The Legislative Assembly of New South Wales was established in 1856 with the introduction of Responsible Government, where the government is drawn from and responsible to the Parliament. It is the House where the Government is formed and where the Premier of NSW sits. The Legislative Assembly's special role stems from its representative nature, it being directly elected by the people since its inception.
The Legislative Assembly has the following main functions: to represent the people of NSW; to form the Executive Government; "to make laws for the peace, welfare and good government of NSW" [1]; to consider the Government's requests for money; and to scrutinise the Government.
Representing the people
NSW is divided into 93 electorates, with one Member elected to represent each electorate. Members of the Assembly are elected for four year terms under a system of 'Optional Preferential Voting'[2].
As representatives of their electorates, it is the role of Members to raise issues that concern their constituents and communities in the Parliament. There are a number of ways that Members can do this, including by taking advantage of Private Members Statements and Community Recognition Statements. Private Members' Statements are five-minute statements about a matter of concern to the Member's electorate or constituents. Community Recognition Statements are one-minute statements congratulating or acknowledging the achievements of people or groups in their community.
Members are also able to present petitions on behalf of their constituents to the Parliament. Petitions allow members of the public to have their issues placed before Parliament, helping to raise awareness of their concerns. While a petition will make a request for action, it cannot compel the Parliament to take any action.
Forming the Executive Government
The leader of the party or parties that has a majority of Members elected to the Legislative Assembly is commissioned by the Governor to form the Executive Government. The Executive Government remains in office for as long as it commands the confidence of the Legislative Assembly. By convention the Premier is a member of the Legislative Assembly.
Making laws
The Parliament makes laws by passing bills. A bill is a proposed law that is presented to a House of Parliament. In a bicameral Parliament, such as the NSW Parliament, a bill must pass through both Houses in the same form and be assented to (or approved) by the Governor for it to become an Act. The exception to this is bills that appropriate money for the ordinary annual services of the Government (such as the annual Budget), which may be sent to the Governor for assent even if the Legislative Council does not pass them.
Bills may be introduced in either the Legislative Assembly or the Legislative Council, although bills which appropriate money or impose taxes ('money bills') can only be initiated in the Assembly.
Ministers introduce Government bills as part of the Government's legislative program, while Private Members' bills can be introduced by any other Member.
The majority of bills that are passed by the Parliament are Government bills.
Approving the Government's requests for money
The Legislative Assembly is responsible for considering the Government's requests for money. The NSW Constitution requires Money bills to be introduced in the Legislative Assembly. Additionally, only the Government can introduce Money provisions in the Legislative Assembly, unless those provisions are accompanied by a message from the Governor of NSW.
Scrutinising the Executive Government
The Legislative Assembly also plays an important role in scrutinising the activities of the Government. Members of the Legislative Assembly do this by:
- Moving and debating bills and motions;
- Asking questions of Ministers (either written questions or oral questions asked during Question Time);
- Serving on parliamentary committees that examine and report on a wide-range of matters;
- Examining documents that are required to be tabled in the Assembly, such as annual reports of government departments and agencies.
[1] Section 5 of the Constitution Act 1902 (NSW).
[2] Optional Preferential Voting is the method of voting whereby a voter indicates an order of preference for the candidates on the ballot paper. For more information on Optional Preferential voting, see the NSW Electoral Commission website.
