Tasmanian Legislative Council

A review of Legislative Council division boundaries is required every 9 years to maintain a population variation of less than 10% between the divisions. This ensures that each member of the Legislative Council represents approximately the same number of electors. Redistribution reviews also take into account the community interest of each division.[3][4]

The most recent redistribution was completed in 2017 which saw the electorates of Apsley and Western Tiers abolished, and the establishment of the McIntyre and Prosser electorates.[3][5]

The current distribution of seats (updated post August 2020 elections) is:[6]

When the Legislative Council of Van Diemen's Land was created in 1825 it was a fully nominated body with the Lieutenant-Governor as Presiding Officer. Between 1850 and 1856 the Presiding Officer in the Legislative Council was known as the Speaker. Sir Richard Dry was the first elected to hold this position. As part of wider parliamentary changes the title was changed in 1856 to President.[7]

The current President of the Legislative Council is Derwent MLC Craig Farrell.[8]

The Public Accounts committee is a Joint Committee, meaning that it is composed of members from both houses of parliament. Currently, there are three Legislative Councilors and three Members of the House of Assembly on this committee. This composition is unique in Australia where most Public Accounts Committees are dominated by lower house members.[9] This committee is commonly referred to as the most powerful committee in an Australian Parliament.[10] It has the power to look into any issue pertaining to the financials of the State, including government agencies, to ensure that money is going where it is intended. The committee can establish its own inquiries, without parliamentary authorisation.

The Committee is currently chaired by Independent member for Windermere, Ivan Dean.

One of the common functions of Australian upper houses is to scrutinise subordinate legislation. Subordinate legislation is necessary because the executive needs a means of creating rules more detailed than can be in legislation. The Subordinate Legislation Committee is established by statute in Subordinate Legislation Committee Act 1969. This is also a joint committee, composed of three members from each house. The Subordinate Legislation Committee examines every regulation made by the executive. If the committee is of the view that the regulation does not comply with the Act under which it was made, it can refer the regulation to the parliament.[11] Either the House of Assemble or the Legislative Council can pass a resolution that disallows the regulation. This disallowance is not retrospective and will not affect the actions taken while the regulation was in effect. If neither House is sitting, then the Committee can force the authority which made the regulation to; amend the regulation to make it consistent with a model suggested by the Committee, rescind the regulation completely, or suspend the regulation until both Houses of Parliament have dealt with the report of the Committee.[12] The Subordinate Legislation Committee is not intended to examine the political effect of the regulation, rather they simply examine whether the regulation is clear, conforms with the Act under which it was made, and does not impinge on judicial jurisdiction.

The Public Works committee is created under the Public Works Committee Act 1914 and is composed of four members, two from the HoA and two from the LC. The function of the Public Works Committee is to examine any proposed public work in Tasmania that will cost more than $5,000,000. The work cannot commence until the committee has passed it.[13] The PWC examines the public value of the work, the necessity of the work, and whether it will produce revenue as expected.

If the Committee decides that it does not meet these standards, then it has the power to prevent work going ahead. The Committee can also suggest changes to a project.

In 2015, the Committee examined the proposal to replace the St Pauls River Bridge outside Avoca. The committee recommended that the new bridge was built but suggested that the old bridge be retained for pedestrian access bridge.

There are two Legislative Council Sessional Committees, Government Administration A and Government Administration B with half the MLCs on one Committee and half on the other.[14] These are composed entirely of Legislative Councilors. Sessional Committees are always sitting and can examine any issue relating to the Ministry for which they are responsible, or any bill referred to it by the Legislative Council.

An example of a Sessional Committee is the 'Legislative Council Sessional Committee Government Administration A: Sub-Committee Fin Fish Farming in Tasmania' which held its first hearing on 11 February 2020.[15] This Sessional Committee terms of reference[16] indicate it was established to examine the implementation of the Sustainable Industry Growth Plan for the Salmon Industry[17] in Tasmania.

Select Committees are established to conduct an inquiry on one specific issue and then normally cease to exist once they have tabled their final report. The Standing Orders of the LC governs these Committees and the LC can confer powers to examine witnesses or issue summons upon the committee.[14] Select Committees can be either Joint Committees or single house committees.

Estimates Committee is considered to be a select committee. The Estimates committees are established by the Legislative Council Standing Orders as a way to ‘examine and report’ on the proposed expenditure in an appropriation (money) bill. It allows the executive to be scrutinised as Independent MLCs can gather facts, consult with the public and hold the executive accountable for the actions they are taking in their budgets.[18] This is especially important as the LC cannot amend money bills.[19]