Parliament of Victoria
Encyclopedia
The Parliament of Victoria is the bicameral legislature
Legislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...

 of the Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...

n state of Victoria
Victoria (Australia)
Victoria is the second most populous state in Australia. Geographically the smallest mainland state, Victoria is bordered by New South Wales, South Australia, and Tasmania on Boundary Islet to the north, west and south respectively....

. It follows a Westminster-derived
Westminster System
The Westminster system is a democratic parliamentary system of government modelled after the politics of the United Kingdom. This term comes from the Palace of Westminster, the seat of the Parliament of the United Kingdom....

 parliament
Parliament
A parliament is a legislature, especially in those countries whose system of government is based on the Westminster system modeled after that of the United Kingdom. The name is derived from the French , the action of parler : a parlement is a discussion. The term came to mean a meeting at which...

ary system and consists of The Queen
Monarchy in Australia
The Monarchy of Australia is a form of government in which a hereditary monarch is the sovereign of Australia. The monarchy is a constitutional one modelled on the Westminster style of parliamentary government, incorporating features unique to the Constitution of Australia.The present monarch is...

, represented by the Governor of Victoria; the Legislative Council
Victorian Legislative Council
The Victorian Legislative Council, is the upper of the two houses of the Parliament of Victoria, Australia; the lower house being the Legislative Assembly. Both houses sit in Parliament House in Spring Street, Melbourne. The Legislative Council serves as a house of review, in a similar fashion to...

 (upper house); and the Legislative Assembly
Victorian Legislative Assembly
The Victorian Legislative Assembly is the lower house of the Parliament of Victoria in Australia. Together with the Victorian Legislative Council, the upper house, it sits in Parliament House in the state capital, Melbourne.-History:...

 (lower house). The Parliament meets at Parliament House
Parliament House, Melbourne
Parliament House in Melbourne, located at Spring Street in East Melbourne at the edge of the Melbourne city centre, has been the seat of the Parliament of Victoria, Australia, since 1855 .- History :In 1851, even before the colony of Victoria acquired full parliamentary self-government, Governor...

 in the state capital Melbourne
Melbourne
Melbourne is the capital and most populous city in the state of Victoria, and the second most populous city in Australia. The Melbourne City Centre is the hub of the greater metropolitan area and the Census statistical division—of which "Melbourne" is the common name. As of June 2009, the greater...

.

The two Houses of Parliament have 128 Members in total, 88 in the lower house and 40 in the upper house. Victoria has compulsory voting
Compulsory voting
Compulsory voting is a system in which electors are obliged to vote in elections or attend a polling place on voting day. If an eligible voter does not attend a polling place, he or she may be subject to punitive measures such as fines, community service, or perhaps imprisonment if fines are unpaid...

 and uses preferential ballot
Instant-runoff voting
Instant-runoff voting , also known as preferential voting, the alternative vote and ranked choice voting, is a voting system used to elect one winner. Voters rank candidates in order of preference, and their ballots are counted as one vote for their first choice candidate. If a candidate secures a...

 in single-member seats for the lower house, and single transferable vote
Single transferable vote
The single transferable vote is a voting system designed to achieve proportional representation through preferential voting. Under STV, an elector's vote is initially allocated to his or her most preferred candidate, and then, after candidates have been either elected or eliminated, any surplus or...

 in multi-member seats for the proportionally represented
Proportional representation
Proportional representation is a concept in voting systems used to elect an assembly or council. PR means that the number of seats won by a party or group of candidates is proportionate to the number of votes received. For example, under a PR voting system if 30% of voters support a particular...

 upper house. Government is formed in the lower house while the upper is a house of review. All members serve four-year terms.

The incumbent
Incumbent
The incumbent, in politics, is the existing holder of a political office. This term is usually used in reference to elections, in which races can often be defined as being between an incumbent and non-incumbent. For example, in the 2004 United States presidential election, George W...

