| Constitution of Victoria | |
|---|---|
 | |
| Overview | |
| Jurisdiction | Victoria |
| Date effective | 1 December 1975 (1975-12-01) |
| System | parliamentaryconstitutional monarchy |
| Government structure | |
| Branches | |
| Chambers | |
| Executive |
|
| Judiciary | Supreme Court of Victoria andlesser courts |
| Constitution Act 1975 | |
|---|---|
 | |
| Parliament of Victoria | |
| |
| Citation | No. 8750 of 1975 |
| Territorial extent | Victoria |
| Passed by | Legislative Assembly |
| Passed | 8 May 1975 |
| Passed by | Legislative Council |
| Passed | 8 May 1975 |
| Royal assent | 22 October 1975[1] |
| Commenced | 1 December 1975 |
| Legislative history | |
| First chamber:Legislative Assembly | |
| Bill title | Constitution Bill |
| Introduced by | Vernon Wilcox |
| First reading | 9 April 1975[2] |
| Second reading | 15 April[3]–1 May 1975 |
| Committee of the whole | 1 May 1975 |
| Third reading | 1 May 1975[4] |
| Second chamber:Legislative Council | |
| Bill title | Constitution Bill |
| Member(s) in charge | Alan Hunt |
| First reading | 1 May 1975[5] |
| Second reading | 6[6]–8 May 1975 |
| Committee of the whole | 8 May 1975 |
| Third reading | 8 May 1975[7] |
| Final stages | |
| Legislative Council amendments considered by theLegislative Assembly | 8 May 1975[8] |
| Finally passed both chambers | 8 May 1975 |
| Amends | |
| The Constitution Act Amendment Act 1958 (No. 6224) Solicitor-General Act 1958 (No. 6374) Supreme Court Act 1958 (No. 6387) | |
| Repeals | |
| Victorian Constitution Act 1855 (No. 184 of 1855, UK) | |
| Amended by | |
| 120+ amendments | |
| Keywords | |
| constitution | |
| Status: Amended | |
TheConstitution of Victoria is theconstitution of the state ofVictoria,Australia. The current constitution, theConstitution Act 1975 has been amended over 120 times.
Since 1901, Victoria has been astate of the Commonwealth of Australia, and its relationship with the Commonwealth is regulated by the federalConstitution of Australia. The jurisdiction of theParliament of Victoria to make laws and the laws of Victoria are subject to limitations imposed by the Australian Constitution.
The Constitution is based on principles of theWestminster system ofresponsible government, as modified due to Victoria being a state within afederation of Australia.
The original Constitution of Victoria was drafted and approved in Melbourne in March 1854 by the firstVictorian Legislative Council, and sent to the United Kingdom for assent. It was received in London in May 1854 and, after some opposition and delay,[9] was approved (with some amendments) as an Act of theBritish Parliament in 1855.[10] It was passed by the United Kingdom Parliament as theVictoria Constitution Act 1855, was grantedRoyal Assent on 16 July 1855 and was proclaimed in Victoria on 23 November 1855.[11][12] The Constitution established the Westminster-style system of responsible government.[13]
The 1855 Constitution, though an Act of the British Parliament, could be and was amended by the Victorian Parliament from time to time. Changes have included parliamentary membership numbers, voter eligibility, payment of members, voting methods, size of the ministry, electorate numbers and the powers and responsibilities of the Legislative Council and the Legislative Assembly, besides other matters.
In 1901, the Australian colonies, including Victoria, formed theCommonwealth of Australia which was constituted by theAustralian Constitution. The jurisdiction of theVictorian Parliament to make laws and the laws of Victoria became subject to limitations imposed by the Australian Constitution.
On 22 October 1975 theHamer Government proclaimed a new Constitution as an Act of theParliament of Victoria[14] to replace the 1855 Constitution.
In 2003, the 1975 Constitution was amended to entrench certain provisions, such as the representation of Victorian voters in Parliament, by requiring amendments to those provisions to require a referendum.[15] The 2003 amendments also provided for fixed-four year terms for both Houses, election of the Legislative Council by proportional representation, removal of the council's power to block a supply bill (the budget) and a dispute resolution process for bills for which agreement between the houses cannot be reached.
During the2022 Victorian state election Labor PremierDaniel Andrews committed to amending the state's constitution to protect public ownership of the revivedState Electricity Commission if re-elected, to make it harder, although not impossible, for it to beprivatised again in the future.[16][17] Re-privatising the commission after such legislation would require a "special majority" of 60% of both theLegislative Assembly andLegislative Council,[17] a situation which already exists for any potential privatisation ofwater services in Victoria under the Constitution of Victoria.[18]
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