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62-648: Opposition (8) Crossbench (5) The Legislative Council , or upper house, is one of the two chambers of the Parliament of South Australia . Its central purpose is to act as a house of review for legislation passed through the lower house, the House of Assembly . It sits in Parliament House in the state capital, Adelaide . The upper house has 22 members elected for eight-year terms by proportional representation , with 11 members facing re-election every four years . It

124-655: A 12 year term. The council had its purpose in replicating the British House of Lords as a restricted "house of review" in a colonial context. When the Province of South Australia received its original constitution in 1857, it was the most democratic in the British Empire , combining a universal-suffrage lower house (the House of Assembly ), with a restricted-suffrage upper house (the Legislative Council). The purpose of

186-536: A Bill proposing a change passing all readings, approval by a majority of members in both houses of parliament prior to being assented to by the Governor. It also specifies those sections of the South Australian Constitution that must not only pass a majority vote in both Houses but must then be put to the people of South Australia at a referendum . The first Act to set out the South Australian Constitution

248-466: A Labor government was eventually elected in 1965 and began introducing social legislation that was anathema to LCL councillors, they would delay, obstruct and modify such bills. The councillors, however, saw their actions (in the words of MLC Sir Arthur Rymill ) necessary to "oppose... radical moves that I feel would not be in the permanent will of the people." The House of Assembly contained some progressive Liberals, and its membership would usually abide by

310-552: A colony called the 'Province of South Australia' and to provide for a government for the province. The new colony would consist of a Governor to make laws and Colonisation Commissioners, the later being responsible for the sale of land to free settlers. However it was not until the 19th of February 1836, by letters-patent, that the King officially exercised that power. Empowered by the King, the First Fleet of South Australia that had arrived in

372-657: A constitutional guarantee of the continuity of local government. This part was the result of an amendment in 2003. This part deals with the Executive Government of the state. Which include the appointment of the Premier and their ministers, as well as Parliamentary Secretaries. This part also deals with the Governor, the Executive Council and the appointment of the Lieutenant-Governor. The Governor may also appoint

434-477: A deputy, a deputy to the Lieutenant Governor or an administrator to act in absence of the Governor. The role and function of the Governor as well as the Executive Council are further detailed by the letters-patent issued by Queen Elizabeth in 1986. Section 68 also deals with the appointment of public servants This part is short and contains three sections, that deal with the tenure and removal of judges of

496-958: A majority and carry votes on the floor. elected 2018: David Ridgway Stephen Wade Terry Stephens Jing Lee elected 2018: Emily Bourke Justin Hanson Irene Pnevmatikos Clare Scriven elected 2018: Connie Bonaros Frank Pangallo elected 2018: Tammy Franks elected 2014: Rob Lucas Michelle Lensink    Nicola Centofanti ^ ^ Appointed to replace resigning Andrew McLachlan in 2020      Dennis Hood ^ ^ defected from AC / FFP after 2018 election   elected 2014: Russell Wortley Ian Hunter Tung Ngo Kyam Maher elected 2014: Robert Simms ^ ^ Appointed to replace resigning Mark Parnell in 2021   elected 2014: John Darley elected 2014:    John Dawkins ^ ^ expelled from

558-543: A more standard British model of government, with a Governor advised by a Legislative Council. The 1842 Act gave the British Government, which was responsible for appointing a Governor and at least seven other officers to the Legislative Council, full control of South Australia as a Crown Colony , after financial mismanagement by the first administration had nearly bankrupted the colony. This new Legislative Council

620-511: A police station. In 1913 the franchise extended to the inhabitant occupier of a house (but not their spouse) and the council expanded to 20 people, four from each of five districts, with the Central district being replaced by Central District No. 1 and Central District No. 2 . " Contingency voting ", a form of preferential voting , was introduced from 1930. The council's numbers varied over time. From inception to 1882, it had 18 members elected by

682-467: A referendum of the majority of the people in the state. An amendment in 1990 proposed by the Labor Government of Premier John Bannon , altered this part as to require a redrawing of the electoral boundaries before every election. As such a move required approval of the people of the state, South Australia held its first (and to date only) State Constitutional referendum in 1991, since the enactment of

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744-416: A single colony-wide district. From then until 1902 it had 24 members; until 1915, 18 members; and until 1975, 20 members. .The electoral districts were drawn with a heavy bias in favour of rural areas in place, with half of the council being elected each time. From 1915 to 1975, Labor did not gain more than two members at each election, with the conservative parties always holding a sizeable majority. From 1975,

