President of the New South Wales Legislative Council


The President of the New South Wales Legislative Council is the presiding officer of the upper house of the Parliament of New South Wales, the Legislative Council. The presiding officer of the lower house is the speaker of the Legislative Assembly. The role of President has generally been a partisan office, filled by the governing party of the time. As of May 2017 the president is John Ajaka.

Election

The president is elected by the Council in a secret ballot. The Clerk of the Council conducts the election. The Presidency has always been a partisan office and the nominee of the government party has nearly always been elected—although this cannot be guaranteed since the government of the day does not necessarily have a majority in the Council. The president is assisted by an elected deputy president. The traditional practice has been that the government nominates an MLC to be elected as President, and the Opposition nominates an MLC to be Deputy President. However, as with now, this is not always the case.

Impartiality

The president has a casting vote. Like the speaker, the president continues to attend party meetings, and at general elections stands as a party candidate. On the other hand, the president does not usually take part in debates in the Council and does not speak in public on party-political issues. He or she is expected to conduct the business of the Council in an impartial and dignified manner.
Section 22I of the NSW Constitution states that "All questions arising in the Legislative Council shall be decided by a majority of the votes of the Members present other than the President or other Member presiding and when the votes are equal the President or other Member presiding shall have a casting vote."

Role

The president’s principal duty is to preside over the Council, although he or she is assisted in this by the deputy president and a panel of acting deputy presidents, who usually preside during routine debates. The occupant of the chair must maintain order in the Council, uphold the Standing Orders and protect the rights of backbench councillors. The president, in conjunction with the speaker of the Legislative Assembly, also administers Parliament House, Sydney, with the assistance of administrative staff.
Although the president does not have the same degree of disciplinary power as the speaker does, the Council is not as rowdy as most Australian legislative chambers, and thus his or her disciplinary powers are seldom exercised.

Perquisites and ceremony

Following the Westminster tradition inherited from the House of Lords of the United Kingdom, the traditional dress of the speaker includes components of Court dress such as the black silk lay-type gown, a wing collar and a lace jabot or bands, bar jacket, and a full-bottomed wig.
The dress of speakers has often variated according to the party in power, but is determinate on the personal choice of the speaker. Most Labor party presidents eschewed the wig while retaining the court dress, while conservative and independent speakers tended to wear the full dress.
The president, currently, no longer wears the full traditional court dress outfit. Max Willis was the last president to do so. From 1998 to 2011, all the presidents opted not to wear any dress at all, preferring normal business attire. However, upon his election, President Harwin returned to tradition by wearing the gown during question time and on significant occasions such as the Opening of Parliament. However, there is nothing stopping any given speaker, if they choose to do so, from assuming traditional court dress or anything they deem appropriate.

List of presidents of the Legislative Council

Deputy President and Chair of Committees

Originally titled Chairman of Committees, the current style was adopted on 5 May 2004 during the term of the first female holder of the office. Various legal and constitutional amendments to follow this change were made in the Constitution Amendment Act 2014.
Chairman of CommitteesParty affiliationTerm startTerm end
Hon. George Allen-4 June 185615 January 1873
Hon. Joseph Docker-15 January 18739 February 1875
Hon. Sir Joseph Innes-9 February 187516 December 1880
Hon. Joseph Docker-16 December 188011 December 1884
Hon. William Piddington-17 March 188525 November 1887
Hon. Archibald Jacob-1 December 188728 May 1900
Hon. William Trickett-13 June 190023 July 1912
Hon. Broughton O'ConorLiberal Reform24 July 191222 April 1934
Hon. Broughton O'ConorNationalist24 July 191222 April 1934
Hon. Broughton O'ConorUnited Australia24 July 191222 April 1934
Hon. Ernest FarrarUnited Australia2 May 193422 April 1946
Hon. Ernest FarrarLiberal2 May 193422 April 1946
Hon. Thomas SteeleCountry30 April 194611 March 1953
Hon. Ernest Gerard WrightLabor11 March 195322 April 1967
Hon. Stanley EskellLiberal2 August 19676 March 1969
Hon. Thomas McKayLiberal12 March 19695 November 1978
Hon. Clive HealeyLabor8 November 197822 February 1988
Hon. Sir Adrian SolomonsNational28 April 19882 July 1991
Hon. Duncan GayNational3 July 199110 May 1999
Hon. Tony KellyLabor11 May 199929 April 2003
Hon. Amanda FazioLabor30 April 20035 May 2004
Deputy PresidentParty affiliationTerm startTerm end
Hon. Amanda FazioLabor5 May 200424 November 2009
Hon. Kayee GriffinLabor24 November 20094 March 2011
Hon. Jenny GardinerNational3 May 20115 May 2015
Hon. Trevor KhanNational5 May 2015Incumbent

Assistant President