Evolution of the Parliament of Tasmania

Until 1812 the colony of Van Diemen's Land was divided into two counties and administered separately from Sydney. Van Diemen's Land became a colony under its own administration on 3 December 1825. The colony was administered by the Lieutenant-Governor and a unicameral (one house) Parliament with six members, known as the Legislative Council.

In 1856 the name of the colony was changed to Tasmania. In the same year responsible government was established and the present bicameral (two house) Parliament met for the first time.

The system of responsible government comes from the British Westminster tradition and is made up of:

• A head of state, who represents the monarch (Her Majesty Queen Elizabeth II). In Tasmania this is the Governor  of Tasmania.
• An elected Parliament. In Tasmania this is the House of Assembly (lower House) and the Legislative Council (upper House).
• A Government formed by the political party or coalition with majority support in the lower house. The Tasmanian Government must maintain the support (‘confidence’) of the majority of the House of Assembly to remain in power.
• A Premier, who leads the Government.
• A Ministry, made up of members of Parliament who have executive power and are responsible to the Parliament. In Tasmania, all Ministers are in the Cabinet. Most Ministers are in the House of Assembly.
• An independent Judiciary.

A key principle of this system is the separation of powers between the three branches of government:

• The Legislature: the Parliament, which makes and changes the law.
• The Executive: the Governor, Premier and Ministers, who action the law (served by government departments and agencies).
• The Judiciary: the courts, which interpret and apply the law.

The separation of powers makes sure that no single group has all the powers of government.

The Tasmanian Parliament has consisted of two Chambers - the Legislative Council (upper House) and the House of Assembly (lower House) - since responsible government was formed in 1856.

The House of Assembly is the House of government and the Party that has the support of the majority of Members in this Chamber generally forms the State Government.

The Legislative Council is seen as a House of review. Its primary role is providing a check on, and balance to, the lower House by providing additional scrutiny of legislation and decisions of the Government-dominated House of Assembly.

Bicameral colours

Each House has traditional colours: red for the Legislative Council,  and green for the House of Assembly. Red is said to be the royal colour while green may date from the time of Magna Carta in 1215, which was signed in the oak fields of Runnymede by King John, or from the original green paintwork at King Henry III's Westminster Palace where the first English Parliaments met.

Therefore in the Tasmanian Parliament the carpet is green in areas controlled by the House of Assembly while it is red when controlled by the Legislative Council.

Size of Parliament

The original size of the upper House was 15 Members over 30 years of age, and after various changes the present size is once again 15, with each Member elected from single-member divisions. The original lower House was made up of 30 members, from single-member electorates, and each Member had to be male and over 21 years of age.

The membership of the House of Assembly has fluctuated several times during its history but currently is 25, with 5 being elected from each of the five electorates.

In 2022 the Expansion of House of Assembly Bill (40 of 2022) was passed by the Parliament.  This Act increased the number of MPs in the House of Assembly to 35 at the 2024 election, restoring the numbers to pre-1998 levels with seven members being elected from each of the five electorates.

Size of the Parliament of Tasmania since responsible government

Constitutional position

Under section 45 of the Constitution Act 1934, 'the Council and the Assembly shall, in all respects, except as provided, have equal powers.' The only stipulated exceptions relate to money Bills, which may only originate (section 37) in the Assembly, and which the Council 'may not amend' (section 42).

Although unable to amend money Bills, the Council has the power under section 43 of the Constitution to return Bills that it may not amend requesting the Assembly to 'delete', 'amend' or 'insert' any item or provision. The Council also has the ultimate power to 'reject any vote, resolution, or Bill' (section 44) and has had this power so defined since 1926.

Constitutional change

The Tasmanian Constitution Act does not provide for referendums of the people before changes can be made. A simple majority vote in both Houses can effect change, except in the term of the House of Assembly. To alter this entrenched provision a two-thirds majority is required in the House of Assembly.

Joint sitting

The only time the bicameral Parliament sits as one is under section 15 of the Australian Federal Constitution which provides for the selection by the State Parliament of a replacement Member of the Senate, the 'States House' of the Federal Parliament.