Australia's oldest legislature began as a small advisory body for a colonial governor.

History · Published 20 October 2026 · Updated 20 October 2026 Swipe more like this →

In short: The New South Wales Legislative Council has evolved from a tiny, appointed group of five men in 1824 into a powerful, directly elected house of review. Today, this upper house uses proportional representation to ensure diverse voices, including minor parties, hold the government to account in the state parliament.

Established by the New South Wales Act 1823, the Legislative Council is the oldest legislature in Australia. Initially, it functioned as a small, appointed advisory body to the Governor, starting with five members in 1824. By 1843, the Council expanded to 36 members, incorporating a mix of appointees and elected landholders, reflecting early ideals of self-government. It was not until 1856 that the Parliament became bicameral, with the Council transitioning to a fully appointed upper house, while the Legislative Assembly became fully elected.

The chamber itself has a unique history. When the new Parliament opened in 1856, officials had to quickly procure a building for the upper house. They purchased a prefabricated cast-iron structure originally manufactured in Scotland for use in Victoria. This building, which remains the Council chamber today, is famously furnished in red, adhering to the British tradition for upper houses. The Council’s role has shifted significantly over time, moving from an appointed body to a directly elected one in 1978 under the Wran Labor government.

Today, the Council consists of 42 members elected by proportional representation, with the entire state serving as a single electorate. This system makes it easier for minor parties to gain representation, sometimes with less than 2% of the primary vote. However, the 1999 election, which featured a massive, unwieldy ballot paper known as the 'table cloth,' prompted reforms to party registration and preference arrangements. These changes aimed to curb the proliferation of micro-parties while maintaining the Council's essential function as a house of review that scrutinizes legislation and holds the government accountable.

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