806-620: A unique and irreplaceable contribution to the State; and (c) acknowledges that the Aboriginal peoples have endured past injustice and dispossession of their traditional lands and waters. The Constitution is divided into six parts This part is relatively short and deals with the Constitution's long title, as well includes an amendment that recognises Aboriginal Australians as the First Nations of

868-420: A wife to her husband); to a registered proprietor of a leasehold on which there were improvements to the value of at least 50 pounds and which were the property of the proprietor. At the same time, the franchise was also extended to ministers of religion, school head teachers, postmasters, railway stationmasters, and the officer in charge of a police station. A further extension of the franchise came in 1913, when

930-583: Is elected in a similar manner to its federal counterpart, the Australian Senate . Casual vacancies —where a member resigns or dies—are filled by a joint sitting of both houses, who then elect a replacement. In 2024, Professor of Law at the University of Adelaide Law School Dr Joanna Howe was banned from upper house galleries and related areas by the President of the Legislative Council. Multiple Members of

992-459: Is now known as "Old Parliament House". The council was originally appointed by the Governor (then Sir George Grey ), and only served in an advisory capacity, as the Governor retained almost all legislative powers. It was expanded slightly in 1843, when several prominent landowners were allowed to join. In the same year, proceedings were opened to the general public. Public demand for some form of representative government had been growing throughout

1054-549: The 2018 election , the 11 of 22 seats up for election were 4 Liberal , 4 Labor , 1 Green , 1 Conservative and 1 Dignity . The final outcome was 4 Liberal, 4 Labor, 2 SA Best and 1 Green. Conservative MLC Dennis Hood , who had been elected as a Family First MLC in 2014, defected to the Liberals nine days after the 2018 state election. John Dawkins was expelled from the Liberal Party in 2020 after successfully running against

1116-757: The Liberal Party in 2020   The two Conservative MPs were elected as members of the Family First Party , which merged into the Australian Conservatives in April 2017. One ex-Independent/ Nick Xenophon Team MP was created a new state political party named Advance SA in September 2017. As part of the transitional arrangements associated with the expansion of the Council from 20 members to 22 members,

1178-724: The Supreme Court of South Australia . The role, powers, structure and function of the Supreme Court is further detailed by the Supreme Court Act 1935. This part deals with the Electoral Districts Boundaries Commission , which is an independent non-partisan body responsible for redrawing the boundaries of the 47 single member districts of the House of Assembly. This section was introduced in an amendment in 1975 by

1240-510: The 1840s, and this was reflected in a series of reforms in 1851, which created a partially representative Legislative Council. After the changes, it consisted of 24 members, four official (filling what would be today ministerial positions) and four non-official members, both nominated by the governor on behalf of the Crown, and 16 elected members. The right to vote for these positions was not universal, however, being limited to propertied men. In addition,

1302-555: The 1975 election. (*) In December 2023, Frank Pangallo left the SA-Best party. At the 2022 election , the eleven seats up for election (the other eleven members had continuing terms) had been held by four Liberal , four Labor , and one each of Greens , Advance SA and an independent. The result elected five Labor, four Liberal, and one each of Greens and One Nation . Consequently the new Labor government would require an additional three non-government votes to pass legislation. However,

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1364-565: The Commonwealth Constitution or federal acts of the new Commonwealth Parliament , as per section 109. The Constitution of 1856 continued to be in force until it was repealed and replaced by a new State Constitution in 1934. The Constitution Act 1934 ( long title "An Act to provide for the Constitution of the State; and for other purposes" ) repealed a number of older acts, including the 1856 Act and several Constitution Amendment Acts. It has since been amended on many occasions, with

1426-684: The Council in this period had 21 members. Senate House of Rep. Council Opposition (Australia) The current Opposition at a federal level is the centre-right Liberal Party / National Party Coalition , led by Peter Dutton . The opposition parties and leaders in the Australian states and territories are: Leanne Castley (Lib) Mark Speakman (Lib) Selena Uibo (ALP) Steven Miles (ALP) Vincent Tarzia (Lib) Dean Winter (ALP) John Pesutto (Lib) Shane Love (Nat) Constitution of South Australia The principles of

1488-767: The Imperial Parliament passed the South Australia Act 1842 , which further reformed the structure of government in South Australia. The act repealed the South Australian Colonisation Act of 1834 and 1838, and empowered the Queen-in-Council to establish a Legislative Council to make laws for the province. The council was to consist of the Governor and seven other members (three appointed and four chosen by certain colonists). In addition to this,

