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 6: Meeting and adjournment of the House
Chapter 7: Rules of debate and privilege
Chapter 8: Routine of Business
Chapter 9: Petitions
Chapter 10: Questions seeking information
Chapter 11: Notices of motions
Chapter 12: Motions, Questions, Votes and Resolutions
Chapter 13: Amendments
Chapter 14: Orders of the Day
Chapter 15: Divisions
Chapter 16: Bills
Chapter 17: Consideration in detail
Chapter 18: Financial procedures
Chapter 19: Messages from the Governor
Chapter 20: Disorder
Chapter 21: Visitors
Chapter 22: Papers and documents
Chapter 23: Committees
Chapter 24: Witnesses
Chapter 25: Messages between the House and the Legislative Council
Chapter 26: Conferences between the House and the Legislative Council
Chapter 27: Balloting
Chapter 28: Addresses to the Sovereign and to the Governor
Chapter 29: Private bills
Chapter 30: Standing and Sessional Orders
Chapter 31: Parliamentary Secretaries
Chapter 32: Proceedings of the Legislative Assembly
Chapter 33: Appendix - Resolutions of the House
Chapter 1
General conduct of business
Question
Chapter
Chapter
1.
1. All previous Standing Orders are repealed.
Chapter 2
Proceedings on the meeting of Parliament
Question
Chapter
Chapter
2. Procedure for first day
On the first day of a new Parliament after a General Election the proceedings shall be as follows:
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.
The House shall await a message from the Commissioner(s) appointed by the Governor for the Opening of Parliament.
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.
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.
The writ of election of each Member, with the return endorsed, shall be produced by the Clerk.
Members shall make a pledge of loyalty or oath as prescribed by law and sign the roll.
The House shall then elect a Speaker (see SOs 10, 10A and 10B and Constitution Act 1902, section 31B).
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.
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.
Chapter
Chapter
3. Governor’s speech or commission read
On the first sitting day of a new session the proceedings shall be as follows:
Members shall assemble at the time and place specified in the Governor’s proclamation and the Clerk shall read the proclamation.
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.
On receipt of the message the House shall attend at the place appointed.
Before the speech or commission is reported the House shall conduct some business of a formal nature without notice, in assertion of its rights.
After hearing the speech or commission read, the Speaker shall report and table the speech or the commission.
Chapter
Chapter
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.
Chapter
Chapter
5. Precedence
The debate on the Address in Reply to the Governor’s Opening Speech shall take precedence of general business.
Chapter
Chapter
6. Adoption
The Address in Reply may be adopted by the House with or without amendment.
Chapter
Chapter
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.
Chapter
Chapter
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
Question
Chapter
Chapter
9. Speaker – Role
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.
The Speaker may, from time to time, issue guidelines in relation to matters not provided for in the Standing Orders.
Chapter
Chapter
10. When an election for Speaker takes place
An election for Speaker shall take place at:
the opening of a new Parliament after the Members have been sworn or made an affirmation; or
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.)
The election shall be conducted by the Clerk acting as Chair in the manner provided below in standing orders 10A and 10B.
Chapter
Chapter
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:
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.
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.
Nominations must be seconded.
The Member nominated must accept the nomination by endorsement on the instrument of nomination.
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.
The identity of the nominator and seconder are not to be disclosed by the Clerk.
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.
The Clerk will then declare nominations to be closed.
Chapter
Chapter
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:
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.
In conducting the election, the Clerk will:
announce the number of nominations received.
if there is one valid nomination, declare that Member to be elected.
if there is more than one valid nomination, announce the fact that a ballot will be required.
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.
have ballot papers prepared and initialled.
order that the bells be rung as prescribed for the taking of a ballot.
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.
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.
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.
The Clerk will then declare the ballot closed.
The votes will be counted by the Clerks.
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.
At no time during these proceedings will the Chamber be locked or the sitting suspended.
Chapter
Chapter
11. Procedure after election of Speaker
After election:
The elected Member shall be conducted to the Speaker’s rostrum by two Members.
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.
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.
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
At such presentation the Speaker shall, in the name and on behalf of the House, lay claim to its undoubted rights and privileges.
On return the Speaker shall report the making of the claim.
If the election occurs during the parliamentary term
A new Speaker filling a vacancy occurring during the currency of a Parliament does not lay claim to the privileges of the House.
Chapter
Chapter
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.
Chapter
Chapter
13. Procedure for election of Deputy Speaker
The procedure for the election of the Deputy Speaker shall be as follows:
A motion shall be moved and seconded without notice that a Member be appointed Deputy Speaker.
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.
The Speaker shall, without motion put, declare the Member named in the motion to have been appointed Deputy Speaker.
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.
When there are no further motions debate may ensue.
No Member may speak for more than 5 minutes.
The closure may be moved on this question.
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.
If the question on the closure is carried the necessary questions shall be put in the order in which they have been moved.
Chapter
Chapter
14.
The procedure for the election of the Assistant Speaker shall be the same as the procedure for the election of the Deputy Speaker.
Chapter
Chapter
15. Absence of the Speaker, Deputy Speaker and Assistant Speaker
In the absence of the Speaker on a day when the House is sitting the Deputy Speaker shall perform the duties of the Speaker.
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.
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.
Chapter
Chapter
16. Vacancy in the Speakership
If a vacancy occurs in the office of the Speaker:
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.
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.
Chapter
Chapter
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.
Chapter
Chapter
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:
The Clerk shall preside for the election of an Acting Speaker in the same manner as for the election of Deputy Speaker.
The Members present, if a quorum, may elect an Acting Speaker who shall perform the duties of the Speaker.
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.
Chapter
Chapter
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.
Chapter
Chapter
20. Revocation of nomination
The Speaker may at any time revoke the nomination of a Member as a Temporary Speaker and nominate another Member.
Chapter
Chapter
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.
Chapter
Chapter
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
Question
Chapter
Chapter
23. Pledge or oath other than on first sitting day
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.
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.
Chapter
Chapter
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.
Chapter
Chapter
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.
Chapter
Chapter
26. Front bench for Ministers
During Question Time the front bench to the right of the Speaker shall be reserved for Ministers.
Chapter
Chapter
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.
Chapter
Chapter
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.
Chapter
Chapter
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
Question
Chapter
Chapter
30. Votes and Proceedings
The Clerk shall record as the Votes and Proceedings:
The attendance of Members, including any leave of absence;
All votes;
Division lists;
Petitions received;
Proceedings in the House; and
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.
Chapter
Chapter
31. House Papers
The Clerk shall, after each sitting day, publish:
The Votes and Proceedings.
A Business Paper containing Notices of Motions and Orders of the Day.
A Questions and Answers Paper.
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.
Chapter
Chapter
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.
Chapter
Chapter
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.
Chapter 6
Meeting and adjournment of the House
Question
Chapter
Chapter
34. Days and times of meetings
The House may appoint, on the motion of a Minister at any time, without notice, the day(s) and the time(s) of meeting and adjournment.
Chapter
Chapter
35. Bells
The timing for bells is as follows:
Tuesdays
Bells are rung at 11.45 a.m. for 20 seconds and at 11.58 a.m. for 60 seconds.
Wednesdays
Bells are rung at 9.45 a.m. for 20 seconds and at 9.58 a.m. for 60 seconds.
Thursdays
Bells are rung at 9.45 a.m. for 20 seconds and at 9.58 a.m. for 60 seconds.
After lunch
Bells are rung at 2.15 p.m. for 20 seconds and at 2.28 p.m. for 60 seconds.
Division
One continuous bell for four minutes.
Quorum
One long continuous bell (for up to four minutes until a quorum is present in the Chamber).
House adjournment
Two short bells.
One long bell
A continuous bell rung at the discretion of the Chair.
Chapter
Chapter
36. Speaker takes the Chair
The Speaker shall take the Chair at the time appointed on every day fixed for meeting.
Chapter
Chapter
37. Quorum
The quorum necessary to constitute a meeting of the Assembly shall be at least 20 Members exclusive of the Member presiding (section 32, Constitution Act 1902).
Chapter
Chapter
38. Absence of quorum
When a quorum is not present at the commencement of the sitting:
The bells shall be rung for 4 minutes.
If a quorum is then not formed after that time the Speaker shall adjourn the House until the next sitting day and the names of the Members present shall be entered in the Votes and Proceedings.
If the next sitting day has not been appointed, the House shall adjourn to the next succeeding business day.
Chapter
Chapter
39. Prayer and acknowledgement of Country
The Speaker or the Clerk shall read the following prayer after the Speaker takes the Chair each day.
“Almighty God, we ask for your blessing upon this Parliament. Direct and prosper our deliberations to the true welfare of Australia and the people of New South Wales. Amen.”
The Speaker or the Clerk shall read the following acknowledgement of Country after reading the prayer each day:
“We acknowledge the Traditional Owners, the Gadigal People of the Eora Nation. We also acknowledge the Traditional Owners of the lands we represent and thank them for their custodianship of Country.”
Chapter
Chapter
40. Resumption of sitting without quorum
If during a sitting, the Speaker leaves the Chair until an appointed time or until the ringing of one long bell, the House may recommence its business at that time even if there is not a quorum present.
Chapter
Chapter
41. Absence of quorum and subsequent count-out
If a Member states that a quorum is not present in the House:
The Speaker shall count the House.
If a quorum is not present the bells shall be rung for 4 minutes.
If after that time a quorum has not been formed, the names of the Members present shall be recorded in the Votes and Proceedings and the Speaker shall set down any business then before the House as an Order of the Day for a later time and adjourn the House until the next sitting day.
If the next sitting day has not been appointed, the House shall adjourn to the next succeeding business day.
Chapter
Chapter
42. Chair’s discretion on further quorum
The Speaker has discretion to proceed with business or order that the bells be rung on a second or any subsequent quorum call on any one sitting day.
Chapter
Chapter
43. No quorum in division
If the tellers of a division report there is no quorum, the Speaker shall adjourn the House until the next sitting day. If the next sitting day has not been appointed, the House shall adjourn to the next succeeding business day.
Chapter
Chapter
44. Disorder on call of quorum
It is disorderly for any Member:
To call attention to the absence of a quorum when a quorum is present.
To leave the Chamber after attention has been called to the absence of a quorum.
Chapter
Chapter
45. Restriction on quorum calls
Members shall not be permitted to call attention to the want of a quorum:
During Private Members’ Statements or Community Recognition Statements;
During debate on a Petition signed by 10,000 or more persons;
During the take note debate on reports from committees; or
Before 10.30 a.m. on any sitting day.
Chapter
Chapter
46. Adjournment without motion
Unless otherwise ordered, the House shall be adjourned without motion moved at the conclusion of Private Members' Statements.
A Minister may at any time move without notice a motion for the adjournment of the House.
Chapter
Chapter
47. Recall of House by Government
The Government, in the public interest, may in writing to the Speaker or, in the absence of the Speaker, the Deputy Speaker, request the House meet at an earlier time than set down on adjournment. If satisfied, the Speaker shall:
Fix a day and time and
Communicate the day and time to all Members.
