This first edition of New South Wales Legislative Council Practice brings together the history, practice and procedure of the New South Wales Legislative Council - the Upper House of the New South Wales Parliament, and the first and oldest legislative body in Australia.Since the advent of responsible government in New South Wales in 1856, the New South Wales Legislative Council has been the focus of continuous struggle regarding its composition, powers, role and very existence. However, from its tumultuous history, the Council has in recent years emerged as a democratically elected, powerful and effective upper house, in many ways mirroring the development of the Australian Senate. Today the Council performs key functions within the New South Wales system of government including representing the people and scrutinising the executive government as a 'House of Review'.The rich history of the New South Wales Legislative Council has brought with it a wealth of parliamentary precedent with which to guide modern practice and procedures in the House. While practitioners of parliamentary law and practice in New South Wales have long had access to authorities such as Erskine May's Parliamentary Practice and Odgers' Australian Senate Practice, the publication of New South Wales Legislative Council Practice will provide an essential reference book to understanding parliamentary privilege, practice and procedure in the New South Wales Upper House.

This first edition of New South Wales Legislative Assembly Practice, Procedure and Privilege provides a valuable insight into the workings of the seat of Government in New South Wales - the Legislative Assembly.The New South Wales Legislative Assembly was first established in 1856. In the early days of the Parliament the practice of the United Kingdom House of Commons was heavily relied on and reference was frequently made to May's Parliamentary Practice.The 150 years since the Legislative Assembly was first constituted has seen the evolution of practice and procedure unique to the character of the Legislative Assembly. This has meant there are few instances where the House does not have some precedent to follow.The practices and procedures of the House are illustrated with reference to the Standing Orders and important precedents and rulings of former Speakers, which have contributed to a greater understanding as to how the Standing Orders have been interpreted.The book also considers the laws pertaining to Parliament and the extent of Parliamentary privilege in New South Wales, a jurisdiction that has not legislated to define its privileges.The text is current to July 2007 and includes references to both modern and past practice. It is a valuable reference tool to anyone interested in the law and procedures of the Legislative Assembly.

The Annotated Standing Orders of the New South Wales Legislative Council is a comprehensive commentary charting the purpose, development and modern operation of the rules of procedure of the Legislative Council. Canvassing over 150 years of proceedings of the House and its committees, the Annotated Standing Orders provides interesting anecdotes and important precedents to rules in common use today and rules less seldom used, even obscure. The work renders the seemingly complex and impenetrable language and practice of parliamentary procedure in the Westminster tradition, as it has developed in the Legislative Council, accessible to members, parliamentary officers and others with an interest in parliamentary law, practice and procedure.Key features:A concise summary of the purpose and development of each current rule.Explanations and examples of the practical operation of regularly used rules and the creative use of seldom used procedures.A chronology of the adoption, repeal and amendment of the rules and orders of the Legislative Council since 1824.Practical illustration of the role of parliamentary procedure in upholding the core principles of freedom of speech, the rights of the minority, and the function of the Council as a House of Review.

Places the constitutional framework of the State in its historical and political context and provides for the first time a detailed analysis of all the provisions of the Constitution Act 1902 (NSW) including their legislative history and examples of their use.

Joseph Maingot describes the parameters of the principal immunity enjoyed by Members of Parliament, that of freedom of speech, which is restricted to the context of a parliamentary proceeding and not beyond. He points out protections afforded members other than parliamentary privilege and the view of both the courts and the legislatures concerning parliamentary debates and proceedings as evidence in court. He also sets out in detail what the House of Commons considers to be and not to be a matter of privilege, as well as the corporate powers of the Houses of Parliament.

The extension to other Realms of the reserve power to refuse a dissolution