Parliament of New South Wales - Composition and Powers

Composition and Powers

The legislative authority, the Crown-in-Parliament, has three separate elements: the Queen, represented by the Governor; the Legislative Council; and the Legislative Assembly. No individual may be a member of both Houses.

All 93 members of the Legislative Assembly are elected at each general election from single-member districts using optional preferential voting to terms of up to four years. The 42 Legislative Council members are elected for two terms (a maximum of eight years), with half elected at each general election. Elections for the Legislative Council are conducted on a statewide, at-large basis (meaning all members represent the entire state) using the single transferable vote system similar to that used for elections to the federal Senate.

In the running of Parliament, the two presiding officers have a role that is similar to Ministers and their departments. The Speaker of the Legislative Assembly and the President of the Legislative Council are responsible for the employing of staff. In consultation with the parliamentary clerks, the presiding officers determine policy for the operation of their respective chambers and jointly for the Parliament.

Royal Assent of the Queen is required for all bills to become law. The Crown also has executive powers which do not depend on Parliament, through prerogative powers, which include among others the ability to dissolve Parliament, make treaties, award honours, appoint officers and civil servants, and appoint and dismiss the Premier. In practice these are always exercised by the Governor on the advice of the Premier of New South Wales and the other ministers of HM Government. The Premier and Government are directly accountable to Parliament through its control of public finances and the need for its confidence, and to the public through Members of Parliament.

The Governor chooses the Premier, usually depending on the results of the general election, who then forms a government from members of the houses of Parliament. This must be someone who can command the confidence of a majority in the Legislative Assembly. This is usually a straightforward decision, though occasionally the Governor has to make a judgment, as in August 1939 when the Governor, Lord Wakehurst, handled a major political crisis brought about when the former Deputy Leader of the governing United Australia Party, Eric Spooner brought down Premier Bertram Stevens in a motion of no confidence. Wakehurst asked the Treasurer, Alexander Mair, to form a government.

The current Premier of New South Wales is Barry O'Farrell MP of the Liberal Party.

Government ministers (including the Premier) must regularly answer questions in the chambers and there are a number of select committees that scrutinise particular issues and the workings of the Government. There are also mechanisms that allow Members of Parliament to bring to the attention of the Government particular issues affecting their constituents.

For a bill to become law, it must be passed by both the Legislative Council and the Legislative Assembly and be assented to by the Governor. Under Section 5A of the New South Wales Constitution Act (1902), a bill appropriating revenue for the ordinary annual services of the Government can be presented to the Governor for assent even if the upper house has not agreed to it.