Chapter
Chapter
47A. Postponing meeting times
When the House is not sitting the Government, in the public interest, may in writing to the Speaker or, in the absence of the Speaker, the Deputy Speaker, request an alternative day or hour for the next meeting of the House. If satisfied, the Speaker shall:
Fix a day and time; and
Communicate the day and time to all Members.
The Speaker’s notification to each Member may be by electronic means.
This Sessional Order operates for the remainder of this session.
Chapter
Chapter
48. Recall of House by absolute majority of Members
An absolute majority of Members may in writing to the Speaker, or in the absence of the Speaker the Deputy Speaker, request the House meet at an earlier time than set down on adjournment. The Speaker shall:
Fix a day and time within 10 days of the receipt of the request.
Communicate the day and time to all Members.
Accept an advice from the Leader of a recognised Party as a request on behalf of all its Members.
Chapter 7
Rules of debate and privilege
Question
Chapter
Chapter
49. Speaker maintains order
The Speaker shall maintain order in the House.
Chapter
Chapter
49A. Speaker has discretion to pause the timing clock
The Speaker has discretion at any time to pause the timing clock to maintain order in the House.
Chapter
Chapter
50. Members silent when Speaker rises
When the Speaker rises Members shall be seated and be silent.
Chapter
Chapter
51. Members silent when question put
When the Speaker is putting a question Members shall be silent and shall not leave or cross the Chamber.
Chapter
Chapter
52. No noise or interruption of debate
When a Member is speaking other Members shall not converse or make any noise or disturbance.
Chapter
Chapter
53. No Member to pass between Chair
Members shall not pass between the Chair and the Table or between the Chair and the Member speaking.
Chapter
Chapter
54. Members to be seated
Members shall be seated unless entering, leaving or moving to any other part of the Chamber during debate and shall not stand in any of the passage ways.
Chapter
Chapter
55. Member must seek call
A Member wishing to speak will not be recognised by the Speaker unless the Member rises and seeks the call. After being recognised the Member may then speak at the Table or from their seat.
Chapter
Chapter
56. Illness or disability
A Member unable to stand because of illness or disability may speak while seated with the leave of the Speaker.
Chapter
Chapter
57. Motion “That Member be now heard”
A Member may move without notice that a Member who has risen but not received the call “That the Member for …. be now heard”. The question shall be decided without debate or amendment.
Chapter
Chapter
58. Motion “That Member be not further heard”
A Member may move without notice in regard to a Member who is speaking “That the Member for …. be not further heard”. The question shall be decided without debate or amendment.
Chapter
Chapter
59. Irrelevance or tedious repetition
The Speaker may direct a Member to discontinue a speech if the Member persists in irrelevance or tedious repetition.
Chapter
Chapter
60. Motion “That Member be further heard”
A Member, having been called to cease speaking, or any other Member, may require the Speaker to put the question, “That the Member for …. be further heard”. The question shall be decided without debate or amendment.
Chapter
Chapter
61. Member may speak
A Member may only speak:
To a question or proceeding before the House which is open to debate or discussion.
When moving a motion.
When moving an amendment.
When rising to a point of order or privilege.
To make a personal explanation.
In explanation.
Chapter
Chapter
62. Personal explanation
A Member may, when there is no question before the Chair and with the leave of the Speaker, explain a matter of a personal nature. A personal explanation shall not be debated and leave may be withdrawn by the Speaker at any time.
Chapter
Chapter
63. Inaugural or valedictory speech
A motion may be moved without notice, amendment or debate for the business to be interrupted at a specified time (but not so as to interrupt a Member speaking) to permit a Member to make an inaugural speech or a valedictory speech without a question being before the House. Any interrupted business shall be resumed on the completion of the speech.
The time limit for inaugural speeches or valedictory speeches will be 20 minutes.
Chapter
Chapter
64. Member to speak once
A Member may only speak once to a question, except:
The Member in charge of the Order of the Day when the order is read.
In explanation.
In reply.
During consideration in detail of any matter.
Chapter
Chapter
65. Member briefly heard in explanation
A Member, having concluded a speech, may be briefly heard again to explain a material part of their speech which has been misquoted or misunderstood but cannot:
Interrupt another Member who is speaking.
Introduce any new matter.
Debate the matter.
Be heard after the determination of the question before the Chair.
Chapter
Chapter
66. Reply
A Member may speak in reply if the Member has moved:
a substantive motion or
a motion “That this bill be now read a second time” or
a motion “That this bill be now read a third time”.
Chapter
Chapter
67. Subject of reply
The subject matter of a reply is confined to matters raised during the debate.
Chapter
Chapter
68. Reply closes debate
The reply of the mover of the original motion closes the debate.
Chapter
Chapter
69. No Member to speak after question put
A Member may not speak to a question after the Speaker has put the question.
Chapter
Chapter
70. Quotation from Hansard or newspapers
A Member may only refer to or quote from a debate or proceeding of the current session in either House or newspaper report of such debate or proceeding if the reference or quotation is brief and:
Relevant to the matter under discussion or
The subject of a personal explanation.
Chapter
Chapter
71. Reflection on votes of the House
A Member shall not reflect on a previous decision of the House unless debating the rescission of such a vote.
Chapter
Chapter
72. Offensive words not to be used
A Member shall not use offensive words against:
The Sovereign or the Governor.
Either House or its Members.
A member of the judiciary.
A statute, unless moving for its repeal.
Chapter
Chapter
73. Reflection on Members by substantive motion only
Imputations of improper motives and personal reflections on Members of either House are disorderly other than by substantive motion.
Chapter
Chapter
74. Quarrels not permitted
The Speaker may intervene:
When offensive or disorderly words are used by a Member.
To prevent a quarrel between Members arising out of debates or proceedings in the House.
Chapter
Chapter
75. No Member to be referred to by name
A Member shall refer to other Members by their title of office or by the name of their electorate.
Chapter
Chapter
76. Relevancy
A Member speaking shall be relevant to the subject matter of the debate.
Chapter
Chapter
77. Anticipation
A Member shall not anticipate discussion of any matter which is on the Business Paper. In determining whether discussion anticipates debate the Speaker shall have regard to the probability of the matter being debated by the House within a reasonable period and the most effective means for it to be raised.
Chapter
Chapter
78. Requirement for question to be stated
A Member may require the question to be stated by the Speaker during the debate without interrupting the Member speaking.
Chapter
Chapter
79. Interruptions not allowed – exceptions
A Member may only interrupt another Member to:
Raise a matter of privilege or contempt suddenly arising.
Call attention to a point of order.
Call attention to the want of a quorum.
Call attention to the presence of visitors.
Move a closure motion.
Move “That the Member for …. be now heard.”
Move “That the Member for …. be not further heard.”
Chapter
Chapter
80. Matters not open to debate nor amendment
The following matters are not open to debate nor amendment:
Adjournment of debate.
Adjournment of the House.
Extension of time.
Leave of the House.
Motion that a Member be suspended.
Motion that a Message be sent to the Legislative Council.
Motion that leave of absence be granted.
To withdraw or postpone an order of the day.
Personal explanation.
“That inspection of the paper be restricted to members only and that no copies or extracts thereof be permitted”.
“That visitors be ordered to withdraw”.
“That the bill be considered an urgent bill”.
"That this bill be read at a later time".
“That the Order of the Day be discharged and the bill be withdrawn”.
“That the Committee report be printed”.
“That the Member for … be further heard”.
“That the Member for … be not further heard”.
“That the Member for … be now heard.”
“That the petition not be received”.
“That the question be put as separate questions”.
“That the question be now put”.
“That the question be not now put”.
“That the Member’s speaking time be extended”.
Motion to permit a Member to make an inaugural or valedictory speech.
Chapter
Chapter
81. Abuse of forms of House
The Speaker shall not receive a second time in a sitting, any question which is not open to debate or amendment if, in the Speaker’s opinion, it would amount to an abuse of the orders or forms of the House, or is moved for the purpose of obstructing business.
Chapter
Chapter
82. Adjournment of debate
A motion for the adjournment of a debate may only be moved by a Member who has not spoken to the question.
Chapter
Chapter
83. Resumption of adjourned debate
The resumption of the debate may be set down for a later hour of the same day, tomorrow or a future day by the Speaker, on request of the Member in charge of the matter. In the absence of the Member in charge of the matter, the Speaker shall set down the resumption of the debate as an order of the day for a later time.
Chapter
Chapter
84. Mover of adjournment if negatived, held to have spoken
A Member whose motion for the adjournment of a debate is negatived cannot speak later in that debate.
Chapter
Chapter
85. Maximum time limits
The following maximum time limits shall apply for debates and speeches:
Address in Reply (SO 5)
Premier - unspecified
Leader of the Opposition - unspecified
Mover - 15 minutes†
Any other Member - 15 minutes†
Reply - 15 minutes†
Bills (SO 188-239)
Second Reading:
(i) Introduced by a Minister
Mover - unspecified
Leader of the Opposition or
one Member deputed,
next speaking - unspecified
Any other Member - 10 minutes†
Reply - unspecified
(ii) Appropriation Bill
Mover - unspecified
Party Leaders - unspecified
Any other Member - 15 minutes†
Reply - unspecified
(iii) Introduced by a Private Member
Mover - unspecified
Premier or one Minister
deputed - unspecified
Leader of the Opposition
or one Member deputed - unspecified
Any other Member - 10 minutes†
Reply - unspecified
Consideration in detail of bill or other matter (SO 240-242)
Minister - unspecified number of periods limited to 15
minutes each
Leader of the Opposition or
one Member deputed - unspecified number of periods limited to 15
minutes each
Any other Member - three periods each on any one question not
exceeding 5 minutes each.
Bill be now read a third time after consideration in detail (SO 217)
All Members - 10 minutes†
Committees, reports from – take note debate (SO 306)
Chair or Member tabling
the Report - 6 minutes
Any other Member - 4 minutes
(Question being put after 22 minutes)
Community Recognition Statements (SO 108A)
Member making statement - 1 minute each.