 Baillieu
Ted Baillieu
Edward Norman "Ted" Baillieu MLA is an Australian politician. He is currently the Premier of Victoria and the member for the Legislative Assembly seat of Hawthorn...

 Liberal
Liberal Party of Australia
The Liberal Party of Australia is an Australian political party.Founded a year after the 1943 federal election to replace the United Australia Party, the centre-right Liberal Party typically competes with the centre-left Australian Labor Party for political office...

/National
National Party of Australia
The National Party of Australia is an Australian political party.Traditionally representing graziers, farmers and rural voters generally, it began as the The Country Party, but adopted the name The National Country Party in 1975, changed to The National Party of Australia in 1982. The party is...

 Coalition
Coalition (Australia)
The Coalition in Australian politics refers to a group of centre-right parties that has existed in the form of a coalition agreement since 1922...

 government, elected at the 2010 election
Victorian state election, 2010
The 2010 Victorian state election was held on 27 November. The incumbent centre-left Australian Labor Party government, led by John Brumby, was defeated by the centre-right Liberal/National Coalition opposition, led by Ted Baillieu....

, has a current one-seat majority in both houses.

History

Prior to 1851 the area of Australia now known as Victoria was part of the colony
Colony
In politics and history, a colony is a territory under the immediate political control of a state. For colonies in antiquity, city-states would often found their own colonies. Some colonies were historically countries, while others were territories without definite statehood from their inception....

 of New South Wales
New South Wales
New South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. New South Wales...

 and was administered by the Government of New South Wales
Government of New South Wales
The form of the Government of New South Wales is prescribed in its Constitution, which dates from 1856, although it has been amended many times since then...

 in Sydney
Sydney
Sydney is the most populous city in Australia and the state capital of New South Wales. Sydney is located on Australia's south-east coast of the Tasman Sea. As of June 2010, the greater metropolitan area had an approximate population of 4.6 million people...

. On 5 August 1850 the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...

 passed the Australian Constitutions Act 1850 which made provision for the separation of Victoria from New South Wales. Enabling legislation was passed by the Government of New South Wales and Victoria was formally created a separate colony of the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...

 on 1 July 1851.

The Australian Constitutions Act provided for the colony to be administered by a Lieutenant-Governor and a Legislative Council, two-thirds of which was to be elected and the remainder appointed by the Sovereign
Sovereign
A sovereign is the supreme lawmaking authority within its jurisdiction.Sovereign may also refer to:*Monarch, the sovereign of a monarchy*Sovereign Bank, banking institution in the United States*Sovereign...

, represented by the Lieutenant-Governor. The Lieutenant-Governor was subordinate in some matters to the Governor of New South Wales who was given the title Governor-General
Governor-General
A Governor-General, is a vice-regal person of a monarch in an independent realm or a major colonial circonscription. Depending on the political arrangement of the territory, a Governor General can be a governor of high rank, or a principal governor ranking above "ordinary" governors.- Current uses...

. The Legislative Council met for the first time in November 1851 at St Patrick's Hall, Melbourne.

The first Legislative Council served Victoria 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
    Secret ballot
    The secret ballot is a voting method in which a voter's choices in an election or a referendum are anonymous. The key aim is to ensure the voter records a sincere choice by forestalling attempts to influence the voter by intimidation or bribery. The system is one means of achieving the goal of...

    , an innovation unknown at the time but now common around the world; and
  • It ordered the construction of the Victorian Parliament House
    Parliament House, Melbourne
    Parliament House in Melbourne, located at Spring Street in East Melbourne at the edge of the Melbourne city centre, has been the seat of the Parliament of Victoria, Australia, since 1855 .- History :In 1851, even before the colony of Victoria acquired full parliamentary self-government, Governor...

     in Melbourne.


The Constitution of Victoria was approved by the Legislative Council in March 1854, it was sent to Britain for approval by the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...

 and it was granted Royal Assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...

 on 16 July 1855 and was proclaimed in Victoria on 23 November 1855. The Constitution established the Westminster-style system of responsible government that continues in Victoria today.

