Introduction

In any Westminster system, the legislature or parliament usually comprises one or two Houses and the Sovereign or her representative. All of the States except Queensland have two Houses: a ‘Legislative Assembly’ or ‘House of Assembly’ (traditionally called the ‘Lower House’); and a ‘Legislative Council’ (traditionally called the ‘Upper House’). Queensland, the ACT, Norfolk Island and the Northern Territory have only a Legislative Assembly. Legislatures comprised of two Houses are bicameral parliaments; those with only one House are unicameral parliaments. The designations of ‘Lower’ and ‘Upper’ House are clearly inappropriate so far as they suggest that one House is superior to the other. Such designations should be abandoned. For the purposes of this text, reference will simply be made to the Assembly and to the Council.

All Houses in Australia are now elected by universal adult suffrage. The members of the Council were originally appointed by the Governor before the franchise was gradually widened. The Assembly is the larger of the two Houses and is the more representative body which determines the government. Most legislation is initiated in this chamber including all money Bills. The Council is essentially a House of review in relation to Bills, tabled subordinate legislation, and the activities of the Executive. Bills, other than certain money Bills, can also be introduced in this House. The extent to which the Council can block Assembly Bills is considered below.

A detailed analysis of the merits of a bicameral legislature falls outside the scope of this book.