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Chapter 1: General conduct of business

Chapter 2: Proceedings on the meeting of Parliament

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

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

Chapter 5: Official records of the House

Chapter 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

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1.

1. All previous Standing Orders are repealed.

Chapter 2
Proceedings on the meeting of Parliament

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2. Procedure for first day

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

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

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

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

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

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

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

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

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

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

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3. Governor’s speech or commission read

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

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

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

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

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

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

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4. Address in Reply moved

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

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5. Precedence

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

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6. Adoption

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

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7. Presentation

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

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8. Opening of Parliament

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

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

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9. Speaker – Role

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

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

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10. When an election for Speaker takes place

  1. An election for Speaker shall take place at:

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

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

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

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

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

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

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

  3. Nominations must be seconded.

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

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

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

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

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

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10B. Procedures for the election of the Speaker

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

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

  2. In conducting the election, the Clerk will:

    1. announce the number of nominations received.

    2. if there is one valid nomination, declare that Member to be elected.

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

    4. 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.

    5. have ballot papers prepared and initialled.

    6. order that the bells be rung as prescribed for the taking of a ballot.

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

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

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

  5. The Clerk will then declare the ballot closed.

  6. The votes will be counted by the Clerks.

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

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

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11. Procedure after election of Speaker

After election:

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

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

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

  4. At the stated time the sitting may be adjourned or suspended and the House shall proceed, with any Members then present, to be received by the Governor. If the election occurs at the meeting of a new Parliament after a General Election

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

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

    If the election occurs during the parliamentary term

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


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12. When Deputy Speaker and Assistant Speaker elected

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

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13. Procedure for election of Deputy Speaker

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

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

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

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

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

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

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

  7. The closure may be moved on this question.

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

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

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14.

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

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

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

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

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

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16. Vacancy in the Speakership

If a vacancy occurs in the office of the Speaker:

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

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

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

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

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

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

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

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

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

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19. Nomination by Speaker

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

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20. Revocation of nomination

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

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21. Takes Chair when requested

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

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22. Clerk’s absence or vacancy

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

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

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23. Pledge or oath other than on first sitting day

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

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

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24. Roll of Members

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

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25. Register of Members

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

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26. Front bench for Ministers

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

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27. Attendance of Members

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

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28. Leave of absence

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

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29. Leave of absence forfeited

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

Chapter 5
Official records of the House

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30. Votes and Proceedings

The Clerk shall record as the Votes and Proceedings:

  1. The attendance of Members, including any leave of absence;

  2. All votes;

  3. Division lists;

  4. Petitions received;

  5. Proceedings in the House; and

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

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

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31. House Papers

  1. The Clerk shall, after each sitting day, publish:

    1. The Votes and Proceedings.

    2. A Business Paper containing Notices of Motions and Orders of the Day.

    3. A Questions and Answers Paper.

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

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32. Statutory rules

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

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33. Custody of records

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

Chapter 6
Meeting and adjournment of the House

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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.

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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.

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36. Speaker takes the Chair

The Speaker shall take the Chair at the time appointed on every day fixed for meeting.

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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).

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38. Absence of quorum

When a quorum is not present at the commencement of the sitting:

  1. The bells shall be rung for 4 minutes.

  2. 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.

  3. If the next sitting day has not been appointed, the House shall adjourn to the next succeeding business day.

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39. Prayer and acknowledgement of Country

  1. 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.”

  2. 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.”

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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.

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41. Absence of quorum and subsequent count-out

If a Member states that a quorum is not present in the House:

  1. The Speaker shall count the House.

  2. If a quorum is not present the bells shall be rung for 4 minutes.

  3. 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.

  4. If the next sitting day has not been appointed, the House shall adjourn to the next succeeding business day.

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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.

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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.

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44. Disorder on call of quorum

It is disorderly for any Member:

  1. To call attention to the absence of a quorum when a quorum is present.

  2. To leave the Chamber after attention has been called to the absence of a quorum.

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45. Restriction on quorum calls

Members shall not be permitted to call attention to the want of a quorum:

  1. During Private Members’ Statements or Community Recognition Statements;

  2. During debate on a Petition signed by 10,000 or more persons;

  3. During the take note debate on reports from committees; or

  4. Before 10.30 a.m. on any sitting day.

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46. Adjournment without motion

  1. Unless otherwise ordered, the House shall be adjourned without motion moved at the conclusion of Private Members' Statements.

  2. A Minister may at any time move without notice a motion for the adjournment of the House.

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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:

  1. Fix a day and time and

  2. Communicate the day and time to all Members.

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47A. Postponing meeting times

  1. 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:

    1. Fix a day and time; and

    2. Communicate the day and time to all Members.

  2. The Speaker’s notification to each Member may be by electronic means.

  3. This Sessional Order operates for the remainder of this session.

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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:

  1. Fix a day and time within 10 days of the receipt of the request.

  2. Communicate the day and time to all Members.

  3. 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

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49. Speaker maintains order

The Speaker shall maintain order in the House.

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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.

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50. Members silent when Speaker rises

When the Speaker rises Members shall be seated and be silent.

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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.

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52. No noise or interruption of debate

When a Member is speaking other Members shall not converse or make any noise or disturbance.

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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.

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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.

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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.

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56. Illness or disability

A Member unable to stand because of illness or disability may speak while seated with the leave of the Speaker.

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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.

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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.

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59. Irrelevance or tedious repetition

The Speaker may direct a Member to discontinue a speech if the Member persists in irrelevance or tedious repetition.

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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.

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61. Member may speak

A Member may only speak:

  1. To a question or proceeding before the House which is open to debate or discussion.

  2. When moving a motion.

  3. When moving an amendment.

  4. When rising to a point of order or privilege.

  5. To make a personal explanation.

  6. In explanation.

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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.

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63. Inaugural or valedictory speech

  1. 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.

  2. The time limit for inaugural speeches or valedictory speeches will be 20 minutes.

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64. Member to speak once

A Member may only speak once to a question, except:

  1. The Member in charge of the Order of the Day when the order is read.

  2. In explanation.

  3. In reply.

  4. During consideration in detail of any matter.

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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:

  1. Interrupt another Member who is speaking.

  2. Introduce any new matter.

  3. Debate the matter.

  4. Be heard after the determination of the question before the Chair.

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66. Reply

A Member may speak in reply if the Member has moved:

  1. a substantive motion or

  2. a motion “That this bill be now read a second time” or

  3. a motion “That this bill be now read a third time”.

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67. Subject of reply

The subject matter of a reply is confined to matters raised during the debate.

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68. Reply closes debate

The reply of the mover of the original motion closes the debate.

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69. No Member to speak after question put

A Member may not speak to a question after the Speaker has put the question.

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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:

  1. Relevant to the matter under discussion or

  2. The subject of a personal explanation.

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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.

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72. Offensive words not to be used

A Member shall not use offensive words against:

  1. The Sovereign or the Governor.

  2. Either House or its Members.

  3. A member of the judiciary.

  4. A statute, unless moving for its repeal.

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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.

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74. Quarrels not permitted

The Speaker may intervene:

  1. When offensive or disorderly words are used by a Member.

  2. To prevent a quarrel between Members arising out of debates or proceedings in the House.

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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.

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76. Relevancy

A Member speaking shall be relevant to the subject matter of the debate.

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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.

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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.

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79. Interruptions not allowed – exceptions

A Member may only interrupt another Member to:

  1. Raise a matter of privilege or contempt suddenly arising.

  2. Call attention to a point of order.

  3. Call attention to the want of a quorum.

  4. Call attention to the presence of visitors.

  5. Move a closure motion.

  6. Move “That the Member for …. be now heard.”

  7. Move “That the Member for …. be not further heard.”

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80. Matters not open to debate nor amendment

The following matters are not open to debate nor amendment:

  1. Adjournment of debate.

  2. Adjournment of the House.

  3. Extension of time.

  4. Leave of the House.

  5. Motion that a Member be suspended.

  6. Motion that a Message be sent to the Legislative Council.

  7. Motion that leave of absence be granted.

  8. To withdraw or postpone an order of the day.

  9. Personal explanation.

  10. “That inspection of the paper be restricted to members only and that no copies or extracts thereof be permitted”.