The election for the First Victorian Parliament was held during the spring of 1856, the first Victorian Members of Parliament met on 21 November 1856 in the recently completed parliament house and were sworn in, and on 25 November 1856 the First Victorian Parliament was officially opened by Acting-Governor Major-General Edward Macarthur
Edward Macarthur
Lieutenant-General Sir Edward Macarthur KCB was a lieutenant-general in the British Army, an administrator active in Australia and Commander-in-chief of Her Majesty's forces in Australia from 1855.-Early life:...

. The Legislative Council consisted of thirty members representing six Provinces, each province returning five Members. The Legislative Assembly consisted of sixty members representing thirty-seven multi and single-member electorates.

Parliament has sat at Parliament House, Melbourne
Parliament House, Melbourne
Parliament House in Melbourne, located at Spring Street in East Melbourne at the edge of the Melbourne city centre, has been the seat of the Parliament of Victoria, Australia, since 1855 .- History :In 1851, even before the colony of Victoria acquired full parliamentary self-government, Governor...

 since that time, with the exception of the period 1901–1927. During that time Parliament House was used by the Federal Parliament
Parliament of Australia
The Parliament of Australia, also known as the Commonwealth Parliament or Federal Parliament, is the legislative branch of the government of Australia. It is bicameral, largely modelled in the Westminster tradition, but with some influences from the United States Congress...

 and the Parliament of Victoria sat at the Royal Exhibition Building
Royal Exhibition Building
The Royal Exhibition Building is a World Heritage Site-listed building in Melbourne, Australia, completed in 1880. It is located at 9 Nicholson Street in the Carlton Gardens, flanked by Victoria, Nicholson, Carlton and Rathdowne Streets, at the north-eastern edge of the central business district...

.

Structure and Operation

The Parliament has the power to make laws for Victoria in any matter. This is subject only to limitations placed on it by the Constitution of Australia
Constitution of Australia
The Constitution of Australia is the supreme law under which the Australian Commonwealth Government operates. It consists of several documents. The most important is the Constitution of the Commonwealth of Australia...

which specifies which matters fall under the jurisdiction of the Commonwealth.

The Parliament of Victoria is a Bicameral Legislature meaning that it consists of two legislative chambers or houses, the Upper House or Legislative Council and the Lower House or Legislative Assembly. Each house has a number of committees which investigate proposed laws in detail before they are considered by the whole house. Some of the committee work is carried out by the Joint Committees which consist of members from all sides of politics and from both chambers. Like the Parliament the committees cease to exist when the Parliament is dissolved by the governor and need to be recreated after each general election, this means that often the names and jurisdiction of the committees is changed.

A proposed law or Bill can be introduced into either house, but in practice most are introduced into the Legislative Assembly, they must then be passed by both Houses before being presented to the Governor who will sign the Bill into law on behalf of the Queen.

Membership and Elections

Today the Houses of Parliament consist of forty Members of the Legislative Council
Members of the Victorian Legislative Council
The following are lists of members of the Victorian Legislative Council:* Members of the Victorian Legislative Council, 1851–1853...* Members of the Victorian Legislative Council, 1928–1931* Members of the Victorian Legislative Council, 1931–1934...

 representing eight large multi-member electorates known as regions
Electoral regions of Victoria
The Victorian Legislative Council is elected from 8 multi-member electorates called regions.- Current Regions :The system changed for the 2006 Victorian election, as a result of major reforms passed by the Labor government, led by Steve Bracks, in 2003. Under the new system members serve fixed...

 each of which returns five members; and eighty-eight Members of the Legislative Assembly
Members of the Victorian Legislative Assembly
The following are lists of members of the Victorian Legislative Assembly:* Members of the Victorian Legislative Assembly, 1856–1859* Members of the Victorian Legislative Assembly, 1859–1861* Members of the Victorian Legislative Assembly, 1861–1864...

 representing small single-member electorates known as districts
Electoral districts of Victoria
The Victorian Legislative Assembly, from the Australian State, is elected from 88 single-member electorates called districts.-Current districts:This is a list of districts .* Electoral district of Albert Park* Electoral district of Altona...

