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The Parliament of New South Wales is the oldest democracy and the first parliament in Australia. The Parliament is directly elected by the people to make state laws, control state finances, and discuss matters of importance to the people of New South Wales.

Of Australia’s three levels of government – Federal, State and Local – the States are responsible for most the decisions that effect the everyday lives of Australians. They are in charge of such areas as education, health, transport, roads, police, planning, and housing, and share responsibility for many others. Traditionally the Federal Government was given power or jurisdiction over the portfolios that the states agreed were necessary or more advantageous to act in cooperation with each other- such as defence, foreign affairs, trade, and economic policy.

The Parliament of New South Wales is made up of two Houses, or Chambers, called the Legislative Assembly and the Legislative Council. Any piece of legislation that is created must be passed by a majority in both Houses.

The Legislative Assembly, or Lower House, is made up of 93 members who represent 93 roughly equal areas of New South Wales based on population. Members of the Legislative Assembly are elected every four years.

Members of the Legislative Assembly are usually members of one of the major political parties (ALP, Liberals or Nationals), as an elected member requires the support of at least one half of voters in any one electorate once preferences are distributed. Seven independent members also represent electorates in the Legislative Assembly.

Following a general election a Government is formed by the party with the majority of support in the Legislative Assembly. The Premier and most of the Ministers are members of the Legislative Assembly so most bills and government business are introduced here.

The Legislative Council, or Upper House, by contrast is constituted by 42 members elected by the voters of the entire state. At each general election every four years 21 members are elected, giving each a total eight year term. Because the entire state votes for Legislative Councillors the required vote to be elected is not a majority as in the Lower House, but a quota (which is approximately 4.76% of all votes casted state-wide).

This means that a number of minor parties can get members elected to the Legislative Council, provided they have enough state-wide support. It also allows for an important and powerful ‘third force’ to exist in Parliament, to keep particularly the Government but also the Opposition in check. It also provides an opportunity for minority voices to be heard and represented in Parliament.

As the Legislative Council is also know as the ‘house of review’, the most important function of the Legislative Council is to revise, amend or block Government legislation passed easily in the Lower House, so as to provide the best possible outcome for the people of New South Wales. Not since 1988 has a Government had a majority in the Upper House, and this means that any legislation passed must gain either gain the support of the Opposition or some portion of the cross-bench. This is the collective term for the minor parties and independents in the Legislative Council.

Given the incredible diversity of opinions and political ideologies found amongst the cross-bench members of the Legislative Council often they do not vote together or with one voice, but however when they do it makes a powerful political statement. For instance in 2005 all cross-bench members called on the Premier on New South Wales not to water-down smoking regulations to be introduced in pubs and clubs.

From a historical perspective, the convict colony of New South Wales was exclusively administered by a Governor on behalf of the British Monarch and the Colonial Office in London from 1788 until August 1824 when, with many free settlers living in the colony, a 5-member Legislative Council was established to assist the Governor in a first step towards democratic government in Australia.

In 1829 the enlarged Legislative Council began to meet in the Chief Surgeon’s Quarters and from that time this site has remained the centre of the NSW Legislature. In 1843 what is now the Legislative Assembly Chamber was built on the site, however at the time it was built for use by the Legislative Council. It was not until 1856 that the bicameral (two-house) system of Government was introduced, and the new Legislative Assembly moved into the existing Council Chamber.

For the vacanted Legislative Councillors the decision was make to built a brand new Chamber from a prefabricated iron building in Melbourne, Victoria. The building, made in England, had been shipped to Melbourne and was originally intended for use as a church on the gold fields at Bendigo. Built between March and May 1856, the building was not entirely completed by the official opening of the first bicameral Parliament on 22 May 1856.