Parliament of Victoria

Parliament has sat at Parliament House, Melbourne since 1856, with the exception of the period 1901–1927, when Parliament House was used by the Federal Parliament and the Parliament of Victoria sat at the Royal Exhibition Building.[5] The building has undergone significant renovations since its initial construction as it has been expanded, repaired and restored over time. The first major works were conducted in the 1930s, using a 50,000 pound sterling contribution from the Australian federal government paid in gratitude for the use of the building.[6] Further construction was undertaken throughout the 1970s to make "temporary" offices for members of Parliament, although these were not modernised until further works began in 2015. Sections of the structure's outer walls have gradually been replaced over time.[7]

Prior to 1851 the area of Australia now known as Victoria was part of the colony of New South Wales and was administered by the Government of New South Wales in Sydney. On 5 August 1850, the Parliament of the United Kingdom passed the Australian Colonies Government Act which made provision for the separation of Victoria from New South Wales.[8] Enabling legislation was passed by the Parliament of New South Wales, and Victoria was formally created a separate colony of the United Kingdom on 1 July 1851.[9]

The Australian Colonies Government Act provided for the colony to be administered by a Lieutenant-Governor and a Legislative Council of 51 members, 21 of which were to be elected and the remainder appointed 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. The Legislative Council met for the first time in November 1851 at St Patrick's Hall, Melbourne. The first Legislative Council existed for five years and was responsible for at least three significant and enduring contributions to the parliamentary system of Victoria: drafting the first Constitution of Victoria, ensuring a secret ballot within elections (a novelty within the British Empire at the time[9]), and ordering the construction of Victorian Parliament House in Melbourne.[10]

The Victorian Constitution was approved by the Legislative Council in March 1854, was sent to Britain where it was passed by the United Kingdom Parliament as the Victoria Constitution Act 1855, was granted Royal Assent on 16 July 1855 and was proclaimed in Victoria on 23 November 1855.[11][12] The constitution established the Westminster-style system of responsible government that continues in Victoria today.[11] It further stipulated several preconditions on voting that have since been rescinded such as restricting voting to only men of at least 21 years of age who met minimum wealth standards. Rural districts were also very over-represented in order to favour large landowners.[13]

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.[14] The Legislative Council consisted of thirty members representing six Provinces, each province returning five Members.[9] The Legislative Assembly consisted of sixty members representing thirty-seven multi and single-member electorates.[15]

Although the White Australia policy denied the vote to Indigenous Australians in some states, Victoria did not directly legislate voting based on race. Therefore, Indigenous Victorian men were entitled to vote from 1857, provided they met the other requirements.[16] Furthermore, Indigenous Victorians who enrolled to vote in Victoria were allowed to vote in federal elections from 1901.[17]

Voting was initially restricted based on gender, though. Victoria was the last state within Australia to intentionally recognise female voters.[3] The Electoral Act 1863 granted the vote to all rate payers, which included some women at the time. Therefore women were legally allowed to, and indeed did, vote in the election of 1864. The act was clarified in 1865 to exclude women.[18] Agitation for allowing women to vote began in earnest in 1891, with presentation of an immense petition containing over 30,000 signatures was presented to the parliament.[19] This petition was proudly used as a promotional tool for the federation of Australia. The newly federated nation allowed women to vote in elections, as well as stand for office, since 1902. Yet Victoria did not expand its suffrage to include women until 1908, nor allow women to stand for office until 1924.[19] The first woman was not elected into the Victorian Parliament until 1933.[20]

Political parties began to increase in size and influence throughout the 1890s,[21] leading to further agitation for changes to the vote. This also led to voting within each chamber becoming more predictable, as strong party discipline began to form among party members, mostly aligned to three broad ideals: the labour movement, liberal movement and rural interests. Victoria's two-party system took hold, usually as a contest between the Labor Party and a coalition formed by the Country Party (now known as the Nationals) and the more recent Liberal Party.[21]

The principle of ensuring that rural regions, which typically represented the landed gentry when Victoria first formed, were over-represented in parliament was also rescinded. One-man-one vote was adopted in 1899 in the Legislative Assembly, and expanded to the Legislative Council in 1937.[20] Wealth requirements for voting in the Legislative Assembly were removed in 1857, but this reform was not made to the Legislative Council until 1950.[3] Furthermore, the method of voting was changed; first-past-the-post voting was replaced with preferential voting for the Legislative Assembly in 1911 and compulsory voting introduced in 1923. Meanwhile, the preferential voting was used for elections to the Legislative Council from 1921,[20] and elections made compulsory in 1935.[3]

Voting was further expanded in 1973, when the voting age was lowered from 21 to 18. The minimum age for membership of either house was also lowered to 18.[20]

Legislative Council boundary changes

Initial electoral boundaries, 1851

Present boundaries, 2003 onwards.

