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New South Wales Legislative Council

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New South Wales Legislative Council

The New South Wales Legislative Council, often referred to as the upper house, is one of the two chambers of the parliament of the Australian state of New South Wales. Along with the Legislative Assembly, it sits at Parliament House in the state capital, Sydney. It is normal for legislation to be first deliberated on and passed by the Legislative Assembly before being considered by the Legislative Council, which acts in the main as a house of review.

The Legislative Council has 42 members, elected by proportional representation in which the whole state is a single electorate. Members serve eight-year terms, which are staggered, with half the Council being elected every four years, roughly coinciding with elections to the Legislative Assembly.

The parliament of New South Wales is Australia's oldest legislature. It had its beginnings when New South Wales was a British colony under the control of the Governor, and was first established by the New South Wales Act 1823. A small, 5-member appointed Legislative Council began meeting on 25 August 1824 to advise the Governor on legislative matters. By 1825 it had grown to seven members, and between ten and fifteen in 1829. Under the Electoral Act 1843, the Legislative Council was expanded to 36 members, of whom 12 were appointed by the Governor in the name of the Crown, and the remainder elected from among eligible landholders. This change partly incorporated William Wentworth's ideals of self government proposed through the Australian Patriotic Association. Following the passage into law of The Electoral Act 1851, the Council was enlarged to 54 members with 36 of its members elected by adult males who met certain property requirements and 18 appointed members. In 1856, under a new Constitution, the Parliament became bicameral with a fully elected Legislative Assembly and a fully appointed Legislative Council with a Government taking over most of the legislative powers of the Governor. The right to vote was extended to all adult males in 1858.

On 22 May 1856, the newly constituted New South Wales Parliament opened and sat for the first time. With the new 54-member Legislative Assembly taking over the council chamber, a second meeting chamber for the 21-member upper house had to be added to the Parliament building in Macquarie Street. In 1901, New South Wales became a state of the Commonwealth of Australia and many government functions were transferred to the new Commonwealth government. In 1902, women gained the right to vote and the current Constitution of New South Wales was adopted, and in 1918, reforms permitted women to be members of parliament.

In 1925, 1926 and 1929, Premier Jack Lang made attempts to abolish the Legislative Council, following the example of the Queensland Legislative Council in 1922, but all were unsuccessful. The debate did, however, result in another round of reforms, and in 1933, the law was changed so that a quarter of the Legislative Council was elected every three years by votes cast by members of the Legislative Assembly and the Legislative Council together, using STV, rather than being appointed by the Governor.

In 1962, Indigenous Australians gained the unfettered right to vote in all state elections, overriding protection orders and other historical restrictions on some Aboriginal people voting.

In 1978, the Council became a directly elected body in a program of electoral reform introduced by the Wran Labor government. The number of members was reduced to 45, with a third elected each third year, although transitional arrangements meant that there were 43 members from 1978 to 1981, and 44 from 1981 to 1984.

Further reform in 1991 by the Greiner Liberal-National government saw the size of the Legislative Council cut to 42 members, with half being elected every 4 years. (In 1991, the NSW Legislative Assembly was reduced from 109 to 99 Members, and then to 93 members in 1999.)

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