more provinces were created[15] and two members (MLCs) represented each province. The terms for members were two Assembly terms, and one member was elected in rotation at each election, by majority-preferential (AV) vote. Until 1950, the Legislative Council was elected on a restricted property-based franchise and always had a conservative majority.

Until 1958, elections for the Legislative Council were not held in conjunction with those for the Legislative Assembly, but starting at the 1961 election they have been held at the same time. Prior to the 2006 election, the Legislative Council consisted of 44 members elected for two terms of the Legislative Assembly from 22 two-member provinces. Half the members were elected at each election on a rotation basis. This old system tended to favour the Liberal Party and the National Party (often in Coalition) over the Labor Party and other parties;[16][17] as the Liberal party's support was more evenly spread across the state, compared to Labor's wasted votes in already safe provinces.[18] This resulted in many instances of a Labor government being faced with an opposition-controlled Council – a rare occurrence elsewhere in Australia.

2003 reforms[edit]

The current eight regions of the Legislative Council.

The electoral system used to elect members of the Legislative Council changed for the 2006 Victorian election, as a result of major reforms passed by the Labor government, led by Steve Bracks, in 2003.[19] Under the new system the State is divided into eight electoral regions, each of which returns five members. These Legislative Council members serve terms linked to the Legislative Assembly, which has fixed four-year terms unless earlier dissolved in exceptional circumstances.

Each electoral region covers 11 contiguous Legislative Assembly electoral districts and has 420,000 electors.

Five regions are metropolitan (Melbourne and environs) (Eastern Metropolitan, Northern Metropolitan, South Eastern Metropolitan, Southern Metropolitan, and Western Metropolitan) and three are non-urban regions (Eastern Victoria, Northern Victoria and Western Victoria).

Since 2006, Legislative Council members have been elected using the single transferable vote system of proportional representation. Each region elects five members. The quota for a seat in each region is 16.7% (one-sixth), approximately 70,000.

Small parties never receive this amount on the First Count in Victoria's Legislative Council elections but through the vote transfers that are part of STV, some candidates of small parties do receive vote transfers from other small-party candidates and pass quota that way. STV thus results in an increase in the number of minor parties represented in the Legislative Council as compared to the Instant-runoff voting system. Under Instant-runoff voting, in 2002 for example, the traditional big three - Labour, Liberal and National - took all the seats - Greens with 314,000 voters overall did not take one seat. In 2006 the Greens took almost exactly the same number of votes that it had in 2002 and this time won three seats, just slightly less than its 10 percent of the vote should have given it proportionally. The Democratic Labour Party also won a seat, the first one it had won in 50 years. STV was such that the success for those two parties was achieved while at the same time Labour, Liberal and National parties each still took a number of seats.

At the same time, the Council's ability to block supply was removed.

Composition[edit]

Since the 2006 Victorian state election, the Legislative Council has had 40 members serving four-year terms, elected from eight electoral regions, each returning five members.

Prior to the 2006 election, the Legislative Council consisted of 44 members elected for two terms of the Legislative Assembly from 22 two-member provinces. Half the members were elected at each election on a rotation basis. The number of members was increased to 44 from 36 in 1976 and from 34 in 1967.

Property qualifications for voting in the Legislative Council were abolished for the 1952 Legislative Council election, increasing the number of eligible voters from 0.5 million in 1949 to 1.4 million in 1952, and resulting in a large increase in the number of Labor MLCs. However, Labor achieved a majority in the Council only at the 1985 and the 2002 elections.


Current distribution of seats[edit]

Region 1st MLC 2nd MLC 3rd MLC 4th MLC 5th MLC
Northern Metropolitan Sheena Watt
Labor
Nazih Elasmar
Labor
Samantha Ratnam
Greens
Craig Ondarchie
Liberal
Fiona Patten
Reason
Southern Metropolitan David Davis
Liberal
Enver Erdogan
Labor
Georgie Crozier
Liberal
Nina Taylor
Labor
Clifford Hayes
Sustainable
Eastern Metropolitan Shaun Leane
Labor
Matthew Bach
Liberal
Sonja Terpstra
Labor
Bruce Atkinson
Liberal
Rod Barton
Transport Matters
South-Eastern Metropolitan Lee Tarlamis
Labor
Adem Somyurek
Independent[1]
Tien Kieu
Labor
David Limbrick
Liberal Democrats
Gordon Rich-Phillips
Liberal
Western Metropolitan Cesar Melhem
Labor
Ingrid Stitt
Labor
Bernie Finn
Democratic Labour[2]
Kaushaliya Vaghela
Independent[3]
Catherine Cumming
Independent[4]
Northern Victoria Mark Gepp
Labor
Wendy Lovell
Liberal
Tim Quilty
Liberal Democrats
Tania Maxwell
Justice
Jaclyn Symes
Labor
Eastern Victoria Catherine Burnett-Wake
Liberal
vacant
Labor[5]
Melina Bath
Nationals
Harriet Shing
Labor
Jeff Bourman
SFF
Western Victoria Jaala Pulford
Labor
Bev McArthur
Liberal
Gayle Tierney
Labor
Stuart Grimley
Justice
Andy Meddick
Animal Justice
Party Seats
2018 2022
Labor 18 16
Liberal-National coalition 11 10
Liberal 10 9
National 1 1
Derryn Hinch's Justice Party 3 2
Liberal Democrats 2 2
Animal Justice 1 1
Greens 1 1
Democratic Labour 0 1
Shooters, Fishers and Farmers 1 1
Reason 1 1
Sustainable Australia 1 1
Transport Matters 1 1
Independents 0 3
Total 40 40
1 Adem Somyurek was originally elected as a member of the Labor Party, but resigned in June 2020 amidst allegations of branch stacking and other misconduct.
2 Bernie Finn was originally elected as a member of the Liberal Party, but was expelled in May 2022 for "a series of inflammatory social media posts". Finn joined the Democratic Labor Party shortly afterwards.
3 Kaushaliya Vaghela was originally elected as a member of the Labor Party, but resigned in March 2022 over claims of bullying against her by other members of the party.
4 Catherine Cumming was originally elected as a member of Derryn Hinch's Justice Party, but resigned from party shortly after the 2018 election upon losing the party's post-election leadership ballot.
5 This seat is currently vacant due to the death of Jane Garrett in June 2022. The vacancy will be filled by a member of the Labor Party.

