Office of Economic and Statistical Research discover more about historical Queensland Q150 Digital Books – Section Details Name: Queensland Past and Present: 100 Years of Statistics, 1896–1996 Section name: Chapter 4, Politics and Government, Section 2 Pages: 102–110 Printing Notes (Adobe Acrobat): For best results “Page Scaling” should be set to “Fit to Printable Area”. “Auto Rotate and Center” should also be checked. Licence for use: This document is licensed under a Creative Commons Attribution 2.5 Australia licence. To view a copy of this licence, visit http://creativecommons.org/licenses/by/2.5/au. You are free to copy, communicate and adapt the work, as long as you attribute the authors. Return to Q150 Collection:http://www.oesr.qld.gov.au/q150 http://creativecommons.org/licenses/by/2.5/au/ The State of Queensland 2009 QUEENSLAND PAST AND PRESENT PARLIAMENTARY GOVERNMENT The electoral system Under the 1856 New South Wales rules, subsequently consolidated in the Elections Act 1867, the franchise was restricted to males over the age of 21 years, who were natural-born or naturalised British subjects, who had resided in the colony for three years and in the electoral district for six months, and who owned real property of £100 value or leased real property paying £10 annually or held a pastoral lease, or had an annual salary of £100 or paid board and lodging at £40 a year or lodging at £10 a year.5 Plural voting was permitted if an elector met the property qualification in several districts, and the spread of a general election over several days made it more practicable to travel to several districts, even if few did. In 1872 manhood suffrage was attained, though plural voting using the old property qualifications remained, and issue of 'a voter's right', documentary proof of enrolment, was introduced only to be abolished in 1874 as a nuisance and an obstacle to voting. Extension of the franchise was relatively slow in Queensland because of obstruction by the nominated Legislative Council and lack of support in the property-influenced Assembly. Only after a much broader Commonwealth franchise had been introduced in 1902 did the Elections Acts Amendment Act 1905 enfranchise all British-born or naturalised subjects with 12 months' residence in the State, male or female, but it still retained the alternative of voting in a different district if the elector held property there (£100 freehold or £20 annual leasehold), a right which survived until 1915. The Elections Act 1885 also disqualified 'aboriginal natives of Australia, India, China and the South Sea Islands' from voting except on a freehold qualification, altered to 'of Australia, Asia, Africa, or the Islands of the Pacific' by the Elections Acts Amendment Act 1905. The Elections Acts Amendment Act 1930 restored the franchise to natives of British India and naturalised Syrians but disfranchised Torres Strait Islander persons and Aboriginal persons of mixed race subject to the control of the Protector of Aborigines. Eventually, the Elections Acts Amendment Act 1959 enfranchised Africans and Asians. The Elections Acts Amendment Act 1965 allowed voluntary enrolment of Aboriginal and Torres Strait Islander persons and the Elections Act Amendment Act 1971 made their enrolment compulsory. The Elections Act and The Criminal Code Amendment Act 1973 reduced the minimum age for electors to 18 years. The Elections Acts Amendment Act 1914 made both enrolment and voting compulsory; enrolment had been compulsory for the separate Commonwealth roll since 1911 and voting became compulsory for federal elections in 1924. At the three elections prior to the introduction of compulsory voting, turnout had averaged 75.7%. At the three subsequent elections turnout rose only slightly, to 82.8%, and the next three to 86.7%, after which it always remained above 90% except for the wartime election of 1944. Originally, the boundaries of electoral districts were drawn by the government of the day and embodied in successive Electoral Districts Acts (1858, 1864,1872,1878 and 1887). The 1910 Act transferred the responsibility to three electoral commissioners appointed for the purpose of working under criteria laid down in the legislation and subsequently amended from time to time. Initially, in 1858, only the south-eastern part of the colony, inside a line from just south of Mackay to west of Roma, was divided into electoral districts. The 1864 Act extended that area to a line north of Winton and Cardwell, and the 1872 Act included the rest of the colony.6 Up 102 POLITICS AND GOVERNMENT Table 4.3 Electoral zones and districts, Queensland, 1949-1985 Vote value 24 28 13 10 Quota of voters (a) — number — 10,795 9,373 7,696 4,613 Metropolitan Provincial cities (b) Country 28 12 38 11,383 12,524 8,467 .10 .00 .48 South-eastern Provincial cities (b) Country Western and far northern 47 13 15 7 13,212 13,171 10,054 7,927 .00 .00 .31 .67 Electoral Districts Act 1971-77 South-eastern Provincial cities (b) Country Western and far northern 47 13 15 7 15,454 14,656 10,929 8,176 .00 .05 .41 .89 South-eastern Provincial cities (b) Country Western and far northern 51 13 17 8 19,357 18,149 13,131 9,386 1.00 1.07 1.47 2.06 Legislation Zone Electoral Districts Act 1949 Brisbane metropolitan South-eastern Northern Western Electoral Districts Act 1958 Electoral Districts Act 1971 Electoral Districts Act J985 Districts 1.00 .15 .40 2.34 (a) A tolerance of up to 20% plus or minus applied. However, in the case of the western and far northern zone, the Acts of 1971, 1971-1977 and 1985 provided that special treatment could be given to any electoral district in this zone and the quota might be departed from by more than 20%. (b) The provincial cities quotas have been calculated by averaging the quotas specified for each provincial city allocated to the zone. Source: Electoral Administrative Review Commission, Report on Queensland Legislative Assembly Electoral System, vol. 1, 1990, p. 127. to 1910 most urban electoral districts returned two members, but from the 1910 Act onwards only single-member districts existed. The Electoral Districts Acts and the redistributions drawn by commissioners after 1910 had usually given some weightage to rural areas generally and pastoral and remote mining areas in particular. The 1949 Act regularised the process by dividing the State into four zones with varying quotas for the districts in each (table 4.3). The 1958 Act reduced the number of zones to three, before the 1971 Act went back to four.7 The Electoral Act 1992 abolished zones, but made provision for weightage for the largest electoral districts exceeding 100,000 km2 in area. The Australian colonies followed the British method of voting, 'first past the post' or plurality. The Elections Act 1892 introduced optional preferential voting known locally as 'contingent' voting. It had very limited impact on election outcomes and was abandoned in 1942. The Elections Act Amendment Act 1962 restored preferential voting but on a compulsory basis. Requirement of a complete set of preferences was removed by the Electoral Act 1992 after which optional preferential voting—where an elector may record second and subsequent preferences if they wish but it is not obligatory to do so—has been used. Parliament Queensland alone among the six States has a single-chamber (unicameral) legislature as the consequence of abolishing its upper house, the Legislative Council. In four of the colonies the 103 QUEENSLAND PAST AND PRESENT Returning Officer W. H. Ryder and his staff counting referendum votes, Treasury Building, Brisbane, 1899. upper house converted to popular election, originally on a much narrower franchise than was used for the Assembly, and these were better protected against attack by reformers and, later, abolitionists. Salaries were introduced for Members of the Assembly in 1889, but Members of the Council remained unpaid. The Labor Party made abolition of the Council its policy in 1893 and the Ryan Labor Government elected in 1915 had promised action. A referendum on the question was held on 5 May 1917, the same day as a federal election, and failed 179,105 to 116,196. The Ryan Government then sought the appointment of an additional 13 members, ostensibly to ensure a quorum could be maintained for the conduct of business in the Council. Despite Labor's success at the 1918 State election Council obstruction continued, but the Governor refused to make additional appointments. When the Governor retired, the Speaker and former Labor Minister, William Lennon, was made Lieutenant-Governor to act and on 19 February 1920 he appointed another 14 members chosen by the Government. This gave the Government a 35-29 majority. At the 1920 election, at which abolition of the Council was an issue, Labor retained office only narrowly, but its opponents were now divided between the Country Party that wanted the existing Council replaced, and the Nationalists who wanted it retained. The necessary legislation to abolish it, the Constitution Act Amendment Act 1921, was carried 39-30 in the Assembly and 28-10 in the Council. The Council met for the last time on 27 October 1921.8 A subsequent Labor Government entrenched the abolition by providing that reintroduction of the Legislative 104 POLITICS AND GOVERNMENT Council would have to pass a referendum in the Constitution Act Amendment Act 1934. From time to time since then the possibility of restoring bicameralism has been raised, but no serious steps have been taken to reintroduce it. The Payment of Members Act 1889 replaced modest attendance allowances with a more generous annual salary, thereby opening membership more widely. An attempt in 1876 to introduce a bill 'for the payment of the expenses incurred by members of the Legislative Assembly in attending Parliament' did not proceed beyond the first reading. The Members Expenses Act 1886 (Old) allowed members to draw £2 2s for each sitting day they attended with a maximum of £200 a year. This annual limit was raised to £300 in 1889. Members' salaries were halved to £150 in 1892 by the Griffith Government,9 but soon returned to £300 (table 4.4). Provision of staff and other resources at Parliament House and at each Member's office in their electoral district, allowances which recognise the greater cost of representing large and remote districts, and salaries which have kept pace with inflation, have assisted members to meet extended responsibilities. The Elections Act 1915 permitted the election of women to the Legislative Assembly, though the first woman was not elected until 1929. At the 1995 election 74 (25.5%) candidates were women, as were 13 (14.6%) of the elected candidates. The absence since 1922 of an upper house led to the extensive use of committees, including joint committees with the Council to oversight parliamentary activity.10 In later years the number of committees reduced significantly. A Subordinate Legislation Committee was established in 1975 which, with extended responsibilities, grew into the Scrutiny of Legislation Committee. In 1988-89 two committees Queensland Legislative Assembly, 1896. 105 QUEENSLAND PAST AND PRESENT A procession marking the arrival of Lord Lamington, Brisbane, 1896. 106 POLITICS AND GOVERNMENT Table 4.4 Parliamentary salaries, Queensland, and average male earnings, Australia (a), 1896-1995 Year Annual parliamentary salary, Queensland (b) (c) Male average annual earnings, Australia (b) (d) 1896 1901 $ 600 600 $ 100 104 1914 1926 1931 1941 1946 600 1,500 1,000 1,300 1,700 287 517 470 541 660 1951 1956 1961 1966 1971 2,750 4,982 5,300 6,700 9,690 1,258 1,841 2,272 2,855 4,352 1976 1981 1986 1991 1995 21,840 33,690 45,177 64,268 75,449 8,715 14.264 22,126 29,635 33,940 Ratio 6.0 M 2.1 2.9 2J. 2.4 2.6 2.2 2.7 2.3 2.3 2.2 2.5 2A 2.0 2.2 2.2 (a) Queensland figures are not available for all years. (b) June, or closest available to June. (c) Figures apply to backbenchers' salaries and exclude allowances for participating on parliamentary committees, etc. (d) For 1896 and 1901 average amount of wages payable, and may include females, juniors, etc; for 1914—1931 weighted average nominal weekly rate payable for a full week's work for adult males, for 1941-1981 average weekly earnings per employed male unit; for 1986—1995 average weekly total male earnings, not seasonally adjusted. Annual earnings calculated by multiplying weekly earnings by 52. Source: Government Superannuation Office, unpublished data; Queensland Parliamentary Library, unpublished data; ABS, Labour and Industrial Branch Report, 1912-1921, and Labour Report, 1922-1973 (Historical Microfiche Series 61-002), Cat. nos. 1122.0 and 1123.0; ABS, Averge Weekly Earnings, Australia, 1941-1990, Cat. no. 6350.0; ABS, Average Weekly Earnings, Australia, May 1991 and February 1996, Cat. no. 6302.0. were created by statute, the Public Accounts Committee Act 1988 and the Public Works Committee Act 1989, and subsequently another under the Criminal Justice Act 1989, the Parliamentary Criminal Justice Committee. A fourth statutory committee set up under the Electoral and Administrative Review Act 1989 to oversee that Commission evolved into the Legal, Constitutional and Administrative Review Committee after the Commission completed its work. These were joined by a set of Estimates Committees to scrutinise government expenditure at public hearings. Cabinet The attainment of responsible government in the 1850s involved a division of duties between the existing Executive Council, still presided over by the Governor, which conducted the formal business of government and the new Cabinet, presided over by the Premier, which made the effective decisions, some of which had then to be passed to Executive Council for ratification. Constitutional doctrine originally intended to preserve the independence of Parliament from 107 QUEENSLAND PAST AND PRESENT Table 4.5 Ministerial portfolios, Queensland, 1915-1996 Ryan Ministry 1 June 1915 Nicklin Ministry 12 August 1957 Borbidge Ministry 26 February 1996 Premier Chief Secretary Attorney-General Treasurer Home Secretary Secretary for: Mines Public Works Agriculture and Stock Public Lands Railways Public Instruction Vice-President of Executive Council Minister without Portfolio Premier Deputy Premier Attorney-General Treasurer Minister for: the Arts Families, Youth and Community Care Health Justice Police and Corrective Services Economic Development and Trade Racing Primary Industries, Fisheries and Forestry Education Tourism, Small Business and Industry Mines and Energy Environment Sport Local Government and Planning Training and Industrial Relations Natural Resources Transport and Main Roads Public Works and Housing Emergency Services Minister Assisting the Premier Premier Chief Secretary Attorney-General Treasurer Minister for: Labour and Industry Education Housing Public Lands and Irrigation Development, Mines and Main Roads Transport Agriculture and Stock Health and Home Affairs Public Works and Local Government Vice-President of the Executive Council Source: Queensland Parliamentary Debates manipulation by the Crown was embodied in a series of Officials in Parliament Acts which fixed the maximum number of members who might hold public office, that is, be Ministers of the Crown who as a consequence were at risk of divided loyalty, and up to 1920 specified the titles of those offices. The first Cabinet in 1860 comprised the three main public offices of pre-responsible government times but the number grew faster than the size of the Assembly, to eight in 1896, 11 in 1949, and 18 in 1975. Similarly, the range of ministerial business extended as State activity first concentrated on economic development and its infrastructure, then basic social welfare and, most recently, the encouragement of various social issues. Portfolio titles record the trends (table 4.5). Federation of the Australian colonies in 1901 made the new national government the principal advocate of more independence for Australian Governments, legislatures and courts and less control for the Governors-General and Governors on the spot and the Colonial/Dominions Office in London; the States, including Queensland, tended to lag behind slightly. The 'dominions' acquired greater international status at the peace conferences that ended World War I and by becoming members of the League of Nations. The Imperial Conference in 1926 established that each dominion government was supreme in its own affairs, and the Statute of Westminster 1931 (Imp) ended the doctrine of repugnance begun in 1578. Passage of Australia Acts 1986 by the Imperial, Commonwealth and each State Parliament ended any role the British Government might have still had in Queensland's constitutional arrangements. However, the Queen remained the Head of State of Queensland and still 108 POLITICS AND GOVERNMENT Table 4.6 Governors of Queensland, 1859-1997 Governor Sir George Ferguson Bowen, GCMG Colonel Samuel Wensley Blackall Marquis of Normanby Date appointed December 1859 August 1868 August 1871 William Wellington Cairns, CMC Sir Arthur Edward Kennedy, GCMG, CB Sir Anthony Musgrave, GCMG Sir Henry Wylie Norman, GCB, GCMG, CIE Lord Lamington, GCMG January July November May April 1875 1877 1883 1889 1896 Sir Herbert Charles Chermside, GCMG, CB Lord Chelmsford, KCMG Sir William MacGregor, GCMG, CB Sir Hamilton John Goold-Adams, GCMG, CB Sir Matthew Nathan, PC (Ire.), GCMG March November December March December 1902 1905 1909 1915 1920 June June October March March 1927 1932 1946 1958 1966 March April July July July 1972 1977 1985 1992 1997 Sir John Goodwin, KCB, CMC, DSO Sir Leslie Wilson, GCSI, GCMG, GCIE, DSO Sir John Lavarack, KCMG, KCVO, KBE, CB, DSO Sir Henry Abel Smith, KCMG, KCVO, DSO Sir Alan James Mansfield, KCMG, KCVO Sir Colin Thomas Hannah, KCMG, KBE, CB Commodore Sir James Maxwell Ramsay, KCMG, KCVO, CBE, DSC Sir Walter Benjamin Campbell, AC, QC Leneen Forde, AC Major General Peter Maurice Arnison, AD Source: ABS, Queensland Year Book, 1995. appointed, on the advice of the Premier, a Governor to act on her behalf who could discharge still uncodified reserve powers. A list of Queensland Governors for the period 1859-1997 is shown in table 4.6. Since the appointment of Sir John Lavarack in 1946 all Queensland governors have been Australians, by birth or residence, with one exception who was connected by marriage to the royal family—Sir Henry Abel-Smith (1958-66). Their previous experience has been in either the armed services or law. Other important agencies of government The Auditor-General was initially one more colonial official, eligible for appointment by the Governor to a mixed Legislative Council. After the introduction of responsible government, the office became the link whereby the legislature was able to scrutinise government expenditure and thus an essential part of the accountability of the Cabinet collectively and Ministers individually for the funds appropriated for them to spend on public purposes. The office was created by the Revenue and Audit Act 1861, succeeded by the Audit Act 1874 and then the Financial Administration and Audit Act 1977. Establishment of a Public Accounts Committee in 1988 enhanced the effectiveness of the audit process.11 A Parliamentary Commissioner for Administrative Investigations, often called the Ombudsman after the original Scandinavian version, was appointed under the Parliamentary Commissioner Act 1974 to investigate complaints about alleged maladministration by public officials and bodies. A separate office of Information Commissioner to review freedom of information 109 QUEENSLAND PAST AND PRESENT His Excellency the Governor reading the Queen's Proclamation from the Treasury Building, Brisbane, 1901. decisions was created by the Freedom of Information Act 1992 and has been filled by the Ombudsman. Both commissioners assist citizens in areas where previously they would have had to seek help from Members of the Legislative Assembly who would approach ministers and departments on their behalf, but possibly without the resources and powers available to the statutory offices. The Judicial Review Act 1991 has simplified and made more effective applications to the ordinary courts by aggrieved persons.12 In 1993 proposals were made for a substantial reorganisation of administrative tribunals in Queensland.13 The Criminal Justice Commission, created by the Criminal]ustice Act 1989, investigates official misconduct in the State, assists agencies in detecting and preventing official misconduct, and reports to Parliament. POLITICAL PARTIES Pastoralists dominated the early Queensland parliaments but without much direct political conflict with the urban liberals, the other identifiable interest. Only after about 1880 was there evidence of an emerging two-party system, with one group based on the country led by Sir Thomas Mcllwraith and the other on Brisbane and adjacent electoral districts led by Sir Samuel Griffith, alternating in office. The rise of a Labor political organisation outside Parliament, the Workers' Political Association, and victories for Labor candidates in by-elections prior to the 1893 election when they won 16 110
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