WHAT IS THE LEGISLATIVE COUNCIL?

As part of your Parliament, the Legislative Council and its elected members play an important role.  
Here’s a quick refresher on what it actually does.

WHAT IS THE
LEGISLATIVE
COUNCIL?

As part of your Parliament, the Legislative Council and its elected members play an important role.  
Here’s a quick refresher on what it actually does.

The Tasmanian Parliament has two houses:

The House of Assembly and the Legislative Council.

The lower house is the House of Assembly

  • It has 25 seats – five people voted in from each of its five electorates (Franklin, Lyons, Bass, Braddon and Clark, which used to be Denison).
  • There is an election every four years for all the seats in the lower house.
  • The party or parties that win the majority of seats in the lower house form government.
  • The lower house passes legislation (laws), which then go to the upper house to be voted on.  

Here’s an infographic which shows you about the two houses.

The upper house is the Legislative Council

  • It has 15 seats – one person voted in from each of its 15 electorates (Derwent, Elwick, Hobart, Huon, Launceston, McIntyre, Mersey, Montgomery, Murchison, Nelson, Pembroke, Prosser, Rosevears, Rumney, Windemere).
  • There is never an election for all 15 seats at once.  Instead, over a six year cycle, there is an election each year in May for two or three seats at a time.  
  • The upper house is generally a place for independents, rather than party representatives.

What does the Legislative Council do?

The Legislative Council’s job is to review legislation (laws) passed by the government in the lower house.  

When a piece of legislation comes to the Legislative Council, their job is to consider it carefully and decide whether it is a good law which will work well and do what it is meant to do.  

The Legislative Council can then pass (approve) the legislation with a majority vote, or they can vote to make amendments (changes or additions) to the legislation, they might vote to reject the legislation, or they might vote to send the legislation to Committee.  This means they think that further investigation or information is needed on the matter before the law is passed.

Members can also move a motion to debate important matters and ask questions of the Leader of the Government in the Legislative Council.

Reviewing legislation, debating matters, asking questions and the work of Committees are important ways that the Legislative Council scrutinises the Government of the day and acts as a check and balance on its power.

 

The Legislative Council has restrictions on election spending   

In the Legislative Council, there is a strict election spending limit for all candidates.  

This year that limit is $17,000.   Other people, groups or businesses are not allowed to run separate campaigns to support candidates outside of that $17,000 limit.    It is a more level playing field and the community can be more confident that candidates will not be beholden to vested interests.

Unlike the Legislative Council, the lower house has no restrictions on how much money is spent in elections by the candidates, the parties or by other people, groups or businesses that run campaigns to support them.   This means that those with the most money or with the most wealthy supporters can have an advantage in the lower house, and in forming government.

You can find more information about the Legislative Council at the Tasmanian Parliament and the Tasmanian Electoral Commission