Constitution of Victoria | |
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Overview | |
Jurisdiction | Victoria |
Date effective | 1 December 1975 |
System | parliamentary constitutional monarchy |
Government structure | |
Branches | |
Chambers | |
Executive |
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Judiciary | Supreme Court of Victoria and lesser courts |
Constitution Act 1975 | |
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Parliament of Victoria | |
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Citation | No. 8750 of 1975 |
Territorial extent | Victoria |
Enacted by | Legislative Assembly |
Enacted | 8 May 1975 [1] |
Enacted by | Legislative Council |
Enacted | 8 May 1975 |
Royal assent | 22 October 1975 [2] |
Commenced | 1 December 1975 |
Legislative history | |
First chamber: Legislative Assembly | |
Bill title | Constitution Bill |
Introduced by | Vernon Wilcox |
First reading | 9 April 1975 [3] |
Second reading | 15 April–1 May 1975 |
Committee of the whole | 1 May 1975 |
Third reading | 1 May 1975 |
Second chamber: Legislative Council | |
Bill title | Constitution Bill |
Member(s) in charge | Alan Hunt |
First reading | 1 May 1975 [4] |
Second reading | 6 [5] –8 May 1975 |
Committee of the whole | 8 May 1975 |
Third reading | 8 May 1975 [6] |
Final stages | |
Legislative Council amendments considered by the Legislative Assembly | 8 May 1975 |
Finally passed both chambers | 8 May 1975 |
Amends | |
The Constitution Act Amendment Act 1958 (No. 6224) Solicitor-General Act 1958 (No. 6374) Supreme Court Act 1958 (No. 6387) | |
Repeals | |
Victorian Constitution Act 1855 (No. 184 of 1855, UK) | |
Amended by | |
120+ amendments | |
Keywords | |
constitution | |
Status: Amended |
The Constitution of Victoria is the constitution of the state of Victoria, Australia. The current constitution, the Constitution Act 1975 has been amended over 120 times.
Since 1901, Victoria has been a state of the Commonwealth of Australia, and its relationship with the Commonwealth is regulated by the federal Constitution of Australia. The jurisdiction of the Parliament of Victoria to make laws and the laws of Victoria are subject to limitations imposed by the Australian Constitution.
The Constitution is based on principles of the Westminster system of responsible government, as modified due to Victoria being a state within a federation of Australia.
The original Constitution of Victoria was drafted and approved in Melbourne in March 1854 by the first Victorian Legislative Council, and sent to the United Kingdom for assent. It was received in London in May 1854 and, after some opposition and delay, [7] was approved (with some amendments) as an Act of the British Parliament in 1855. [8] It was passed by the United Kingdom Parliament as the Victoria Constitution Act 1855, was granted Royal Assent on 16 July 1855 and was proclaimed in Victoria on 23 November 1855. [9] [10] The Constitution established the Westminster-style system of responsible government. [11]
The 1855 Constitution, though an Act of the British Parliament, could be and was amended by the Victorian Parliament from time to time. Changes have included parliamentary membership numbers, voter eligibility, payment of members, voting methods, size of the ministry, electorate numbers and the powers and responsibilities of the Legislative Council and the Legislative Assembly, besides other matters.
In 1901, the Australian colonies, including Victoria, formed the Commonwealth of Australia which was constituted by the Australian Constitution. The jurisdiction of the Victorian Parliament to make laws and the laws of Victoria became subject to limitations imposed by the Australian Constitution.
On 22 October 1975 the Hamer Government proclaimed a new Constitution as an Act of the Parliament of Victoria [12] to replace the 1855 Constitution.
In 2003, the 1975 Constitution was amended to entrench certain provisions, such as the representation of Victorian voters in Parliament, by requiring amendments to those provisions to require a referendum. [13] The 2003 amendments also provided for fixed-four year terms for both Houses, election of the Legislative Council by proportional representation, removal of the council's power to block a supply bill (the budget) and a dispute resolution process for bills for which agreement between the houses cannot be reached.
During the 2022 Victorian state election Labor Premier Daniel Andrews committed to amending the state's constitution to protect public ownership of the revived State Electricity Commission if re-elected, to make it harder, although not impossible, for it to be privatised again in the future. [14] [15] Re-privatising the commission after such legislation would require a "special majority" of 60% of both the Legislative Assembly and Legislative Council, [16] a situation which already exists for any potential privatisation of water services in Victoria under the Constitution of Victoria. [17]
The Australia Act 1986 is the short title of each of a pair of separate but related pieces of legislation: one an act of the Parliament of Australia, the other an act of the Parliament of the United Kingdom. In Australia they are referred to, respectively, as the Australia Act 1986 (Cth) and the Australia Act 1986 (UK). These nearly identical Acts were passed by the two parliaments, because of uncertainty as to whether the Commonwealth Parliament alone had the ultimate authority to do so. They were enacted using legislative powers conferred by enabling acts passed by the parliaments of every Australian state. The acts came into effect simultaneously, on 3 March 1986.