The number of divisions within each of the chambers was gradually increased over time. The Legislative Council was expanded from 30 members representing 6 provinces to its peak of 48 members spread throughout 14 provinces by 1888. The number of both provinces and members continued to change until it remained relatively fixed by 1974, when 44 members represented 22 provinces. Furthermore, the members were distributed evenly, rather than a mixture of single and multi-member districts as the chamber was at its creation.[22]

The Legislative Assembly has similarly fluctuated in size over time. It contained 60 seats within its first iteration in 1856, eventually growing to as many as 95 by 1900. It was not until 1958 when all divisions were up for election at the same time, though, when all of the then 66 seats were contested. The Assembly reached 88 seats in 1985 and has remained at this number ever since.[23]

Until November 2006, the Legislative Council had 44 members serving eight-year terms, elected from single-member constituencies, with half the seats falling vacant every four years. Since then it has had 40 members, each serving four-year terms. They are elected from eight multi-member constituencies, each returning five members, and elected by proportional representation. Since 2006, the Legislative Assembly has had 88 members elected for fixed four-year terms from single-member constituencies, using preferential voting.[13]

Fixed four-year terms were introduced for both houses in 2002, replacing the previous provision that allowed the government to expire after no more than three years.[20]

Victorian Legislative Assembly

The Legislative Assembly is the house of responsible government, in that the government of the day must command a majority of support in this chamber. Furthermore, the Premier and Ministers are accountable to Parliament and must face questioning and scrutiny from Parliament. The Assembly schedules question time and has time and subject limits on the ways that Ministers must respond to matters raised to them by any other member of the Assembly.[29]

It consists of eighty-eight members who are elected for four-year terms using instant run-off preferential voting.[30] Casual vacancies in the Assembly are filled by a by-election within the electorate.[31]

The Assembly functions as a representation of Victoria and commanding a majority within the Assembly provides a mandate for government policies. The Assembly is the only chamber authorised to draw funds from the public treasury, or to raise taxes, on its own initiative. Changes to taxation or funding for projects can still be debated by the Council, but the Assembly may always authorise funding for the ordinary operation of government without needing Council approval. If the Council does not pass the Assembly's budget within a month it is passed to the Governor for Royal Assent regardless. This means that, unlike the Australian Senate, the other chamber of Victoria's parliament cannot block supply for government funding.[1]

The Assembly has increased in power over time compared to the Legislative Council. It is assumed that the government of the day will act upon the initiatives it campaigned on and the Assembly serves as a direct link between local members and each individual constituency. Furthermore, while it is not a requirement that ministers come from the Assembly, it is convention that more members of the executive branch sit within the Assembly than the Council.[32]

Most bills originate within the Assembly, partly as a matter of convention and mostly due to the fact that bills not sponsored by the government are unlikely to be passed. A bill typically goes through three readings, each followed by a vote, before being presented to the Legislative Council.[33]

Victorian Legislative Council

The Legislative Council is the house of review. It contains forty members, elected from eight multi-member electorates known as regions. Each region returns five members for a four year term. Each region contains eleven divisions from the Legislative Assembly. The Council is elected using a single transferable vote with the option of group voting tickets.[30] Casual vacancies are filled by a joint-sitting of both houses. The new member must be from the same party as the original member was at the time of their election.[31]

The Council's power has decreased over time, as its role has changed. It was initially a means of suppressing democratic reforms, particularly since the more representative Assembly was seen as too "liberal" and "radical". It now serves as a house of review, more closely modelled on the Australian Senate than on the United Kingdom's House of Lords. Majorities within the Council are rare by design, while minority interest groups are more likely to be elected than within the Assembly, encouraging debate and compromise.[32]

The Governor's opening address to Parliament occurs in the Council. The governor does not enter the Assembly, in keeping with the Westminster tradition of regal and vice-regal persons not entering into the chamber modelled on the House of Commons.

Bills passed by the Assembly must also pass the Council within the same form. Either house can propose amendments to bills and all bills and their amendments, with the exception of supply bills, must pass both houses.[33] The Council may debate supply bills but cannot amend them. In the event that the Council does not pass a budget within a month of it passing the Assembly it is passed onto the Governor for Royal Assent regardless of how (or even if) the Council voted on it.[1]

The Speaker of the Legislative Assembly is the presiding officer of the Legislative Assembly. He or she is an elected member of the parliament and is chosen by the members of the Legislative Assembly to chair their meetings and represent the assembly as a whole at official functions. The corresponding person in the Legislative Council is the President of the Legislative Council. Both the Speaker and the President have important powers in controlling debate 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.[34][35]