Days and times of meeting (SO 34)
Mover - 5 minutes
Three other Members - 5 minutes
Reply - 5 minutes
Public Interest Debate (SO 109)
Mover - 7 minutes
Six other Members - 5 minutes
Reply - 3 minutes
Debates not otherwise provided for
All Members - 20 minutes*
Expulsion of a Member (SO 254)
Mover - 30 minutes*
Member next speaking - 30 minutes*
Any other Member - 20 minutes*
Member in response - 20 minutes*
Reply - 20 minutes*
General Business notices of motions or orders of the day (not for bills) (SO 107)
In each debate:
Mover - 7 minutes
Member next speaking - 7 minutes
Four Members - 4 minutes each
Reply - 4 minutes
Inaugural Speech or Valedictory Speech (SO 63)
Member making inaugural speech
or valedictory speech - 20 minutes
No confidence in the Government (SO 111)
Mover - unspecified
Party Leader - unspecified
Any other Member - 30 minutes
Premier in response - 45 minutes
Reply - 45 minutes
No confidence in a Minister (SO 112)
Mover - unspecified
Minister named - unspecified
Any other Member - 20 minutes
Response by Minister - 30 Minutes
Reply - 30 minutes
No confidence in Speaker (SO 113)
Mover - unspecified
Member leading debate in
opposition to the motion - unspecified
Any other Member - 20 minutes
Response by Member
leading debate in opposition
to the motion - 30 minutes
Mover in reply - 30 minutes
Censure of Member (SO 114)
Mover - 15 minutes
Member named - 15 minutes
Four other Members - 5 minutes
Response by Member - 10 minutes
Mover in reply - 10 minutes
Censure of Speaker (SO 115)
Mover - 15 minutes
Member leading debate in
opposition to the motion - 15 minutes
Four other Members - 5 minutes
Response by Member
leading debate in opposition
to the motion - 10 minutes
Mover in reply - 10 minutes
Papers, printing of (SO 266)
All Members, including reply - 3 minutes
(The Speaker may call the Minister in reply if debate exceeds 30 minutes)
Petitions signed by 10,000 or more persons (SO 125A)
First Speaker - 5 minutes
Four other Members - 5 minutes each
Response by Minister - 3 minutes
First speaker in reply - 2 minutes
Total - 30 minutes
Private Members’ Statements (SO 108)
Member making statement - 5 minutes
Replies by Ministers - 1 minute
Privilege/Contempt (suddenly arising in House) (SO 91)
The Member may speak for 10 minutes to establish a prima facie case
Proceedings after consideration in detail
All Members - 20 minutes*
Re-ordering General Business (SO 106)
Member in charge of the bill - 3 minutes
One other Member - 3 minutes
Speaker, Deputy Speaker and Assistant Speaker, election of (SO 10, 13 and 14)
All Members - 10 minutes
Speaker’s ruling, dissent (SO 95)
All Members, including reply - 10 minutes
(The Speaker may call on Member to reply if debate exceeds 30 minutes)
Statutory Rules, disallowance (SO 116)
All Members, including reply - 10 minutes
(The Speaker may call on Member to reply if debate exceeds 30 minutes)
Suspension of Standing Orders (SO 365)
Mover - 5 minutes
One other Member - 5 minutes
Reply - 5 minutes
* A Member may request and the Speaker shall put, without debate or amendment, a question that the Member be allowed to continue that speech for a further period of up to 10 minutes.
† A member may request and the Speaker shall put, without debate or amendment, a question that the Member be allowed to continue that speech for a further period of up to 5 minutes.
Chapter
Chapter
86. Motion “That the question be put”
A motion may be made by any Member, “That the question be now put”. Such motion:
May be moved whilst another Member is addressing the House;
Shall be put forthwith and decided without amendment or debate;
Must be carried by at least 30 Members in the affirmative; and
May not be moved before 10.30 a.m. on any day when the House meets at an earlier time.
Chapter
Chapter
87. Closure – right of reply
Whenever the closure is carried on a motion, the mover of the original motion, if entitled to a reply, shall be permitted to speak for up to 30 minutes or a lesser time if specified.
Chapter
Chapter
88. Limitation of application
The carrying of the closure only affects the last question proposed to the House.
Chapter
Chapter
89. Closure – consequential divisions
When the House has carried the question “That the question be now put” and any reply has been made, the Speaker shall then put any questions that are consequential on the carriage of the closure motion.
Chapter
Chapter
90. Closure – allocation of time for discussion
The Premier, or a Minister acting on the Premier’s behalf, may at any time state in the House the intention of the Government to deal with any business to a certain stage at a specified time at the next or a subsequent sitting.
Written notification must subsequently be given to the Speaker and the Party Leaders and the notice shall be published in the Business Paper.
To give effect to the notification a Member shall move at the specified time on the date given or at a later time at the same sitting the motion “That the question be now put”.
The carrying of this question is an instruction to the Speaker to put to the vote every question necessary to give effect to the notification. No further debate, amendment or reply is permitted.
After the carrying of the closure, the Speaker shall put to the vote any amendments proposed by a Minister provided that the amendments were lodged with the Clerk and printed and circulated by the Clerk at least 2 hours before the specified time.
The closure may not be moved on any question contained in a notification of allocation of time under this Standing Order.
If the closure under this Standing Order is agreed to during the second reading stage and there have been no Minister’s amendments circulated, the Speaker shall forthwith put to the vote the third reading of the Bill.
Chapter
Chapter
91. Speaking to privilege
A Member may rise on a matter of contempt or a breach of privilege suddenly arising relating to the proceedings then before the House. In order to move a substantive motion immediately or to request the Speaker to have a notice placed on the Business Paper with precedence, the Member must satisfy the Speaker that:
the matter is one suddenly arising, relating to a matter then before the House which should be dealt with at the earliest opportunity;
there is a prima facie case; and
the Member has prepared a notice of motion.
When a matter of contempt or a breach of privilege suddenly arising relating to the proceedings then before the House is raised, the business before the House is suspended until the Speaker:
determines that there is no matter of contempt or breach of privilege; or
defers the matter and either continues or adjourns the business under consideration; or
determines that a prima facie case exists and allows a notice of motion to be moved forthwith or to have precedence for the next sitting; or
takes some other form of action.
The maximum time available to a Member to satisfy the Speaker in accordance with paragraph (1) of this Standing Order is 10 minutes. The Speaker may determine the matter prior to the expiration of the 10 minutes.
If the Speaker determines that a prima facie case exists the Member must move a motion seeking either:
the declaration of the House that a contempt or breach of privilege has occurred; or
the referral of the matter by the House to the Standing Committee on Parliamentary Privilege and Ethics for consideration.
Chapter
Chapter
92. Matters of privilege not suddenly arising
Except as provided in Standing Order 91 and in paragraph (5) of this Standing Order, a matter of privilege or contempt shall be brought before the House as follows:
A Member desiring to raise a matter of privilege or contempt must inform the Speaker of the details in writing.
The Speaker must consider the matter within 14 days and decide whether a motion to refer the matter to the Standing Committee on Parliamentary Privilege and Ethics (the Committee) is to take precedence under the Standing Orders. The Speaker must notify this decision in writing to the Member.
While a matter is being considered by the Speaker, a Member must not take any action or refer to the matter in the House.
If the Speaker decides that a motion for referral should take precedence, the Member may, at any time when there is no business before the House, give notice of a motion to refer the matter to the Committee. The notice must take precedence under Standing Order 118 on the next sitting day.
If the Speaker decides that the matter should not be the subject of a notice of referral, a Member is not prevented from giving a notice of motion in relation to the matter. Such notice shall not have precedence.
If notice of a motion is given under paragraph (4), but the House is not expected to meet on the day following the giving of the notice, with the leave of the House, the motion may be moved at a later hour of the sitting at which the notice is given.
Chapter
Chapter
93. Point of order
A Member may, at any time, raise a point of order relating to a breach of the Standing Orders or the practice of the House which shall, until disposed of, suspend the consideration and decision of every other question.
Chapter
Chapter
94. Consideration of point of order
When a Member rises on a point of order:
The Member who was speaking shall be seated.
The question only of order shall be stated to the Speaker.
The Speaker shall give a decision or hear further argument.
Chapter
Chapter
95. Dissent from Speaker’s ruling or decision
The procedure for dissenting from a ruling or decision of the Chair is as follows:
The Member must give notice of a motion at the time for notices with precedence stating the grounds of the dissent.
The notice shall be given and set down to be considered within three clear sitting days after the day on which the ruling was given.
The motion shall take precedence of all other business on the day appointed.
The Speaker shall be entitled to put the question where the debate exceeds 30 minutes, and to call on the mover in reply.
The notice lapses if not moved or postponed on the appointed day.
Any Member and the mover in reply shall each be entitled to speak for up to 10 minutes.
Chapter
Chapter
96. Leave
When the leave of the House is required it must be granted without dissent. A request for leave shall not be debated.
Chapter 8
Routine of Business
Question
Chapter
Chapter
97. Routine of Business
The House shall conduct its business in the following routine:
Tuesdays
At 12.00 noon the Speaker takes the Chair
Ministerial Statements
Giving of Notices of Motions (Government Business, Bills, Business with Precedence under Standing Order 118)
Question Time
Ministerial Statements
Papers
Committees – Tabling of reports and announcements
Petitions
Placing or Disposal of Business
Business with Precedence under Standing Order 118, if any
Giving of General Business Notices of Motion (General Notices), up to 15 minutes, then Speaker to leave the Chair
At 2.30 p.m., the Speaker resumes the Chair
Government Business
At 5.00 p.m., Public Interest Debate
Government Business (if required)
Community Recognition Statements
Private Members' Statements, after which the House shall adjourn without motion until the next sitting day.
Wednesdays
At 10.00 a.m. the Speaker takes the Chair
Giving of General Business Notices of Motion (General Notices), up to 15 minutes
Government Business until 10.50 a.m., with the Speaker to then leave the Chair and the bells rung for 20 seconds. At 11.00 a.m., the Speaker to resume the Chair.
Ministerial Statements
Giving of Notices of Motions (Government Business, Bills, Business with Precedence under Standing Order 118)
Question Time
Ministerial Statements
Papers
Committees – Tabling of reports and announcements
Petitions
Placing or Disposal of Business
Re-ordering of General Business Orders of the Day (for Bills)
Business with Precedence under Standing Order 118, if any
Government Business
At 1.00 p.m., Committee Reports – Take note debates, for up to 30 minutes, then the Speaker leaves the Chair
At 2.30 p.m., the Speaker resumes the Chair
Government Business
At 5.00 p.m., Public Interest Debate
Government Business (if required)
Community Recognition Statements
Private Members' Statements, after which the House shall adjourn without motion until the next sitting day.
Thursdays
At 10.00 a.m. the Speaker takes the Chair
Giving of General Business Notices of Motion (General Notices), up to 15 minutes
General Business Notices of Motions for Bills for up to 20 minutes
General Business Orders of the Day for Bills for up to 90 minutes
At 10.50 a.m., Speaker to leave the Chair and the bells rung for 20 seconds. At 11.00 a.m., the Speaker to resume the Chair.
Ministerial Statements
Giving of Notices of Motions (Government Business, Bills, Business with Precedence under Standing Order 118)
Question Time
Ministerial Statements
Papers
Committees – Tabling of reports and announcements
Petitions
Placing or Disposal of Business
Business with Precedence under Standing Order 118, if any
Resumption of General Business Orders of the Day for Bills, the Speaker leaves the Chair at the conclusion of the 90 minutes
At 2.30 p.m., the Speaker resumes the Chair
General Business Notices of Motions or Orders of the Day (not being Bills)
At 3.40 p.m., Government Business for up to 20 minutes
At 4.00 p.m., Petition Debate
Community Recognition Statements for 30 minutes
Private Members' Statements, after which the House shall adjourn without motion until the next sitting day.
Chapter
Chapter
98. Friday sittings
Repealed
Chapter
Chapter
99. Notices take precedence
Notices of motions shall take precedence of orders of the day, and if called upon must be moved, withdrawn, or postponed in the order in which they appear on the Business Paper or lapse.
