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ACT Legislative Assembly

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ACT Legislative Assembly
NameACT Legislative Assembly
LegislatureLegislative Assembly
House typeUnicameral
Established1989
Leader1 typeSpeaker
Leader1Suzanne Orr
Party1Australian Labor Party
Members25
Voting systemHare-Clark proportional representation
Last election2020
Meeting placeLegislative Assembly Building, Canberra

ACT Legislative Assembly is the unicameral legislature of the Australian Capital Territory created under the Australian Capital Territory (Self-Government) Act 1988 to exercise territorial representation for residents of Canberra, Belconnen, Tuggeranong, Gungahlin, and Woden Valley. It was first elected in 1989 following negotiations between the Australian Government, the Parliament of Australia, and local civic groups such as the ACT Residents Rally and influenced by constitutional debates involving the High Court of Australia and the Commonwealth of Australia. The Assembly operates within the framework of federal relations shaped by precedents like the Northern Territory Legislative Assembly arrangements and interacts with institutions including the Australian Capital Territory Police and the ACT Supreme Court.

History

The creation of the Assembly followed campaigns by community organisations such as the Canberra Community News movement and political parties including the Australian Labor Party (Australian Capital Territory Branch) and the Liberal Party of Australia (Australian Capital Territory Division), after inquiries by the Department of the Capital Territory and reports influenced by figures from the Enfield Inquiry and the Byron Report. Early elections featured crossbench activity from groups like the Residents Rally and independents who had links to the Green Party of Australia (ACT) and national activists associated with the Environmental Movement in Australia. Major historical milestones include the transition to self-government under the Australian Capital Territory (Self-Government) Act 1988, the 1995 formation of the ACT Greens influence, and legal challenges referencing decisions of the High Court of Australia and statute interpretation by the Federal Court of Australia.

Structure and composition

The Assembly is unicameral, comprising 25 members representing multi-member electorates based on boundaries recommended by the ACT Electoral Commission and validated through redistribution processes akin to those conducted by the Australian Electoral Commission. Leadership posts include the Chief Minister of the Australian Capital Territory, the Speaker of the Legislative Assembly, the Leader of the Opposition (Australia), and committee chairs similar in function to chairs in the Joint Standing Committee on the National Capital and External Territories. Offices are staffed by public servants from the ACT Public Service, and the legislative staff liaise with agencies such as the Treasury of the Australian Capital Territory and the Australian National University for policy research.

Electoral system

Members are elected under the Hare-Clark electoral system, a version of single transferable vote used also in Tasmania and influenced by reforms debated in the Commonwealth Electoral Act. Electorates—Brindabella (ACT electorate), Kurrajong (ACT electorate), Murrumbidgee (ACT electorate), Ginninderra (ACT electorate), and Yerrabi (ACT electorate)—return multiple members. Ballot procedures are administered by the ACT Electoral Commission with scrutiny akin to recounts in the Australian Electoral Commission processes; prominent electoral events include the 1995 and 2001 redistributions and court matters comparable to cases in the High Court of Australia.

Powers and functions

The Assembly exercises legislative powers devolved under the Australian Capital Territory (Self-Government) Act 1988 and makes laws on subjects like planning where it intersects with the National Capital Authority and environmental regulation involving the Environment Protection and Biodiversity Conservation Act 1999 at the federal interface. It approves budgets prepared by the Treasury of the Australian Capital Territory, scrutinises executive action through committees modeled on parliamentary committees such as the House of Representatives Standing Committees, and appoints officers including the Auditor-General of the Australian Capital Territory and members of tribunals comparable to the Administrative Appeals Tribunal.

Legislative procedures

Bills are introduced by the Chief Minister of the Australian Capital Territory, ministers from the Australian Labor Party (Australian Capital Territory Branch), or private members including those from the ACT Greens, and are examined in standing and select committees patterned after those in the Parliament of Australia. Procedures include first, second and third readings, committee inquiry stages similar to inquiries by the Senate committees, and possible judicial review by the ACT Supreme Court or appeal to the High Court of Australia on constitutional questions. Legislative drafting is conducted by counsel akin to the Office of Parliamentary Counsel (Commonwealth) and subject to scrutiny by the ACT Law Reform Advisory Council and external stakeholders such as the Law Society of the Australian Capital Territory.

Members and parties

The Assembly’s party representation has included the Australian Labor Party (Australian Capital Territory Branch), the Liberal Party of Australia (Australian Capital Territory Division), the ACT Greens, and independents who have sometimes been former members of the Country Liberal Party or community groups like the Residents Rally. Notable members over time have had links to national figures in the Australian Labor Party, leadership contests reminiscent of federal contests in the Australian Labor Party leadership spills, and collaborations with federal MPs from electorates such as Canberra (Australian Capital Territory electorate) and Fenner (Australian Capital Territory electorate).

Building and precinct

The Assembly sits in the Legislative Assembly Building in Civic, Australian Capital Territory, part of the Parliamentary Triangle that includes the Parliament House and cultural institutions like the National Gallery of Australia and the National Library of Australia. The precinct is subject to planning controls enforced by the National Capital Authority and has been the focus of works by architects connected to projects like the Canberra Civic Square redevelopment and conservation activities involving the Australian Heritage Council.

Criticisms and controversies

Criticisms have involved debates over the scope of self-government in matters contested with the Federal Government of Australia, disputes over land and planning decisions involving the National Capital Authority, party funding controversies recalling inquiries like those into the Australian Labor Party at federal level, and high-profile legal disputes that engaged the High Court of Australia and public inquiries similar to royal commissions. Allegations of branch-stacking, ministerial misconduct, and conflicts between local policy priorities and federal statutory constraints have prompted reviews by bodies such as the ACT Integrity Commission and lobbying scrutiny involving organisations like the Property Council of Australia.

Category:Parliaments of Australia