4.5 Dissolution of Parliament and its effects

The most common method of terminating the Queensland Parliament is by dissolving the Legislative Assembly, such dissolution being made by Proclamation of the Governor acting on the advice of the Premier. The proclamation dissolving the Legislative Assembly is published in the Queensland Government Gazette.

The Constitution Amendment Act 1890 provides that "every Legislative Assembly summoned and chosen shall continue for three years from the day appointed for the return of the Writs and no longer, subject nevertheless to be sooner dissolved by the Governor". Therefore, if the Governor does not dissolve the Legislative Assembly, it automatically expires three years after the day appointed for the return of the Writs.

Dissolution has the following effects on the Legislative Assembly:

1. All proceedings pending come to an end, that is, all business before the House on the Notice Paper lapses, other than that in paragraph (f).
2. Members of the Legislative Assembly cease to be Members; however, they continue to receive their salaries and allowances until midnight of the day prior to the election.
3. Any Sessional or other orders cease to have effect.
4. All committees, apart from the Parliamentary Criminal Justice Committee, cease to exist.
5. There is some uncertainty as to the status of Bills passed by the Legislative Assembly, but which have not received Assent. All Bills passed during the session should be Assented to prior to the dissolution proclamation being signed.
6. The power of the Legislative Assembly to pass a resolution disallowing subordinate legislation is not affected by the prorogation or dissolution of the Legislative Assembly and, therefore, the calculation of days upon which the Legislative Assembly has sat is made as if there had been no such prorogation or dissolution. For example, if three sitting days had passed after Notice of Motion was given and the Legislative Assembly was dissolved, then, pursuant to the Statutory Instruments Act 1992 (Qld), in the new Parliament there would be 11 sitting days left in which the motion must be moved before the instrument is automatically disallowed under the Act.

Last reviewed: 17 July, 2009

Last updated: 22 July, 2009

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