Lyla Lindsey
Western Australia, a state within Australia's federal structure, has its own constitution, which was enacted in 1890. The Western Australia Constitution Act 1889 sets out the purpose, powers, and makeup of the Western Australian Parliament. It was based on Imperial Legislation from England and was created to ensure better governance of the colony of Western Australia. The constitution has been modified many times since its promulgation, with the contemporary document consisting of sections of the original constitution that have remained unchanged alongside all subsequent amendments.
| Characteristics | Values |
|---|---|
| Name of the constitution | Western Australia Constitution Act 1889 |
| Year of promulgation | 1890 |
| Year of last amendment | 2017 |
| Type of government | Democratic constitutional monarchy |
| Head of the state | Monarch of Australia (King Charles III) |
| Executive power | Executive Council, consisting of all ministers and presided over by the governor |
| Governor | Chris Dawson |
| Legislature | Bicameral Parliament of Western Australia |
| Legislative Council | Upper house |
| Legislative Assembly | Lower house |
| Number of Local Government Areas | 139 |
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What You'll Learn
Western Australia's Constitution Act 1889
Western Australia does have a constitution, and it is defined by the Western Australia Constitution Act 1889. This Act sets out the purpose, powers, and makeup of the Western Australian Parliament. It was created to ensure better governance of the colony of Western Australia and to define the legislative process in the state. The Act was based on Imperial Legislation from England and came into effect on 21 October 1890 when it was proclaimed in the Colony, after receiving Royal Assent on 15 August 1890.
The Western Australia Constitution Act 1889 was a significant step in the transition to a representative democracy in the state. Before this Act, Western Australia was ruled by the Governor with the assistance of an appointed Legislative Council. The Legislative Council consisted only of officials until 1838, after which it included both nominated non-official members and officials until 1870. From 1870 to 1890, a system of representative government was developed, with a Legislative Council having two-thirds of its members elected by voters subject to a propertied franchise.
The 1889 Constitution Bill was referred to Britain for ratification by the Imperial Parliament as Western Australia had not been included under the provisions of the Australian Constitutions Act 1850, which granted the Colonies control over their own waste lands. The Western Australia Constitution Act 1889 defines the functions and responsibilities of the Parliament of Western Australia, including the Governor's ability to fix the place and time of sessions, prorogue Houses, and dissolve the Assembly. It also outlines the requirements for the election of a Speaker, the oath of allegiance, and the salaries of the President, Speaker, and officers, among other provisions.
As the Western Australian Constitution predates the Commonwealth, there is no mention of the division of responsibilities and powers between the State and Federal Governments. This means that the Western Australian Parliament has a unique set of responsibilities and powers defined solely by the Western Australia Constitution Act 1889, which has been acknowledged by the Government of Western Australia.
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Amendments to the constitution
Western Australia's constitution predates that of the Commonwealth, having been enacted in 1889 as the Western Australia Constitution Act 1889. This document set out the purpose, powers, and makeup of the Western Australian Parliament.
The Western Australia Constitution Act 1889 was created based on Imperial Legislation from England and was enacted to ensure better governance of the colony of Western Australia. As the Western Australian Constitution was established before the Commonwealth, there is no mention of the division of responsibilities and powers between the state and federal governments.
The process of transitioning to a representative democracy in Western Australia was gradual, with the Legislative Council consisting only of officials until 1838. From 1838 to 1870, the council included both nominated non-official members and officials. Finally, from 1870 to 1890, the system evolved into a representative government, with two-thirds of the Legislative Council's members elected by voters subject to a propertied franchise.
The Western Australia Constitution Act 1889 received Royal Assent on 15 August 1890 and came into operation when it was proclaimed in the Colony on 21 October of the same year. This Act was significant as it was the culmination of Western Australia's transition to a representative democracy, with the 1889 Constitution Bill referred to Britain for ratification by the Imperial Parliament.
In terms of amendments to the constitution, there have been attempts to modify it over time. For instance, in 1917 during World War I, Prime Minister Billy Hughes sought to amend the Australian Constitution to postpone the constitutionally required federal election, thereby extending his government's term. While the House of Representatives supported this motion, it was defeated in the Senate.