  11. “That visitors be ordered to withdraw”.

  12. “That the bill be considered an urgent bill”.

  13. "That this bill be read at a later time".

  14. “That the Order of the Day be discharged and the bill be withdrawn”.

  15. “That the Committee report be printed”.

  16. “That the Member for … be further heard”.

  17. “That the Member for … be not further heard”.

  18. “That the Member for … be now heard.”

  19. “That the petition not be received”.

  20. “That the question be put as separate questions”.

  21. “That the question be now put”.

  22. “That the question be not now put”.

  23. “That the Member’s speaking time be extended”.

  24. Motion to permit a Member to make an inaugural or valedictory speech.

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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.

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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.

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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.

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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.

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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.

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86. Motion “That the question be put”

A motion may be made by any Member, “That the question be now put”. Such motion:

  1. May be moved whilst another Member is addressing the House;

  2. Shall be put forthwith and decided without amendment or debate;

  3. Must be carried by at least 30 Members in the affirmative; and

  4. May not be moved before 10.30 a.m. on any day when the House meets at an earlier time.

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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.

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88. Limitation of application

The carrying of the closure only affects the last question proposed to the House.

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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.

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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.

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91. Speaking to privilege

  1. 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:

    1. the matter is one suddenly arising, relating to a matter then before the House which should be dealt with at the earliest opportunity;

    2. there is a prima facie case; and

    3. the Member has prepared a notice of motion.

  2. 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:

    1. determines that there is no matter of contempt or breach of privilege; or

    2. defers the matter and either continues or adjourns the business under consideration; or

    3. 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

    4. takes some other form of action.

  3. 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.

  4. If the Speaker determines that a prima facie case exists the Member must move a motion seeking either:

    1. the declaration of the House that a contempt or breach of privilege has occurred; or

    2. the referral of the matter by the House to the Standing Committee on Parliamentary Privilege and Ethics for consideration.

Chapter
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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:

  1. A Member desiring to raise a matter of privilege or contempt must inform the Speaker of the details in writing.

  2. 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.

  3. While a matter is being considered by the Speaker, a Member must not take any action or refer to the matter in the House.

  4. 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.

  5. 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.

  6. 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.

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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.

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94. Consideration of point of order

When a Member rises on a point of order:

  1. The Member who was speaking shall be seated.

  2. The question only of order shall be stated to the Speaker.

  3. The Speaker shall give a decision or hear further argument.

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95. Dissent from Speaker’s ruling or decision

The procedure for dissenting from a ruling or decision of the Chair is as follows:

  1. The Member must give notice of a motion at the time for notices with precedence stating the grounds of the dissent.

  2. 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.

  3. The motion shall take precedence of all other business on the day appointed.

  4. The Speaker shall be entitled to put the question where the debate exceeds 30 minutes, and to call on the mover in reply.

  5. The notice lapses if not moved or postponed on the appointed day.

  6. Any Member and the mover in reply shall each be entitled to speak for up to 10 minutes.

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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
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97. Routine of Business

The House shall conduct its business in the following routine:

Tuesdays

  1. At 12.00 noon the Speaker takes the Chair

  2. Ministerial Statements

  3. Giving of Notices of Motions (Government Business, Bills, Business with Precedence under Standing Order 118)

  4. Question Time

  5. Ministerial Statements

  6. Papers

  7. Committees – Tabling of reports and announcements

  8. Petitions

  9. Placing or Disposal of Business

  10. Business with Precedence under Standing Order 118, if any

  11. Giving of General Business Notices of Motion (General Notices), up to 15 minutes, then Speaker to leave the Chair

  12. At 2.30 p.m., the Speaker resumes the Chair

  13. Government Business

  14. At 5.00 p.m., Public Interest Debate

  15. Government Business (if required)

  16. Community Recognition Statements

  17. Private Members' Statements, after which the House shall adjourn without motion until the next sitting day.

Wednesdays

  1. At 10.00 a.m. the Speaker takes the Chair

  2. Giving of General Business Notices of Motion (General Notices), up to 15 minutes

  3. 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.

  4. Ministerial Statements

  5. Giving of Notices of Motions (Government Business, Bills, Business with Precedence under Standing Order 118)

  6. Question Time

  7. Ministerial Statements

  8. Papers

  9. Committees – Tabling of reports and announcements

  10. Petitions

  11. Placing or Disposal of Business

  12. Re-ordering of General Business Orders of the Day (for Bills)

  13. Business with Precedence under Standing Order 118, if any

  14. Government Business

  15. At 1.00 p.m., Committee Reports – Take note debates, for up to 30 minutes, then the Speaker leaves the Chair

  16. At 2.30 p.m., the Speaker resumes the Chair

  17. Government Business

  18. At 5.00 p.m., Public Interest Debate

  19. Government Business (if required)

  20. Community Recognition Statements

  21. Private Members' Statements, after which the House shall adjourn without motion until the next sitting day.

Thursdays

  1. At 10.00 a.m. the Speaker takes the Chair

  2. Giving of General Business Notices of Motion (General Notices), up to 15 minutes

  3. General Business Notices of Motions for Bills for up to 20 minutes

  4. General Business Orders of the Day for Bills for up to 90 minutes

  5. 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.

  6. Ministerial Statements

  7. Giving of Notices of Motions (Government Business, Bills, Business with Precedence under Standing Order 118)

  8. Question Time

  9. Ministerial Statements

  10. Papers

  11. Committees – Tabling of reports and announcements

  12. Petitions

  13. Placing or Disposal of Business

  14. Business with Precedence under Standing Order 118, if any

  15. Resumption of General Business Orders of the Day for Bills, the Speaker leaves the Chair at the conclusion of the 90 minutes

  16. At 2.30 p.m., the Speaker resumes the Chair

  17. General Business Notices of Motions or Orders of the Day (not being Bills)

  18. At 3.40 p.m., Government Business for up to 20 minutes

  19. At 4.00 p.m., Petition Debate

  20. Community Recognition Statements for 30 minutes

  21. Private Members' Statements, after which the House shall adjourn without motion until the next sitting day.

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98. Friday sittings

Repealed

Chapter
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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.

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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:

  1. 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.

  2. A Member may, without debate, withdraw or postpone any notice of motion standing in their name on the Business Paper for that day.

  3. 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.

  4. An Order of the Day for a bill may be discharged and the bill withdrawn on one motion.

  5. A Member, with the written authority of another Member, may act on behalf of that Member in regard to this Standing Order.

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101. Establishing program for General Business Days

The procedure for establishing the program for General Business Days is as follows:

  1. 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.

  2. 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.

  3. On any day when General Business is being considered by the House, a Member may, without debate:

    1. withdraw or postpone any notice of motion standing in their name on the Business Paper for that day.

    2. postpone, or on motion, discharge an Order of the Day standing in their name on the Business Paper for that day.

    3. 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”.

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102. Ministers may arrange

Ministers may arrange Government Business in any order.

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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.

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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.

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105. Precedence and lapsing of General Business

  1. 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.

  2. 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.

  3. 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.

  4. 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
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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:

  1. 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.

  2. The carrying of one motion in (1) above prevents another Member moving a subsequent motion.

  3. 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.

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107. Debate on General Business Notices of Motions or Orders of the Day (not being Bills)

  1. 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).

  2. 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

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108. Private Members’ Statements

The procedure for Private Members’ Statements is as follows:

  1. In accordance with the Routine of Business, the Speaker shall ask if there are any Private Members’ Statements.

  2. 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.

  3. 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.

  4. A division on any question or quorum call shall not be permitted during Private Members’ Statements.

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108A. Community Recognition Statements

The procedure for Community Recognition Statements is as follows:

  1. Community Recognition Statements must not contain:

    1. Matters of policy;

    2. Requests for the Government or the House, or another body to take some form of action or not; or

    3. Criticisms or negative reflections on any person, including Members, Office Holders, the Government, the Opposition or a third party.


    Written Statements

  2. Each Member can make three written Community Recognition Statements each sitting day.

  3. Statements must be lodged electronically with the Table Office by 12.00 noon on a sitting day for publication in Hansard that day.

  4. Written statements must not exceed 200 words.

  5. A statement not conforming with the rules or with the practice of the House can:

    1. Under the authority of the Speaker, be amended by the Clerk.

    2. Be ordered by the Speaker not to be included in Hansard.


    Statements given in the House

  6. In accordance with the Routine of Business, the Speaker will ask if there are any

    Community Recognition Statements.

  7. Members may not give consecutive Community Recognition Statements.

  8. Members may make Community Recognition Statements for up to 1 minute each, for a total of 30 minutes.

  9. 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.

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109. Public Interest Debates

The procedure for the consideration of Public Interest Debates shall be as follows:

  1. The notice of motion for debate must be submitted to the Speaker by 12.00 noon on the day of the debate.

  2. The motion will be submitted by:

    1. Government – sitting day Tuesdays

    2. Opposition – first and second sitting day Wednesdays

    3. Cross bench – third sitting day Wednesdays

  3. The Speaker will determine whether the notice is in order.

  4. The Speaker will publish and announce the subject matter of the notice of motion in the House after the lunch break.

  5. The following time limits shall apply to the debate: Mover - 7 minutes

    Six other Members - 5 minutes each

    Reply - 3 minutes

    Total - 40 minutes

  6. At least one Member speaking in the debate must be from the cross bench.

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110. Matters of Public Importance

Repealed

Chapter
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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:

  1. A notice of motion must be given at the time for giving notices for business with precedence.

  2. 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.

  3. The motion may not be postponed or amended.

  4. The motion may be withdrawn with the leave of the House.

  5. Debate on such motion shall not be adjourned and the sitting of the House shall continue until the question is determined.

  6. 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

  7. 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).

  8. 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.

  9. 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
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111A. No confidence in the Government

The procedure for motions of no confidence in the Government is as follows:

  1. A notice of motion must be given at the time for giving notices for business with precedence.

  2. The notice shall be called on at the next sitting day on which business with precedence is considered.

  3. The motion may not be postponed or amended.

  4. The motion may be withdrawn with the leave of the House.

  5. 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.

  6. 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

  7. 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).

  8. 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
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112. No confidence in a Minister

The procedure for a motion of no confidence in a Minister is as follows:

  1. A notice of motion must be given at the time for giving notices for business with precedence.

  2. The notice shall be called on at the next sitting day on which business with precedence is considered.

  3. The motion may not be postponed or amended.

  4. The motion may be withdrawn with the leave of the House.

  5. 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.

  6. Debate will be as follows: Mover - unspecified

    Any other Member - unspecified

    Response by Minister - 20 minutes

    Mover in reply - 30 minutes

  7. 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).

  8. 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
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113. No confidence in Speaker

The procedure for a no confidence motion in the Speaker is as follows:

  1. A notice of motion must be given at the time for giving notices for business with precedence.

  2. The notice shall be called on at the next sitting day on which business with precedence is considered.

  3. The motion may not be postponed or amended.

  4. The motion may be withdrawn with the leave of the House.

  5. 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.

  6. 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

  7. 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).

  8. 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
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114. Censure of a Member

The procedure for a motion of censure of a Member is as follows:

  1. A notice of motion must be given at the time for giving notices for business with precedence.

  2. 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.

  3. 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.

  4. 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

  5. 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).

  6. 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
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115. Censure of Speaker

The procedure for a motion of censure of the Speaker is as follows:

  1. A notice of motion must be given at the time for giving notices for business with precedence.

  2. 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.

  3. 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.

  4. 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

  5. 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).

  6. 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:

  1. 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.

  2. Such motions shall have priority in the order given.

  3. 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

  1. 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:

    1. Dissent from Speaker’s ruling.

    2. No confidence in the Government, Minister or Speaker.

    3. Censure of Member or Speaker.

    4. Privilege/ contempt.

    5. Expulsion of a Member.

    6. Arrangement of business of the House.

    7. Days and hours of sitting.

    8. Disallowance of statutory rules.

    9. Business accorded precedence by the House.

    10. Votes of thanks or condolence.

    11. Printing of papers.

  2. 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:

  1. Be legible and contain no alterations.

  2. Be in English or be accompanied by a translation certified to be correct by the lodging Member.

  3. Contain the request of the petitioner(s).

  4. 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.

  5. Contain at least one signature on the same sheet as the request.

  6. Be respectful, decorous, and temperate in its language, and not contain irrelevant statements.

  7. If from a corporation, be made under its common seal.

  8. Be received only as the petition of the parties signing the same.

Chapter
Chapter

121A. Contents of electronic petitions

An electronic petition must:

  1. Be in English.

  2. Contain the request of the petitioner expressed in no more than 250 words.

  3. Be respectful, decorous, and temperate in its language, and not contain irrelevant statements.

  4. 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.

  5. Be open for signatures for a period of three, twelve or twenty four weeks.

  6. 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:

  1. Have letters, affidavits, or other documents attached to it, except if it is a petition for a private bill.

  2. Make reference to any debate in Parliament.

  3. Be lodged by a Member who has signed the paper petition as a petitioner.

  4. 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:

  1. The Member must be acquainted with the contents of the paper petition.

  2. The Member must ensure that the paper petition is in conformity with the Standing Orders.

  3. The Member must sign the front sheet and, if applicable, certify that the paper petition has been signed by 500 or more persons.

  4. The paper petition may be lodged for presentation with the Clerk.

  5. In the House the Clerk shall announce that paper petitions have been received.

  6. The terms of the paper petition presented shall be printed in Hansard and in the Votes and Proceedings.

  7. 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:

  1. The Member must be acquainted with the contents of the electronic petition.

  2. The Member must agree to present the electronic petition.

  3. The electronic petition is considered presented after it is no longer open for signatures.

  4. In the House the Clerk shall announce that electronic petitions have been received.

  5. The terms of the electronic petition presented shall be printed in Hansard and in the Votes and Proceedings.

  6. 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

  1. 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.

  2. 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.

  3. 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

  1. 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".

  2. The Order of the Day shall take place at 4.00 p.m. on the Thursday of the next sitting week.

  3. 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.

  4. 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

  5. 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:

  1. Public affairs;

  2. Matters under the Minister's administration; or

  3. 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:

  1. Questions cannot be debated.

  2. Questions should not contain –

    1. statements of facts or names of persons unless they are strictly necessary to render the question intelligible and can be authenticated;

    2. argument;

    3. inference;

    4. imputation;

    5. epithets;

    6. ironical expression;

    7. expression of opinion; or

    8. hypothetical matter.

  3. Questions should not ask for –

    1. an expression of opinion;

    2. legal opinion;

    3. an announcement of government policy; or

    4. 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:

  1. 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.

  2. An answer to a question must not exceed three minutes.

  3. 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.

  4. 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.

  5. 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.

  6. The Leader of the Opposition is entitled to be called first by the Speaker at the commencement of Question Time.

  7. 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.

  8. Crossbench Members of Parliament are permitted at least two questions per Question Time, at question number 5 and question number 13.

  9. 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.

  10. 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:

  1. 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.

  2. A question containing argument, unbecoming expressions or otherwise not conforming with the practice of the House may:

    1. Under the authority of the Speaker, be amended by the Clerk or divided if it contains matters that are not relevant to each other.

    2. Be ordered not to be printed by the Speaker or removed from the Questions and Answers Paper.

  3. The number of questions able to be lodged over one sitting week are:

    1. Members – Nine questions per sitting week;

    2. Leader of the Opposition – Twelve questions per sitting week.

  4. 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.

  5. 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.

  6. 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

  1. A notice of motion for:

    1. A bill;

    2. Government Business;

    3. No confidence in the Government, Minister or Speaker, or censure of Member or Speaker; and

    4. 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.

  2. General Business Notices of Motions (General Notices):

    1. May only be given when called for at the time prescribed in the Routine of Business each day;

    2. The period for giving a General Business Notice of Motion (General Notice) must not exceed thirty seconds;

    3. 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:

  1. Under the authority of the Speaker, be amended by the Clerk or divided if it contains matters that are not relevant to each other.

  2. 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

  1. 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.

  2. 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:

  1. Pursuant to a notice of motion appearing on the Business Paper; or

  2. By leave; or

  3. Pursuant to Standing Orders or Sessional Orders; or

  4. 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:

  1. the omission of words:

    “That the words proposed to be left out stand part of the question”.

  2. 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)”.

  3. 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:

  1. Inconsistent with a previous decision on the question.

  2. A later part has been amended.

  3. A question has been proposed on an amendment to a later part unless the proposed amendment has been withdrawn by leave of the House.

  4. 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:

  1. Postponed or

  2. 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:

  1. 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.

  2. If there has been a voice for both the Ayes and the Noes, a division may then be called for.

  3. 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:

  1. The Speaker shall order the division bells to be rung for 4 minutes.

  2. Members present shall be seated – Ayes to the right and Noes to the left of the Chair.

  3. After the time has expired the Speaker shall order the doors to be locked.

  4. The Speaker shall put the question.

  5. The Speaker shall appoint two tellers for each side.

  6. Tellers may not decline to be appointed unless excused by the Speaker.

  7. In the event of the tellers not agreeing, other tellers shall be appointed until there is agreement.

  8. 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.

  9. 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:

  1. 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.

  2. 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.

  3. The motion to introduce the bill may be moved on the same day notice is given and shall include the long title.

  4. 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.

  5. The bill as introduced shall correspond with the notice of motion.

  6. Three copies of the bill shall be handed to the Clerk.

  7. The bill shall be printed, with an explanatory note if applicable, without motion put.

  8. The motion “That this bill be now read a second time” may be moved forthwith or set down for a later time.

  9. Immediately following the mover’s second reading speech the debate shall be adjourned.

  10. 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.

  11. 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

  1. 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.

  2. 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:

  1. 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.

  2. The question “That the bill be considered an urgent bill” is put forthwith, no debate or amendment being allowed.

  3. 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:

  1. The notice of motion for the bills shall state that the bills are cognate.

  2. 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.

  3. 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:

  1. A Member requests consideration of the bill in detail; or

  2. The Member in charge of the bill:

    1. moves a motion for consideration in detail pro forma; or

    2. 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:

  1. 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.

  2. 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”.

  3. 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.

  4. 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:

  1. Clauses/schedules as printed together with proposed new clauses/schedules, in their numerical order.

  2. Postponed clauses/schedules in their numerical order.

  3. Preamble (if any).

  4. (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:

  1. Agreed to;

  2. Agreed to with an amendment or amendments;

  3. Disagreed to;

  4. Postponed as an Order of the Day; or

  5. 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:

  1. Relevant to the matter of the Council amendment or

  2. 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:

  1. Insisting on the original amendments to which the Assembly has disagreed or

  2. Disagreeing to amendments made by the Assembly on the original amendments of the Council or

  3. 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:

  1. The Council’s amendments to the Assembly bill are agreed to.

  2. A conference is desired.

  3. The bill has been laid aside.

  4. 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:

  1. Imposing or otherwise dealing with pecuniary fines or penalties; or

  2. 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

  1. 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.

  2. 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.

  3. 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.

  4. A truncated second reading speech may be given if the bill is received in the same form as introduced into the Council.

  5. Immediately following the mover’s second reading speech, the debate may be adjourned or proceeded with forthwith.

  6. If adjourned, the resumption of the debate shall be set down as an Order of the Day for a later time.

  7. The bill shall then be proceeded with in the same manner as a bill originating in the Assembly.

Chapter
Chapter

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.”

Chapter
Chapter

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.

Chapter
Chapter

232. Schedule of amendments

The schedule of amendments to a Council bill shall:

  1. Contain references to the page, line, clause or schedule of the bill where the words are to be inserted or omitted;

  2. List the amendments proposed; and

  3. Be certified by the Clerk.

Chapter
Chapter

233. Consideration of disagreements in Council bills

If the Council returns a Council bill with a message:

  1. Disagreeing to any amendments made by the Assembly; or

  2. 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.

Chapter
Chapter

234. Council amendments to Assembly amendments

If the amendments made by the Council on the Assembly’s amendments to a Council bill are:

  1. 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.

  2. Agreed to with further amendments, a message shall be sent desiring the concurrence of the Council.

Chapter
Chapter

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.

Chapter
Chapter

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:

  1. 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

  2. The schedule shall accompany the message and be certified by the Clerk.

Chapter
Chapter

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:

  1. 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.

  2. 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.

  3. 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.

  4. Any bill restored to the Business Paper shall be proceeded with as if its passage had not been interrupted by a prorogation.

  5. 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.

Chapter
Chapter

238. Proceedings after consideration in detail

After consideration in detail the Member in charge of the Bill may:

  1. 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

  2. Move the motion “That this bill be now read a third time” forthwith.

Chapter
Chapter

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:

  1. Printed in its final form.

  2. 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.”


  3. Where a bill is to be presented in accordance with section 5A of the Constitution Act 1902, the Assistant Speaker shall certify accordingly.

  4. Where a bill is to be presented in accordance with section 5B of the Constitution Act 1902, the Assistant Speaker shall certify accordingly.

  5. The bill shall be presented to the Governor for assent.

  6. After the assent message is received the Clerk shall arrange for Assembly Acts to be numbered then enrolled.

Chapter 17
Consideration in detail

Question

Chapter
Chapter

240. Motion

A motion may be moved without notice or debate that a matter other than a bill be considered in detail.

Chapter
Chapter

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.

Chapter
Chapter

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

Chapter
Chapter

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.

Chapter
Chapter

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.

Chapter
Chapter

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:

  1. When a clause is under discussion the debate shall be confined to the estimate of expenditure relevant to that clause.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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.

Chapter
Chapter

246. Estimates Committees

  1. On a motion of a Minister, during the second reading debate on the Appropriation Bill, the House may appoint Estimates Committees.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. When considering a report in detail:

    1. The Speaker shall put the question in respect of each Committee report, “That the report of the (name of the Committee) be adopted”.

    2. 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.

    3. 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

Chapter
Chapter

247. Speaker to report

The Speaker may report messages from the Governor at any time.

Chapter
Chapter

248. Action on report

A message from the Governor shall be reported and the House shall:

  1. Take no action; or

  2. Consider it forthwith; or

  3. Set down without debate, its consideration as an Order of the Day for a later time.

Chapter 20
Disorder

Question

Chapter
Chapter

249. Member repeatedly called to order

  1. 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.

  2. 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.

Chapter
Chapter

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.

Chapter
Chapter

250. Member named for disorderly conduct

A Member may be named by the Speaker for:

  1. Persistently and wilfully obstructing the business of the House.

  2. Being guilty of disorderly conduct.

  3. Using offensive words, and refusing to withdraw them.

  4. Persistently and wilfully refusing to conform to any Standing Order.

  5. Persistently and wilfully disregarding the authority of the Chair.

Chapter
Chapter

251. Procedure after naming

If the Member has been named:

  1. The Speaker shall forthwith propose the question “That the Member for … be suspended from the service of the House”.

  2. There shall be no amendment, adjournment or debate allowed on this motion. However, the Member named may make an explanation limited to 5 minutes.

Chapter
Chapter

252. Duration of suspension

If a Member is suspended during the session:

  1. For a first time, the suspension shall be for 2 sitting days.

  2. For a second time, the suspension shall be for 4 sitting days.

  3. 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.

Chapter
Chapter

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.

Chapter
Chapter

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.

Chapter
Chapter

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

Chapter
Chapter

256. Admission behind Chair

Only the Speaker may admit visitors to the area behind the Speaker’s Chair.

Chapter
Chapter

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.

Chapter
Chapter

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”, no debate or amendment allowed.

Chapter
Chapter

259. Chair may order withdrawal

The Speaker may at any time order the withdrawal of visitors from any part of the House.

The Parliamentary Reporting Staff shall not be deemed to be visitors unless the Speaker directs.

Chapter
Chapter

260. Removal of visitors

A person, not being a Member, who interrupts the orderly conduct of the business of the House, obstructs the approaches to the House, or causes a disturbance within the precincts of the House, may, by direction of the Speaker, be removed by the Serjeant-at-Arms.

Chapter
Chapter

261. Only admitted to public areas

A Member shall not bring a visitor into any part of the building exclusively set aside for the use of Members.

Chapter
Chapter

262. Not admitted to in camera proceedings

Visitors shall not be admitted to any in camera proceedings.

Chapter
Chapter

263. Media

Representatives of media organisations may be admitted to the Galleries, including the Press Gallery, by the Speaker and such representatives shall comply with any conditions or directions determined by the Speaker.

Chapter 22
Papers and documents

Question

Chapter
Chapter

264. Tabled papers

Papers may be laid upon the Table by:

  1. The Speaker.

  2. Ministers.

  3. Chairs of committees.

  4. The Clerk.

  5. Statutory provision.

  6. Resolution of the House.

  7. Command of the Governor.

Chapter
Chapter

265. Speaker tables papers

The Speaker may table papers and direct that they be printed.

Chapter
Chapter

266. Tabling and printing of papers

The following procedure shall apply for the tabling and printing of papers:

  1. Wherever practicable, Ministers should table papers to the Table Office electronically and announce the tabled papers at the time provided in the Routine of Business or at other times by leave of the House.

  2. Papers also can be tabled in hard copy in the House at the time provided in the Routine of Business or at other times by leave of the House.

  3. Papers that are to be deemed as tabled, by way of a Minister’s announcement in the House, must have been provided in electronic copy, under the Minister’s written authority, to the Table Office by 12.00 noon on the day of tabling, or at least two hours before.

  4. Papers received in accordance with paragraph (3) are authorised for publication, including to the Parliament’s website.

  5. The Leader of the House, on a subsequent sitting day, may give a notice of motion regarding the printing of papers tabled but not yet ordered to be printed. Consideration of this motion shall be Business with Precedence.

  6. Alternatively such motion may be moved without notice at any time.

  7. The question on the motion is open to amendment and debate.

  8. Any Member may speak on the motion for up to 3 minutes, including the Minister in reply.

  9. The Speaker may call on the Minister to reply if the debate exceeds 30 minutes.

Chapter
Chapter

266A. Tabling of reports and documents when the House is not sitting

  1. Where, under any Act, a report or other document is required to be tabled in the House by a Minister, and the House is not sitting, such report or document may be lodged with the Clerk.

  2. Any report or document lodged with the Clerk is:

    1. On presentation, and for all purposes, deemed to have been laid before the House,

    2. To be printed by authority of the Clerk,

    3. For all purposes, deemed to be a document published by order or under the authority of the House; and

    4. To be recorded in the Votes and Proceedings of the House.

Chapter
Chapter

266B. Printing and publication of papers and documents

Unless otherwise ordered, any reference to printing in the Standing and Sessional Orders is taken to mean publication, including by electronic means.

Chapter
Chapter

267. Restricted inspection

A Minister presenting a paper may move forthwith, “That inspection of the paper be restricted to Members only and that no copies or extracts thereof be permitted”. Such question shall be put forthwith and decided without amendment or debate.

Chapter
Chapter

268. Address for papers

An address to the Governor must be agreed to for the following papers to be tabled:

  1. Papers concerning the Royal Prerogative.

  2. Despatches or other correspondence addressed to the Governor.

  3. Information emanating from the Governor.

  4. Documents having reference to the administration of justice.

Chapter
Chapter

269. Papers ordered

The House may order Ministers to table papers. The order shall be communicated in writing to the Premier by the Clerk. The House may, by resolution, authorise the Speaker to make arrangements for the return of such papers.

Chapter
Chapter

270. Distribution

Each Member, upon request, shall be entitled to receive one copy of each paper tabled and ordered to be printed.

Chapter
Chapter

271. Incorporation of material into Hansard

The incorporation of material into Hansard shall be by leave of the Speaker.

Chapter 23
Committees

Question

Chapter
Chapter

272.

The following rules shall apply for the appointment and conduct of all committees, unless otherwise ordered or provided by statute.

Chapter
Chapter

273. Number of members

A committee shall consist of between five and ten members.

Chapter
Chapter

273A. Substitute committee members

  1. Where a member of a Portfolio Standing Committee finds they are unable to continue to sit on the Committee temporarily they may stand down for a period of time, or for a particular inquiry, and a member may be appointed by the House as their substitute for the period concerned.

  2. If the House is not sitting, the member unable to attend a meeting of the Committee may, in writing to the Chair of the Committee, nominate a member to act as a substitute member at that meeting.

  3. If the member is incapacitated or unavailable, a letter to the Chair of the Committee nominating a member to act as a substitute member of the Committee may be signed on behalf of the member by the office holders responsible for nominating members to the Committee.

  4. The substitute member has all the rights of a Committee member, including to participate in all Committee proceedings and to vote on any question before the Committee.

Chapter
Chapter

274. Appointment or discharge of committee members

Motions appointing and discharging Members from committees may be moved without notice when there is no question before the Chair.

Chapter
Chapter

275. Speaker, Deputy Speaker and Assistant Speaker exempt

The Speaker, Deputy Speaker and Assistant Speaker shall not be chosen to serve on committees except with their consent.

Chapter
Chapter

276. Personal or pecuniary interest

A Member shall not participate as a committee member in a matter under inquiry by a committee if personally interested or if the Member has a direct pecuniary interest in the matter under inquiry not held in common with other citizens of the State.

Chapter
Chapter

277. Notice of appointment

The notice of motion for the appointment of every committee may contain the names of the Members the mover intends to serve on the committee.

Chapter
Chapter

278. Ballot

Any Member may call for a ballot for the selection of committee members.

Chapter
Chapter

279. First meeting

The date and time of the first meeting shall be set by the mover if a member of the committee, otherwise the Clerk shall call the meeting.

Chapter
Chapter

280. Quorum

A quorum for committees is three members.

Chapter
Chapter

281. Quorum not present at first meeting

If a quorum is not present within 15 minutes of the time set for a meeting, the meeting shall lapse and the Chair, if appointed, or the Clerk shall issue notices for the next meeting.

Chapter
Chapter

282. Election of Chair and Deputy Chair

  1. At the first meeting of a committee, or if a vacancy occurs, a Chair and Deputy Chair shall be elected.

  2. The Speaker, upon being advised, shall report the appointments of a committee Chair and a Deputy Chair to the House.

Chapter
Chapter

283. Voting

  1. A question arising at a meeting of a committee shall be determined by a majority of the votes of the members present and voting.

  2. The Chair shall exercise a deliberative vote and, in the event of an equality of vote, shall exercise a casting vote, except upon a private bill.

Chapter
Chapter

284. Absence of Chair

In the absence of the Chair, the Deputy Chair shall act as Chair. If the Chair and Deputy Chair are both absent, committee members present from day to day may elect an acting chair.

Chapter
Chapter

285. Minutes

The minutes of committee meeting shall record:

  1. Members present and apologies received.

  2. Every motion and amendment moved and the name of the mover.

  3. Every proceeding and decision not the subject of a resolution.

  4. The names of members voting in a division and whether for or against the motion.

Chapter
Chapter

286. Quorum not present during meeting

If during a sitting of a committee, attention is drawn to the absence of a quorum the Chair shall suspend the sitting until a quorum is formed or adjourn the committee to a later time.

Chapter
Chapter

287. Times of sitting

A committee may adjourn from time to time and from place to place and may sit during any sittings or adjournment of the House.

Chapter
Chapter

288. Persons, papers, records and exhibits

A committee shall have power to send for persons, papers, records, exhibits and things.

Chapter
Chapter

289. Witnesses

Summonses to be issued to witnesses shall be signed by the Chair of the committee or by the Deputy Chair in the absence of the Chair.

Chapter
Chapter

290. Counsel

Repealed.

Chapter
Chapter

291. Examination of witnesses

Witnesses shall be examined on oath or affirmation as follows:

  1. The Chair may first question the witness uninterrupted upon the subject matter of the inquiry.

  2. Other members may then ask questions.

Chapter
Chapter

292. Recording of evidence

The questions and the evidence of witnesses shall be reported by Hansard unless otherwise ordered by the committee.

Chapter
Chapter

293. Correction of evidence

Witnesses may correct their evidence. Corrections shall be confined to verbal inaccuracies. Evidence can only be altered in substance by re-examination.

Chapter
Chapter

294. Admission to hearings

At a hearing any person may be admitted but may be excluded at the discretion of the Chair or at the request of any committee member.

Chapter
Chapter

295. Meetings

  1. At a deliberative meeting only committee members and committee officers shall be present unless the attendance of other persons has been authorised by the committee.

  2. A committee is authorised to conduct proceedings by electronic communication without Members of the committee or witnesses being present in one place, provided that:

    1. When a committee deliberates, members of the committee constituting a quorum are able to speak to and hear each other contemporaneously.

    2. When a witness gives oral evidence, members of the committee constituting a quorum are able to hear the witness contemporaneously and to put questions to the witness in each other’s hearing.

Chapter
Chapter

296. In camera evidence

All persons other than committee officers shall be excluded when the committee is meeting in camera.

Chapter
Chapter

297. No disclosure unless authorised

A member or any other person shall not disclose evidence, submissions or other documents and information presented to the committee which have not been reported to the House unless such disclosure is first authorised by the House or the committee.

Chapter
Chapter

298. Serious allegations to be reported immediately

Serious allegations made before any committee about a Member of the House shall be reported to the House at once without further investigation and may only be considered by a substantive motion in the House.

Chapter
Chapter

299. Referrals and tabling of reports

  1. At the time provided in the Routine of Business, the Chair of a committee shall advise the House of any inquiries that have been referred to the committee by a Minister or that the committee has resolved to conduct at the time provided in the Routine of Business.

  2. A committee may report upon its deliberations and present its minutes, evidence and other documents from time to time.

Chapter
Chapter

300. Draft report

The Chair shall prepare the draft report for consideration by the committee and may circulate it on a confidential basis to committee members only.

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Chapter

301. Consideration of draft report

The draft report shall be considered as follows:

  1. Unless previously circulated, the Chair shall read the report.

  2. The committee may order it to be circulated and a subsequent day named for its consideration.

  3. Unless the committee otherwise resolves, the report shall be considered paragraph by paragraph – the question being “That the paragraph be agreed to”.

  4. A member may move an amendment to the paragraph at the time it is under consideration.

  5. After the draft report has been considered, the whole or any paragraph may be reconsidered and amended.

  6. After consideration, the committee may adopt the report with or without amendment.

Chapter
Chapter

302. Chair to sign report

The report shall be signed by the Chair or another Member appointed by the committee in the event of the Chair’s unavailability or refusal.

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Chapter

303. Report tabled

The report together with the minutes, evidence and other documents shall be tabled by the Chair or another Member signing the report or other member of the committee on that Member’s behalf.

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303A. Government responses to committee reports

  1. On the tabling of a report from a committee, which recommends that action be taken by the Government, the Clerk is to refer the report to the relevant Minister(s), who must within six months of a report being tabled, report to the House what action, if any, the Government proposes to take in relation to each recommendation of the committee.

  2. If at the time at which the Minister seeks to report to the House, the House is not sitting, a Minister may present the response to the Clerk.

  3. A response presented to the Clerk is:

    1. On presentation, and for all purposes, deemed to have been tabled and printed, and may be circulated.

    2. Reported to the House at its next sitting.

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Chapter

304. Order to print

The report may, without debate, be ordered to be printed.

Chapter
Chapter

305. Tabling with the Clerk

Should the House be adjourned and a committee agree to any report before the House resumes sitting:

  1. The committee may send any such report, minutes and evidence taken before it to the Clerk;

  2. Upon receipt the documents shall be deemed to be published, and the report shall be printed and may be circulated; and

  3. The documents shall be reported in the House at its next sitting.

Chapter
Chapter

306. Committee reports, tabling in the House and debate

  1. The report and associated documents of any committee (not being a legislation committee or the Standing Orders and Procedure Committee) shall be presented at the time provided in the Routine of Business, or at any other time with the leave of the House.

  2. The Member presenting the report may move “That the document be printed”. This question shall be decided without debate or amendment.

  3. Reports from committees (not being reports of the Standing Orders and Procedure Committee) shall stand in the order in which they are presented (or reported by the Clerk when received during an adjournment) as Orders of the Day “That the House take note of the Report”.

  4. Such Orders of the Day may be considered at the time allocated in the Routine of Business on Wednesday for a period of up to 30 minutes. Any interrupted item of business shall stand as an Order of the Day for tomorrow.

  5. Debate on an Order of the Day may be adjourned and the resumption of the debate set down as an Order of the Day for tomorrow.

  6. When the Order of the Day is called on and not proceeded with, consideration of the report shall be postponed until the next Wednesday sitting when reports are considered. If the Order of the Day is called on at that subsequent sitting and is not proceeded with, the question shall be put.

  7. If a committee has more than one report on the Business Paper, the Chair or Member who tabled the report may move a motion without notice, amendment or debate to facilitate the consideration of two or more of the committee’s reports together.

  8. The Member tabling the report may speak for up to 6 minutes and any other Member may speak for up to 4 minutes to the question "That the House take note of the Report" with the question being put after 22 minutes. No reply is permitted.

Chapter
Chapter

307. Action on report

If any measure or proceeding be necessary upon a committee report it shall be considered by the House by motion on notice.

Chapter
Chapter

308. Payment of witnesses

A witness, at the discretion of the committee and recorded in the minutes, may be paid for attendance at the rate of a witness before the Supreme Court. The Chair shall certify such payment.

Chapter
Chapter

309. Committee lists

Lists of all committees shall be fixed on notice boards.

Chapter
Chapter

310. Similar committees

A committee shall have the power to consider and make use of evidence and records of similar committees appointed during a previous session of the current Parliament or the previous Parliament.

Chapter
Chapter

311. Conference with Council committee

No committee of the House may confer with a committee of the Council without leave of the House.

Chapter
Chapter

312. Conference desired by message

When any such order has been made it shall be communicated by message to the Council with a request that leave may be given to the committee of the Council to confer with the committee of the House.

Chapter
Chapter

313. Committees communicate by word of mouth

Every committee of the House directed to confer with any committee of the Council may confer freely by word of mouth, unless the House otherwise orders.

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Chapter

314. Committee of House to report proceedings at a conference

The proceedings of every conference between a committee of the House and a committee of the Council shall be reported in writing to the House by its own committee.

Chapter
Chapter

315. Appointment

The House may from time to time appoint standing committees on notice of motion to meet and report on specified subjects during the term of the Parliament in which they are appointed.

Chapter
Chapter

316. Rules

The general provisions for committees shall apply to standing committees.

Chapter
Chapter

317. Standing committees

The Standing Orders and Procedure Committee, the Library Committee and the House Committee shall be standing committees.

