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State Upper Houses in Australia NSW PARLIAMENTARY LIBRARY RESEARCH SERVICE State Upper Houses in Australia by Gareth Griffith and Sharath Srinivasan Background Paper No 1/2001 RELATED PUBLICATIONS C The Legislative Council of New South Wales: Past, Present and Future by B Page, NSW Parliamentary Library Background Paper No 1/1990 C Electing the New South Wales Legislative Council 1978 to 1995: Past Results and Future Prospects by A Green, NSW Parliamentary Library Background Paper No 2/1995 C NSW Legislative Council Elections 1995 by A Green, NSW Parliamentary Library Background Paper No 2/1996 C Egan v Chadwick and Other Recent Developments in the Powers of Elected Upper Houses by G Griffith, NSW Parliamentary Library Briefing Paper No 15/1999 C NSW Legislative Council Elections 1999 by A Green, NSW Parliamentary Library Background Paper No 2/2000 ISSN 1325-5142 ISBN 0 7313 1690 8 April 2001 8 2001 Except to the extent of the uses permitted under the Copyright Act 1968, no part of this document may be reproduced or transmitted in any form or by any means including information storage and retrieval systems, with the prior written consent from the Librarian, New South Wales Parliamentary Library, other than by Members of the New South Wales Parliament in the course of their official duties. NSW PARLIAMENTARY LIBRARY RESEARCH SERVICE Dr David Clune, Manager....................................................... (02) 9230 2484 Dr Gareth Griffith, Senior Research Officer, Politics and Government / Law .............................................. (02) 9230 2356 Ms Rachel Simpson, Research Officer, Law.......................... (02) 9230 3085 Mr Stewart Smith, Research Officer, Environment................ (02) 9230 2798 Mr John Wilkinson, Research Officer, Economics ................ (02) 9230 2006 Should Members or their staff require further information about this publication please contact the author. Information about Research Publications can be found on the Internet at: http://www.parliament.nsw.gov.au/WEB_FEED/PHWebContent.nsf/PHP ages/LibraryPublications 1 INTRODUCTION.............................................................................................1 1.1 The contemporary debate...................................................................1 1.2 The Australian Senate – leading by example?..................................2 1.3 Terminology and scope.......................................................................6 2 THE THEORY OF BICAMERALISM AND RESPONSIBLE GOVERNMENT - QUESTIONS AND ISSUES ............................................8 2.1 Bicameral legislatures – where?.........................................................8 2.2 Why not unicameralism?....................................................................8 2.3 Second chambers – contested institutions.......................................10 2.4 Bicameralism – why? ........................................................................11 2.5 Bicameralism – the class/representation model..............................12 2.6 Bicameralism – the federal/representation model..........................13 2.7 Bicameralism – the democratic-political representation model ...14 2.8 Bicameralism – the review model ....................................................14 2.9 Review functions – revising, delaying, scrutinising........................15 2.10 Upper houses and responsible government ....................................16 2.11 Powers and method of composition – strong bicameralism ..........19 2.12 Application to State Upper Houses in Australia ............................22 3 STATE UPPER HOUSES IN AUSTRALIA – SOUTH AUSTRALIA, TASMANIA, VICTORIA AND WESTERN Australia ................................24 3.1 The Legislative Council of South Australia....................................24 3.1.1 Overview...............................................................................24 3.1.2 History of the South Australian Legislative Council............24 3.1.3 Recent History of Reform Initiatives for the South Australian Legislative Council ...................................31 3.1.4 Powers, Deadlock Machinery, Committees and Performance ..........................................................................33 3.2 The Legislative Council of Tasmania ..............................................38 3.2.1 Overview...............................................................................38 3.2.2 History of the Tasmanian Legislative Council .....................39 3.2.3 Recent History of Reform Initiatives for the Tasmanian Legislative Council.............................................41 3.2.4 Powers, Deadlock Machinery, Committees and Performance ..........................................................................44 3.3 The Legislative