. Each electoral region contains eleven electoral districts.

All members of both houses are elected for fixed four year terms. General elections are held on the last Saturday in November every four years with the Parliament expiring on the Tuesday twenty-five days before the election.

Parliament can be dissolved, and a general election called, earlier by the Governor in two exceptional circumstances:
  • the Legislative Assembly passes a motion of no confidence
    Motion of no confidence
    A motion of no confidence is a parliamentary motion whose passing would demonstrate to the head of state that the elected parliament no longer has confidence in the appointed government.-Overview:Typically, when a parliament passes a vote of no...

     in the Government or its ministers, or
  • the Legislative Council and Legislative Assembly are deadlocked and cannot agree to pass a Bill
    Bill (proposed law)
    A bill is a proposed law under consideration by a legislature. A bill does not become law until it is passed by the legislature and, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an act or a statute....

    .


Anyone enrolled to vote in Victoria can stand for election as a candidate or either House, except for:
  • a judge of the Victorian Courts
    Supreme Court of Victoria
    The Supreme Court of Victoria is the superior court for the State of Victoria, Australia. It was founded in 1852, and is a superior court of common law and equity, with unlimited jurisdiction within the state...

    ,
  • a member of the Commonwealth Parliament
    Parliament of Australia
    The Parliament of Australia, also known as the Commonwealth Parliament or Federal Parliament, is the legislative branch of the government of Australia. It is bicameral, largely modelled in the Westminster tradition, but with some influences from the United States Congress...

    ,
  • an undischarged bankrupt, or
  • someone convicted of a serious criminal offence
    Indictable offence
    In many common law jurisdictions , an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing to determine whether there is a prima facie case to answer or by a grand jury...

    .


It is also not permitted to be a member of both houses nor a candidate for election to both houses of Parliament.

The last general election was held on 27 November 2010
Victorian state election, 2010
The 2010 Victorian state election was held on 27 November. The incumbent centre-left Australian Labor Party government, led by John Brumby, was defeated by the centre-right Liberal/National Coalition opposition, led by Ted Baillieu....

, the next general election is due on 29 November 2014
Victorian state election, 2014
The next Victorian state election is scheduled for 29 November 2014. The incumbent centre-right Liberal/National Coalition government, currently led by Premier Ted Baillieu, will be challenged by the centre-left Australian Labor Party opposition, currently led by Daniel Andrews.Victoria has...

.

Members of Parliament may be addressed by their name or by using their electorate, for example "The Member for Hawthorn" or "Member for Southern Metropolitan Region", and are entitled to the Post-nominals MLC if a Member of the Legislative Council, and MLA or MP if a Member of the Legislative Assembly. Ministers and former ministers are entitled to the style
Style (manner of address)
A style of office, or honorific, is a legal, official, or recognized title. A style, by tradition or law, precedes a reference to a person who holds a post or political office, and is sometimes used to refer to the office itself. An honorific can also be awarded to an individual in a personal...

 "The Honourable
The Honourable
The prefix The Honourable or The Honorable is a style used before the names of certain classes of persons. It is considered an honorific styling.-International diplomacy:...

" (Abbreviated to The Hon.) although some choose not to use it.

Leadership

The President of the Legislative Council
President of the Victorian Legislative Council
The President of the Victorian Legislative Council, also known as the Presiding Officer of the Council, is the presiding officer of the Victorian Legislative Council, the upper house of the Parliament of Victoria and equivalent to the President of the Australian Senate...

 is the presiding officer
Speaker (politics)
The term speaker is a title often given to the presiding officer of a deliberative assembly, especially a legislative body. The speaker's official role is to moderate debate, make rulings on procedure, announce the results of votes, and the like. The speaker decides who may speak and has the...

 of the Legislative Council. He or she is an elected member of the Parliament and is chosen by the members of the Legislative Council to chair their meetings and represent the council as a whole at official functions. The corresponding person in the Legislative Assembly in the Speaker of the Legislative Assembly
Speaker of the Victorian Legislative Assembly
The Speaker of the Victorian Legislative Assembly is the presiding officer of the Victorian Legislative Assembly, the lower house of the Parliament of Victoria....