Chapter
Chapter
100. Placing or disposal of business
The procedure for the placing or disposal of business (with the exception of establishing the program for General Business Days) is:
Each sitting day, in accordance with the Routine of Business, the Speaker shall ask if any Member wishes to postpone, withdraw or discharge any notice of motion or order of the day.
A Member may, without debate, withdraw or postpone any notice of motion standing in their name on the Business Paper for that day.
A Member may, without debate, postpone, or by motion, move to discharge an order of the day standing in their name on the Business Paper for that day.
An Order of the Day for a bill may be discharged and the bill withdrawn on one motion.
A Member, with the written authority of another Member, may act on behalf of that Member in regard to this Standing Order.
Chapter
Chapter
101. Establishing program for General Business Days
The procedure for establishing the program for General Business Days is as follows:
On Wednesdays, Members shall advise the Clerk in writing by 2.00 p.m. which General Business Notices of Motions for Bills, Orders of the Day for Bills, or Notices of Motions (not for Bills) standing in their name on the Business Paper are to be postponed. Party Whips may also advise the Clerk in writing of which items of General Business standing in the name of Members of their party are to be postponed.
The first ten notices on the Business Paper, not advised to be postponed by 2.00 p.m. on the day preceding a General Business Day, will be deemed to be proceeding. Any General Business Order of the Day for Bills re-ordered by the House to have precedence in accordance with Standing Orders 97 and 106 will retain such precedence.
On any day when General Business is being considered by the House, a Member may, without debate:
withdraw or postpone any notice of motion standing in their name on the Business Paper for that day.
postpone, or on motion, discharge an Order of the Day standing in their name on the Business Paper for that day.
discharge an Order of the Day for a Bill on motion without debate or amendment, “That the Order of the Day be discharged and the Bill withdrawn”.
Chapter
Chapter
102. Ministers may arrange
Ministers may arrange Government Business in any order.
Chapter
Chapter
103. Times for Ministerial Statements
Ministerial Statements may be made at the times indicated in the Routine of Business or at other times by leave of the House.
Chapter
Chapter
104. Duration of Ministerial Statements
Ministerial Statements are of unlimited duration and the Leader of the Opposition or any Member deputed may respond for the same period of time.
Chapter
Chapter
105. Precedence and lapsing of General Business
General Business Notices of Motions and Orders of the Day shall retain their relative places on the Business Paper and be considered in the order in which they are given or set down.
General Business interrupted by the operation of the Routine of Business shall stand adjourned and be set down as an Order of the Day for tomorrow with precedence of all other notices and orders, except any General Business Order of the Day accorded precedence for that day in accordance with Standing Order 106.
General Business Notices of Motions (for bills) and Orders of the Day (for bills) not commenced or completed 6 months from the date given shall lapse.
General Business Notices of Motions (not being bills) and Orders of the Day (not being bills) not commenced or completed 3 months from the date given shall lapse.
Chapter
Chapter
106. Re-ordering General Business Orders of the Day (for Bills)
At the re-ordering of General Business Orders of the Day (for Bills) in the Routine of Business:
Any two Private Members may move to re-order an Order of the Day for a bill of which they have carriage, to give precedence to the resumption of the debate over other Orders of the Day listed for the following sitting day.
The carrying of one motion in (1) above prevents another Member moving a subsequent motion.
On a motion for re-ordering, the Member in charge of the bill shall be permitted to make a statement of up to 3 minutes and one other Member may reply for up to 3 minutes.
Chapter
Chapter
107. Debate on General Business Notices of Motions or Orders of the Day (not being Bills)
At the time listed in the Routine of Business, the House will consider General Business Notices of Motions or Orders of the Day (not being Bills).
In each debate the following time limits shall apply:
Mover - 7 minutes
Member next speaking - 7 minutes
Four Members - 4 minutes each
Reply - 4 minutes
Chapter
Chapter
108. Private Members’ Statements
The procedure for Private Members’ Statements is as follows:
In accordance with the Routine of Business, the Speaker shall ask if there are any Private Members’ Statements.
Up to 75 Private Members’ Statements may be made over any one sitting week, within the time allocated in the Routine of Business, for up to 5 minutes each and replies by Ministers shall be limited to 1 minute each.
Private Members’ Statements may be taken between items of business with the leave of the House for a specified period or a specified number of Members or until certain business is to be conducted as notified by the Minister in charge of the House at that time.
A division on any question or quorum call shall not be permitted during Private Members’ Statements.
Chapter
Chapter
108A. Community Recognition Statements
The procedure for Community Recognition Statements is as follows:
Community Recognition Statements must not contain:
Matters of policy;
Requests for the Government or the House, or another body to take some form of action or not; or
Criticisms or negative reflections on any person, including Members, Office Holders, the Government, the Opposition or a third party.
Written Statements
Each Member can make three written Community Recognition Statements each sitting day.
Statements must be lodged electronically with the Table Office by 12.00 noon on a sitting day for publication in Hansard that day.
Written statements must not exceed 200 words.
A statement not conforming with the rules or with the practice of the House can:
Under the authority of the Speaker, be amended by the Clerk.
Be ordered by the Speaker not to be included in Hansard.
Statements given in the House
In accordance with the Routine of Business, the Speaker will ask if there are any
Community Recognition Statements.
Members may not give consecutive Community Recognition Statements.
Members may make Community Recognition Statements for up to 1 minute each, for a total of 30 minutes.
Community Recognition Statements may be taken between items of business with the leave of the House for a specified period or a specified number of Members or until certain business is to be conducted as notified by the Minister in charge of the House at that time.
Chapter
Chapter
109. Public Interest Debates
The procedure for the consideration of Public Interest Debates shall be as follows:
The notice of motion for debate must be submitted to the Speaker by 12.00 noon on the day of the debate.
The motion will be submitted by:
Government – sitting day Tuesdays
Opposition – first and second sitting day Wednesdays
Cross bench – third sitting day Wednesdays
The Speaker will determine whether the notice is in order.
The Speaker will publish and announce the subject matter of the notice of motion in the House after the lunch break.
The following time limits shall apply to the debate: Mover - 7 minutes
Six other Members - 5 minutes each
Reply - 3 minutes
Total - 40 minutes
At least one Member speaking in the debate must be from the cross bench.
Chapter
Chapter
110. Matters of Public Importance
Repealed
Chapter
Chapter
111. No confidence in the Government - section 24B(2) Constitution Act 1902
The procedure for motions of no confidence in the Government, pursuant to section 24B(2) of the Constitution Act 1902 is as follows:
A notice of motion must be given at the time for giving notices for business with precedence.
The motion shall take precedence of all other business on a sitting day that is not less than 3 clear days after the notice has been given.
The motion may not be postponed or amended.
The motion may be withdrawn with the leave of the House.
Debate on such motion shall not be adjourned and the sitting of the House shall continue until the question is determined.
The following time limits apply to this debate: Mover - unspecified
Party Leader - unspecified
Any other Member - 30 minutes
Premier in response - 45 minutes
Reply - 45 minutes
The following motions cannot be moved: That the Member be now heard.
That the Member be not further heard.
That the question be not now put (previous question).
The motion “That the question be now put” (closure) cannot be moved until at least 8 Members (inclusive of the mover and Party Leader(s)) have spoken to the original question before the House. The effect of the closure being agreed to does not preclude the response of the Premier.
During the currency of debate the Speaker shall leave the Chair at the time for adjournment each day and the sitting shall resume at 10.00 a.m. on each successive business day until the matter is determined.
Chapter
Chapter
111A. No confidence in the Government
The procedure for motions of no confidence in the Government is as follows:
A notice of motion must be given at the time for giving notices for business with precedence.
The notice shall be called on at the next sitting day on which business with precedence is considered.
The motion may not be postponed or amended.
The motion may be withdrawn with the leave of the House.
If the motion is adjourned or interrupted it will be set down as an order of the day and considered on the next day that business with precedence is considered.
The following time limits apply to this debate:
Mover - unspecified
Party Leader - unspecified
Any other Member - 30 minutes
Premier in response - 45 minutes
Reply - 45 minutes
The following motions cannot be moved: That the Member be now heard.
That the Member be not further heard.
That the question be not now put (previous question).
The motion “That the question be now put” (closure) cannot be moved until at least 8 Members (inclusive of the mover and Party Leader(s)) have spoken to the original question before the House. The effect of the closure being agreed to does not preclude the response of the Premier.
Chapter
Chapter
112. No confidence in a Minister
The procedure for a motion of no confidence in a Minister is as follows:
A notice of motion must be given at the time for giving notices for business with precedence.
The notice shall be called on at the next sitting day on which business with precedence is considered.
The motion may not be postponed or amended.
The motion may be withdrawn with the leave of the House.
If the motion is adjourned or interrupted it will be set down as an order of the day and considered on the next day that business with precedence is considered.
Debate will be as follows: Mover - unspecified
Any other Member - unspecified
Response by Minister - 20 minutes
Mover in reply - 30 minutes
The following motions cannot be moved:
That the Member be now heard.
That the Member be not further heard.
That the question be not now put (previous question).
The motion “That the question be now put” (closure) cannot be moved until at least 4 Members (inclusive of the mover and Minister named) have spoken on the original question before the House. The effect of the closure being agreed to does not preclude the response by the Minister named.
Chapter
Chapter
113. No confidence in Speaker
The procedure for a no confidence motion in the Speaker is as follows:
A notice of motion must be given at the time for giving notices for business with precedence.
The notice shall be called on at the next sitting day on which business with precedence is considered.
The motion may not be postponed or amended.
The motion may be withdrawn with the leave of the House.
If the motion is adjourned or interrupted it will be set down as an order of the day and considered on the next day that business with precedence is considered.
Debate will be as follows:
Mover - unspecified
Member leading the debate in
opposition to the motion - unspecified
Any other Member - 20 minutes
Response by Member leading
the debate in opposition to
the motion - 30 minutes
Mover in reply - 30 minutes
The following motions cannot be moved:
That the Member be now heard.
That the Member be not further heard.
That the question be not now put (previous question).
The motion “That the question be now put” (closure) cannot be moved until at least 4 Members (inclusive of the mover and Member leading the debate in opposition to the motion) have spoken on the original question before the House. The effect of the closure being agreed to does not preclude the response of the Member leading the debate in opposition to the motion.
Chapter
Chapter
114. Censure of a Member
The procedure for a motion of censure of a Member is as follows:
A notice of motion must be given at the time for giving notices for business with precedence.
The notice shall be called on the same sitting day at which the notice was given at the time set aside for business with precedence.
If the motion is adjourned or interrupted it will be set down as an order of the day and considered on the next day that business with precedence is considered.
Debate will be as follows:
Mover - 15 minutes
Member named - 15 minutes
Four other Members - 5 minutes
Response by Member - 10 minutes
Mover in reply - 10 minutes
The following motions cannot be moved:
That the Member be now heard.
That the Member be not further heard.
That the question be not now put (previous question).
The motion “That the question be now put” (closure) cannot be moved until at least 4 Members (inclusive of the mover and Member named) have spoken on the original question before the House. The effect of the closure being agreed to does not preclude the response of the Member named.
