[1] He resigned in 1852 and returned to England, but was back in Melbourne in time for the first election held under the new Constitution of Victoria in September 1856.

[1] In October 1859, Heales won the seat of East Bourke Boroughs and held it for the rest of his life.

[1] In October 1860, Heales was a leading critic of the land bill introduced by the government of William Nicholson.

Although he was an active Congregationalist, Heales was an opponent of the clause in the Victorian Constitution which provided for state funding for religion, and he favoured a unified secular education system.

In 1862 Heales introduced a bill creating a single education board to rationalise the school system, which was passed with broad support.