1550-410: The Imperial Parliament. The Governor was appointed Resident Commissioner and the power of the other Commissioners were redefined. Additional powers were also conferred upon three or more appointed residents of the province that would act in conjunction with the Governor to pass new laws. This body can be considered South Australia's first legislature and a precursor to the Legislative Council. In 1842,

1612-461: The Legislative Council alleged that Dr Howe engaged in "threatening and intimidating " behaviour during a 2nd reading defeat of the 'Termination of Pregnancy (Terminations and Live Births) Amendment Bill 2024'. Dr Howe admitted she pressured several Members to renege on pairing arrangements. At the founding of the Province of South Australia under the South Australia Act 1834 , governance of

1674-584: The Legislative Council was, as with the 19th century House of Lords, to safeguard the "longer term interests of the nation rather than just reacting to short term ephemeral issues of the day". In 1882, the Legislative Council was increased to 24 members by the a special election brought on by the Constitution Act Further Amendment Act 1881 , and the Province was then divided into four districts which each elected six members: Central , North-Eastern , Northern and Southern districts. At

1736-813: The Liberal upper house President was unexpectedly re-elected to the Presidency, which would give the Labor government nine of 21 seats during votes on the floor, meaning that only an additional two non-government votes are required to pass legislation. elected 2018: Emily Bourke Justin Hanson Irene Pnevmatikos Clare Scriven elected 2018: David Ridgway Ben Hood ^ ^ Appointed to replace retiring Stephen Wade in 2023   Terry Stephens Jing Lee elected 2018: Connie Bonaros Frank Pangallo ^ ^ Resigned from SA Best on 1 Dec 2023   elected 2018: Tammy Franks At

1798-429: The State's first peoples and nations; and (b) recognises Aboriginal peoples as traditional owners and occupants of land and waters in South Australia and that— (i) their spiritual, social, cultural and economic practices come from their traditional lands and waters; and (ii) they maintain their cultural and heritage beliefs, languages and laws which are of ongoing importance; and (iii) they have made and continue to make

1860-669: The act also abolished the Colonisation Commissioners. In 1850, the Imperial Parliament passed the Australian Constitutions Act 1850 , to separate the District of Port Phillip from the Colony of New South Wales and create the Colony of Victoria . This act also had implications for the governments of the other existing colonies as well, by amending the structures of their governments. South Australia's Legislative Council

1922-540: The balance of power. The Liberal Movement , in 1975, was the first minor party to have members elected to the council, and its successor, the Australian Democrats , held the balance until 1997 when No Pokies Nick Xenophon was elected. The Family First Party and the Greens gained representation in 2002 and 2006 respectively. The proportional system used in 1973 was party-list proportional representation , but this

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1984-416: The council was increased to 22 members, with half (11) to be elected at each election. The conservative members in the council were very independent, and differed markedly from their counterparts in the House of Assembly. During the long reign of Liberal and Country League (LCL) Premier Sir Thomas Playford , they would prove to be an irritant, and Labor support was sometimes required for bills to pass. When

2046-513: The council's rural bias as well as all restrictions on suffrage (other than the age of majority , though this was lowered from 21 to 18 years). Initially rejected by the council, the reform created a single statewide electorate of 22 members, with 11 being elected each time. It eventually passed with bipartisan support. The new council was designed to be deadlocked, and for a party majority to be hard to gain. Its proportional electoral system proved favourable to minor parties and they have usually held

2108-456: The council. Following the similar Senate changes which took effect from the 2016 federal election , as of the 2018 state election , South Australia's single transferable vote in the proportionally represented upper house was changed from group voting tickets to optional preferential voting − instructions for above the line votes are to mark '1' and then further preferences are optional as opposed to preference flows from simply '1' above

2170-536: The current Constitution of South Australia , also known as the South Australian Constitution , which includes the rules and procedures for the government of the State of South Australia , are set out in the Constitution Act 1934 . Its long title is "An Act to provide for the Constitution of the State; and for other purposes". The Act provides for certain sections to be altered by the process of

2232-656: The enactment of the Commonwealth Constitution on 1 January 1901, the Province of South Australia was transformed into a state of the Commonwealth. Sections 106, 107 and 108 of the Commonwealth Constitution preserved the application of the Colonial Constitution of 1856, which became a State constitution along with all the laws of the Parliament that previously existed (so far as they were not inconsistent with

2294-427: The government of former Premier Don Dunstan , to ensure fair and competitive elections for the Parliament. This undid the gerrymandering of Australia's longest serving Premier Thomas Playford , which kept his Liberal and Country League Government in power for almost 32 years. Section 88 of this part provides that specific amendments that would alter the Constitution's democratic protections in this part would require

2356-608: The imposition of rates, duties, and taxes. This council was sometimes referred to as the "Legislative Council". Confusion and dispute about the division of power between the two roles led to the South Australia Government Act 1838 , which combined the role of Resident Commissioner with that of the Governor. In 1842, the South Australia Act 1842 was passed in order to replace the South Australian Colonisation Commission appointed in 1834 with

2418-627: The latest amendment as of March 2022 having been published on 4 November 2021. In March 2013 an amendment was introduced to include a statement of recognition of Aboriginal Australians , via the Constitution (Recognition of Aboriginal Peoples) Amendment Act 2013 . Wording was included in Part 1 includes: (2) Following the Apology given on 28 May 1997, the Parliament, on behalf of the people of South Australia — acknowledges and respects Aboriginal peoples as

2480-437: The line being determined by group voting tickets, while instructions for voters who instead opt to vote below the line are to provide at least 12 preferences as opposed to having to number all candidates, and with a savings provision to admit ballot papers which indicate at least 6 below the line preferences. Below is the history of the composition of the Legislative Council since the introduction of Proportional Representation at

2542-417: The new House of Assembly. While all adult males could vote in the new Assembly, the Council continued to limit voting rights to the wealthier classes; suffrage was male-only and dependent on certain property and wage requirements. The entire province was a single electorate for the Legislative Council, electing 18 members, with the scheme originally set up so that 6 members would be elected every 4 years to serve

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2604-792: The new colony was divided between the Governor of South Australia and a Resident Commissioner , who reported to a new body known as the South Australian Colonization Commission . Under this arrangement, there was also a governing Council comprising the Governor, the Judge or Chief Justice , the Colonial Secretary , the Advocate-General and the Resident Commissioner, with broad legislative and executive powers including

2666-404: The party line. The council contained none, and its members rebelled regularly against the decisions of the party leadership and the popular will of the people. Even after electoral legislation had been implemented in 1967 by Steele Hall that produced a fairer electoral system for the House of Assembly, the council remained a house of property. Under the original 1856 Constitution, the franchise

2728-435: The party's nominee for Legislative Council President. This was against the party's rules. The 22 seat upper house composition is therefore 8 Liberal on the government benches, 8 Labor on the opposition benches, and 5 to minor parties and 1 independent on the crossbench , consisting of 2 SA Best, 2 Green, 1 Advance SA and John Dawkins. The government would therefore require at least four additional non-government members to form

2790-519: The powers of the Legislative Council, would require a referendum of the majority of the people in the state. Other notable sections include: Section 44, which prevents judges from being members of Parliament; Section 47, which prevents being a members of South Australian parliament and the Commonwealth Parliament simultaneously, Sections 48 and 48A, which guarantees the right of women to vote and be members of Parliament. This part provides for

2852-477: The qualification of an occupier of a dwelling house was altered to include any inhabitant occupier, whether owner or tenant. In 1918, the right to vote for members of the upper house was extended to all those who had served in armed forced in the First World War. This was subsequently extended to Second World War veterans in 1940 and in 1969, it was simplified to apply to all Australian war veterans regardless of

2914-499: The reforms meant that the Governor no longer oversaw proceedings, with the role being filled by a Speaker who had been elected by the members. In 1856, the Legislative Council passed the Constitution Act 1856 (SA), which prepared what was to become the 1857 Constitution of South Australia . This laid out the means for true self-government, and created a bicameral system , which involved delegating most of its legislative powers to

2976-638: The same time, the electoral schedule was shifted so that half of the Council was elected at each House of Assembly election. Women earned the right to vote in the Council at the same time as the Assembly, in 1895 , the first Parliament in Australia to do so, under the radical Premier Charles Kingston . In 1902, following the Federation of Australia , the Constitution Act Amendment Act 1901 reduced

3038-401: The size of the legislative council from 24 back to 18 members - 6 from Central District and four each from Northern, North-Eastern and Southern districts. North-Eastern District was replaced by Midland District from the 1910 election, and the restricted franchise was extended to include ministers of religion, school head teachers, postmasters, railway stationmasters, and the officer in charge of