The presiding officers also oversee votes within their respective chambers and provide proof of assent in the instance that a bill is passed. This proof is needed for a bill to be presented to the Governor for royal assent.[1]

The presiding officers' voting roles are different. The Speaker of the Assembly only has a casting vote, while the President of the Council only has a deliberative vote. The speaker may therefore only vote when a matter is tied, with their casting vote determining the outcome. This is consistent with the Westminster tradition of the speaker acting as an impartial arbiter. Some pieces of legislation, such as altering the Constitution, require an absolute majority (45 of the 88 possible votes) to pass. It is therefore mathematically impossible for a speaker to pass such legislation with their casting vote, as the largest possible tied vote is 43:43.[36] The President used to have the same power, but their role has changed over time. Consequently, the President now has a deliberative vote but not a casting vote. This is modelled on the Australian Senate and ensures that a region of Victoria would not be deprived of one of its five votes. A tied vote in the Council is considered to have failed to pass regardless of how the President cast their vote. The President does not need to move to one end of the chamber during a division, but instead advises the clerk which way they are voting.[37]

• Dispute Resolution
• Electoral Oversight
• Integrity and Oversight
• Public Accounts and Estimates
• Scrutiny of Acts and Regulations

• Economy and Infrastructure
• Environment and Planning
• Legal and Social Issues
• Privileges
• Procedure

• Economy and Infrastructure
• Environment and Planning
• Legal and Social Issues
• Privileges
• Procedure

As a general rule, official government policy is based on advice given by a committee. This ensures further public input as committees consist of members from many parties. Bills are then drafted by the Office of the Chief Parliamentary Counsel to ensure that all relevant clauses and technicalities in existing laws are covered. Any member, whether in government or otherwise, may draft their own bill. Bills are almost always tabled to Parliament by a minister; any bills proposed by someone other than a Cabinet member are referred to as a private member's bill. Any private member's bill is usually drafted by the member in question without input from the OCPC.[33]

The presiding officer of a house determines when a bill, motion or petition is tabled by adding it to the Notice Paper for a given sitting day. Members must provide notice so that enough time is available to allow for proper debate and scrutiny. The presiding officer will also schedule subsequent readings based on how each house votes; if the bill is passed on its second reading, then it is common to provide for two weeks before the next.[29]

A bill usually goes through three readings once it is tabled in a house. The bill's details remain confidential except to parliament, other than the title, during the first reading to the house from which it originated. Members have a chance to read and analyse the bill at their leisure. It goes to a second reading if the house moves to do so. The Assembly refers to this as Consideration in Detail whereas it is called Committee of the Whole in the Council. Debates occur at this stage, as members of the house may scrutinise the bill's merits, propose amendments or move that the bill be dismissed altogether. The bill will be read clause by clause, allowing for all technicalities and edge cases to be discussed. The house will often vote on amendments at this stage as a result of debate and discussion. Any proposed amendments to bills under debate must be relevant.[44] Some bills, such as those that continue routine matters of governance or that do not face opposition, may skip this stage by a unanimous vote. Finally, the house may then go to a third reading, typically two weeks after debate is adjourned following the second reading. The bill is read in full in its final form to ensure that all members can scrutinise the final bill and its amendments (if any). The house's formal vote after the third reading passes the bill in that house and the presiding officer certifies it. This process must occur in both houses for a bill to become law.[33]

Voting in the house can be either be passed by the presiding officer simply asking members to call out their assent by stating, "Aye," or dissent by stating, "No." They then decide which side wins based on the volume. This process of voting "on the voices" is common for matters with little opposition. However, any member may challenge the presiding officer's ruling and ask for a division. This leads to bells being rung and members either stand to the presiding officer's right if they assent or to the left if they dissent. A count is conducted and a record of how each member voted is taken. If a house amends the draft bill, then the other house must separately agree to the same amendments. This means that it is returned to the other chamber for another vote. The bill is usually not read out in full again, rather only the amendment in question.[45]

Once both houses agree to the bill, and both presiding officers have certified the votes, it is presented to the Governor. The Governor provides royal assent on behalf of the Crown,[24] after which the bill with either take effect immediately, or at a time specified in the bill. The Governor may, to the letter of the law, withhold their approval of a bill. However, their capacity to do so is not unlimited and is heavily curtailed by precedent and convention. In the rare instances where the Governor is reluctant to provide Royal Assent, the bill may be sent back to the house of origin with suggested amendments rather than be rejected outright.[33]

