The NSW Legislative Council has three main functions: to represent the people, to legislate and to scrutinise the executive government as a ‘House of review’.
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Find out more about the Council's role undertaking these functions:
1. Representing the people
The Legislative Council offers an alternative form of representation for the people of New South Wales, complementing the NSW Legislative Assembly . Council members are elected to serve eight-year terms, utilising a system of proportional representation, with the entire State considered a single electorate. In contrast, the Legislative Assembly is composed of 93 members, each elected for four years from distinct local electorates, using optional preferential voting.
Owing to this alternative system of election, the Council is typically comprised of members from a range of political parties, reflecting the proportion of votes each party receives. The Assembly, however, is more commonly populated by representatives from the two principal political groups. Consequently, the Council is characterised by greater diversity, encompassing a broader spectrum of opinions and views. Such diversity enhances the democratic nature of Parliament and ensures that it more accurately reflects the interests and perspectives of the people of New South Wales.
2. Making laws
Both Houses of the NSW Parliament share equal power when it comes to making laws, except for some money bills. The Legislative Council can amend, reject, or choose not to pass any bill that the Assembly puts forward. This means the government must get approval from both Houses, not just the Legislative Assembly, before it can pass its legislative agenda.
Requiring legislation to be passed by both Houses protects against a government with strong control in the Lower House from pushing through extreme measures that lack broad community support. It also allows for more consultation on proposed laws and gives a chance to make amendments when needed.
The Council can also start its own legislation. This means it is not limited to bills brought by the government. In recent years, several significant laws have started in the Legislative Council, initiated by members who are not part of the government.
3. Scrutinising the Executive Government as a ‘House of review’
The Legislative Council serves as a ‘House of review’ by closely examining the actions of the Executive Government and ensuring it is held accountable. Although the government is formed by the party or coalition with the most seats in the Lower House, the system of responsible government in New South Wales makes the government answerable to the Upper House as well. In practice, strict party control means the executive government often dominates the Lower House. This gives the Council an important role in overseeing government actions. The Council’s ability to perform this oversight has grown stronger since 1988, since when no government has held a majority in the Council. This lack of control has led to more scrutiny and greater activity by the Council in its review role.
The Council carries out its review functions through several mechanisms, including a comprehensive committee system, the annual Budget Estimates inquiry, the examination of legislation, orders for the production of state papers, and the questioning ministers during Question Time.
Electing the NSW Legislative Council
The 42 members of the Legislative Council are elected according to a system of proportional representation, with the entire State acting as a single electoral district. Periodic Council elections are held at the same time as the general election for the Legislative Assembly, which take place every four years.
Find out more about how Legislative Council elections work:
