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The legislatures of the Australian states and territories all follow the Westminster model described in the Australian electoral system. When the Australian colonies were granted responsible government in the 19th century, their constitutions provided for legislative assemblies (lower houses) elected by the people from single-member constituencies, with all adult males able to vote. This was considerably more democratic than the system which existed in the United Kingdom at that time. To balance this democratic element, however, the legislative councils which had existed before responsible government were retained as upper houses, whose members were either nominated by the Governor or elected on a restricted franchise. This ensured that the upper houses were dominated by representatives of the wealthy. The Legislative Council of Queensland was abolished in 1922, while direct elections on a broad franchise were introduced for the Legislative Councils of the other States in the 20th century. The Parliaments of the Australian Capital Territory and the Northern Territory consist of a single House, because they are governed directly by the federal government.
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Australian Capital Territory
Elections in the Australian Capital Territory are conducted by the Australian Capital Territory Electoral Commission.
New South Wales
Elections in New South Wales are conducted by the New South Wales Electoral Commission as prescribed in the Constitution Act, 1902 (NSW).
Legislative Assembly
The New South Wales Legislative Assembly has 93 members elected for four-year terms in single-member electoral districts. The method of election is optional preferential voting, (also known as instant run-off voting). The voting system is the same as for the federal House of Representatives except that New South Wales has optional preferential voting. This means that while voters may number every candidate if they wish, their vote is still formal if they choose not to. They may vote for one candidate only, or for as many candidates as they choose, provided that they number them in correct sequence.
The electoral boundaries are determined by the NSW Electoral Commission using a distribution process which provides for an approximate equal number of electors in each electoral district; with a margin of allowance of plus or minus 10% of the average enrolment. The Electoral Commissioner, a Judge of the Supreme Court and the Surveyor-General review and consider advice prior to determining the electoral boundaries. Electoral boundaries are reviewed after every second election or more frequently, when required under legislation.
Legislative Council
The New South Wales Legislative Council has 42 members elected for eight-year terms, one-half of the body being elected every four years, using the single transferable vote method, a form of preferential voting for use with proportional representation. The NSW constitution requires voters to express preferences for at least 15 candidates on the ballot – either through numbering individual candidates or at least one group voting ticket – however preferences after this point are optional.
Since its formation in 1855, the Council has had three different methods of election (or appointment).
- From 1855 to 1933 its members were appointed by the Governor, and the Council had no fixed size. In the early part of this period the Governor exercised a personal discretion in appointing members, but once the convention became established that the Governor acted only on the advice of the Premier, this meant that the Council was in effect appointed by the Premier.
- By the 1920s this was felt to be undemocratic and undesirable, so in 1933 the method of choosing members of the Council was changed by referendum. From 1933 to 1978, the Council consisted of 60 members, chosen for 12-year terms by single transferable vote in a secret ballot of both Houses of the Parliament (all Members of the Legislative Assembly and the 45 non-retiring Members of the Legislative Council). One-quarter of the members of the Council (15 of 60) came up for re-election every three years. This meant in practice that the party composition of the Council reflected that of the Assembly, with a lag of some years.
- In 1978 Neville Wran's Labor government reformed the Council, again by referendum. Since that time the Council has been elected by the people by proportional representation, with the whole state voting as one electorate. Voting was preferential as well as proportional. The size of the Council was reduced to 45 members, serving nine-year terms, with one third of the members coming up for election every three years.
When the term of the Legislative Assembly was extended from three years to four in 1984, terms of the Council were consequently extended to twelve years. At another referendum in 1991, the membership of the Council was reduced again to its current size, and the current system of eight-year terms, with elections every four years, was introduced. The existence of the Legislative Council, its powers, and fixed four-year terms for both houses are all entrenched in the NSW Constitution Act, and none can be changed except by referendum.
Council elections use "above the line" ballot papers, but a vote above the line equates to voting for candidates in one group – there are no group voting tickets as there are in the Australian Senate, South Australia, Victoria and Western Australia.
Nomination
Nomination as a candidate requires the following:
Legislative Assembly
The Northern Territory Legislative Assembly has 25 members elected for four-year terms from single-member constituencies under the same full preferential form of the Alternative Vote used for the House of Representatives. The Territory has never had an upper house.
Nomination
Nomination as a candidate requires the following:
Queensland
Elections in Queensland are conducted by the Electoral Commission of Queensland.
Legislative Assembly
From the next election, the Legislative Assembly of Queensland will have 93 members elected for fixed four-year terms from single-member constituencies using full-preferential voting. The Queensland Legislative Council, which consisted of members nominated by the Governor, was abolished by a Labor government in 1922.
Queensland has used the alternative vote since 1962. It used the 'first past the post' (plurality) system from 1860 to 1892. From then until 1942 an unusual form of preferential voting called the contingent vote was used. In 1942 the plurality system was reintroduced until it was replaced in 1962 by the 'full preferential' form of the alternative vote. From 1992 until 2016 the optional preferential system was used.
Nomination
Nomination as a candidate requires the following:
South Australia
Elections in South Australia are conducted by the Electoral Commission of South Australia.
House of Assembly
The South Australian House of Assembly has 47 members elected under the preferential Instant-runoff voting (IRV) system. If on the count of primary or first preference votes (votes marked with the number '1'), no candidate achieves more than 50% of the vote, the candidate with the fewest votes is excluded and their votes distributed according to the next available preferences, their 2nd or 3rd choice candidate. This process of exclusion continues until one candidate achieves 50% of the vote.