The Monarch (Queen Elizabeth II) is considered part of Parliament. The monarch's powers are exercised by the Governor who is in turn appointed by the Queen on the advice of the Premier.[24] Among the Governor's vice-regal duties are the opening of Parliament and the signing of acts that are passed by the Victorian Parliament. The governor retains executive powers over the parliament, such as swearing in ministers, issuing writs for election and dissolving the parliament. The governor generally acts on the advice of the premier and the ministers of government when performing these functions. This following of advice reflects how the governor's role has changed over time from a powerful executive with veto authority to that of an advisory role limited by convention and precedent.[13] However, the parliament is obliged to observe the governor's three rights in overseeing it: the right to be consulted, the right to warn, and the right to encourage. The governor may insist on being consulted on matters before the parliament at any time.[56]

The Governor's role includes formally opening sessions of parliament with a speech outlining the government's legislative agenda. Victoria also has a Lieutenant-Governor to fulfil the functions of the office when the Governor is otherwise unavailable.[56]

The Governor is not subordinate to Australia's Governor-General. All Australian state governors have jurisdiction over their respective states with their commissions coming directly from the monarch.[24]

The leader of the political party or coalition with a majority of seats in the Legislative Assembly 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 with various portfolio responsibilities. The Premier and the Ministers are generally responsible for tabling legislation to the parliament. The Premier is, for the most part, the most powerful executive role within the Victorian Government. Similarly, the Ministers each oversee a specific task related to a chief responsibility of the government. The Premier and the Ministry separately form the Victorian Government's executive branch.

The ministers form the cabinet, a group who meets to discuss and decide the direction of the government. Their specific roles and responsibilities are determined by their party caucuses. There are currently twenty-two ministers within the cabinet. Some responsibilities are delegated to fourteen parliamentary secretaries, who act as junior ministers and usually do not sit in cabinet meetings. The ministers are also referred to as "the front bench" as they sit on the benches at the front of each legislative chamber.

The Premier and the ministers must be sitting members of parliament. There is no legal requirement that any of the executive government come from any particular house. However, since the Legislative Assembly must provide confidence and supply to the government of the day, the Premier is, by convention, a member of the Legislative Assembly.[56]

Political parties form a central part of the parliamentary system. The government is opposed by an official opposition. The leader of the largest party in opposition becomes the Leader of the Opposition. The opposition plays a central role in debating government ideas as well as scrutinising the government's business and its agenda. However, the opposition's power is limited while the government commands a majority in the Legislative Assembly due to the traditionally strong party discipline throughout Australia.[21] Parties must have at least 500 members on the Victorian electoral roll, have a party constitution and register with the Victorian Electoral Commission to receive official status.[21]

The Labor Party has been in Government since 4 December 2014, led by the Premier and leader of the Labor Party in Victoria, Daniel Andrews.

The Leader of the Opposition Coalition is Michael O'Brien, who was elected as the leader of the Liberal Party on 6 December 2018 after their election defeat, replacing former leader Matthew Guy. The Greens are led by Samantha Ratnam.

The current parliament is the 59th Victorian Parliament, having been elected at the 2018 Victorian State Election. It was formally opened by Governor Linda Dessau on its first sitting day on the 19 December 2019.[69] The incumbent Labor government, led by Premier Daniel Andrews, was re-elected with an increased majority in the Legislative Assembly. The government holds 55 seats, the opposition 27, and the cross-bench consists of three members of the Greens and three independents.[4]

The government has 18 seats within the Legislative Council, and the opposition Liberal/National Coalition has 11. The remaining 11 are held by a variety of cross-bench parties.[70] The election of a broad cross-bench drew some controversy due to the manipulation of group voting tickets by a collection of small parties in order to ensure that they attained more seats than their relatively small numbers of votes would normally provide. This led to such occurrences as the Greens receiving 13.5% of the primary vote in the Southern Metropolitan Region but losing to the Sustainable Australia party, who garnered only 1.3%.[71] Similarly, Derryn Hinch's Justice Party gained 3 seats with a statewide 3.7% of the primary vote, while the Greens' statewide 9.3% primary vote earned them just one seat.[70]

Catherine Cumming, originally elected to the Legislative Council on the Justice Party's ticket, left the party a week after her election. She now sits as an independent.[72] Labor Party member Philip Dalidakis resigned from his seat representing the Southern Metropolitan Region within Legislative Council on 17 July 2019.[73] He was replaced by Enver Erdogan, who was appointed to fill the casual vacancy in a Joint Sitting and was sworn in on 15 August.[74] Liberal party member Mary Woolridge resigned from her seat representing the Eastern Metropolitan Region within the Legislative Council on 7 December 2019.[75] She was replaced by Dr Matthew Bach in a Joint Sitting held on 4 March 2020.[76] Labor expelled MLC Adem Somyurek from the party following an incriminating expose alleging illegal activities aired on 60 Minutes. While still in parliament, he now sits on the cross bench.[77]