Parliament of Victoria

The Parliament of Victoria is the bicameral legislature of the Australian state of Victoria. It follows a Westminster-derived parliamentary system and consists of the King, represented by the governor of Victoria, the Legislative Assembly and the Legislative Council. Members of the Victorian government are drawn from both chambers, creating a fused executive. The parliament meets at Parliament House in the state capital Melbourne. The current Parliament was elected on 26 November 2022, sworn in on 20 December 2022 and is the 60th parliament in Victoria.

The two Houses of Parliament have 128 members in total, 88 in the Legislative Assembly (lower house) and 40 in the Legislative Council (upper house). Victoria has compulsory voting and uses full preferential voting in single-member seats for the Legislative Assembly, and single transferable vote in multi-member seats for the proportionally represented Legislative Council. The council is described as a house of review. Majorities in the Legislative Council are rare, so the government of the day must negotiate with other parties to pass much of its legislative agenda. All members serve four-year terms. The parliament's functions and processes have evolved over time, undergoing significant changes as Victoria changed from an independent colony to a state within the federated Australia.

Government is formed by the party or parties who command confidence and supply within the Assembly. The leader of the governing party or parties is the premier, the most senior elected member of Victoria's executive government. Victorians do not directly elect the premier, and the leader of the majority party is appointed premier by the governor. Jacinta Allan has been the premier since her selection as leader of the Labor Party on 27 September 2023.

History

Location

Parliament has sat at Parliament House, Melbourne since 1856, with the exception of the period 1901–1927, when Parliament House was used by the Federal Parliament and the Parliament of Victoria sat at the Royal Exhibition Building. The building has undergone significant renovations since its initial construction as it has been expanded, repaired and restored over time. The first major works were conducted in the 1930s, using a £50,000 contribution from the Australian federal government paid in gratitude for the use of the building. Further construction was undertaken throughout the 1970s to make temporary offices for members of Parliament, although these were not modernised until further works began in 2015. Sections of the structure's outer walls have gradually been replaced over time.

Early parliamentary history

Prior to 1851 the area of Australia now known as Victoria was part of the colony of New South Wales and was administered by the Government of New South Wales in Sydney. On 5 August 1850, the Parliament of the United Kingdom passed the Australian Colonies Government Act which made provision for the separation of Victoria from New South Wales. Enabling legislation was passed by the Parliament of New South Wales, and Victoria was formally created a separate colony of the United Kingdom on 1 July 1851.

The Australian Colonies Government Act provided for the colony to be administered by a lieutenant-governor and a Legislative Council of 51 members, 21 of which were to be elected and the remainder appointed by the Lieutenant-Governor. The lieutenant-governor was subordinate in some matters to the governor of New South Wales, who was given the title governor-general. The Legislative Council met for the first time in November 1851 at St Patrick's Hall, Melbourne. The first Legislative Council existed for five years and was responsible for at least three significant and enduring contributions to the parliamentary system of Victoria: drafting the first Constitution of Victoria, ensuring a secret ballot within elections (a novelty within the British Empire at the time), and ordering the construction of Victorian Parliament House in Melbourne.

The Victorian Constitution was approved by the Legislative Council in March 1854. It was the sent to Britain where it was passed by the United Kingdom Parliament as the Victoria Constitution Act 1855. It was granted royal assent on 16 July 1855 and was proclaimed in Victoria on 23 November 1855. The constitution established the Westminster-style system of responsible government that continues in Victoria today. It further stipulated several preconditions on voting that have since been rescinded such as restricting voting to only men of at least 21 years of age who met minimum wealth standards. Rural districts were also very over-represented in order to favour large landowners.

The election for the first Victorian Parliament was held during the spring of 1856, the first Victorian Members of Parliament met on 21 November 1856 in the recently completed Parliament House and were sworn in, and on 25 November 1856 the first Victorian Parliament was officially opened by acting governor Major-General Edward Macarthur. The Legislative Council consisted of thirty members representing six Provinces, each province returning five members. The Legislative Assembly consisted of sixty members representing thirty-seven multi and single-member electorates.

Expansion of suffrage

Although Indigenous Australians were denied the vote in some states, Victoria did not directly legislate voting based on race. Therefore, Indigenous Victorian men were entitled to vote from 1857, provided they met the other requirements. Furthermore, Indigenous Victorians who enrolled to vote in Victoria were allowed to vote in federal elections from 1901.

The 1903 constitution, similar to the functional constituencies in China, reserved two seats in the Legislative Assembly to be elected by and from Railway Officers and similarly one seat for Public Officers, and one seat in the Legislative Council for both groups combined. In 1907, these four seats were abolished and such officers voted instead in their electoral district and province and were otherwise prohibited from political campaigning.

Voting was initially restricted based on gender, though. Victoria was the last state within Australia to intentionally recognise female voters. The Electoral Act 1863 granted the vote to all rate payers, which included some women at the time. Therefore, women were legally allowed to, and indeed did, vote in the election of 1864. The act was clarified in 1865 to exclude women. Agitation for allowing women to vote began in earnest in 1891, with presentation of an immense Victorian Women's Suffrage Petition containing over 30,000 signatures was presented to the parliament. This petition was proudly used as a promotional tool for the federation of Australia. The newly federated nation allowed women to vote in elections, as well as stand for office, since 1902. Yet Victoria did not expand its suffrage to include women until 1908, nor allow women to stand for office until 1924.

Political parties began to increase in size and influence throughout the 1890s,

The Legislative Assembly has similarly fluctuated in size over time. It contained 60 seats within its first iteration in 1856, eventually growing to as many as 95 by 1900. It was not until 1958 when all divisions were up for election at the same time, though, when all of the then 66 seats were contested. The Assembly reached 88 seats in 1985 and has remained at this number ever since.

Current voting methods and districts

Until November 2006, the Legislative Council had 44 members serving eight-year terms, elected from single-member constituencies, with half the seats falling vacant every four years. Since then it has had 40 members, each serving four-year terms. They are elected from eight multi-member constituencies, each returning five members, and elected by proportional representation. Since 2006, the Legislative Assembly has had 88 members elected for fixed four-year terms from single-member constituencies, using preferential voting.

Composition and electoral systems

Parliament consists of the King and two houses: the Legislative Assembly and the Legislative Council. The governor acts on behalf of the monarch.

The government of the day sits on benches to the right of the presiding officer within each chamber, while the opposition sits to the left. Members of a house who are not part of either the official government or opposition sit on the benches in between them, called the cross bench. This arrangement is used in the Legislative Council even though the governing parties rarely command a majority within it.

The Government and Opposition appoint members as Managers of Government and Opposition Business in each house. These members are not within the control of the house in the same way that the president and speaker are, they are appointed by the premier and the leader of the Opposition respectively. Each party represented in each house appoints a member as their party whip. The whip's main duty is to ensure that all of the members of their party are present within a chamber when a formal vote takes place.

Legislative Assembly

thumb|300px|Victorian Legislative Assembly

The Legislative Assembly is the house of government, in that the government of the day must command a majority of support in this chamber. Furthermore, the premier and ministers are accountable to Parliament and must face questioning and scrutiny from Parliament. The Assembly schedules question time and has time and subject limits on the ways that Ministers must respond to matters raised to them by any other member of the Assembly. Casual vacancies in the Assembly are filled by a by-election within the electorate.

The Assembly functions as a representation of Victoria and commanding a majority within the Assembly provides a mandate for government policies. The Assembly is the only chamber authorised to draw funds from the public treasury, or to raise taxes, on its own initiative. Changes to taxation or funding for projects can still be debated by the Council, but the Assembly may always authorise funding for the ordinary operation of government without needing Council approval. If the Council does not pass the Assembly's budget within a month it is passed to the governor for royal assent regardless. This means that, unlike the Australian Senate, the other chamber of Victoria's parliament cannot block supply for government funding.

The Assembly has increased in power over time compared to the Legislative Council. It is assumed that the government of the day will act upon the initiatives it campaigned on and the Assembly serves as a direct link between local members and each individual constituency. Furthermore, while it is not a requirement that ministers come from the Assembly, it is convention that more members of the executive branch sit within the Assembly than the Council.

Most bills originate within the Assembly, partly as a matter of convention and mostly due to the fact that bills not sponsored by the government are unlikely to be passed. A bill typically goes through three readings, each followed by a vote, before being presented to the Legislative Council.

The presiding officers also oversee votes within their respective chambers and provide proof of assent in the instance that a bill is passed. This proof is needed for a bill to be presented to the governor for royal assent. The president used to have the same power, but their role has changed over time. Consequently, the president now has a deliberative vote but not a casting vote. This is modelled on the Australian Senate and ensures that a region of Victoria would not be deprived of one of its five votes. A tied vote in the council is considered to have failed to pass regardless of how the president cast their vote. The president does not need to move to one end of the chamber during a division, but instead advises the clerk which way they are voting.

Parliamentary Committees

thumb|300px|Knight Kerr Room, often used by Parliamentary Committees

Committees are made of members of either house. They have a specifically defined role designed to seek community input about ideas or to investigate matters Parliament deems important. The membership of a committee is determined by the parliament, usually as a new parliament begins. Each committee contains members of many political parties, not just the governing parties, although the government still generally aims to give itself functional majorities within each committee. Lobbyists, members of the public and organisations communicate with committees in order to give input into the drafting of bills. The Parliament of Victoria outlines the committee process as:

The different types of committees are: joint investigatory committees, comprising members of both houses, standing committees, comprising members of the Legislative Council, select committees, comprising members of one house or the other, and domestic committees, which are generally closed to the public as they concern matters of the parliament itself.

