Constitution Act 1902

There shall be a President of the Legislative Council, who is the Presiding Officer of the Legislative Council and is recognised as its independent and impartial representative.

A person shall be chosen to be President of the Legislative Council—

before the Legislative Council proceeds to the dispatch of any other business at its first meeting following a periodic Council election, and

at any other time when the office of President of the Legislative Council becomes vacant.

The person so chosen shall cease to hold office as President of the Legislative Council immediately before the Legislative Council assembles for the dispatch of business at its first meeting following a periodic Council election, and shall also cease to hold that office—

if he ceases to be a Member of the Legislative Council (unless continued in office under subsection (6A)),

if he is removed from that office by a vote of the Legislative Council, or

if he resigns his office by writing under his hand addressed to the Governor.

The Standing Rules and Orders of the Legislative Council may make provision, not inconsistent with this section, for or with respect to the manner of election of the President and associated matters.

The President shall preside at all meetings of the Legislative Council except as may be provided by the Standing Rules and Orders of the Legislative Council.

The President or other Member presiding may take part in any debate or discussion which may arise in the Legislative Council.

When the business of the Legislative Council is suspended under section 22F—

the person who was the President of the Legislative Council immediately before the suspension of business continues to be the President, and

the person who was the Deputy President and Chair of Committees of the Legislative Council immediately before the suspension of business continues to be the Deputy President and Chair of Committees,

Subject to subsection (5), the Deputy President and Chair of Committees of the Legislative Council—

acts as the President of the Legislative Council when the President is unavailable, and

when so acting, has and may exercise and perform all the powers, authorities, duties and functions of the President.

For the purposes of subsection (7), the President is unavailable if there is a vacancy in the office of the President or if the President is absent from the State or otherwise unavailable to exercise and perform the powers, authorities, duties and functions of the President.

Whenever a vacancy occurs in the seat of a Member of the Legislative Council otherwise than by reason of section 22B (1) (c), the President may notify the Governor of the vacancy.