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Chapter 1: General conduct of business

Chapter 2: Proceedings on the meeting of Parliament

Chapter 3: Speaker, Deputy Speaker, Assistant Speaker, Temporary Speakers and Officers

Chapter 4: Swearing of Members, roll, register, leave of absence

Chapter 5: Official records of the House

Chapter 1
General conduct of business

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1. This chapter contains Standing Order 1

1. All previous Standing Orders are repealed.

Chapter 2
Proceedings on the meeting of Parliament

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2. Procedure for first day

On the first day of a new Parliament after a General Election the proceedings shall be as follows:


(1) Members shall assemble at the time and place specified in the Governor’s proclamation calling Parliament together and the Clerk shall read the Proclamation and announce the receipt of writs of election and the list of Members elected. (


2) The House shall await a message from the Commissioner(s) appointed by the Governor for the Opening of Parliament.


(3) The House shall attend at the place named in the message to hear the commission read. The House shall then return to its own Chamber.


(4) The Commissioner(s) appointed by the Governor for administering the pledge or oath to Members shall be announced, and the commission read by the Clerk.


(5) The writ of election of each Member, with the return endorsed, shall be produced by the Clerk.


(6) Members shall make a pledge of loyalty or oath as prescribed by law and sign the roll.


(7) The House shall then elect a Speaker (see SOs 10, 10A and 10B and Constitution Act 1902, section 31B).


(8) Until a Speaker is elected, the Clerk shall preside and in any debate shall decide any point of order and determine which Member is entitled to address the House.


(9) A Minister may then inform the House when the Governor will summon the House for the hearing of the Governor’s reasons for calling the Parliament together. The House may then adjourn to that hour.

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3. Governor’s speech or commission read

On the first sitting day of a new session the proceedings shall be as follows:



(1) Members shall assemble at the time and place specified in the Governor’s proclamation and the Clerk shall read the proclamation.


(2) The Speaker shall read the prayer and acknowledgement of country and the House shall await a message from the Governor summoning the House to hear the Governor’s opening speech or the commission read opening the session.


(3) On receipt of the message the House shall attend at the place appointed.


(4) Before the speech or commission is reported the House shall conduct some business of a formal nature without notice, in assertion of its rights.


(5) After hearing the speech or commission read, the Speaker shall report and table the speech or the commission.

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4. Address in Reply moved

An Address in Reply to the Governor’s speech may be moved and seconded immediately after the speech is reported and tabled.

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5. Precedence

The debate on the Address in Reply to the Governor’s Opening Speech shall take precedence of general business.

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6. Adoption

The Address in Reply may be adopted by the House with or without amendment.

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7. Presentation

The Address in Reply shall be presented to the Governor by the Speaker accompanied by the mover and seconder and other Members of the House at the time communicated to the Speaker by the Governor.

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8. Opening of Parliament

When the Sovereign attends a session, references to the Governor shall be read and construed as references to the Sovereign.

Chapter 3
Speaker, Deputy Speaker, Assistant Speaker, Temporary Speakers and Officers

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9. Speaker – Role

(1) Following election, the Speaker, when not presiding in accordance with section 31 of the Constitution Act 1902, is not precluded from participating in debate or discussion or from voting on any question.


(2) The Speaker may, from time to time, issue guidelines in relation to matters not provided for in the Standing Orders.

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10. When an election for Speaker takes place

(1) An election for Speaker shall take place at:


(a) the opening of a new Parliament after the Members have been sworn or made an affirmation; or


(b) any time when the office of Speaker is vacant. (See SO 16 regarding the conduct of business when a vacancy in the office of Speaker occurs when the House is sitting.)


(2) The election shall be conducted by the Clerk acting as Chair in the manner provided below in standing orders 10A and 10B.

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10A. The nomination process for the election of the Speaker

The nomination process for the election of the Speaker must be in accordance with section 31B of the Constitution Act 1902. In addition, the following procedures must apply:


(1) In the case of the election of the Speaker following a General Election, at least one week before the scheduled sitting all Members will be notified by the Clerk that nominations for the office of Speaker will be called for at the prescribed time (immediately after Members have taken the pledge or oath). A sample copy of the nomination form will be attached to the notification.


(2) In the case of the election of the Speaker due to a vacancy arising in the office of the Speaker, the Clerk will notify all Members as soon as practicable that nominations for the office of Speaker will be called for at the start of the next sitting day. A sample copy of the nomination form will be attached to the notification.


(3) Nominations must be seconded.


(4) The Member nominated must accept the nomination by endorsement on the instrument of nomination.


(5) At the prescribed time of the first day of sitting or in the case of a vacancy in the office of the Speaker at the commencement of the next sitting day, nominations are to be delivered to the Clerk at the Table in a sealed envelope by the person nominated or by any other Member.


