At the time, some members of the Council were elected and the balance were appointed by the Governor.

[1] Settlers of the Port Phillip District had wanted representation in the New South Wales Legislative Council for some time.

[2] On 1 July 1851, the District was separated from New South Wales under provisions of the Australian Colonies Government Act 1850, and became the Colony of Victoria and the Victorian Legislative Council was created.

Sir Thomas Mitchell, while an elected member was also the Surveyor General.

John Lang was absent for two successive sessions of the Council and his seat was declared vacant in November 1847.