GovernmentDemocracy

Legislative Council, as the South Australian parliament's house of review, can amend or reject Assembly bills

Legislative Council, as the South Australian parliament's house of review, can amend or reject Assembly bills
South Australian parliament's upper house, the Legislative Council, has the red theme reflecting the Westminster House of Lords tradition.

The Legislative Council as South Australian parliament’s upper house, reviewed law bills usually started by the government that is formed from the majority group in the lower house: the House of Assembly.

While the House of Assembly comprises members elected by a particular area, the Legislative Council’s 22 members were all elected by voters in the whole state.

The Legislative Council members were decided by proportional representation: to gain a seat, a member had to gain an 8.3% quota of the total state vote. This allowed more minor parties and independents into parliament.

Ministers or their representatives in the Legislative Council introduced law bills already passed by the House of Assembly.

Law bills could be initiated in the Legislative Council but their fate was decided in the House of Assembly where the government had the majority.

The Legislative Council in turn still held the power to veto all law bills, including the Budget, coming from the House of Assembly.

When the two houses disagree over passing a law, there was no way to resolve the deadlock. The Legislative Council had the final say. To overcome such impasses, changes proposed in 2015 were to:

  • Allow the governor to dissolve both houses of parliament and have an election if a deadlock occurs where the Legislative Council twice rejects and unacceptably amends a law that has passed the House of Assembly.
  • A joint sitting of both houses resolve the issue, if, after the election, the Legislative Council again rejects the law.
  • Giving the Budget bill special status, preventing the Legislative Council having any power to stop it becoming law.

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