Chapter
Chapter
115. Censure of Speaker
The procedure for a motion of censure of the Speaker is as follows:
A notice of motion must be given at the time for giving notices for business with precedence.
The notice shall be called on the same sitting day at which the notice was given at the time set aside for business with precedence.
If the motion is adjourned or interrupted it will be set down as an order of the day and considered the next day that business with precedence is considered.
Debate will be as follows:
Mover - 15 minutes
Member leading the debate in
opposition to the motion - 15 minutes
Four other Members - 5 minutes
Response by Member leading
the debate in opposition
to the motion - 10 minutes
Mover in reply - 10 minutes
The following motions cannot be moved:
That the Member be now heard.
That the Member be not further heard.
That the question be not now put (previous question).
The motion “That the question be now put” (closure) cannot be moved until at least 4 Members (inclusive of the mover and Member leading the debate in opposition to the motion) have spoken on the original question before the House. The effect of the closure being agreed to does not preclude the response of the Member leading the debate in opposition to the motion.
Chapter
Chapter
116. Disallowance of statutory rules
The procedure for a motion to disallow a statutory rule or instrument is as follows:
The notice, if given within 15 sitting days after tabling, shall be set down on the Business Paper for the next sitting day with precedence.
Such motions shall have priority in the order given.
Time limits apply to this debate.
Chapter
Chapter
117. Unproclaimed Legislation
On the second sitting day of each session and then every 15th sitting day thereafter, the Speaker shall table a list of legislation remaining unproclaimed 90 days after assent.
Chapter
Chapter
118. Business with Precedence
The following matters constitute Business with Precedence and shall be dealt with in the following order in the Routine of Business, unless otherwise provided for:
Dissent from Speaker’s ruling.
No confidence in the Government, Minister or Speaker.
Censure of Member or Speaker.
Privilege/ contempt.
Expulsion of a Member.
Arrangement of business of the House.
Days and hours of sitting.
Disallowance of statutory rules.
Business accorded precedence by the House.
Votes of thanks or condolence.
Printing of papers.
Motions of condolence and motions for the printing of papers may be moved without notice at any time.
Chapter 9
Petitions
Question
Chapter
Chapter
119. Lodgement of paper petitions
A paper petition must be lodged with the Clerk by 10 a.m. on the day it is to be reported to the House.
Chapter
Chapter
119A. Lodgement of electronic petitions
An electronic petition is considered to be lodged with the Clerk once the petition is no longer open for signatures.
Chapter
Chapter
120. Clerk’s certificate – paper petitions
A paper petition must bear the Clerk's certification that it is in conformity with the Standing Orders.
Chapter
Chapter
120A. Conformity with the Standing Orders – electronic petitions
An electronic petition is in conformity with the Standing Orders when it is open for signatures.
Chapter
Chapter
121. Contents of paper petitions
A paper petition must:
Be legible and contain no alterations.
Be in English or be accompanied by a translation certified to be correct by the lodging Member.
Contain the request of the petitioner(s).
Contain the names and addresses of the petitioner(s) and their own original signatures on sheets containing the petition or the request and they must not be pasted on or otherwise transferred to the petition.
A petitioner unable to write may affix their mark in the presence of a witness who shall list their own name and address as well as the name and address of the petitioner.
Contain at least one signature on the same sheet as the request.
Be respectful, decorous, and temperate in its language, and not contain irrelevant statements.
If from a corporation, be made under its common seal.
Be received only as the petition of the parties signing the same.
Chapter
Chapter
121A. Contents of electronic petitions
An electronic petition must:
Be in English.
Contain the request of the petitioner expressed in no more than 250 words.
Be respectful, decorous, and temperate in its language, and not contain irrelevant statements.
Be supported by at least five people before it is open to the public for signatures, with the petitioner and all signatories residents of New South Wales.
Be open for signatures for a period of three, twelve or twenty four weeks.
Be received only as the petition of the parties signing the same.
Chapter
Chapter
122. Petitions must not contain
A paper petition or electronic petition must not:
Have letters, affidavits, or other documents attached to it, except if it is a petition for a private bill.
Make reference to any debate in Parliament.
Be lodged by a Member who has signed the paper petition as a petitioner.
Contain language disrespectful to either House or the Governor.
Chapter
Chapter
123. Procedure for lodgement and presentation of paper petitions
The procedure for the lodging and presentation of a paper petition is as follows:
The Member must be acquainted with the contents of the paper petition.
The Member must ensure that the paper petition is in conformity with the Standing Orders.
The Member must sign the front sheet and, if applicable, certify that the paper petition has been signed by 500 or more persons.
The paper petition may be lodged for presentation with the Clerk.
In the House the Clerk shall announce that paper petitions have been received.
The terms of the paper petition presented shall be printed in Hansard and in the Votes and Proceedings.
No discussion upon the subject matter of a paper petition shall be allowed, except in accordance with Standing Order 125A or by way of substantive motion.
Chapter
Chapter
123A. Procedure for lodgement and presentation of electronic petitions
The procedure for the lodging and presentation of an electronic petition is as follows:
The Member must be acquainted with the contents of the electronic petition.
The Member must agree to present the electronic petition.
The electronic petition is considered presented after it is no longer open for signatures.
In the House the Clerk shall announce that electronic petitions have been received.
The terms of the electronic petition presented shall be printed in Hansard and in the Votes and Proceedings.
No discussion upon the subject matter of an electronic petition shall be allowed, except in accordance with Standing Order 125A or by way of substantive motion.
Chapter
Chapter
124. Petitions deemed to have been received
Paper petitions and electronic petitions shall be deemed to be received by the House unless a motion, moved on the next sitting day, is agreed to, without debate or amendment, that a petition be not received.
Chapter
Chapter
125. Referral to Minister and response
A copy of every paper petition and electronic petition lodged with the Clerk and received by the House shall be referred by the Clerk to the Minister responsible for the administration of the matter which is the subject of the petition or electronic petition.
The Minister must lodge a response with the Clerk within 35 calendar days of a paper petition or electronic petition being received by the House if that paper petition or electronic petition has been signed by 500 or more persons.
The receipt of the response shall be reported to the House by the Clerk and a copy of the response sent to the Member who lodged the paper petition or electronic petition. The response shall also be published.
Chapter
Chapter
125A. Debate on petitions signed by 10,000 or more persons
The subject matter of every paper petition or electronic petition received by the House and certified by a Member and announced by the Speaker as having been signed by 10,000 or more persons, 20,000 or more persons for electronic petitions, shall be automatically set down as an Order of the Day "That the House take note of the petition".
The Order of the Day shall take place at 4.00 p.m. on the Thursday of the next sitting week.
Any further paper or electronic petitions received before the first Order of the Day is disposed of shall be set down on succeeding Thursdays in the order in which they are presented.
The following time limits shall apply:
First speaker – 5 minutes
Four other Members – 5 minutes each
Response by Minister – 3 minutes
First speaker in reply – 2 minutes
Total – 30 minutes
If a Member does not seek the call when the Order of the Day is called on, the Order of the Day will lapse.
Chapter 10
Questions seeking information
Question
Chapter
Chapter
126. Question to Ministers
A Minister may be asked a question which relates to:
Public affairs;
Matters under the Minister's administration; or
Proceedings pending in the House for which the Minister has carriage.
Chapter
Chapter
127. Question to committee Chair
A Member, being the Chair of a committee, may be asked a question relating to the affairs of the committee.
Chapter
Chapter
128. Rules for questions
The following general rules apply to both oral and written questions:
Questions cannot be debated.
Questions should not contain –
statements of facts or names of persons unless they are strictly necessary to render the question intelligible and can be authenticated;
argument;
inference;
imputation;
epithets;
ironical expression;
expression of opinion; or
hypothetical matter.
Questions should not ask for –
an expression of opinion;
legal opinion;
an announcement of government policy; or
confirmation of rumour or media reports.
Chapter
Chapter
129. Answer relevant
An answer shall be directly relevant to the question asked.
Chapter
Chapter
130. Answer not to debate
In answering a Member shall not debate the matter to which the question relates.
Chapter
Chapter
131. Question Time (oral questions)
The procedure for Question Time is as follows:
Questions are asked orally and may be read and are subject to the same rules as written questions but shall not be recorded in the Questions and Answers Paper.
An answer to a question must not exceed three minutes.
At the conclusion of the Minister's answer to a question, the member who asked the question may, at the discretion of the Speaker, seek additional information from the Minister. The Minister's response on the additional information must not exceed two minutes.
No question shall be asked after 55 minutes from the Speaker calling on questions or the answering of 14 questions, whichever is the longer. So long as Question Time has a maximum period that does not exceed 70 minutes.
One supplementary question per Question Time may be asked immediately by the Member asking the original question. The answer shall count as one of the 14 answers.
The Leader of the Opposition is entitled to be called first by the Speaker at the commencement of Question Time.
Ministers seeking to provide additional information to questions already answered at the current or a previous sitting shall do so at the conclusion of Question Time.
Crossbench Members of Parliament are permitted at least two questions per Question Time, at question number 5 and question number 13.
Points of order taken during an answer to a question should not be vexatious, repetitive, interfering or used to make a statement in response to the answer.
When under Standing Order 49A the Speaker has stopped the clock during an answer in Question Time, the Member's speaking time clock shall be stopped but the overall timing clock for Question Time shall continue to run.
Chapter
Chapter
132. Written questions
The procedure for written questions is as follows:
Questions shall be lodged in the Table Office by 12.00 noon on a sitting day for publication in the next sitting day’s paper.
A question containing argument, unbecoming expressions or otherwise not conforming with the practice of the House may:
Under the authority of the Speaker, be amended by the Clerk or divided if it contains matters that are not relevant to each other.
Be ordered not to be printed by the Speaker or removed from the Questions and Answers Paper.
The number of questions able to be lodged over one sitting week are:
Members – Nine questions per sitting week;
Leader of the Opposition – Twelve questions per sitting week.
Ministers shall lodge answers to written questions within 35 calendar days after the question is first published. Answers must be submitted by 12.00 noon on the due date, to be published in the next sitting day’s paper. Any answers lodged after this time will be published at a subsequent time. Answers must be signed and may be lodged in either hard copy or electronically.
If an answer to a written question is not received within 35 calendar days the Speaker, at the next sitting day after the expiry date, shall forthwith inform the House and the Minister shall immediately explain to the House the reason for non-compliance.
If the Minister, after explanation in the House, has not submitted an answer within 3 sitting days the Speaker shall again inform the House and the Minister shall again be called to explain. The Minister will continue to be called each sitting day until a written answer is submitted.
Chapter 11
Notices of motions
Question
Chapter
Chapter
133. Notice given verbally
A notice of motion for:
A bill;
Government Business;
No confidence in the Government, Minister or Speaker, or censure of Member or Speaker; and
Business with Precedence, (SO 118) with the exception of motions of condolence and the printing of papers
must be given verbally at the time prescribed in the Routine of Business.
General Business Notices of Motions (General Notices):
May only be given when called for at the time prescribed in the Routine of Business each day;
The period for giving a General Business Notice of Motion (General Notice) must not exceed thirty seconds;
The period for the giving of General Business Notices of Motions (General Notices) is limited to a maximum of 15 minutes. The Speaker has discretion to allow the giving of notices to exceed this 15 minute period.