Chapter
Chapter

318. Speaker ex-officio member

The Speaker shall be ex-officio a member of the Standing Orders and Procedure Committee, the Library Committee and the House Committee.

Chapter
Chapter

319. Names stated

If the House proposes a joint committee, the message shall state the names of the Members to be appointed.

Chapter
Chapter

320. First meeting

The House originating the message for the appointment of a joint committee shall not nominate the time and place for the first meeting.

Chapter
Chapter

321. Quorum

At least three Members of the House must be present at every meeting of a joint committee.

Chapter
Chapter

322. Report

The House shall receive a report of any joint committee proceedings from one of its Members on that committee.

Chapter
Chapter

323. Legislation committees

  1. Immediately after a motion for a bill to be read a second time has been agreed to, any Member may move without notice “That the (name of the bill) be referred to a legislation committee for consideration and report”.

  2. A legislation committee shall consider and report to the House on amendments to the clauses and schedules of the bill which it considers could be proposed for consideration in detail, together with a schedule of amendments which should be proposed.

  3. A committee shall have a maximum of six Members – three shall be Members representing the Government and three shall be non-Government Members.

  4. The Chair and Deputy Chair shall be elected by the committee and shall be Government Members.

  5. A quorum shall be four Members.

  6. The Chair shall exercise a deliberative vote, and in the event of an equality of votes, a casting vote.

  7. A committee may meet during the sittings or any adjournment of the House and shall have power to take evidence and call for persons, papers, exhibits and things and to report from time to time.

  8. In all other respects a committee shall be conducted in accordance with the general provisions relating to committees.

  9. A committee shall not travel.

  10. The Minister having portfolio responsibility for the bill shall provide the committee with such drafting and support services as requested by the committee.

  11. A committee shall table its final report no later than 6 months from the date of the committee's establishment.

  12. When the Chair tables the final report of a committee the Speaker shall set down its consideration in detail as an Order of the Day with the bill.

  13. If the House is not sitting at the time of report the Chair shall forward such report to the Clerk for report at the next sitting of the House.

Chapter 24
Witnesses

Question

Chapter
Chapter

324. Summons

The Clerk shall summons witnesses, not being Members, to attend before the House.

Chapter
Chapter

325. Attendance of Member directed

The House may direct the attendance of one of its Members for examination and the Speaker shall issue such order.

Chapter
Chapter

326. Attendance requested

The Chair of a committee may request in writing a Member or officer of the House to attend a hearing as a witness. If the Member or officer refuses, the committee shall take no action other than to report the refusal to the House. An officer means a member of staff employed solely by the Speaker.

Chapter
Chapter

327. Request for Council attendance

If the House or a committee, upon request wishes to examine a Member or officer of the Council, a message shall be sent requesting the Council to grant leave.

Chapter
Chapter

328. Council request for Assembly attendance

If the Council or one of its committees wishes to examine a Member or officer of the Assembly, the House may authorise the Member to attend if the Member agrees. The House may order an officer to attend.

Chapter
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329. Introduced by Serjeant-at-Arms

A witness before the House shall be introduced by the Serjeant-at-Arms and be examined at the Bar.

Chapter
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330. Member examined in place

A Member shall be examined in the Member’s place.

Chapter
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331. Speaker puts questions

A witness appearing before the House shall be examined by Members putting questions through the Speaker.

Chapter
Chapter

332. Members may question

A witness appearing when the House is considering a matter in detail may be questioned directly by Members.

Chapter
Chapter

333. Objection to question

If any question is objected to by a witness or a Member, the witness shall withdraw while the House considers the matter.

Chapter
Chapter

334. Officers not to give evidence without leave

An officer of the House or a member of the reporting staff may not give evidence elsewhere in respect of any proceedings of the House or a Committee except with the leave of the House.

Chapter 25
Messages between the House and the Legislative Council

Question

Chapter
Chapter

335. Communication by message

The House may communicate with the Council by message.

Chapter
Chapter

336. Message conveying resolution

A Member may move at any time without notice that a resolution of the House be communicated by message to the Council. The question shall be decided without debate or amendment.

Chapter
Chapter

337. Speaker to sign

Messages from the Assembly shall be signed by the Speaker and delivered by the Clerk.

Chapter
Chapter

338. Receipt of messages

Messages from the Council shall be received by a Clerk-at-the-Table at the Bar of the House if the House is sitting. If the House is not sitting messages shall be received by the Clerk.

Chapter
Chapter

339. Report of messages

Messages from the Council shall be handed to the Speaker for report when other business is not before the House.

Chapter
Chapter

340. Consideration of messages

Messages from the Council may be considered:

  1. Forthwith; or

  2. At a later hour; or

  3. Tomorrow; or

  4. On a future day.

Chapter 26
Conferences between the House and the Legislative Council

Question

Chapter
Chapter

341. Communication by conference

The House may communicate with the Council by ordinary or free conference.

Chapter
Chapter

342. Rules of ordinary conference

At an ordinary conference:

  1. The minimum number of Assembly managers shall be five.

  2. All communication between the managers shall be in writing.

  3. The duty of the Assembly managers is confined to reading and delivering the reasons or resolutions to the Council managers or hearing and receiving reasons or resolutions from the Council managers.

Chapter
Chapter

343. Rules of free conference

At a free conference:

  1. The minimum number of Assembly managers shall be ten.

  2. The managers may confer verbally and without restriction with the Council managers.

Chapter
Chapter

344. Motion

A motion requesting a conference shall contain:

  1. The names of the Members proposed to be the managers for the Assembly.

  2. A statement of the general objects of the conference.

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Chapter

345. Message

The message requesting a conference shall state:

  1. The general objects of the conference.

  2. The number of Members the Assembly will appoint.

Chapter
Chapter

346. Restriction on request for conference

The House may not request a conference in respect of a subject matter in possession of the Council.

This Standing Order does not preclude a demand being made for a free conference in any case where the Council has rejected a bill transmitted by the Assembly to the Council, or has failed within the meaning of section 5B of the Constitution Act 1902, to pass it, or has passed it with any amendment to which the Assembly does not agree.

Chapter
Chapter

347. Ballot

A ballot may be required if a Member declines to serve as a manager.

Chapter
Chapter

348. House agreeing to conference not to appoint meeting

The House requesting the conference shall not appoint the time and place for the conference and agreement or otherwise shall be communicated by message.

Chapter
Chapter

349. Business suspended during conference

During any conference the business of the House shall be suspended until the ringing of one long bell.

Chapter
Chapter

350. Report

Any report from the managers from a conference shall be reported forthwith.

Chapter 27
Balloting

Question

Chapter
Chapter

351. Bells rung prior to ballot

Before the House proceeds to any ballot, the bells shall be rung as in a division. No other business shall be conducted during the balloting period.

Chapter
Chapter

352. Procedure

Unless otherwise provided, every ballot shall be conducted as follows:

  1. Each Member in the House shall give the Clerk a list indicating the names of the Member(s) of their choice not exceeding or less than the number to be elected.

  2. Lists indicating more or less than the number required shall be void and rejected.

  3. The Clerk shall collect the lists and report to the Speaker the names of the Member(s) with the most votes and shall keep a record of the conduct of the ballot.

  4. The Speaker shall declare such Member(s) to be elected.

  5. In the event of an equality of votes the Speaker shall decide the Member or Members to serve.

Chapter
Chapter

353. Closure of ballot

The ballot shall be closed 30 minutes after the ringing of the bells.

Chapter 28
Addresses to the Sovereign and to the Governor

Question

Chapter
Chapter

354. Address to Governor

All Addresses to the Governor shall be presented by the Speaker unless otherwise ordered.

Chapter
Chapter

355. Presentation of address

When Addresses are presented to the Governor:

  1. Members of the House may be present.

  2. The Address shall be read by the Speaker.

  3. The mover and seconder of the Address shall stand to the left of the Speaker.

Chapter
Chapter

356. Address to the Sovereign

In the case of an Address to the Sovereign the Speaker shall forward it to the Governor for presentation.

