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House of Assembly - Fifty-First Parliament, Second Session (51-2)
2008-03-06 Daily Xml
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CONSTITUTION (LEGISLATIVE COUNCIL REFORM) AMENDMENT BILL

Introduction and First Reading

The Hon. R.B. SUCH (Fisher) (10:32): Obtained leave and introduced a bill for an act to amend the Constitution Act 1934; and to make a related amendment to the subordinate legislation Act 1978. Read a first time.

Second Reading

The Hon. R.B. SUCH (Fisher) (10:32): I move:

That this bill be now read a second time.

Members who are perceptive (as I am sure all members are) would recognise that this is a reintroduction, following the proroguing of parliament, of a bill and a companion bill relating to the reform of the Legislative Council. I am not one who advocates the abolition of the upper house. I think anyone who suggests that or puts it to the people will find that the proposition will be soundly defeated. I think that what needs to happen in relation to the Legislative Council, among other things, is some basic reforms; two of them are contained in this bill.

The first provides that the term of office of members of the Legislative Council should be the same as ours, that is, four years. The bill provides for transitional arrangements to deal with that particular aspect. The essential argument in relation to the first part of this bill is that I do not believe that we will see the abolition of the Legislative Council, and nor should we.

The Hon. M.J. Atkinson: A pity!

The Hon. R.B. SUCH: The Attorney says 'a pity'. We need to reform the Legislative Council. I might also suggest—although it is outside the scope of this bill—that we need to reform ourselves in here as well, but that is a different issue for a different day.

Mr Pengilly interjecting:

The Hon. R.B. SUCH: Reform and perform. The first part of this bill is fairly simple. It would give legislative councillors the same term as members here: four years. I know that the Attorney probably aspires to eventually be in the upper house and, no doubt, has that on his agenda.

The second part of the bill is equally important, if not more so. What is commonly called the house of review—the Legislative Council—would not be able to block bills from this house. It would be able to delay bills, initially for up to 45 sitting days. If it did not then concur with the House of Assembly, or if it put up amendments which were unacceptable to the House of Assembly, the bill would come back here. We would process it again and, after 30 sitting days, in effect, the so-called second bill as passed by this house would be taken as a bill having passed both houses of parliament.

In effect, the Legislative Council would be able to delay a measure but not block or veto it. There is a sound reason for that: if for some reason we got carried away in this place and passed an unfortunate law, it would give the Legislative Council, the public and the media an opportunity to reflect on what we had done in this house, and if there was a public outcry based on sound judgment, obviously there would be cause for this house to reflect on what it had done.

So, it does have a safety measure in it, unlike the situation in Queensland, which has one house that passes something—and that is it, if the Governor signs it into law. Here we could pass a law or put through a bill and it would be subject to delay in the Legislative Council. If that chamber then rejected it and any subsequent amendments, the measure would come back to us and be classified as having passed both houses. These two measures are sensible. I know that the Premier is committed to reforming the Legislative Council.

I am not sure of the current position of the government or, indeed, of the opposition in relation to reforming the Legislative Council, but I would urge the government to proceed down the path of reform rather than seeking abolition, because I do not think that would be achievable or desirable. I commend the bill to the house as it is sensible, reasonable and has transitional provisions which members can read, and I trust that the house will give it due consideration. I seek leave to have the detailed explanation of the clauses inserted in Hansard without my reading it.

Leave granted.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

3—Amendment provisions

These clauses are formal.

Part 2—Amendment of Constitution Act 1934

4—Amendment of section 5—Powers of the Parliament

5—Repeal of section 10

These clauses are consequential to proposed new section 41.

6—Amendment of section 13—Casual vacancies

This clause is consequential to proposed new section 14.

7—Substitution of sections 14 and 15

This clause deletes the current sections 14 and 15 and substitutes a new provision as follows:

14—Term of Legislative Councillors

Proposed section 14 provides for the term of office of members of the Legislative Council to be the same as for members of the House of Assembly.

8—Amendment of section 25—Continuance of President in office after dissolution or retirement

This clause is consequential to proposed new section 14.

9—Amendment of section 28A—Early dissolution of House of Assembly

This clause is consequential to proposed new section 41.

10—Amendment of section 38—Privileges, powers etc of Council and Assembly

This clause is consequential to proposed new section 41.

11—Substitution of section 41

This clause substitutes a new section 41 as follows:

41—Resolution of disputes as to Bills

The proposed new section sets out a new scheme for the resolution of deadlocks in relation to Bills originating in the House of Assembly. If—

(a) a Bill that has originated in the House of Assembly is passed by that House (referred to as the 'first Bill') and within 45 sitting days after being transmitted to the Legislative Council (or a longer period resolved by the House of Assembly), the Legislative Council rejects or fails to pass the Bill, or passes it with amendments to which the House of Assembly will not agree; and

(b) a second Bill that is the same as the first Bill is then introduced into, and passed by, the House of Assembly (with any amendments of a kind described in proposed subsection (2)) and within 30 sitting days after being transmitted to the Legislative Council (or a longer period resolved by the House of Assembly), the Legislative Council rejects or fails to pass the second Bill, or passes it with amendments to which the House of Assembly will not agree,

The second Bill, as passed by the House of Assembly (with any amendments of a kind described in proposed subsection (3)) will be taken to be a Bill that has passed both House of Parliament and may be presented to the Governor for assent (subject to sections 8 and 10A of the Constitution Act 1934 if those sections are relevant).

12—Amendment of section 57—Restoration of lapsed Bills

This clause is consequential to the scheme in proposed new section 41.

Schedule 1—Related amendments and transitional provisions

Part 1—Related amendment to Subordinate Legislation Act 1978

1—Amendment of section 10—Making of regulations

2—Substitution of section 10AA—Commencement of regulations

3—Repeal of section 10A

These clauses remove the power of the Parliament to disallow a regulation that has been laid before the Parliament.

Part 2—Transitional provisions

4—Term of office members elected before commencement

This clause provides that the amendments do not affect the term of office of a member of the Legislative Council elected in March 2006 but, if the measure is approved at a referendum held on the day of a general election, would affect the term of office of a member of the Legislative Council elected on that day.

5—Powers of Legislative Council in relation to Bills

This clause provides that proposed new section 41 would apply to all bills introduced into the Parliament after its commencement.

Debated adjourned on motion of Mrs Geraghty.

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