3100-410: The state as a whole for eight year terms. The terms of legislative councillors are staggered, meaning that only half of the council goes up for election every 4 years (11 out of 22). Section 23 provides that the members of the Legislative Council shall elect a President, to preside over the chamber. The House of Assembly is made up of 47 members elected from individual electoral districts situated around

3162-536: The state. Every member of the House serves fixed four year terms. Section 34 provides for the election of a speaker by members of the House, to preside over the business of the Chamber. In 2021 an amendment was introduced to require that the Speaker either be an independent or vacate their party affiliation. Several sections in this part provide that any amendment that would abolish of either chamber of Parliament, or would alter

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3224-487: The state. This was introduced in 2013, but section 2(3) of the amendment specifies that this recognition be of no legal force or effect. This part deals with the structure, functions and powers of the South Australian Parliament. It is composed of two chambers, the Legislative Council (the upper chamber), and the House of Assembly (the lower chamber). The Legislative Council is composed of 22 members elected by

3286-405: The territory, under the leadership of the new Governor John Hindmarsh , officially proclaimed the new Province of South Australia at Glenelg on 28 December 1836. The anniversary of this event is now a public holiday and is known as Proclamation Day . In 1838, the division of powers between the Governor and the Colonisation Commissioners was found to be unworkable and the 1834 Act was amended by

3348-434: The time of voting, or containing a clause authorising the lessee to become the purchaser of the land thereby demised, or occupy a dwelling house of the clear annual value of Twenty-five Pounds sterling money." In 1907, the right to vote was extended to any person occupying a dwelling house, or "dwelling house and premises appurtenant thereto", with an annual rent of at least 17 pounds per annum (excluding any payment of rent by

3410-418: The war they served in. In 1969, the franchise was granted to any person who owned or rented property, regardless of the value of the property. Further, the franchise was extended to the wedded spouse of the owner or renter. Major changes came in 1973 under Don Dunstan . Dunstan, a social reformist, tired of the council's obstructionist attitude, and put forward bills for its reform. These changes would remove

3472-464: Was elected on a broad male franchise. The adoption of the "one man, one vote" principle removed the ability of voters to vote in any electorate in which they owned property. The Act also defined the rules of tenure for the parliamentarians. The Act was amended by the Constitutional Amendment (Adult Suffrage) Act 1894 to give women the right to both vote and stand for parliament. With

3534-609: Was expanded to not more than 24 members, a third to be appointed by the Queen and the remainder to be elected. The Act also gave the power to the respective colonial legislatures to enact their own colonial constitutions. Empowered by the Australian Constitutions Act, the South Australian Legislative Council enacted its first proper Constitution in 1856, titled the 'South Australian Constitution Act'. It

3596-467: Was modified in 1985. The federal government of Bob Hawke had introduced a new single transferable vote system for the Australian Senate , enabling voters to choose between voting 'above the line' (for a single party preference ticket that ranked all candidates on the ballot paper in the party's preferred order) or 'below the line' and number all candidates in order of preference, on the ballot paper. The Bannon state government copied this arrangement for

3658-514: Was restricted to men, "having a freehold estate in possession, either legal or equitable, situate within the said Province, of the clear value of Fifty Pounds sterling money above all charges and encumbrances affecting the same, or having a leasehold estate in possession, situate within the said Province, the lease thereof having been registered in the General Registry Office, for the registration of deeds, and having three years to run at

3720-598: Was the Constitution Act 1856 , which was the first Constitution in the Australian colonies to provide universal manhood suffrage . South Australia's Constitutional structure has undergone numerous changes since its settlement by Europeans in the 19th century. In 1834 the Imperial Parliament passed the South Australian Colonisation Act 1834 , which authorised the King-in-Council to establish

3782-455: Was the first Constitution in the Australian colonies to provide manhood suffrage , that is, all male residents of the colony over 21 years of age could vote in elections. This Act provided for a bicameral Parliament with full authority to enact laws, apart from a few Acts requiring Royal Assent. The Legislative Council was elected by property owners only, while the 37-member House of Assembly

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3844-438: Was the first true parliamentary body in South Australia. The Act also made provision for a commission to initiate the establishment of democratic government, electoral districts, requirements for voting rights, and terms of office. Although the old governing Council advising the Governor met at Government House , this new Legislative Council met at a new purpose built chamber on North Terrace. This chamber eventually grew into what

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