(6) The identity of the nominator and seconder are not to be disclosed by the Clerk.


(7) The Clerk will ask the House if it is satisfied that reasonable opportunity has been given for the receipt of nominations, and advise that further nominations may not be made between ballots.


(8) The Clerk will then declare nominations to be closed.

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10B. Procedures for the election of the Speaker

The process for the election of the Speaker must be in accordance with section 31B of the Constitution Act 1902. In addition, the following procedures apply:


(1) Until a Speaker is elected, the Clerk shall preside and, in any debate, shall decide any point of order and determine which Member is entitled to address the House.


(2) In conducting the election, the Clerk will:


(i) announce the number of nominations received.


(ii) if there is one valid nomination, declare that Member to be elected.


(iii) if there is more than one valid nomination, announce the fact that a ballot will be required.


(iv) inquire if any Member wishes to speak to the nominations; any Member may speak for no more than ten minutes each. During debate, a Minister may move at any time without notice ‘That the ballot be taken now’. The question is put immediately and without amendment or debate. If the votes are equal, the question is negatived. If the question is carried, or when debate ends, the House proceeds to a ballot.


(v) have ballot papers prepared and initialled.


(vi) order that the bells be rung as prescribed for the taking of a ballot.


(vii) call each Member by order of electorate, with Members proceeding to the Table to collect a ballot paper. The names of Members issued with ballot papers will be crossed off a list.


(3) After collecting a ballot paper, Members will cast their vote in secret at the Table. Members will place their ballot paper in the locked ballot box on the Table, before returning to their seat.


(4) When all Members present have been called, received a ballot paper, voted and placed a ballot paper in the ballot box the Clerk will ask if any Member has not voted and desires to do so. The Clerk will then ask the House if there is any objection to declaring the ballot closed.


(5) The Clerk will then declare the ballot closed.


(6) The votes will be counted by the Clerks.


(7) The Clerk will report the result of the ballot and declare a Member to be elected or the House will proceed to further ballots or, if necessary, the Clerk will determine the question by lot, in accordance with s. 31B of the Constitution Act.


(8) At no time during these proceedings will the Chamber be locked or the sitting suspended.

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11. Procedure after election of Speaker

After election:


(1) The elected Member shall be conducted to the Speaker’s rostrum by two Members.


(2) Having been so conducted the Member elected makes acknowledgement to the House for the honour conferred and takes the Chair as Speaker. The Mace shall be taken from under the Table, and placed on the Table.


(3) After the House congratulates the Speaker, a Minister shall inform the House where and at what time the Governor will receive the House for the purpose of presenting the Speaker.


(4) At the stated time the sitting may be adjourned or suspended and the House shall proceed, with any Members then present, to be received by the Governor.


If the election occurs at the meeting of a new Parliament after a General Election


(5) At such presentation the Speaker shall, in the name and on behalf of the House, lay claim to its undoubted rights and privileges.


(6) On return the Speaker shall report the making of the claim.


If the election occurs during the parliamentary term


(7) A new Speaker filling a vacancy occurring during the currency of a Parliament does not lay claim to the privileges of the House.

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12. When Deputy Speaker and Assistant Speaker elected

The Deputy Speaker and an Assistant Speaker shall be elected on the first sitting day of a new Parliament or whenever either office becomes vacant.

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13. Procedure for election of Deputy Speaker

The procedure for the election of the Deputy Speaker shall be as follows:


(1) A motion shall be moved and seconded without notice that a Member be appointed Deputy Speaker.


(2) The Speaker shall then ask if there is any further nomination, and if there is not, shall say that the time for motions has expired.


(3) The Speaker shall, without motion put, declare the Member named in the motion to have been appointed Deputy Speaker.


(4) If more than one motion for appointment is moved and seconded, the Speaker shall, after each subsequent motion, ask if there is any further motion, and if there is not, shall say that the time for motions has expired.


(5) When there are no further motions debate may ensue.


(6) No Member may speak for more than 5 minutes.


(7) The closure may be moved on this question.


(8) Before putting the question on the closure the Speaker shall ask whether there are any further motions. Such motions will be received, no debate being allowed.


(9) If the question on the closure is carried the necessary questions shall be put in the order in which they have been moved.

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14.

The procedure for the election of the Assistant Speaker shall be the same as the procedure for the election of the Deputy Speaker.

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15. Absence of the Speaker, Deputy Speaker and Assistant Speaker

(1) In the absence of the Speaker on a day when the House is sitting the Deputy Speaker shall perform the duties of the Speaker.


(2) In the absence of both the Speaker and the Deputy Speaker on a day when the House is sitting the Assistant Speaker shall perform the duties of the Speaker.


(3) In the absence of the Speaker, Deputy Speaker and Assistant Speaker on a day when the House is sitting, a Temporary Speaker shall perform the duties of the Speaker.