In South Australia, unlike any other State, parties may submit group voting tickets for the Assembly. If a voter votes for just one candidate, the registered ticket is used for the remaining preferences.
Legislative Council
The South Australian Legislative Council has 22 members elected under the preferential single transferable voting system by group voting tickets. Voters can choose to vote for a ticket by placing the number '1' in one of the ticket boxes "above the line" or can vote for individual candidates by numbering all the boxes "below the line" (54 in the 2006 election). In above the line voting, ticket votes are distributed according to the party or group voting ticket registered before the election with the election management body. As most ballot papers are above the line, this form of voting often leads to pre-election trading between parties on how each party will allocate later preferences to other parties and candidates.
The independent Electoral Commission of South Australia, which conducts elections, is responsible for a mandatory redistribution of House of Assembly boundaries before each election to ensure one vote one value.
Like all other states and territories voting in South Australia is compulsory, however unlike other states initial enrolment is not compulsory so a voter could theoretically not be compelled to vote if they chose never to enrol.
Turnout rates are above 90%. Informal voting, which occurs when a voting slip is not valid, is at a rate of under 5%. Voting slips are informal when they are not filled out correctly, such examples are not numbering subsequent numbers, not filling out all the candidate boxes with numbers (except the last candidate), or in some other way that is verified by the State Electoral Office as illegible. South Australian elections have some features that are unique to the rest of Australia.
Parliaments have fixed four-year terms. The Electoral Act stipulates that the election campaign must run for a minimum of 25 days or a maximum of 55 days.
Nomination
Nomination as a candidate requires the following:
Tasmania
Elections in Tasmania are conducted by the Tasmanian Electoral Commission.
Legislative Assembly
The Tasmanian House of Assembly (the lower house) has 25 members, elected for four-year terms from five multi-member constituencies, each electing five members by STV proportional representation. Tasmania is the only State to use proportional representation to elect its lower house, although it is also used in the Australian Capital Territory. Tasmania uses a form of STV known as the 'Hare-Clark system', which was introduced in 1909. Casual vacancies are filled by the 'countback' method, which involves recounting the original ballot papers to elect one of the candidates who stood but failed to be elected in the last election.
Legislative Council
The Tasmanian Legislative Council (the upper house) has 15 members, each representing one of 15 electoral divisions. Elections are conducted on a 6-year periodic cycle. Elections for 3 members are held in May one year, with elections for 2 members held in May the following year and so on. Legislative Council elections use the same full preferential voting system used for the federal House of Representatives. Elections are held on the first Saturday in May each year.
Until recently Tasmania required voters to be residents of the State for at least six months before they were eligible to enrol and vote. This is no longer the case, bringing Tasmania into line with other states and the federal position.
Nomination
Nomination as a candidate requires the following:
Victoria
Elections in Victoria are conducted by the Victorian Electoral Commission. They are held on the last Saturday in November every 4th year. The last election was on 29 November 2014, and the next election will be held on Saturday, 24 November 2018.
Prior to the 2006 Victorian election, Victorian parliamentary elections could be held any time at the discretion of the government in the last year of their four-year term of office. This meant that, in practice, the average period between elections was somewhat less than the maximum four years.
Legislative Assembly
The Victorian Legislative Assembly (lower house) has 88 members elected from single-member electorates (districts) under a preferential voting system, the same system used for the federal House of Representatives.
Legislative Council
The Victorian Legislative Council (upper house) has 40 members, with 5 members elected from each of the 8 regions. Five regions are urban (Eastern Metropolitan Region, Northern Metropolitan Region, South Eastern Metropolitan Region, Southern Metropolitan Region, and Western Metropolitan Region) and three are non-urban (Eastern Victoria Region, Northern Victoria Region and Western Victoria Region). A proportional voting system is used, with each member requiring a quota of the vote to be elected.
In 2003, the Bracks government changed the method of electing members of the Legislative Council. Before 2006, the Council had 44 members from 22 constituencies known as provinces, each elected for two terms at alternating elections.
Nomination
Nomination as a candidate requires the following:
Legislative Assembly
The Western Australian Legislative Assembly has 59 members elected for four-year terms from single-member constituencies under the alternative vote form of preferential voting. The voting system is the full preferential system used for the House of Representatives.
Legislative Council
From 1986 to 2009, the Western Australian Legislative Council had 34 members elected for four-year terms from six multi-member constituencies known as regions, by STV proportional representation. Four regions elect five members while two regions elect seven members. As in the Assembly, the regions are deliberately malapportioned in favour of country areas. Now, since the Legislative Council, elected on 6 September 2008 and commencing office on 22 May 2009, each region is represented by six members, making a total Council of 36.
A recount method is used to fill mid-term vacancies in the Legislative Council. All ballots from the original election are recounted, with preferences for the vacating member ignored. If a candidate not participating in the recount would be elected, the count is restarted and their preferences are also ignored, until a participating candidate is elected. This is slightly different from the "Countback" method used to fill vacancies in the Tasmanian House of Assembly. However, like the Tasmanian system, legislation provides for the ability to call a by-election if the party the vacating member stood for at the original election does not have any qualifying candidates – for instance, if all of their candidates at the original election were elected.
Nomination
Nomination as a candidate requires the following: