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Parliament of South Australia

The Parliament of South Australia is the bicameral legislature of the Australian state of South Australia. It consists of the 47-seat House of Assembly and the 22-seat Legislative Council. General elections are held every 4 years, with all of the lower house and half of the upper house filled at each election. It follows a Westminster system of parliamentary government with the executive branch required to both sit in parliament and hold the confidence of the House of Assembly. The parliament is based at Parliament House on North Terrace in the state capital of Adelaide.

History
Early colonial period and establishment At the founding of the Province of South Australia under the South Australia Act 1834, governance of the new colony was divided between the Governor of South Australia and a Resident Commissioner, who reported to a new body known as the South Australian Colonization Commission. Under this arrangement, there was also a governing Council comprising the Governor, the Judge or Chief Justice, the Colonial Secretary, the Advocate-General and the Resident Commissioner, with broad legislative and executive powers including the imposition of rates, duties, and taxes. This council was sometimes referred to as the "Legislative Council". In 1842, the South Australia Act 1842 was passed in order to replace the South Australian Colonisation Commission appointed in 1834 with a more standard British model of government, with a Governor advised by a Legislative Council. The 1842 Act gave the British Government, which was responsible for appointing a Governor and at least seven other officers to the Legislative Council, full control of South Australia as a Crown Colony, after financial mismanagement by the first administration had nearly bankrupted the colony. This new Legislative Council was the first true parliamentary body in South Australia. The Act also made provision for a commission to initiate the establishment of democratic government, electoral districts, requirements for voting rights, and terms of office. Although the old governing Council advising the Governor met at Government House, this new Legislative Council met at a new purpose built chamber on North Terrace. This chamber eventually grew into what is now known as "Old Parliament House". The Australian Colonies Government Act 1850 was a landmark development which granted representative constitutions to New South Wales, Victoria, South Australia and Tasmania and the colonies enthusiastically set about writing constitutions which produced democratically progressive parliaments with the British monarch as the symbolic head of state. In 1851 elections for the Legislative Council were held. The new Council consisted of 24 members, four official (filling what would be today ministerial positions) and four non-official members, both nominated by the governor on behalf of the Crown, and 16 elected members chosen from single-member districts. The right to vote for these positions was not universal, however, being limited to propertied men. In addition, the reforms meant that the Governor no longer oversaw proceedings, with the role being filled by a Speaker who had been elected by the members. In 1853 the Legislative Council sent London a Parliament Act 1853 that provided for a new constitution that established a bicameral parliament with an elected lower house and an upper house made up of members nominated for life. The colonists were mistakenly under the impression that only such a scheme would be acceptable to the British Government. The Governor, Sir Henry Young, had been advised that this was not the case but he kept this information to himself. The colonists were furious and 5,000 petitioned Westminster to give them two elected houses. The offending constitution was returned and in 1855, a new Legislative Council was elected with a mandate to establish something far more radical and democratic than had been seen in the British Empire before. The Act also provided for a system of responsible government, where the members of the executive branch must sit in parliament and, by convention, can only remain in office while they hold the confidence of a majority of the members of the House of Assembly. The adoption of the "one man, one vote" principle also removed the ability of voters to vote in any electorate in which they owned property. The Act also defined the rules of tenure for the parliamentarians. The first bicameral parliament of South Australia was elected on 9 March 1857, with Boyle Travers Finniss as the inaugural Premier of South Australia responsible to parliament. The parliament first sat on 22 April 1857. This rate has subsequently continued to evolve with the rate now set by an independent remuneration tribunal. In 1889, the House of Assembly moved out of the original Parliament House and took up residence in a new building constructed next door. Due to costs, this "New Parliament House" would remain unfinished for 50 years while the Legislative Council continued to be housed in the original Parliament House. After federation South Australia became a state of the Commonwealth of Australia in 1901, following a vote to federate with the other British colonies of Australia. One consequence of federation was that the powers of the Parliament of South Australia were limited by the provisions of the Constitution of Australia, with some powers transferred to the federal parliament. Another consequence was a bit of a "brain drain", with many of the parliament's most prominent members moving to the federal sphere. From 1857 to 1933, the House of Assembly was elected from multi-member districts, commonly known as "seats," with each district returning between one and six members. The size of the Assembly grew during the colonial period—36 members from 1857 to 1875, 46 members from 1875 to 1884, 52 members from 1884 to 1890, 54 members from 1890 to 1902. The already entrenched rural overweighting was increased to a 2:1 ratio, the number of MPs was reduced to 39 and the multi-member seats were abandoned