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16. Vacancy in the Speakership

If a vacancy occurs in the office of the Speaker:


(1) When the House is sitting the Clerk shall inform the House and the Deputy Speaker shall perform the duties of the Speaker until the election of a new Speaker which shall take precedence of all other business on the next sitting day.


(2) When the House is not sitting a new Speaker shall be elected on the next sitting day and such election shall take precedence of all other business.

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17. Vacancy in the office of
Deputy Speaker or Assistant Speaker

If a vacancy occurs in the office of Deputy Speaker or Assistant Speaker, the House, on being informed by the Speaker, shall proceed to the election of a new Deputy Speaker or Assistant Speaker.

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18. Absence of Speaker,
Deputy Speaker, Assistant Speaker and Temporary Speakers during session

If the Speaker, Deputy Speaker, Assistant Speaker and Temporary Speakers are all absent on a day when the House is sitting, the Clerk shall inform the House which shall, upon motion without notice, before any further business is conducted, proceed to the election of an Acting Speaker and:


(1) The Clerk shall preside for the election of an Acting Speaker in the same manner as for the election of Deputy Speaker.


(2) The Members present, if a quorum, may elect an Acting Speaker who shall perform the duties of the Speaker.


(3) If the House does not proceed to an election the matter shall stand adjourned until the next sitting day or if a sitting day has not been set, a date set by the Government, when the election of an Acting Speaker, if still necessary, shall take precedence of all other business.

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19. Nomination by Speaker

The Speaker shall nominate, at the commencement of each Parliament, not more than 5 Members as Temporary Speakers who, in the absence of the Deputy Speaker and Assistant Speaker, may exercise the powers and duties of the Speaker, and who shall be referred to whilst in the Chair as Temporary Speaker.

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20. Revocation of nomination

The Speaker may at any time revoke the nomination of a Member as a Temporary Speaker and nominate another Member.

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21. Takes Chair when requested

The Deputy Speaker, Assistant Speaker or a Temporary Speaker shall take or vacate the Chair when requested to do so by the Speaker during a sitting.

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22. Clerk’s absence or vacancy

In the absence of or in the event of a vacancy in the Office of the Clerk, the Clerk’s powers and functions shall be exercised by the officer next in seniority.

Chapter 4
Swearing of Members, roll, register, leave of absence

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23. Pledge or oath other than on first sitting day

(1) Any Member not present on the first day of a new Parliament shall, at a subsequent sitting make the pledge of loyalty or oath as prescribed in law and sign the roll.


(2) A Member returned at a by-election may be escorted into the Chamber by Members and shall make the pledge of loyalty or oath and sign the roll.

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24. Roll of Members

The Clerk shall keep a roll which shall show the names of Members, their dates of election, the dates of signing the roll and the dates of cessation of service and the reasons.

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25. Register of Members

At the commencement of each session, or on taking a seat, and within 14 days of any change, Members shall notify the Clerk of their residential and official address which shall be kept in a register by the Clerk.

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26. Front bench for Ministers

During Question Time the front bench to the right of the Speaker shall be reserved for Ministers.

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27. Attendance of Members

Every Member is bound to attend the service of the House and any committee to which they are appointed unless granted leave of absence by the House.

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28. Leave of absence

A motion may be moved at any time, without notice, amendment or debate, for a Member to be granted leave of absence. Such motion shall state the cause and the period, not exceeding the remainder of the current session.

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29. Leave of absence forfeited

Leave of absence shall be forfeited if the Member attends the service of the House or any committee before the expiry of the period of leave.

Chapter 5
Official records of the House

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30. Votes and Proceedings

The Clerk shall record as the Votes and Proceedings:


(1) The attendance of Members, including any leave of absence;


(2) All votes;


(3) Division lists;


(4) Petitions received;


(5) Proceedings in the House; and


(6) Reports and other papers received and required to be tabled.


Unless objection is taken within 3 sitting days the Votes and Proceedings shall be signed by the Speaker and the Clerk.

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31. House Papers

(1) The Clerk shall, after each sitting day, publish:


(a) The Votes and Proceedings.


(b) A Business Paper containing Notices of Motions and Orders of the Day.


(c) A Questions and Answers Paper.


(2) During any adjournment of the House for two weeks or more a Questions and Answers Paper will be published from time to time containing answers received.

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32. Statutory rules

The Clerk shall publish a report of statutory rules listing the date gazetted, when laid upon the Table and the latest sitting day upon which a notice of disallowance may be given.

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33. Custody of records

The Clerk shall have custody of all official records of the House and all papers tabled. Such papers shall not be taken from the Department of the Legislative Assembly without the permission of the Speaker.

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Legislative Assembly of New South Wales

CONSOLIDATED STANDING
AND SESSIONAL ORDERS

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