Chapter
Chapter
134. Copy handed to Clerk
At the time of giving notice the original signed notice must be handed to a Clerk at the Table.
Chapter
Chapter
135. Notice by another Member
A Member by written request may give a notice of motion for another Member. The other Member’s name must appear on the notice with the signature of the Member giving the notice.
Chapter
Chapter
136. Order on Business Paper
Notices of motions are set down on the Business Paper in the order in which they are given.
Chapter
Chapter
137. Argument or unbecoming expressions
A notice containing argument, unbecoming expressions or otherwise not conforming with the practice of the House may:
Under the authority of the Speaker, be amended by the Clerk or divided if it contains matters that are not relevant to each other.
Be ordered not to be printed by the Speaker, or removed from the Business Paper.
Chapter
Chapter
138. Giving more than one notice
Members (except Ministers) may not give more than one notice consecutively, except in the case of notices for disallowance of statutory rules.
Chapter
Chapter
139. Alterations of notices
To alter a notice of motion already given, a Member must hand in an amended notice at least one sitting day before the motion is moved. The amended notice must not exceed the scope of the terms of the original notice.
Chapter
Chapter
140. Precedence of motions
Notices of motions, called on by the Clerk, shall have precedence of each other in accordance with the order in which they appear on the Business Paper or are postponed.
Chapter
Chapter
141. Postponement or withdrawal of notices of motions
A notice of motion shall be postponed or withdrawn at the direction of the Member who gave the notice, or by another Member with the written authority of that Member, during the placing or disposal of business or when called on.
On any day when General Business is being considered by the House the Speaker has discretion to postpone any notice of motion if the Member is absent from the Chamber.
Chapter 12
Motions, Questions, Votes and Resolutions
Question
Chapter
Chapter
142. Moving motions
A Member may not move a motion unless:
Pursuant to a notice of motion appearing on the Business Paper; or
By leave; or
Pursuant to Standing Orders or Sessional Orders; or
By resolution of the House.
Chapter
Chapter
143. Speaker proposes question
After a motion has been moved the Speaker shall propose a question on the motion.
Chapter
Chapter
144. Withdrawal of motion
After a question on a motion has been proposed by the Speaker it is in possession of the House and cannot be withdrawn except by leave of the House.
Chapter
Chapter
145. Withdrawal of motion Member absent
A Member cannot seek leave of the House to move a motion to withdraw a proposed motion or amendment of another Member who is absent except with the written authority of that Member.
Chapter
Chapter
146. Amendment proposed
When an amendment is proposed to a motion the original motion cannot be withdrawn until the amendment is withdrawn or negatived.
Chapter
Chapter
147. May be brought on again
A motion which has been superseded or withdrawn may be moved again during the same session.
Chapter
Chapter
148. Parts to be put as separate questions
Repealed
Chapter
Chapter
149. Previous question
Repealed
Chapter
Chapter
150. Previous question on series of resolutions
Repealed
Chapter
Chapter
151. Question put
The Speaker shall put the question as soon as debate is concluded.
Chapter
Chapter
152. Question determined by the voices
A question being put shall be resolved in the affirmative or negative by the majority of voices “Aye” or “No” upon which the Speaker shall declare an opinion.
Chapter
Chapter
153. Separation of complicated question
When a question capable of being divided has been proposed, a Member may move a motion for the question to be put as separate questions. This question shall be decided without debate or amendment.
Chapter
Chapter
154. Same question not to be put
The Speaker may disallow any motion or amendment which is the same in substance as any question already determined in the affirmative or in the negative in the same session.
Nothing in this Standing Order shall preclude the operation of section 5B of the Constitution Act 1902.
Chapter
Chapter
155. Rescission
A vote of the House, except a motion for the passing of a bill, may be rescinded during the same session after 7 clear days notice.
Chapter
Chapter
156. Corrections
A vote or proceeding of the House containing irregularities or mistakes may be corrected at once by leave of the House or by notice of motion.
Chapter 13
Amendments
Question
Chapter
Chapter
157. Forms of amendments
After a question has been proposed by the Speaker, it may be amended by:
the omission of words:
“That the words proposed to be left out stand part of the question”.
the omission of words in order to insert or add other words: “That the words proposed to be left out stand part of the question”.
If resolved in the affirmative the amendment is disposed of;
If negatived the question proposed is “That the words to be inserted (or added) be so inserted (or added)”.
the insertion or addition of words:
“That the words proposed to be inserted (or added) be so inserted (or added)”.
Chapter
Chapter
158. Question in form “That the amendment be agreed to”
The Speaker may put a question in the form “That the amendment be agreed to”.
Chapter
Chapter
159. Amendments to be written and signed
Amendments must be in writing and signed by the mover.
Chapter
Chapter
160. Relevant
Amendments must be relevant to the question which it is proposed to amend.
Chapter
Chapter
161. Not considered
Amendments shall not be considered if:
Inconsistent with a previous decision on the question.
A later part has been amended.
A question has been proposed on an amendment to a later part unless the proposed amendment has been withdrawn by leave of the House.
It is to words already resolved should stand part of the question or which have been inserted or added, unless it is an addition to those words.
Chapter
Chapter
162. Amendment dealt with in order moved
An amendment which is moved must be dealt with before a second amendment to the original question can be moved.
Chapter
Chapter
163. Withdrawal of amendment
An amendment which has been moved may be withdrawn only by leave of the House.
Chapter
Chapter
164. Amendment to amendment
An amendment may be moved to an amendment as if that amendment were the original question.
Chapter
Chapter
165. Form of question
When an amendment is moved to omit words with a view to inserting or adding others, no amendment to the words proposed to be inserted or added can be considered until the question “That the words proposed to be left out stand part of the question” is dealt with.
Chapter
Chapter
166. Original question amended
When amendments have been agreed to, the original question as amended shall be put.
Chapter 14
Orders of the Day
Question
Chapter
Chapter
167. Setting down business
Where the business before the House is adjourned or is interrupted the Speaker shall set down its resumption as an order of the day for a later time.
Chapter
Chapter
168. Precedence
Orders of the Day shall have precedence according to the order in which they appear on the Business Paper.
Chapter
Chapter
169. No notice – Order of the Day
Where there is no notice to be called on the Speaker may direct the Clerk to read the Order of the Day.
Chapter
Chapter
170. Postponement or discharge
When the Order of the Day is read it may, by the Member in charge of the Order, or with written authority by another Member on that Member’s behalf, be:
Postponed or
Discharged, on motion without debate or amendment.
Chapter
Chapter
171. Precedence for Member in charge
The Member in charge of the Order of the Day shall be entitled to speak first when the Order is read without closing the debate.
Chapter
Chapter
172. Restoration of lapsed order
After Orders of the Day have commenced, a motion for restoring a lapsed Order may be moved without notice when there is no other business before the House.
Chapter 15
Divisions
Question
Chapter
Chapter
173. Call for division
To challenge the opinion of the Speaker a Member shall call for a division before the question is declared.
Chapter
Chapter
174. Procedure for division
The procedure for calling a division is as follows:
The Speaker must first state an opinion, after putting a question, as to whether the Ayes or the Noes have it and if unchallenged declare the question accordingly.
If there has been a voice for both the Ayes and the Noes, a division may then be called for.
To call a division a Member must have called against the Speaker’s determination.
Chapter
Chapter
175. Must vote as called
A Member having called for one side cannot vote on the other and if the Speaker is satisfied that this has occurred the vote shall be recorded accordingly
Chapter
Chapter
176. Pecuniary interest
A Member cannot vote on any question in which the Member has a direct pecuniary interest not held in common with other citizens of the State.
Chapter
Chapter
177. Determining pecuniary interest
A Member’s vote may be disallowed, by way of substantive motion moved without notice after the division is completed, on the grounds of a pecuniary interest.
Chapter
Chapter
178. Entitlement to vote
A Member shall only be entitled to vote in a division if present in the House after the doors are locked.
Chapter
Chapter
179. Vote disallowed on motion
A Member’s vote may be disallowed, by way of substantive motion moved without notice after the division is completed, on the grounds that the Member was not present in the House after the doors were locked.
Chapter
Chapter
180. Procedure for Division
When a division has been called for:
The Speaker shall order the division bells to be rung for 4 minutes.
Members present shall be seated – Ayes to the right and Noes to the left of the Chair.
After the time has expired the Speaker shall order the doors to be locked.
The Speaker shall put the question.
The Speaker shall appoint two tellers for each side.
Tellers may not decline to be appointed unless excused by the Speaker.
In the event of the tellers not agreeing, other tellers shall be appointed until there is agreement.
After counting the votes the tellers shall sign the record of the division and advise the Speaker of the result, who shall declare the result of the division.
No Member shall enter or leave the Chamber until after the doors are unlocked.
Chapter
Chapter
181. Five Members or fewer, names recorded
If there are five or fewer Members on a side on a division, without completing the division, the Speaker shall declare the question resolved and the number in the minority and their names shall be recorded.
Chapter
Chapter
182. Error in tally
Unless corrected, another division shall be called if there is confusion or error in the numbers reported.
Chapter
Chapter
183. Correction of records
A complaint that a division has been inaccurately reported in the Votes and Proceedings and Hansard must be raised as a point of order in the House and the Speaker, if satisfied, may cause the record to be corrected.
Chapter
Chapter
184. Member presiding - casting vote
In the event of an equality of votes, the Member presiding shall give a casting vote and any reasons given may be recorded in the Votes and Proceedings.
Chapter
Chapter
185. Successive divisions
If a second division is called for and the bells rung following limited or no intervening debate after an earlier division and sufficient time has elapsed after the division bell has been rung, the Speaker may, with the leave of the House, order the doors to be locked and the vote taken.
Chapter
Chapter
186. Pairs
Members pairing on any division shall be recorded on the tellers’ lists and printed in the Votes and Proceedings and Hansard.
Chapter
Chapter
187. Restrictions on divisions
The House shall not conduct a division on any question before 10.30 a.m. on days when the House meets at an earlier time, during Private Members’ Statements, or Community Recognition Statements. If a division is called prior to 10.30 a.m. on such days, the division shall be deferred and conducted at 10.30 a.m. and any business then before the House shall be interrupted and recommenced after the division(s).
Chapter 16
Bills
Question
Chapter
Chapter
188. Introduction of bills
The procedure for the introduction and the passage of a bill up to the mover’s second reading speech is as follows:
The title of a bill must agree with the notice of intention to present it, and every clause must come within the title. It shall not be necessary to specify in the long title every Act which it is proposed to amend.
A notice of motion shall be given: “I give notice of motion to introduce the [short title of the bill]”. It is sufficient for the mover to read the short title.
The motion to introduce the bill may be moved on the same day notice is given and shall include the long title.
The question “That this bill be now introduced” shall be put without debate or amendment and the bill shall be taken as read a first time without question put.
The bill as introduced shall correspond with the notice of motion.
Three copies of the bill shall be handed to the Clerk.