for single-member seats. The House of Assembly now consisted of 26 low-population rural seats, which due to population shifts, were holding up to a 10-to-1 advantage over the 13 high-population metropolitan seats, even though rural seats contained only a third of South Australia's population. At the peak of the malapportionment in 1968, the rural seat of Frome had 4,500 formal votes, while the metropolitan seat of Enfield had 42,000 formal votes. Labor managed to win enough parliamentary seats to form government just once during the Playmander against the odds − in 1965. Labor won comprehensive majorities of the statewide two-party vote whilst failing to form government in 1944, 1953, 1962 and 1968. Since the following 1975 South Australian state election, no one party has had control of the state's upper house with the balance of power controlled by a variety of minor parties and independents. Electoral systems Originally, the electoral system for both houses was a form of plurality voting, where each voter is given as many votes as there are candidates to be elected. From 1929, this was changed to instant-runoff voting, with multi-member districts using the preferential block voting variant of the system. In 1973, as part of the reforms to the upper house, the Legislative Council switched to using a party list form of proportional representation voting that was subsequently changed to the single transferable vote in 1982. Today, the House of Assembly continues to use instant-runoff voting with compulsory preferences. Compulsory voting was introduced for the House of Assembly in 1942 and for the Legislative Council in 1985. Elections were held every 3 years until 1985 (with a brief flirtation with 5 year terms for the House of Assembly in the 1933-1938 parliament), when the parliament switched to 4 year terms, meaning 8 year terms for the upper house. Beginning in 2006, election dates have been fixed at the third Saturday in March of every fourth year. ==House of Assembly==
House of Assembly
The House of Assembly (or "lower house") is made up of 47 members who are each elected by the full-preference instant-runoff voting system in single-member electorates. Each of the 47 electoral districts (electorates) contains approximately the same number of voters. Casual vacancies, when a member retires or dies in office mid-term, are filled by a by-election in that member's district. Since 1975, the distribution of electoral boundaries has been set by the South Australian Electoral Districts Boundaries Commission, an independent body. While South Australia's total population is 1.7 million, Adelaide's population is 1.3 million − uniquely, over 75 percent of the state's population resides in the metropolitan area and has 72 percent of seats (34 of 47) alongside a lack of comparatively-sized rural population centres, therefore the metropolitan area tends to decide election outcomes. At the 2014 election for example, although the statewide two-party vote (2PP) was 47.0% Labor v 53.0% Liberal, the metropolitan area recorded a 2PP of 51.5% Labor v 48.5% Liberal. The term for the House of Assembly is a fixed 4-year term but the state Constitution does allow the Governor to dissolve the House early and call for a fresh general election under certain circumstances. These are: If the House passes a motion of no confidence in the government, the House defeats a motion of confidence in the government, or if a bill that has been designated by the House as a "bill of special importance" is passed by the House of Assembly but is rejected by the Legislative Council. The House of Assembly can also be dissolved early together with the full Legislative Council in what is known as a double dissolution in order to resolve deadlocks between the two Houses. The circumstances for such a double dissolution are outlined below. ==Legislative Council==
Legislative Council
The Legislative Council (or "upper house") is made up of 22 councillors (MLCs) who are elected for the entire state by the Proportional Representation single transferable voting system (with optional preferential voting) to serve for a term that is usually 8 years. Elections for the Legislative Council are staggered so that 11 seats are up for re-election every 4 years, at the same time as House of Assembly elections. Legislative Councillors may serve shorter or longer terms than the usual 8 years in the event of an early dissolution of the House of Assembly. If half the chamber has served at least 6 years at the time of a dissolution, then they go up for election, but if all Legislative Councillors have served less than 6 years, only the House of Assembly faces the people. In the event of a casual vacancy, members of the Legislative Council are filled by an assembly of the members of both houses of parliament. If the member whose seat has become vacant was elected as a member of a political party, the assembly must, if possible, replace them with a nominated member of that party. The Legislative Council has almost equal powers to the House of Assembly. The only difference is that the upper house does not have the ability to initiate or amend bills that appropriate money or levy taxes. The Council may still request amendments to these bills and retains the right to reject money bills that it disagrees with. The primary function of the Legislative Council is to review legislation which has been passed by the House of Assembly. This can cause tensions between the government and the Legislative Council, which may be viewed by the former as obstructionist if it rejects key legislation, as can happen at times when the electoral makeup of the two Houses are different. Another important function of the upper house is to scrutinise government activity, which it does both in the chamber and through committees. As Legislative Councillors have been elected using proportional representation since the mid-1970s, the chamber features a multitude of parties vying for power. A government or opposition majority in the upper house has been unachievable since the introduction of this system, with the balance of power being held by a number of minor parties and independents. ==Resolution of deadlocks between the Houses==