Joint committees

Dispute Resolution
Electoral Oversight
Integrity and Oversight
Public Accounts and Estimates
Scrutiny of Acts and Regulations

Legislative Council committees

Economy and Infrastructure
Environment and Planning
Legal and Social Issues
Privileges
Procedure

Legislative Assembly committees

Economy and Infrastructure
Environment and Planning
Legal and Social Issues
Privileges
Procedure

Procedure

Parliamentary days follow a regular routine. Each sitting day begins with a prayer, and also an acknowledgement to country in respect to Victoria's Indigenous people. A quorum must be present for a day's proceedings to be legally binding, so the presiding officer will generally wait until enough members are within the chamber before entering. Members may only speak in the chamber when given leave to do so by the presiding officer.

A proposed petition, motion or bill can be introduced into either house, but in practice most are introduced into the Legislative Assembly. Any statute bill, with the exception of bills appropriating money for the ordinary annual services of government, must be passed by both Houses before being presented to the governor, who will sign the bill into law on behalf of the King. Ordinary appropriation bills need only be passed by the Legislative Assembly before being presented to the governor for royal assent. Input is sought from various public groups, private interests and public servants.

Committee process

As a general rule, official government policy is based on advice given by a committee. This ensures further public input as committees consist of members from many parties. Bills are then drafted by the Office of the Chief Parliamentary Counsel to ensure that all relevant clauses and technicalities in existing laws are covered. Any member, whether in government or otherwise, may draft their own bill. Bills are almost always tabled to Parliament by a minister; any bills proposed by someone other than a Cabinet member are referred to as a private member's bill. Any private member's bill is usually drafted by the member in question without input from the OCPC.

Debate and vote

The presiding officer of a house determines when a bill, motion or petition is tabled by adding it to the notice paper for a given sitting day. Members must provide notice so that enough time is available to allow for proper debate and scrutiny. The presiding officer will also schedule subsequent readings based on how each house votes; if the bill is passed on its second reading, then it is common to provide for two weeks before the next.

A bill usually goes through three readings once it is tabled in a house. The bill's details remain confidential except to parliament, other than the title, during the first reading to the house from which it originated. Members have a chance to read and analyse the bill at their leisure. It goes to a second reading if the house moves to do so. The Assembly refers to this as Consideration in Detail whereas it is called Committee of the Whole in the council. Debates occur at this stage, as members of the house may scrutinise the bill's merits, propose amendments or move that the bill be dismissed altogether. The bill will be read clause by clause, allowing for all technicalities and edge cases to be discussed. The house will often vote on amendments at this stage as a result of debate and discussion. Any proposed amendments to bills under debate must be relevant. Some bills, such as those that continue routine matters of governance or that do not face opposition, may skip this stage by a unanimous vote. Finally, the house may then go to a third reading, typically two weeks after debate is adjourned following the second reading. The bill is read in full in its final form to ensure that all members can scrutinise the final bill and its amendments (if any). The house's formal vote after the third reading passes the bill in that house and the presiding officer certifies it. This process must occur in both houses for a bill to become law.

Royal assent

Once both houses agree to the bill, and both presiding officers have certified the votes, it is presented to the governor. The governor provides royal assent on behalf of the King, after which the bill with either take effect immediately, or at a time specified in the bill. The governor may not refuse to assent to a bill, except possibly in extreme circumstances where the judiciary and all other constitutional safeguards were unavailable. The governor also has the formal power to return a bill to the houses with suggested amendments, however this is power exercised only on ministerial advice and has only been used to correct minor errors discovered in a bill before it has received assent.

Functions

thumb|Bar chart showing the number of acts of the Parliament of Victoria by year (1996-2024)

The parliament has the power to make laws for Victoria on any matter, Concurrent powers are limited further, as when a state law and federal law come into conflict, the federal law prevails to the extent of any inconsistency. Exclusive powers deal with matters that affect the entire nation or anything occurring on federal land. For instance, no state may create its own currency, nor raise its own defence force. However, the federal parliament may only make laws for matters to which it has been specifically granted the ability to do so by Australia's Constitution. Therefore, the remaining powers remain the legal domain of each state parliament in turn. The Treasury Corporation of Victoria outlines that the Victorian Parliament's key responsibilities are: "education, public health, police and justice, transport, roads and railways, industry, mining and agriculture, public works, ports, forestry, electricity, gas, and water supply and irrigation".

The parliament may levy its own taxes, however, income taxes have been the exclusive domain of the federal government for decades. The state government's chief means of revenue (outside of grants from the federal government) comes from a combination of payroll taxes, stamp duties on housing and vehicles and a portion of the goods and services tax that is divided amongst all states.