Another notable amendment occurred in 1967 when Section 127 of the Australian Constitution was removed through a referendum. This section had stipulated that "aboriginal natives" were not to be included in headcounts for electoral purposes, and its removal represented a significant step towards recognizing the rights of Indigenous Australians.
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The role of the Governor
Western Australia has a constitution, the Western Australia Constitution Act 1889, which was enacted by the Constitution Act 1890. This document transitioned the governance of Western Australia from rule by the Governor with the assistance of an appointed Legislative Council to a representative democracy.
The current Governor of Western Australia is His Excellency the Honourable Chris Dawson APM, who was sworn in as the 34th Governor on 15 July 2022. The Governor is the representative of the monarch, King Charles III, in Western Australia. They are appointed by the King on the advice of the Premier.
The Governor has constitutional, ceremonial, and community functions. They protect the Constitution and preside over the Executive Council, the supreme decision-making body of the State Government. All Bills passed by the Western Australian Parliament must be signed by the Governor before becoming law. The Governor also appoints the President of the Legislative Council and all State Government Ministers, as well as judges, magistrates, and justices of the peace. They officiate at important ceremonies and celebrations, including Anzac Day ceremonies and military parades.
The Governor is patron to many organisations in Western Australia and supports them in achieving their objectives through visits, attendance at functions, and hospitality. They engage with a diverse range of people and organisations, both within and outside of Western Australia, to promote the strategic interests and capabilities of the State. This includes meetings with visiting international dignitaries, diplomats, and members of various sectors, including business, mining, agriculture, medicine, science, arts, and community service.
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The Westminster system
Western Australia does have a constitution, the Western Australia Constitution Act 1889, which sets out the purpose, powers, and makeup of the Western Australian Parliament. The Westminster system is a democratic parliamentary system of government modelled after that of the United Kingdom. Several former British colonies, including Australia and Singapore, have adopted the Westminster model.
In the Westminster system, the executive is drawn from and accountable to the legislature, with the prime minister usually being an elected member of the legislature. This fusion of powers between the executive and legislative branches is a key feature of the Westminster model. It provides for a system of responsible government, where the executive is responsible to the legislature for its policies and actions, and the legislature has the power to remove the executive through a vote of no confidence.
The flexibility and adaptability of the Westminster system have allowed it to be adopted and adapted by many countries around the world. While the core principles of the system remain, the specific structures and processes may vary depending on the local context and constitutional traditions.
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The Legislative Council
Western Australia's constitution is defined by the Western Australia Constitution Act 1889, which outlines the purpose, powers, and makeup of the Western Australian Parliament. The Western Australian Legislative Council is the upper house of the Parliament of Western Australia. It is considered a house of review for legislation passed by the Legislative Assembly, the lower house.
The history of the Legislative Council dates back to 1832 when it was first created as an appointive body. Initially, it consisted only of official members, including public officials such as the Governor and the Colonial Secretary. In 1838, the council transitioned to include both nominated non-official members and officials. This arrangement remained in place until 1870.
From 1870 to 1890, the Legislative Council evolved into a system of representative government. During this period, two-thirds of its members were elected by voters, while the remaining one-third were nominated. Suffrage was restricted to landowners and individuals with a specified level of income. In 1889, the Legislative Council passed the Constitution Bill, which was referred to Britain for ratification by the Imperial Parliament.
In 1890, Western Australia gained responsible government, and a bicameral system was adopted. The Legislative Council became a house of review, with 15 members appointed by the governor. The Constitution Act Amendment Act 1893 was passed, taking effect in 1894, and the council became an elective body with 21 seats. The first election to the council was held in June 1894, following the dissolution of parliament. This system was maintained until 1962, when the council underwent reforms, transitioning to a series of two-member electorates.
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Frequently asked questions
Yes, Western Australia has a constitution.
The Western Australia Constitution Act was formed in 1889 and came into operation in 1890.
The contemporary document consists of sections of the original constitution that have remained unchanged and all subsequent amendments.
Western Australia is a democratic constitutional monarchy with a bicameral parliament consisting of a Legislative Council and a Legislative Assembly.
The Governor is the representative of the British Crown and holds executive power, which is exercised on the advice of the Premier and the Cabinet.