Resolution of deadlocks between the Houses
In the event that there is a conflict between the two Houses over legislation, the South Australian Constitution lays out a mechanism for how these deadlocks can be resolved. Under section 41 of the South Australian Constitution, if a bill is passed by the House of Assembly during a session of parliament and in the following parliament after a general election for the lower house is rejected by the Legislative Council on both occasions, it is permitted for the Governor to either issue a writ for the election of 2 additional members of the Legislative Council or to dissolve both Houses at the same time to elect an entirely new parliament. This procedure is known as a double dissolution. As the upper house consists of 22 members, with 11 elected statewide at each general election for an 8-year term at a quota of 8.33%, this would result in an election for all 22 members at a quota of 4.35%. In the event of a double dissolution election, the 11 Legislative Councillors that would not have won their seats under an ordinary election go up for re-election at the first general election after only serving 3 years, rather than the usual 6 years. Although it has been threatened, this South Australian double dissolution procedure has never been used. Although the practice has mostly fallen out of favour in other parliaments that use a bicameral Westminster system, the South Australian parliament still regularly appoints a "Conference of Managers" from each House to negotiate compromises on disputed bills in private. The Conference Managers then prepare a report of recommendations that is submitted to both Houses. ==Salaries of Members of Parliament==
Salaries of Members of Parliament
Salaries of South Australian Members of Parliament (MPs), which include all Legislative Councillors and Members of the House of Assembly, are tied by the to those of Australian Federal MPs, less A$42,000. An independent remuneration tribunal sets the Federal base salaries. The independent Remuneration Tribunal of South Australia additionally determines a range of additional remuneration-related provisions for MPs, such as private plated vehicles and electorate and the common allowance, which replaced and travel related allowances for MPs and is currently set at A$20,503 since 1 December 2024. Since the Australian remuneration tribunals' determination of 1 July 2025, the basic annual salary of a South Australian MP is A$197,270 with an additional common allowance of A$20,503 totalling A$217,773 (which is the federal base salary of $239,270 less $42,000 plus an additional common allowance of $20,503). The remuneration of South Australian MPs, including Ministers and Parliamentary office holders, is made up of several components: • Base salary. • Additional salary (payable to MPs who are also Ministers of office holders). • Common allowance (which replaced travel allowances). • Electorate allowance (for the provision of staff and resources. • Non-monetary benefits (such as a private motor vehicle). • Parliamentary committee allowance. Remuneration of Ministers and office holders Ministers and office holders, such as the Leader of the Opposition, the Speaker of the House, and the President of the Council, are entitled to additional salary, which is set by the . As an example, the Leader of the Opposition is entitled to an additional 75% of the A$197,270 (2025) base salary, which is an additional $147,953, totalling an annual salary of $345,223 (rounded to the nearest dollar). ==State First Nations Voice==
State First Nations Voice
As of the passage of the First Nations Voice Act 2023 in March 2023, South Australia also has an Aboriginal Voice to Parliament able to represent South Australia's Aboriginal population to the state parliament and government. The Act was launched in a ceremony led by premier Peter Malinauskas, who acknowledged the work done by Attorney-General and Aboriginal Affairs Minister Kyam Maher, and First Nations Commissioner Dale Agius, to achieve the passing of the bill. A large crowd attended despite rainy weather, and Major "Moogy" Sumner spoke, danced, and performed the Welcome to Country. The state is divided into six regions, whose Aboriginal voters will, at each state election, elect a "Local Voice" with gender parity. These local voices then elect one male and one female member each to be their joint presiding officers and sit on the "State First Nations Voice". The State Voice then in turn elects its own male and female joint presiding officers who have the right to enter either house of parliament to make speeches on bills that are of interest to the First Nations peoples in South Australia. They do not have the ability to vote on legislation. The State Voice can also address state cabinet and government departments. ==Longest-serving members==
Longest-serving members
Members of the South Australian upper and lower houses with over 30 years of service. The longest serving current member of Parliament is Tom Koutsantonis, who was elected to State Parliament in 1997 at age 26. ==Location==
Location
The seat of the Parliament of South Australia is Parliament House in the state capital of Adelaide. Parliament House sits on the North-Western corner of the intersection of King William Street and North Terrace. It was built to replace the adjacent and overcrowded Parliament House, now referred to as "Old Parliament House", which dated from 1843 with extensions in 1857. Due to financial constraints, the current Parliament House was constructed in stages over 65 years from 1874 to 1939. Following the completion of the New Parliament House in 1939, The Old Parliament House has been used for a variety of functions including as a Royal Australian Air Force recruiting office, offices for government departments and as a "Constitutional Museum." In 1995, the building reverted to use by the parliament and has been used as offices and committee rooms ever since. ==See also==
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