The Parliament of Victoria is a bicameral legislature. It usually fulfils its legislative role by first proposing bills in the Legislative Assembly, and then reviewing them in the Legislative Council. Common practice is that the houses sit in staggered dates; the Assembly usually meeting first in order to pass bills that the Council later debates. These houses sit in separate chambers.

The parliament also has the ability to amend Victoria's constitution, although this power is subject to strict requirements. All sections must be passed by an absolute majority of each house (currently 45 in the Assembly and 21 in the council), regardless of how many members are present in the chamber.

Parliament undertakes investigative and research roles. Each house has a number of committees that investigate proposed laws in detail before they are considered by the whole house. They may be formed for research purposes or to seek community input. This function is assisted by the fact that committees include members of more than one political party. Some of the committee work is carried out by the Joint Committees which consist of members from all sides of politics and from both chambers. Like the parliament, the committees cease to exist when the parliament is dissolved by the governor, and need to be recreated after each general election. This means that often the names and jurisdiction of the committees are changed.

Conflict between the houses

The Victorian Parliament's process of resolving disputes between the two houses is modelled on the Australian Parliament's. However, the process also includes additional steps and modifications. A bill that is passed by the Assembly but rejected by the council, termed a "Disputed Bill" may be amended by the council and returned to the Assembly within 2 months. If the Assembly does not endorse the amendments then a dispute resolution committee may be formed. This process does not apply to ordinary appropriation bills, which need only pass the Legislative Assembly. The committee must consist of 7 members from the Assembly and 5 from the council, each appointed by their respective house. This committee is often formed following an election in anticipation of its usage later. The committee is given 30 days to resolve the dispute in secret and then present their compromise bill to Parliament.

Relationship with government

Parliament functions as the legislative branch of the Victorian level of government. It passes laws or amends existing laws to assist in the governance of the state on behalf the Victorian people, to whom Parliament is answerable through elections. Victoria uses a blend of statutory law and common law. The parliament makes statutory law while common law is decided by the judicial branch of government. The government follows the Westminster tradition of having an executive government whose members come from an elected legislature, a fact that is enshrined in Victorian law.

Governor

The monarch (King Charles III) is technically part of Parliament. The monarch's powers are exercised by the governor who is in turn appointed by the King on the advice of the premier.

The governor's role includes formally opening sessions of parliament with a speech outlining the government's legislative agenda. Victoria also has a lieutenant-governor to fulfil the functions of the office when the governor is otherwise unavailable.

The Labor Party has been in government since 4 December 2014, led by the premier and leader of the Labor Party in Victoria, Jacinta Allan.

The leader of the Opposition is Jess Wilson, who was elected as the leader of the Liberal Party on the 18th of November 2025. The Greens, the third biggest party in parliament, are led by Ellen Sandell; Sandell was elected leader on the 23rd of April 2024.

Parliamentary sovereignty

The sovereign authority of parliament in Australia exists because of three key factors that include constitutional provisions and dual federalism and monarchy. The Parliament of Victoria exercises its power within Commonwealth constitutional boundaries and receives and authorizations from the Crown. The Commonwealth Parliament has completed legislative authority in defined areas yet state legislation comes second to federal law when both governments exercise concurrent powers. The constitutional system of Victoria differs from the Commonwealth Constitution because it grant Parliament the power to direct both the executive branch and judicial system. According to the Charter the power of future Parliaments remains free to alter or eliminate legislation passed by previous Parliaments.

The Victorian Constitution underwent amendments in 2003 that established requirements for public voting on electoral system adjustments as well as public official independence modifications. Legal experts believe the previsions for constitutional change lack enforcement power because the doctrine of parliamentary supremacy enables legislative modifications through basic parliamentary majorities. In June 2020, the Victorian Independent Remuneration Tribunal announced Victorian MPs would receive no increase in salaries for the financial year 2020–21.

Office holders such as the president, speaker, ministers and party leaders receive additional salary on top of the base salary. The premier is paid an additional 100 percent of the base salary; the leader of the Opposition and government ministers an additional 75 percent; the president and speaker an additional 65 percent.

Members are also entitled to receive various allowances for travel and work costs. Members representing non-Melbourne electorates are also entitled to a second home allowance.

Prior to 1870 only ministers and office holders were provided with a salary. This in effect meant that members had to be wealthy enough to support themselves before seeking election to Parliament. In 1870 the Victorian Parliament provided for the reimbursing of members in relation to their expenses in attending Parliament, in effect the first salary for members of the Victorian Parliament. At first passed as temporary measure, it later became permanent. The act provided for a payment of £300 p.a. to those who did not already receive a salary. This value is difficult to place in a modern context, due to Australia's conversion to a decimal currency and the smaller economy of the time. This salary would equate to approximately $35,000 in 2018 dollars based on inflation, but could be as much as approximately $340,000 when measuring it as a relative income of the time.