The bill shall be printed, with an explanatory note if applicable, without motion put.
The motion “That this bill be now read a second time” may be moved forthwith or set down for a later time.
Immediately following the mover’s second reading speech the debate shall be adjourned.
The mover shall ask the Speaker to fix the resumption of the debate as an Order of the Day for a future day which shall be at least five clear days ahead.
On the reading of the Order of the Day a motion may be moved “That this bill be now read a second time”, or “That the order be postponed” or, on a motion without notice, “That the order be discharged and the bill be withdrawn”.
Chapter
Chapter
188A. Responding to matters raised by the Legislation Review Committee
The Member with carriage of a bill shall, if reasonably practicable, address any matters raised by the Legislation Review Committee in its report on the bill during the bill's second reading debate.
If not reasonably practicable for a response to be made during the debate, and a response has not been given in the House, the Member with carriage is to provide a response to the matters raised by the Legislation Review Committee by correspondence to the Committee.
Chapter
Chapter
189. Procedure for urgent bills
The procedure for the consideration of a bill as an urgent bill is as follows:
Sufficient copies being available to Members, the Member in charge of the bill, after making a second reading speech, may declare a bill to be an urgent bill.
The question “That the bill be considered an urgent bill” is put forthwith, no debate or amendment being allowed.
If agreed to, the second reading debate and other stages may be proceeded with forthwith or at any time during that or any future sitting of the House.
Chapter
Chapter
190. Governor's message required
The House shall not proceed upon any bill for the appropriation of any part of the Consolidated Fund, or for any other tax or impost for any purpose which has not been first recommended by message of the Governor during the Session in which such bill shall be passed. This provision does not apply to a bill introduced by a Minister or to a vote or resolution proposed by a Minister.
Chapter
Chapter
191. Private Member may introduce public bill
A public bill may be introduced by a private member.
Chapter
Chapter
192. Certain bills deemed public
A bill for the improvement of a council area and promoted by that council shall be deemed and taken to be a public bill.
Chapter
Chapter
193. Procedure for cognate bills
The procedure for two or more bills to be dealt with as cognate bills is as follows:
The notice of motion for the bills shall state that the bills are cognate.
One motion may be moved and one question put in regard to, respectively, the introduction, the second reading, the consideration in detail stage and the third reading of the bills together.
The bills may be considered together in detail.
Chapter
Chapter
194. Second and third reading of cognate bills
An amendment may be moved to a question on the second or third reading of cognate bills to leave out one or more of the bills from the question.
Chapter
Chapter
195. Separate questions
In respect of cognate bills, a Member may move a motion for the question to be put on the second or third reading of cognate bills as separate questions.
Chapter
Chapter
196. Consideration of Council amendments
Council amendments in cognate bills may be considered together in detail.
Chapter
Chapter
197. Presentation to the Governor
Cognate bills shall not be presented to the Governor for assent until all bills have been passed or otherwise disposed of.
Chapter
Chapter
198. Amendment – referral to committee
Amendments may be moved to the question “That this bill be now read a second time” to leave out all words after the word “That” and adding words to refer the bill to a committee (as specified).
Chapter
Chapter
199. Disposal of bill
An amendment may be moved to the question “That this bill be now read a second time” to leave out all words after “That" and adding “this bill be disposed of”. No amendment may be moved to this amendment.
Chapter
Chapter
200. Amendment – deferral of question
An amendment may be moved to the question “That this bill be now read a second time” to leave out the word “now” and adding a later time.
Chapter
Chapter
201. Report from committee
The report of a committee on a bill, having been tabled shall be set down for consideration with the bill as an Order of the Day for a later time.
Chapter
Chapter
202. Discharge of order and introduction of second bill
An Order of the Day for the second reading (or any subsequent stage of a bill) having been discharged and the bill withdrawn, the House may direct on motion for another bill to be brought in.
Chapter
Chapter
203. Proceedings after the second reading
After the second reading, the Member in charge of the bill shall move forthwith, without debate or amendment, “That this bill be now read a third time” unless:
A Member requests consideration of the bill in detail; or
The Member in charge of the bill:
moves a motion for consideration in detail pro forma; or
requests the Speaker to set down consideration of the bill in detail as an Order of the Day for a later time.
Chapter
Chapter
204. Pro forma consideration in detail
The procedure for dealing with a pro forma consideration in detail is as follows:
After the second reading, the Member in charge of the bill shall move “That the House consider the bill in detail pro forma”. The question shall be put without amendment or debate.
The proposed amendments, which have been previously printed, shall be put in one question, without amendment or debate, “That the amendments as printed be inserted in the bill”.
If the motion is agreed to the bill shall be reprinted in its amended form, set down for reconsideration and, on reconsideration, be dealt with as if considered for the first time.
If the question for the pro forma consideration, or for the inclusion of the amendments is negatived, the bill shall be proceeded with in consideration in detail in the usual manner.
Chapter
Chapter
205. Preamble postponed
A preamble in a bill shall not be considered until after all the clauses and schedules and a question shall be proposed “That the preamble be agreed to”.
Chapter
Chapter
206. Words of enactment not put
The words of enactment in the bill shall not be considered.
Chapter
Chapter
207. How clause read
The Speaker shall refer to the clauses/schedules by number.
Chapter
Chapter
208. Clauses read and put
On each clause/schedule, the Speaker shall propose a question “That the clause/schedule be agreed to”. Clauses/schedules may be considered separately or, by leave, in groups or as a whole.
Chapter
Chapter
209. Order of consideration
Clauses, schedules and amendments shall be considered in detail in the following order:
Clauses/schedules as printed together with proposed new clauses/schedules, in their numerical order.
Postponed clauses/schedules in their numerical order.
Preamble (if any).
(Long title (if any).
Chapter
Chapter
210. Amendments relevant
Amendments may be moved to any part of the bill provided they are within the long title of the bill or relevant to the subject matter of the bill and are otherwise in conformity with the Standing Orders and practice.
Chapter
Chapter
211. Long title amended
If an amendment has been made in the bill, necessitating an amendment to the long title a question shall be proposed, “That the long title, as amended, be the long title of the bill”.
Chapter
Chapter
212. Clauses put as amended
If a clause/schedule is amended, a further question shall be proposed “That the clause/schedule as amended be agreed to”.
Chapter
Chapter
213. Clauses postponed
A clause/schedule, or a clause/schedule which has been amended, may be postponed and shall be considered at the end of the bill or as otherwise ordered.
Chapter
Chapter
214. Relevancy
During consideration of a matter in detail, debate must be relevant to the subject matter of the clause, schedule or amendment under consideration.
Chapter
Chapter
215. Reconsideration
A clause/schedule that has been passed with or without amendment cannot be reconsidered and amended unless the House agrees to reconsider it in detail.
Chapter
Chapter
216. Referral to Committee
A motion to refer a bill to a committee cannot be moved after the consideration in detail stage on the bill.
Chapter
Chapter
217. Reconsideration in whole or part
After consideration in detail a bill may be reconsidered in whole or in part by amendment to the motion “That this bill be now read a third time”.
Chapter
Chapter
218. Bill passes
After the third reading no further question shall be put, and the bill shall have passed the House.
Chapter
Chapter
219. Corrections
Amendments of a clerical, typographical, or formal nature and other obvious errors may be corrected in any part of the bill by the Clerk.
Chapter
Chapter
220. Clerk's certificate
A bill having been read a third time, the Clerk shall certify, at the top of the first page “That this public [or private] bill, originated in the Legislative Assembly and, having this day passed, is now ready for presentation to the Legislative Council for its concurrence.”
Chapter
Chapter
221. Message to Council
A bill having been certified by the Clerk shall be sent to the Council with a message signed by the Speaker desiring the concurrence of that House.
Chapter
Chapter
222. Return of bill with proposed amendments
An Assembly bill returned from the Council with amendments shall be reported and the Speaker shall fix a later time for the consideration of the amendments or the amendments may be considered in detail forthwith.
Chapter
Chapter
223. Consideration of Council amendments
The Order of the Day having been read, amendments made by the Council in an Assembly bill shall be considered in detail.
Chapter
Chapter
224. Forms of question on Council amendments
Amendments made by the Council to an Assembly bill shall be either:
Agreed to;
Agreed to with an amendment or amendments;
Disagreed to;
Postponed as an Order of the Day; or
The bill ordered to be laid aside.
As to (1):
A message shall be sent informing the Council that the amendments have been agreed to.
As to (2):
The bill shall be returned with a schedule of the amendments to the Council amendments, certified by the Clerk, in a message desiring the concurrence of the Council.
As to (3):
A message giving reasons for the disagreement shall be sent; the Member in charge of the bill drawing up the reasons.
As to (4):
Postponed by the Member in charge as an Order of the Day.
As to (5):
A message shall be sent informing the Council that the bill has been laid aside.
Chapter
Chapter
225. Amendments to Council amendments
An amendment to a Council amendment must be:
Relevant to the matter of the Council amendment or
Consequential to the agreement or disagreement of an amendment of the Council.
Chapter
Chapter
226. Council response to amendments made on its amendments
If the Council returns an Assembly bill with a message:
Insisting on the original amendments to which the Assembly has disagreed or
Disagreeing to amendments made by the Assembly on the original amendments of the Council or
Agreeing to amendments made by the Assembly on the original amendments of the Council, with further amendments:
The Assembly may:
As to (1):
Agree to the amendments to which it had previously disagreed;
Insist on its disagreement to such amendments and lay the bill aside;
Request a conference.
As to (2):
Withdraw its amendments and agree to the original amendments of the Council;
Insist on its amendments to which the Council has disagreed and lay the bill aside;
Request a conference.
As to (3):
Agree to such further amendments of the Council;
Disagree and insist on its own amendments which the Council has amended and lay the bill aside;
Request a conference.
Nothing in this Standing Order shall affect the right of the Assembly to proceed in accordance with the provisions of section 5B of the Constitution Act 1902.
Chapter
Chapter
227. Messages on Council amendments
A message shall be sent to the Council if:
The Council’s amendments to the Assembly bill are agreed to.
A conference is desired.
The bill has been laid aside.
The bill is finally passed by the Assembly.
Chapter
Chapter
228. Privileges not insisted upon
Subject to section 5 of the Constitution Act 1902, the House will not object to legislation initiated in the Legislative Council on the ground that it contains provisions:
Imposing or otherwise dealing with pecuniary fines or penalties; or
Requiring payment of or otherwise dealing with pecuniary fees for services or for licences or similar authorities.
Chapter
Chapter
229. Procedure in the Assembly for Council bills
When the message from the Council forwarding a bill for concurrence is reported, the bill shall be introduced and read a first time without motion put.
A message forwarding a private member’s public bill or a private bill from the Council cannot be reported until the Speaker is advised which Member of the Assembly will have carriage of the bill. Once reported the bill will be set down as an Order of the Day.
A motion “That this bill be now read a second time” may be moved forthwith or made an Order of the Day for a later time. Except in the case of a private member’s bill which can only be moved when it is called on in accordance with the Routine of Business.
A truncated second reading speech may be given if the bill is received in the same form as introduced into the Council.