Council of Victoria.................................................51 3.3.1 Overview...............................................................................51 3.3.2 History of the Victorian Legislative Council........................52 3.3.3 Recent History of Reform Initiatives for the Victorian Legislative Council ...............................................58 3.3.4 Powers, Deadlock Machinery, Committees and Performance ..........................................................................61 3.4 The Legislative Council of Western Australia................................69 3.4.1 Overview...............................................................................69 3.4.2 History of the Western Australian Legislative Council........71 3.4.3 Recent History of Reform Initiatives for the Western Australian Legislative Council ...............................73 3.4.4 Powers, Deadlock Machinery, Committees and Performance ..........................................................................77 4 The Legislative Council of New South Wales ...............................................81 4.1 Overview ............................................................................................81 4.2 History of the New South Wales Legislative Council ....................82 4.3 Recent History – The New South Wales Legislative Council since 1988 ...........................................................................................95 4.4 Comparative overview of the composition and structure of the New South Wales Legislative Council.............................................96 4.5 Powers, Deadlock Machinery, Committees and Performance....100 5 CONCLUSIONS............................................................................................120 APPENDIX A Table 1 Composition of the New South Wales Legislative Council since 1978 Table 2 Bills brought before the New South Wales Legislative Council between 1988 and 1999 (49th to 51st Parliament) Table 3 Amendments of Bills in the New South Wales Legislative Council between 1988 and February 1999 (49th to 51st Parliament) Table 4 Amendments of Bills in the New South Wales Council between May 1999 and December 2000 (52nd Parliament) Table 5 Major Party Primary Vote for Both Houses, 1978-1999 State Upper Houses in Australia ACKNOWLEDGMENTS We would like to acknowledge the help we received from many people in writing this paper. John Evans, Clerk of the Parliaments, and Professor Ken Turner read the entire manuscript and provided invaluable insights of a stylistic and substantive nature. Thanks for advice on sources and related matters, or for reading various sections of the manuscript, are also owing to: Ian Allnut, Deputy Clerk, Legislative Council of Western Australia Trevor Blowes, Deputy Clerk, South Australian Legislative Council David Blunt, Director of the General Purpose Standing Committees, NSW Legislative Council Warren Cahill, Clerk Assistant-Committees and Usher of the Black Rod, NSW Legislative Council Professor Dean Jaensch, Department of Politics, Flinders University of South Australia Laurie Marquet, Clerk of the Legislative Council of Western Australia Terry Newman, Tasmanian Parliamentary Library Jenni Newton-Farrelly, South Australian Parliamentary Library Bruce Stone, Senior Lecturer in the Department of Political Science, the University of Western Australia Matthew Tricarico, Deputy Clerk, Victorian Legislative Council Malvyne Jong Wah, Procedure Office, NSW Legislative Council John Waugh, Senior Lecturer in the Faculty of Law, the University of Melbourne. We have drawn upon the detailed knowledge of parliamentary history of our colleagues in the NSW Parliamentary Library, David Clune and Greig Tillotson. As ever, responsibility for any errors remains with the authors. State Upper Houses in Australia 1 1. INTRODUCTION 1.1 The contemporary debate Upper Houses, in Australia and elsewhere, have recently become the focus of renewed political and academic attention. In NSW, a senior member of the Carr Government, Hon Michael Egan MLC, has campaigned for the abolition of the upper house or, failing that, for its ‘substantial’ reform.1 Moreover, responding to concerns arising from the Council periodic election held in March 1999, in order to prevent the manipulation of preference flows by political parties the voting system for Council elections and the requirements for registration of political parties have been reformed.2 In fact no government has had a majority in the NSW Legislative Council since 1988 and there are now 13 cross-bench members in a chamber with a total membership of 42, a situation with important implications for the Council as an effective house of review. Two major decisions, both arising from the prevailing balance of power in
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