. Both the President and the Speaker have important powers in controlling debate
Debate
Debate or debating is a method of interactive and representational argument. Debate is a broader form of argument than logical argument, which only examines consistency from axiom, and factual argument, which only examines what is or isn't the case or rhetoric which is a technique of persuasion...

 in their respective chambers, including the ability to punish members who step out of line or disobey their orders. The presiding officers also have powers to summon witnesses to the chamber to assist in the legislative role of Parliament.

The Government and Opposition appoint members as Managers of Government and Opposition Business in each house. These members are not within the control of the house in the same way that the President and Speaker are, they are appointed by the Premier and the Leader of the Opposition respectively.

Each party represented in each house appoint a member in each house as their Party Whip
Whip (politics)
A whip is an official in a political party whose primary purpose is to ensure party discipline in a legislature. Whips are a party's "enforcers", who typically offer inducements and threaten punishments for party members to ensure that they vote according to the official party policy...

.

Relationship with Government

The Governor of Victoria is the representative of the Monarch (Queen Elizabeth II
Elizabeth II of the United Kingdom
Elizabeth II is the constitutional monarch of 16 sovereign states known as the Commonwealth realms: the United Kingdom, Canada, Australia, New Zealand, Jamaica, Barbados, the Bahamas, Grenada, Papua New Guinea, the Solomon Islands, Tuvalu, Saint Lucia, Saint Vincent and the Grenadines, Belize,...

), as Head of State, in Victoria. Among the Governor's vice-regal duties are the opening of Parliament and the signing of Acts which are passed by the Victorian Parliament.

The leader of the political party
Political party
A political party is a political organization that typically seeks to influence government policy, usually by nominating their own candidates and trying to seat them in political office. Parties participate in electoral campaigns, educational outreach or protest actions...

 or coalition
Coalition
A coalition is a pact or treaty among individuals or groups, during which they cooperate in joint action, each in their own self-interest, joining forces together for a common cause. This alliance may be temporary or a matter of convenience. A coalition thus differs from a more formal covenant...

 with the most seats in the Legislative Assembly
Victorian Legislative Assembly
The Victorian Legislative Assembly is the lower house of the Parliament of Victoria in Australia. Together with the Victorian Legislative Council, the upper house, it sits in Parliament House in the state capital, Melbourne.-History:...

 is invited by the Governor of Victoria to form a government. The leader of that party is appointed Premier of Victoria and other senior members are appointed ministers
Minister (government)
A minister is a politician who holds significant public office in a national or regional government. Senior ministers are members of the cabinet....

 with various portfolio
Ministry (government department)
A ministry is a specialised organisation responsible for a sector of government public administration, sometimes led by a minister or a senior public servant, that can have responsibility for one or more departments, agencies, bureaus, commissions or other smaller executive, advisory, managerial or...

 responsibilities. The leader of the largest party in opposition becomes the Leader of the Opposition
Leader of the Opposition (Victoria)
The Leader of the Opposition in Victoria is the leader of the largest political party in parliament but not in government. He or she is always a member of the Legislative Assembly...



Since 2 December 2010 the Coalition
Coalition (Australia)
The Coalition in Australian politics refers to a group of centre-right parties that has existed in the form of a coalition agreement since 1922...

 has been in Government, led by the Premier and leader of the Liberal Party
Liberal Party of Australia
The Liberal Party of Australia is an Australian political party.Founded a year after the 1943 federal election to replace the United Australia Party, the centre-right Liberal Party typically competes with the centre-left Australian Labor Party for political office...

 in Victoria Ted Baillieu
Ted Baillieu
Edward Norman "Ted" Baillieu MLA is an Australian politician. He is currently the Premier of Victoria and the member for the Legislative Assembly seat of Hawthorn...