Chapter
Chapter

357. Report of answer

The Governor’s answer to any Address presented shall be reported to the House by the Speaker.

Chapter 29
Private bills

Question

Chapter
Chapter

358. Procedure

The procedure for the passage of a private bill on petition is as follows:

  1. At least 3 months prior to the presentation of the petition, a notice of intention to introduce a bill containing a true statement of the general objects of the bill shall be published once a week for 4 consecutive weeks in the Government Gazette, in at least one major newspaper published in Sydney and in the district affected by the bill.

  2. The petition, with a printed copy of the proposed bill attached and signed by one or more of the parties applying for the bill shall be presented and received by the House.

  3. The petition must contain:

    1. proof of the publication of the notice in the Government Gazette and the newspapers.

    2. a true statement of the general objects of the bill.

    3. a request to introduce the bill.

  4. When the petition has been received, notice of motion for the introduction of the bill shall be given, and such bill shall be brought in within 30 days.

  5. The motion for the introduction of the bill cannot be objected to and the motion cannot be amended or debated.

  6. Before being introduced and read a first time, the bill shall be printed and sufficient copies shall be delivered to the Clerk.

  7. Before being introduced and read a first time, and from time to time thereafter, the Clerk shall be entitled to claim such expenses from the promoters of the bill as the Clerk deems reasonable.

  8. After the first reading, the bill by motion on notice shall be referred to a select committee.

Chapter
Chapter

359. General provisions apply

Unless otherwise ordered the general provisions relating to committees shall apply to select committee on private bills.

Chapter
Chapter

360. Special rules

In the select committee:

  1. The committee shall require proof of the allegations contained in the preamble.

  2. The Chair shall have a deliberative and a casting vote.

  3. Every petition in reference to the bill shall be deemed to be referred to the committee.

  4. After taking evidence a question shall be put from the Chair – “That the preamble be agreed to

    1. If the question passes in the negative, the committee shall not proceed further with the bill and report accordingly.

    2. If the question is resolved in the affirmative the committee shall consider the clauses of the bill and any amendments may be proposed.

  5. The committee having reported in favour of the bill, it shall be proceeded with as in the case of public bills, and a later time set down for the second reading.

Chapter
Chapter

361. From Council

A private bill coming to the Assembly from the Council if accompanied by printed copies of the reports and proceedings of its select committee shall be proceeded with as a public bill.

Chapter
Chapter

362. Not numbered

Private bills shall not be numbered after assent.

Chapter
Chapter

363. Lapsed bill

  1. A private bill introduced in the Assembly which has lapsed because of prorogation may be proceeded with if a petition is lodged by the promoters within 10 clear sitting days of the new session of the same Parliament.

  2. If the petition is received a motion may be moved without notice that the House proceed with the same bill, with any alterations which may have been made in the previous session.

  3. The bill shall proceed from the point of interruption it had reached in the previous session if the bill is in the Assembly.

  4. If the bill was in the Council at prorogation, a message may be sent to the Council requesting that the bill be restored to the Council’s business paper.

  5. If already examined by a select committee, it shall not be necessary for another select committee to examine the bill.

  6. If the bill had been referred to but not reported upon by a select committee in the previous session it shall be referred to another committee comprising as nearly as possible the same Members.

  7. The committee shall be referred all minutes, papers and petitions in possession of the previous committee and previous requirements shall be deemed to have been satisfied.

Chapter 30
Standing and Sessional Orders

Question

Chapter
Chapter

364. Sessional Orders – adoption

The House may from time to time adopt Sessional Orders which shall have effect for the duration of the session, unless otherwise ordered.

Chapter
Chapter

365. Suspension of Standing Orders

  1. A Member may, at any time after 10.30 a.m. and up to 1.30 p.m., without leave, move a motion to suspend Standing and Sessional Orders to deal with any matter.

  2. A Minister may, at any time without leave, move a motion to suspend Standing and Sessional Orders to deal with any matter.

  3. The mover, one other Member and the mover in reply shall be entitled to speak to the motion for up to five minutes each.

  4. When the mover is a Member not supporting the Government, the response shall be by a Minister and, when the mover is a Member supporting the Government the response shall be by the Leader of the Opposition or a Member deputed.

  5. Such motions shall not be entertained during Question Time.

  6. The closure shall not apply.

Chapter 31
Parliamentary Secretaries

Question

Chapter
Chapter

366. Parliamentary Secretaries

Parliamentary Secretaries may act on behalf of Ministers and references to Ministers in the Standing and Sessional Orders shall be taken to include references to Parliamentary Secretaries except in respect of the following Standing Orders:

2(9) Inform the House when the Governor will give reasons for opening of Parliament

11(3) Inform the House when the Governor will receive the House with its new Speaker

26 Front bench reserved for Ministers

34 Days and hours of sitting

46 Adjournment of the House

90 Issue a notification for the allocation of time

102 Arrange government business

112 No confidence in a Minister

125 Petitions

126 Questions to Ministers

131(5) Oral Questions

132 Time for lodging answers to written questions

189 Declare a bill urgent

190, 243 Governor’s message not required for Appropriation and taxing bills introduced by a Minister

246(1) Estimates committees

269 Order for papers

323(10) Legislation Committees

365(4) Suspension of Standing Orders (response to motion)

Chapter 32
Proceedings of the Legislative Assembly

Question

Chapter
Chapter

367. Publication of Hansard

The House authorises the publication of the record of its debates and proceedings known as the “Parliamentary Debates (Hansard)”.

Chapter
Chapter

368. Filming and broadcast of proceedings

Suspended.

Chapter
Chapter

369. Electronic transactions

All references throughout the Standing and Sessional orders to the requirement for matters to be authorised or transacted in writing, will be met through electronic transmission of documents bearing clearly displayed signatures.

Chapter 33
Appendix - Resolutions of the House

Question

Chapter
Chapter

Friday routine of business

Adopted 26 March 2025

Amended 21 October 2025


That:

  1. The routine of business for Wednesday sitting days on weeks that include a Friday sitting day be amended by removing item 15 (take note of committee reports for up to 30 minutes).

  2. The routine of business for Friday sitting days be:

    1. Speaker to take the Chair at 10.00 am.

    2. Giving of General Business Notices of Motions (General Notices) for up to 15 minutes.

    3. General Business Notices of Motions for Bills for up to 40 minutes.

    4. Committee Reports – take note debates for up to 40 minutes.

    5. Government Business.

    6. Community Recognition Statements for up to 20 minutes.

    7. Private Members' Statements.

    8. Adjournment without motion until the next sitting day at 4.00 pm or at the conclusion of Private Members' Statements if concluded prior to 4.00 pm.

  3. In a sitting week where there is a reserve Friday, unless a Minister gives notice to the House, that the House is required to sit on the reserve Friday by 11:00 am on the preceding Wednesday, the House shall revert to the Wednesday Routine of Business under Standing Order 97.

Chapter
Chapter

Deferred Quorum Calls and Divisions

Adopted 15 October 2025

Amended 21 October 2025


That on Tuesday and Wednesday, from 6:30 pm:

  1. If any Member draws the attention of the Speaker to the state of the House, the Speaker shall announce that he or she will count the House at the first opportunity on the next sitting day, if the Member then so desires.

  2. Any divisions called, to be deferred to 10:30 am on the next sitting day, except for a division called on a motion to suspend any standing or other order of the House moved by a Minister during this period or any division necessary to resolve the question on such a motion.

  3. After a division is called and deferred, unless the House determines otherwise, the House to continue to consider all questions necessary for the consideration of all remaining stages with any subsequent divisions deferred to the next sitting day.

  4. During periods of deferred divisions, the following motions shall not be moved:

    1. Member be not further heard;

    2. Member be now heard; and

    3. Question be now put.

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Legislative Assembly of New South Wales

CONSOLIDATED STANDING
AND SESSIONAL ORDERS

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