South Australian Legislative Council

South Australian Legislative Council
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Name	South Australian Legislative Council
Legislature	Parliament of South Australia
House type	Upper house
Body	Parliament of South Australia
Leader1 type	President
Leader1	Clare Scriven
Party1	Labor
Election1	3 May 2022
Leader2 type	Government Leader
Leader2	Kyam Maher
Party2	Labor
Election2	24 March 2022
Leader3 type	Opposition Leader
Leader3	Nicola Centofanti
Party3	Liberal
Election3	21 April 2022
Members	22
Political groups1	Government (9), Labor (9), Opposition (8), Liberal (8), Crossbench (5), Greens (2), Pauline Hanson's One Nation (1), Family First (1), Independent (1)
Voting system1	Single transferable vote
Last election1	19 March 2022
Meeting place	Legislative Council Chamber, Parliament House, Adelaide, South Australia, Australia

South Australian Legislative Council. It is the upper house of the Parliament of South Australia, a bicameral legislature established under the Constitution Act 1934. First convened in 1843, it is among the oldest continuous legislative bodies in Australia, predating the imperial Parliament's grant of responsible government. The council serves as a house of review, scrutinizing legislation from the House of Assembly and representing the state as a whole through a proportional electoral system.

History

The council was created in 1843 under the Letters Patent issued by Queen Victoria, seven years after the colony's founding. Initially, its members were appointed by the Governor of South Australia, serving a conservative role against the partially elected House of Assembly. Following the Australian Colonies Government Act 1850, a new constitution was drafted, leading to the establishment of a fully elected legislature under the Constitution Act 1856. This act, which introduced responsible government, made the council an elective body, though with a restrictive property franchise. Throughout the late 19th and early 20th centuries, it was a bastion of conservative interests, frequently clashing with reformist premiers like Charles Kingston over issues such as women's suffrage and tariff policy. Its composition and powers were significantly altered by the Playmander electoral malapportionment in the 1930s and subsequent reforms.

Composition and electoral system

The council comprises 22 members, with 11 facing election every four years at the state general election, resulting in staggered eight-year terms. Since 1975, elections have used a state-wide single transferable vote system, a form of proportional representation. This method, conducted as a single constituency covering all of South Australia, allows for the election of candidates from smaller parties and independents, contrasting with the majoritarian preferential system used for the House of Assembly. Vacancies arising between elections are filled through a joint sitting of both houses of parliament, typically appointing a member of the same political party.

Powers and functions

As an upper house, its primary role is the review and amendment of legislation initiated in the House of Assembly. It shares nearly equal legislative power with the lower house, except that it cannot originate money bills or amend them to increase a charge on the Consolidated Fund; it can only request the Assembly make such amendments. The council also possesses important investigative powers through its standing committees, such as the Legislative Review Committee and the Budget and Finance Committee. It plays a crucial role in scrutinizing delegated legislation and holds the power to block supply, a power exercised during the constitutional crisis of 1975.

Current membership

Following the 2022 South Australian state election, the party composition in the chamber is Australian Labor Party (9), Liberal Party (8), Greens (2), Pauline Hanson's One Nation (1), the Family First Party (1), and one Independent. The President is Clare Scriven of the Labor Party, while the Government Leader is Kyam Maher. The Opposition Leader is Nicola Centofanti of the Liberal Party. This distribution requires the government to negotiate with crossbenchers to pass legislation opposed by the official opposition.

Historical significance and reform

The council has been central to many political reforms in South Australia, often acting as a conservative brake, as seen in its initial opposition to women's suffrage later pioneered in 1894. Major structural reforms included the abolition of property qualifications for voters in 1973 and the introduction of proportional representation in 1975, which diminished the longstanding dominance of the Liberal and Country League. Debate over its role and structure continues, with proposals ranging from abolition—as occurred with the Queensland Legislative Council in 1922—to further democratization. Its enduring existence underscores its institutional role in providing checks and balances within the Westminster system in Australia.

Category:Parliament of South Australia Category:1843 establishments in Australia