. The other party in the Coalition, the National Party of Australia
National Party of Australia
The National Party of Australia is an Australian political party.Traditionally representing graziers, farmers and rural voters generally, it began as the The Country Party, but adopted the name The National Country Party in 1975, changed to The National Party of Australia in 1982. The party is...

, is led by the Deputy Premier
Deputy Premier of Victoria
The Deputy Premier of Victoria is the second-most senior officer in the Government of Victoria. The Deputy Premiership has been a ministerial portfolio since , and the Deputy Premier is appointed by the Governor on the advice of the Premier....

 Peter Ryan
Peter Ryan (politician)
Peter Julian Ryan is an Australian politician and leader of the National Party in Victoria. He has represented the electoral district of Gippsland South since 1992, and has been the Deputy Premier of Victoria, Minister for Police as well as the Minister for Rural and Regional Development since 2...

. The Coalition defeated the previous Labor
Australian Labor Party
The Australian Labor Party is an Australian political party. It has been the governing party of the Commonwealth of Australia since the 2007 federal election. Julia Gillard is the party's federal parliamentary leader and Prime Minister of Australia...

 led Government at a general election on 27 November 2010. The current Leader of the Opposition
Leader of the Opposition (Victoria)
The Leader of the Opposition in Victoria is the leader of the largest political party in parliament but not in government. He or she is always a member of the Legislative Assembly...

 is Daniel Andrews
Daniel Andrews
Daniel Michael Andrews is an Australian politician. He is the current state Australian Labor Party leader and Leader of the Opposition in Victoria...

 who was elected as the leader of the Labor Party on 3 December 2010 after their election defeat, replacing former Premier John Brumby
John Brumby
John Mansfield Brumby , is an Australian Labor Party politician who was Premier of Victoria from 2007 to 2010. He became Premier after the resignation of Steve Bracks. He also served as the Minister for Veterans' Affairs and the Minister for Multicultural Affairs. He contested his first election...

. The Greens, who hold seats only in the Legislative Council, are led by Greg Barber
Greg Barber
Greg Barber is an Australian politician, and Greens member of the Victorian Legislative Council.-Early career:Barber obtained a Masters in Business Administration from the Melbourne Business School and was a successful investor....

.

Salary and Allowances

Prior to 1870 only Ministers and Office holders were provided with a Salary. This in effect meant that members had to be wealthy enough to support themselves before seeking election to Parliament. In 1870 the Victorian Parliament provided for the reimbursing of members in relation to their expenses in attending Parliament, in effect the first salary for Members of the Victorian Parliament. At first passed as temporary measure, it later became permanent. The Act provided for a payment of £300 p.a.to those who did not already receive a salary, this equates to approximately $39,000 in 2011 dollars.

Members of both the Legislative Assembly and Legislative Council are now paid a base salary of $130,907 per annum (as of 1 August 2010), office holders such as the President, Speaker, Ministers and Party leaders receive additional salary on top. The President and Speaker are paid a salary of $215,997 (165% of the base salary). All members receive a residential allowance, a traveling allowance, an electorate allowance and an electorate office allowance being paid in addition to their base salary, some senior office holders are also entitled to an expense allowance.

See also

  • Government of Victoria
    Government of Victoria
    The Government of Victoria, under the Constitution of Australia, ceded certain legislative and judicial powers to the Commonwealth, but retained complete independence in all other areas...

  • Parliaments of the Australian states and territories
    Parliaments of the Australian states and territories
    The Parliaments of the Australian states and territories are legislative bodies within the federal framework of the Commonwealth of Australia. Before the formation of the Commonwealth in 1901, the six Australian colonies were self-governing, with parliaments which had come into existence at various...

  • Official Openings by the Monarch in Australia
  • Parliament railway station

External links

The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
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