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South Australian Legislative Council

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South Australian Legislative Council
South Australian Legislative Council
Squiresy92 · CC BY-SA 4.0 · source
NameSouth Australian Legislative Council
LegislatureParliament of South Australia
House typeUpper house
BodyParliament of South Australia
Foundation1840
Leader1 typePresident
Members22
Meeting placeParliament House, Adelaide

South Australian Legislative Council

The Legislative Council is the upper chamber of the Parliament of South Australia, seated at Parliament House, Adelaide in Adelaide. Established in the colonial era under instruments such as the South Australia Act 1834 and later constitutional instruments including the South Australian Constitution Act 1856 and amendments through the Constitution Act 1934, the chamber has evolved alongside institutions like the Governor of South Australia, the Premier of South Australia, the House of Assembly of South Australia, and the South Australian Electoral Districts Boundaries Commission. The Council interacts with political parties such as the Australian Labor Party (South Australian Branch), the Liberal Party of Australia (South Australian Division), the National Party of Australia, the Greens South Australia, and minor parties including the Dignity for Disability, Advance SA, and historical groups like the United Australia Party.

History

The Council originated during colonial administration under figures like Governor John Hindmarsh and legislative instruments like the South Australian Colonization Commission. Early membership included appointees associated with entities such as the South Australian Company, settlers from Port Adelaide and Glenelg, and legal actors influenced by the Judicature Act 1868. The 1856 reforms led to a bicameral Parliament of South Australia mirroring models from the United Kingdom and the New South Wales Legislative Council. Influential reformers and politicians such as Henry Ayers, John Colton, Charles Kingston, and Sir Arthur Blyth shaped franchise and property qualifications debated alongside movements like the Chartists and colonial liberalism. Twentieth-century changes reflected pressures from events including the Great Depression, World Wars I and II, and leaders like Don Dunstan and Thomas Playford IV, culminating in electoral reform influenced by inquiries akin to the Commonwealth Electoral Act reforms and the adoption of proportional representation models analogous to the Single Transferable Vote used in other Australian chambers.

Composition and electoral system

The Council comprises 22 members elected statewide using a form of proportional representation derived from the Single Transferable Vote and the Group Voting Ticket reforms debated in parallel with practices in the Australian Senate and state equivalents such as the Victorian Legislative Council and Western Australian Legislative Council. Terms are linked to the South Australian state election cycle and the office of the Governor of South Australia for writs and dissolutions. Candidates often emerge from party lists maintained by entities like the Australian Labor Party (South Australian Branch), the Liberal Party of Australia (South Australian Division), Nick Xenophon Team-aligned groups, and independents with backgrounds in organizations such as the Australian Council of Trade Unions, the Law Society of South Australia, and civic associations in Adelaide Hills and Mount Gambier. Electoral disputes have referenced precedents from the High Court of Australia and the Court of Disputed Returns and involved scrutiny by the Electoral Commissioner of South Australia.

Powers and functions

The Council exercises legislative review, amendment, and delay functions consistent with upper houses like the Australian Senate and the House of Lords. It scrutinises bills originating in the House of Assembly of South Australia, interrogates executive actions by ministers including the Attorney-General of South Australia and the Treasurer of South Australia, and participates in appropriation scrutiny similar to practices in the Commonwealth Parliament of Australia. The chamber can initiate non-money bills and review legislation affecting institutions such as the Supreme Court of South Australia, the Independent Commissioner Against Corruption, and statutory authorities like SA Water and Transport Services Ministerial portfolios. Oversight roles have been exercised through estimates and reporting processes resembling those of the Commonwealth estimates hearings.

Parliamentary procedures and committees

Procedural arrangements draw on standing orders comparable to those in the Senate of Australia and the House of Representatives of South Australia. The President of the Council, deputy presiding officers, and clerks manage sittings, quorum, and question time with inputs from the Parliamentary Budget Office model and practice from jurisdictions such as Tasmania and Queensland. Committee systems include select committees, joint committees with the House of Assembly of South Australia, and continuing committees overseeing areas like public accounts, privileges, and legislation review—analogous to committees in the United Kingdom House of Commons and the Canadian Senate. Prominent committees have examined matters involving the Adelaide Oval redevelopment, the Metropolitan Adelaide Transport Policy, and inquiries into public sector agencies like SA Health and Department for Education, South Australia.

Political dynamics and notable members

Political balance in the Council has produced periods of crossbench influence by figures associated with parties and movements such as the Nick Xenophon Team, the Australian Democrats, the Family First Party, and independents from constituencies like Gawler and Whyalla. Notable members include reformers and leaders such as Don Dunstan (later Premier), Dean Brown (Premier), Lindsay Tanner-aligned federal figures who interacted with state politics, and long-serving parliamentarians akin to Franklin J. Knoll-style elders. Debates in the chamber have engaged civil society actors including the Law Council of Australia, the Australian Conservation Foundation, trade unions like the Construction, Forestry, Maritime, Mining and Energy Union, business groups such as the Chamber of Commerce and Industry of South Australia, and cultural institutions including the Art Gallery of South Australia. Shifts in party strategy and coalition dynamics have mirrored federal patterns involving the Liberal-National coalition and progressive alliances with the Greens South Australia.

Category:Parliament of South Australia