Constitutional Requirements for Queensland to Become Bicameral

In 2001 Queensland collapsed its old westminster style of multiple acts and bills into a single constitutional document . The Queensland government did not take the opportunity to innovate and instead followed NSW's and Victoria's example by making a standard Australian style constitutional westminster system. Queensland did so as a unicameral parliamentary system as the Legislative Council had been shed in 1922. So what constitutional requirements does Queensland have to follow to get it back?

The Labor Party has had a history of wanting to abolish the Legislative Councils. The only one that they were successful in abolishing was Queensland's upper house. Labor held a referendum in 1917 to abolish the upper house which failed.

In 1921 when the Governor was absent, the Premier appointed a former Labor parliamentarian to Lieutenant-Governor who promptly appointed fourteen Labor Legislative Councillors - the upper house being appointed, not elected.

Legislation was then passed to the Legislative Council to abolish it. The legislation was supported by Country Party councillors who sought to turn the upper house into an elected body. Queensland has been unicameral ever since.

Just to make sure a Queensland Legislative Council didn't come back in a hurry the Labor Party passed legislation in 1934 which required a referendum. This act was absorbed into the Queensland Constitution of 2001 [pdf] :

Parliament not to be altered in the direction of re-establishing the Legislative Council or other body except in accordance with this section

(1) The Parliament of Queensland (or, as sometimes called, the Legislature of Queensland), constituted by His Majesty the King and the Legislative Assembly of Queensland in Parliament assembled shall not be altered in the direction of providing for the restoration and/or constitution and/or establishment of another legislative body (whether called the "Legislative Council," or by any other name or designation, in addition to the Legislative Assembly) except in the manner provided in this section.

(2) A Bill for any purpose within subsection one of this section shall not be presented to the Governor for the reservation thereof for the signification of His Majesty's pleasure, or for the Governor's Assent, or be in any other way assented to, until the Bill has been approved by the electors in accordance with this section.

(3) On a day not sooner than two months after the passage of the Bill through the Legislative Assembly, the question for the approval or otherwise of the Bill shall be submitted to the electors qualified to vote for the election of members of the Legislative Assembly according to the provisions of "The Elections Acts, 1915 to 1932," or any Act amending the same or in substitution therefor. Such day shall be appointed by the Governor in Council.

(4) When the Bill is submitted to the electors the vote shall be taken in such manner as the Legislature prescribes.

(5) If a majority of the electors voting approve the Bill, it shall be presented to the Governor for the reservation thereof for the signification of His Majesty's pleasure.

(6) The provisions of this section shall extend to any Bill for the repeal or amendment of this section.

It should be noted, like the NSW Constitution, the Queensland Constitution is a statutory one with only certain sections being entrenched and requiring referendums to be modified. The re-establishment of a Legislative Council is one of those cases.

Presumably Attachment 3 of the constitution can be removed by a statutory act or amendment, but I suspect the present unicameral executive (and past ones) don't mind the appearance of a unicameral system being constitutionally entrenched.

Permalink, Constitutional Requirements for Queensland to Become Bicameral, Dec 2006, cam

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