Immediately following the mover’s second reading speech, the debate may be adjourned or proceeded with forthwith.
If adjourned, the resumption of the debate shall be set down as an Order of the Day for a later time.
The bill shall then be proceeded with in the same manner as a bill originating in the Assembly.
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230. Return of Council bill
When a Council bill has been passed by the Assembly it shall be returned to the Council by message, with the Clerk’s certificate on the bill “That the Assembly has this day agreed to this bill with [or without] amendment.”
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231. Amendment of Council bill
A Council bill which has been amended shall be returned by message, together with a schedule of the amendments, requesting the concurrence of the Council in the amendments.
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232. Schedule of amendments
The schedule of amendments to a Council bill shall:
Contain references to the page, line, clause or schedule of the bill where the words are to be inserted or omitted;
List the amendments proposed; and
Be certified by the Clerk.
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233. Consideration of disagreements in Council bills
If the Council returns a Council bill with a message:
Disagreeing to any amendments made by the Assembly; or
Agreeing to amendments made by the Assembly with amendments.
The Assembly may by message:
As to (1):
Insist or not insist on its amendments or
Make further amendments to the bill consequent upon the disagreement of its amendments or
Order the bill to be laid aside
As to (2):
Agree to the Council’s amendments on its own amendments, with or without amendment or
Disagree to the Council amendments and insist on its own amendments which the Council has amended or
Order the bill to be laid aside.
On any further return of the bill from the Council with any of the requests of the Assembly still disagreed to, the Assembly may order the bill to be laid aside.
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234. Council amendments to Assembly amendments
If the amendments made by the Council on the Assembly’s amendments to a Council bill are:
Agreed to without further amendment, or disagreed to, and the original amendments made by the Assembly insisted on, a message shall be sent to the Council.
Agreed to with further amendments, a message shall be sent desiring the concurrence of the Council.
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235. Message to contain written reasons for disagreeing to proposed Council amendments of Assembly amendments
When any of the amendments made by the Council on the Assembly’s amendments to a Council bill are disagreed to, the message shall contain written reasons and the reasons shall be drawn up by the Member in charge of the bill.
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236. Further Assembly amendments
When further amendments have been made by the Assembly on the Council’s amendments on the Assembly’s original amendments in a Council bill:
A schedule of such further amendments shall be prepared, containing reference to each amendment of the Council which has been amended by the Assembly and describing the further amendment proposed and
The schedule shall accompany the message and be certified by the Clerk.
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237. Bills lapsed due to prorogation
A bill which has lapsed because of a prorogation before it has been passed may be proceeded with in a later session from the point of interruption in a previous session of the same Parliament, as follows:
An Assembly bill in the possession of the Assembly, including consideration of Council amendments, may be proceeded with by motion on notice by the Member in charge of the bill restoring it to the Business Paper.
A Council bill in the possession of the Assembly, may be proceeded with by motion on notice by the Member in charge of the bill restoring it to the Business Paper after receipt of a message from the Council requesting the same.
If an Assembly bill is in possession of the Council, a message may be sent to the Council requesting that the bill be restored to the Council’s business paper.
Any bill restored to the Business Paper shall be proceeded with as if its passage had not been interrupted by a prorogation.
If the motion for restoration is not agreed to by the House in which the bill originated, the bill may be re-introduced as a new bill.
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238. Proceedings after consideration in detail
After consideration in detail the Member in charge of the Bill may:
Request the Speaker to set down the motion “That this bill be now read a third time” as an order of the day for a later time; or
Move the motion “That this bill be now read a third time” forthwith.
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239. Procedure after bills passed
Every bill originating in the Assembly which has passed both Houses, or which is to be presented to the Governor in accordance with the provisions of section 5A or section 5B of the Constitution Act 1902, shall be:
Printed in its final form.
Certified by the Assistant Speaker, as follows:
“I have examined this Bill, and find it to correspond in all respects with the Bill as finally passed by both Houses.”
The Clerk shall also certify as follows:
“I certify that this Public Bill, which originated in the Legislative Assembly, has finally passed the Legislative Council and the Legislative Assembly of New South Wales.”
Where a bill is to be presented in accordance with section 5A of the Constitution Act 1902, the Assistant Speaker shall certify accordingly.
Where a bill is to be presented in accordance with section 5B of the Constitution Act 1902, the Assistant Speaker shall certify accordingly.
The bill shall be presented to the Governor for assent.
After the assent message is received the Clerk shall arrange for Assembly Acts to be numbered then enrolled.
Chapter 17
Consideration in detail
Question
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240. Motion
A motion may be moved without notice or debate that a matter other than a bill be considered in detail.
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241. Greater or lesser sum, long or shorter time
A question between a greater and lesser sum or a longer or shorter time shall be decided by putting the least sum and the longest time first.
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242. May speak more than once
In consideration of a matter or bill in detail Members may speak more than once to the same question.
Chapter 18
Financial procedures
Question
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243. Message from Governor
The House shall not pass any vote, resolution or bill for the appropriation of any part of the Consolidated Fund, or for any other tax or impost to any purpose which has not been first recommended by message of the Governor during the session in which such vote, resolution or bill shall be passed. This provision does not apply to a bill introduced by a Minister or to a vote or resolution proposed by a Minister.
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244. Message accompanying Estimates
Messages from the Governor, together with the accompanying Estimates and Statements, recommending bills for Loan or Appropriation shall be considered in detail and the Estimates shall be deemed to form part of the bill for the purposes of debate.
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245. Consideration of Appropriation Bill in detail
The procedure for consideration in detail of a bill for Loan or Appropriation, other than Bills referred to an Estimates Committee is:
When a clause is under discussion the debate shall be confined to the estimate of expenditure relevant to that clause.
When a motion is made to omit or reduce any vote or item of a vote, a question shall be proposed by the Speaker for omitting or reducing that vote or item and until it is disposed of Members shall only speak to that question.
After a question for omitting or reducing any vote or item has been disposed of, no motion shall be made or debate allowed upon any preceding vote or item.
Where it has been proposed to omit or reduce a vote or items in a vote, the question will then be put on the original vote, or upon the reduced vote, as the case may be, without amendment.
After a question has been put for a reduction of the whole vote, no motion shall be made for omitting or reducing any part of such vote.
When a general reduction of the amount of the vote comprising many items is proposed, the question shall be put for the reduction of such vote or item. If such a motion is negatived it shall not be in order to then propose a reduction by a greater sum.
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246. Estimates Committees
On a motion of a Minister, during the second reading debate on the Appropriation Bill, the House may appoint Estimates Committees.
The Estimates Committees shall examine and report on proposed expenditures from the Consolidated Fund for each organisational unit for each Minister listed in the Tabled Estimates, and the corresponding clauses and schedules in the Appropriation Bill and the Parliamentary Appropriation Bill which shall stand referred to the appropriate committee.
The report of each Estimates Committee shall state whether the votes of each organisational unit in the Estimates and the corresponding clauses and schedules in the Appropriation Bill are recommended or otherwise. The failure of an Estimates Committee to report on any part of the votes shall be deemed to be a report recommending the proposed expenditure.
The Chair of each Committee or a Member deputed by the Chair shall, after the committee has concluded its deliberations and after the question on the second reading of the Appropriation Bill and the Parliamentary Appropriation Bill has been agreed to, present the Committee's report to the Speaker in the House. The Speaker shall set down consideration of the reports in detail with the Appropriation Bill and the Parliamentary Appropriation Bill respectively as an Order of the Day.
Consideration of a report in detail shall be deemed to be consideration of those clauses and schedules of the Appropriation Bill and the Parliamentary Appropriation Bill referred to that Estimates Committee.
When considering a report in detail:
The Speaker shall put the question in respect of each Committee report, “That the report of the (name of the Committee) be adopted”.
A Member may speak for a maximum of 5 minutes and the Minister in reply may speak for a maximum of 15 minutes on each of the questions.
Those clauses and schedules of the Appropriation Bill and the Parliamentary Appropriation Bill not referred to an Estimates Committee shall be considered as one question, “That the remaining clauses and schedules of the Bill be agreed to”.
Chapter 19
Messages from the Governor
Question
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Chapter
247. Speaker to report
The Speaker may report messages from the Governor at any time.
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248. Action on report
A message from the Governor shall be reported and the House shall:
Take no action; or
Consider it forthwith; or
Set down without debate, its consideration as an Order of the Day for a later time.
Chapter 20
Disorder
Question
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Chapter
249. Member repeatedly called to order
If a Member’s conduct is such that it is necessary for the Speaker to call the Member to order more than three times in any one sitting for any gross breach of the rules, the Speaker may direct the removal of the Member by the Serjeant-at-Arms until the adjournment of that sitting.
A Member who is removed from the House shall be excluded from the Parliamentary precincts for the remainder of the sitting and cannot take part in any proceeding of the House or its committees.
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249A. Member removed from the Chamber
The Speaker may direct a Member who is grossly disorderly to leave the Chamber for up to three hours. The direction shall not be open to debate or dissent.
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250. Member named for disorderly conduct
A Member may be named by the Speaker for:
Persistently and wilfully obstructing the business of the House.
Being guilty of disorderly conduct.
Using offensive words, and refusing to withdraw them.
Persistently and wilfully refusing to conform to any Standing Order.
Persistently and wilfully disregarding the authority of the Chair.
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251. Procedure after naming
If the Member has been named:
The Speaker shall forthwith propose the question “That the Member for … be suspended from the service of the House”.
There shall be no amendment, adjournment or debate allowed on this motion. However, the Member named may make an explanation limited to 5 minutes.
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252. Duration of suspension
If a Member is suspended during the session:
For a first time, the suspension shall be for 2 sitting days.
For a second time, the suspension shall be for 4 sitting days.
On any subsequent occasion, the suspension shall be for 8 sitting days.
In this Standing Order “sitting days” means days the House actually sits, and the uncompleted portion of the sitting during which the Member was suspended shall count as one sitting day.
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253. Consequences of suspension
A Member who is suspended from the service of the House shall be excluded from the Parliamentary precincts until the expiration of the suspension period including all intervening non-sitting days and cannot take part in any proceedings of the House or its committees.
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254. Expulsion
A Member adjudged by the House guilty of conduct unworthy of a Member of Parliament may be expelled by vote of the House, and the Member’s seat declared vacant.
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255. Criminal trial pending
If the House decides not to proceed on a matter which has been initiated in the House concerning the alleged misconduct of a Member on the grounds that the Member may be prejudiced in a criminal trial then pending on charges founded on the misconduct, the House may suspend the Member from its service until the verdict of the jury has been returned or until it is further ordered.
Chapter 21
Visitors
Question
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256. Admission behind Chair
Only the Speaker may admit visitors to the area behind the Speaker’s Chair.
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257. Admission to galleries
The Speaker may delegate authority to the Serjeant-at-Arms to admit visitors to the public galleries and every Member shall have the privilege of admitting, by order, two visitors to those galleries.
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258. Notice of visitors taken
If at any sitting a Member takes notice that visitors are present the Speaker shall forthwith put the question “That visitors be ordered to withdraw