See also[edit]

Notes[edit]

References[edit]

  1. ^ http://www.austlii.edu.au/au/legis/vic/bill/crb1988520.pdf[bare URL PDF]
  2. ^ "Anniversary of the Week". The Argus (Melbourne, Vic. : 1848 – 1956). Melbourne, Vic.: National Library of Australia. 4 July 1930. p. 2 Supplement: Saturday Camera Supplement. Retrieved 26 January 2012.
  3. ^ a b "Victorian Electoral Act" (PDF). New South Wales Government. 1851. Retrieved 30 July 2014.
  4. ^ A City Lost and Found
  5. ^ Australian Dictionary of Biography: Jackson, Samuel (1807–1876)
  6. ^ Sweetman, p.108
  7. ^ Sweetman, p.110
  8. ^ "An Act to further alter "The Victoria Electoral Act of 1851" and to increase the Number of Members of the Legislative Council of Victoria" (PDF). 1855. Retrieved 5 June 2013.
  9. ^ Payment of Members Act 1870 (Vic)
  10. ^ "Victoria Constitution Act 1855" (PDF). Retrieved 5 May 2013.
  11. ^ "Altering Victoria's Constitution". Fact Sheet D3: Altering Victoria's Constitution. Parliament of Victoria. October 2010. Retrieved 5 March 2011.
  12. ^ "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.
  13. ^ Edward Sweetman (1920). Constitutional Development of Victoria, 1851-6. Whitcombe & Tombs Limited. p. 183. Retrieved 5 June 2013.
  14. ^ Victoria Parliamentary Debates (Hansard), Session 1882 (PDF). Vol. 41. Melb.: John Ferres. 1883. p. 2670.
  15. ^ Victoria Parliamentary Debates (Hansard), Session 1904 (PDF). Vol. 107. Melb.: R. S. Brain. 1905.
  16. ^ "Victoria's unexpected minority". Inside Story. 3 September 2010. Retrieved 16 November 2020. [...] before the 2002 election the Labor Party had enjoyed a majority in the Legislative Council for a grand total of three months (in 1985),
  17. ^ "Will Bracks live to regret this reform?". The Age. 15 July 2005. Retrieved 16 November 2020. Through the 1980s, Labor actually managed to win a few state elections on the trot - but still without control of the upper house, except in 1985 when bizarre circumstances conspired to give a bare majority to Labor for a few short weeks, before normal service was resumed.
  18. ^ Rodan, Paul. "Not quite as expected: Victorian Labor and the Legislative Council 2010" (PDF). Australasian Study of Parliament Group. Autumn/Winter 2012 Vol 27.1. While earlier malapportionment had given way to a version of ‘one-vote-one value’ (with a ten per cent tolerance), the distinctive population distribution of metropolitan Melbourne continued to disadvantage the ALP as it stored up majorities in safe western and northern metropolitan provinces while losing to the Liberals where it mattered most. [...] the Liberals, due to the geographical dispersal of party support in the Melbourne metropolitan area, could secure upper house majorities even when they polled far fewer votes than the ALP, as in the period of the John Cain (junior) government, elected in 1982.
  19. ^ Constitution (Parliamentary Reform) Act 2003

Further reading[edit]

  • Strangio, Paul (1976). "Labor and reform of the Victorian Legislative Council, 1950-2003". Labour History. 86 (86): 33–52. JSTOR 27515966.
  • Griffith, Gareth; Srinivasan, Sharath (2001). State Upper Houses in Australia (PDF). New South Wales Parliamentary Library Service.

External links[edit]