The Victorian Legislative Assembly is the state lower house of the bicameral Parliament of Victoria in Australia; the state upper house being the Victorian Legislative Council. Both houses sit at Parliament House in Spring Street, Melbourne. The main colour used for the upholstery and carpets furnishing the Chamber of the Legislative Assembly is green.
The Victorian Legislative Council is the upper house of the bicameral Parliament of Victoria, Australia, the lower house being the Legislative Assembly. Both houses sit at Parliament House in Spring Street, Melbourne. The Legislative Council serves as a house of review, in a similar fashion to its federal counterpart, the Australian Senate. Although it is possible for legislation to be first introduced in the Council, most bills receive their first hearing in the Legislative Assembly.
The Parliament of Victoria is the bicameral legislature of the Australian state of Victoria that follows a Westminster-derived parliamentary system. It consists of the King, represented by the governor of Victoria, the Legislative Assembly and the Legislative Council. It has a fused executive drawn from members of both chambers. 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 National Assembly is one of the two components of the Parliament of Guyana. Under Article 51 of the Constitution of Guyana, the Parliament of Guyana consists of the president and the National Assembly. The National Assembly has 65 members elected using the system of proportional representation. Twenty five are elected from the ten geographical constituencies and forty are awarded at the national level on the basis of block votes secured, using the LR-Hare Formula as prescribed by the elections Laws (Amendment) Act 15 of 2000.
Laws regarding euthanasia or assisted suicide in Australia are matters for state and territory governments. As of June 2024 all states and the Australian Capital Territory have passed legislation creating an assisted suicide and euthanasia scheme for eligible individuals. These laws typically refer to the practices as "voluntary assisted dying".
The Australian state of Victoria is regarded as one of the country's most progressive jurisdictions with respect to the rights of lesbian, gay, bisexual, and transgender (LGBTQ) people. Victoria is the only state in Australia that has implemented a LGBTIQA+ Commissioner.
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The rights of lesbian, gay, bisexual, and transgender (LGBT) people in the Australian state of South Australia are advanced and well-established. South Australia has had a chequered history with respect to the rights of LGBT people. Initially, the state was a national pioneer of LGBT rights in Australia, being the first in the country to decriminalise homosexuality and to introduce a non-discriminatory age of consent for all sexual activity. Subsequently, the state fell behind other Australian jurisdictions in areas including relationship recognition and parenting, with the most recent law reforms regarding the recognition of same-sex relationships, LGBT adoption and strengthened anti-discrimination laws passing in 2016 and going into effect in 2017.
The principles of the current Constitution of South Australia, also known as the South Australian Constitution, which includes the rules and procedures for the government of the State of South Australia, are set out in the Constitution Act 1934. Its long title is "An Act to provide for the Constitution of the State; and for other purposes".
Local government in the Australian state of Victoria consists of 79 local government areas (LGAs). Also referred to as municipalities, Victorian LGAs are classified as cities (34), shires (38), rural cities (6) and boroughs (1). In general, an urban or suburban LGA is called a city and is governed by a City Council, while a rural LGA covering a larger rural area is usually called a shire and is governed by a Shire Council. Local councils have the same administrative functions and similar political structures, regardless of their classification.
Women's suffrage in Australia was one of the early achievements of Australian democracy. Following the progressive establishment of male suffrage in the Australian colonies from the 1840s to the 1890s, an organised push for women's enfranchisement gathered momentum from the 1880s, and began to be legislated from the 1890s. South Australian women achieved the right to vote and to stand for office in 1895, following the world first Constitutional Amendment Act 1894 which gained royal assent the following year. This preceded even universal male suffrage in Tasmania. Western Australia granted women the right to vote from 1899, although with racial restrictions. In 1902, the newly established Australian Parliament passed the Commonwealth Franchise Act 1902, which gave women equal voting rights to men and the right to stand for federal parliament. By 1908, the remaining Australian states had legislated for women's suffrage for state elections. Grace Benny was elected as the first female local government councillor in 1919, Edith Cowan the first state Parliamentarian in 1921, Dorothy Tangney the first Senator and Enid Lyons the first Member of the House of Representatives in 1943.
The Perth Agreement was made in Australia in 2011 by the prime ministers of what were then the sixteen states known as Commonwealth realms, all recognising Elizabeth II as their head of state. The document agreed that the governments of the realms would amend their laws concerning the succession to their shared throne and related matters. The changes, in summary, comprised:
Philip Dalidakis is a former Australian politician. He was a Labor member of the Victorian Legislative Council, representing Southern Metropolitan Region from 2014 until 2019.
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On 29 November 2017, Victoria became the first Australian state to pass legislation allowing assisted suicide. The law gives anyone suffering a terminal illness, with less than six months to live, the right to end their life. The law had an 18-month implementation period, and came into effect on 19 June 2019.
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