Standing orders: Assembly

In all cases that are not provided for in these standing orders or by sessional or other orders, or by the practice of the House, the Speaker will determine the matter after reference is made to the rules, forms and practices of parliaments operating under the Westminster system, insofar as they may be applicable.

On the first day of a new Parliament the proceedings will be:

(1)    Members meet at the time and place specified in the Governor’s proclamation.

(2)    The Clerk reads the proclamation.

(3)    The Commissioner appointed by the Governor for swearing members is announced by the Serjeant-at-Arms, the Commissioner delivers the Commission to the Clerk, and the Clerk reads the Commission.

(4)    The Clerk reads the general election writ, which lists the members elected.

(5)    Members then make and subscribe the oath or affirmation of allegiance in accordance with the Constitution Act.

(6)    The House elects a Speaker.

(7)    The House elects a Deputy Speaker.

(8)    The Premier informs the House of the time at which the Governor will be advised of the Speaker’s election and the sitting is suspended until a time after that presentation.  Other members may accompany the Speaker to the presentation.

(9)        The Speaker reports the presentation to the House and the House awaits a message from the Governor.

On the first day of a new session, not following a dissolution:

(1)    Members meet at the time and place specified in the Governor’s proclamation.

(2)    The Clerk reads the proclamation.

(3)     The House awaits a message from the Governor.

(1)    The Serjeant-at-Arms announces the Governor’s messenger and escorts him or her to the table to deliver the message summoning members to hear the Governor’s speech.  

(2)    The Speaker and members attend the Council Chamber to hear the speech and then return to the Assembly Chamber. 

(3)     The sitting is suspended for an appropriate time.

The order of business after the suspension will be:

(1)    Question time and constituency questions.

(2)    Formal business, to re-assert and maintain the right of the House to deal with its own business before the Governor’s business.

(3)    The Speaker will report the Governor’s speech to the House.

(4)    An address-in-reply to the Governor’s speech is moved after the speech is reported.  The motion is seconded.

(5)     Any other business.

(1)    Immediately after they have been sworn in, the members present at the opening of the first session of a Parliament must elect a Speaker.¹  If the Office of Speaker becomes vacant at any other time, no business may be transacted until a new Speaker is elected.

(2)    The election of a Speaker takes precedence over any other business or motion and must not be interrupted by any other proceeding.

(3)    Subject to SO 7, the House must continue to sit until a Speaker is elected.  

¹ A Speaker must be elected before the House proceeds with any other business: Constitution Act 1975 s 39.

(1)    The Clerk chairs the election of the Speaker.

(2)    The Clerk may suspend the sitting for up to two hours during an election as he or she sees fit.

(3)    If the House has had to sit to an unreasonably late hour, the Clerk may adjourn it, without a question being put, to the next working day.

The House must elect a Speaker from members nominated in the following way. The Clerk must:

(1)    Ask whether there are any nominations.

(2)    Allow adequate time for nominations to be made and seconded.

(3)    Ask if the member nominated consents.

(4)    Ask whether there are any further nominations and then wait a further 30 seconds.

(5)    Repeat this process, if necessary, until there are no further nominations. When there are no further nominations, the Clerk declares that the nominations are closed.

(6)    If only one member is nominated, the Clerk declares that member elected.

A candidate may withdraw from nomination by rising and requiring his or her name to be withdrawn. A candidate may not do so while a vote is being taken. If a candidate’s withdrawal results in only one candidate remaining, that candidate is declared elected as Speaker.

If more than one member is nominated for the position of Speaker, the voting procedure is as follows:

(1)    The Clerk rings the bells for three minutes with the doors unlocked. He or she then orders the doors to be locked.

(2)    The Clerk announces the names of the candidates who have been nominated and seconded. Each member present will be issued with a ballot paper certified by the Clerk.

(3)    Each member writes down on the paper the name of his or her preferred candidate. The surname is sufficient unless there is more than one candidate with the same surname. In that case, the initials or the electorate of the candidate should be added.

(4)    Each member puts the ballot paper into the ballot box on the table of the House.

(5)    Any ballot not cast within three minutes of all voting papers having been issued will be disallowed. The Clerk will announce to the House when one minute of the period remains.

In all ballots and special ballots, the votes must be counted in the following way:

(1)    The proposer of each candidate names a member to be scrutineer. The same scrutineer acts in all ballots.

(2)    The doors are unlocked.

(3)    The scrutineers and the Deputy Clerk retire with the ballot box and count the votes.

(4)    If a counter believes that a vote is informal, he or she may request a decision on the matter by the Clerk:

     (a)    the Clerk then goes to the room where the votes are being counted;

     (b)    the number of votes received by any candidate will not be disclosed to the Clerk;

     (c)    a vote is valid if, in the Clerk’s opinion, it identifies the candidate selected by the member voting.

(5)    The scrutineers give the Clerk a written report on the results of the count.

(6)    The Clerk will announce the results, including the number of votes for each candidate and the number of informal votes.

While an election of Speaker is in progress, no member may address the House except to nominate or second a candidate.

If a candidate obtains more than half of the votes of members present who have voted formally, he or she is elected Speaker. If no candidate obtains sufficient votes, the candidate with the lowest number of votes is eliminated, and another vote is held between the remaining candidates. This process is repeated until one candidate receives more than half of the formal votes of members present.

(1)    If only two candidates remain and the number of votes for each candidate is equal, a second ballot is held. After the second ballot, if the candidates still have equal votes, the Clerk must announce that fact. Unless one of the candidates withdraws from the election, the Clerk must then say ‘As the votes are equal, it is necessary to take an open vote to decide this
question’.

(2)    Before taking the open vote, the Clerk rings the bells for three minutes with the doors unlocked. He or she then orders the doors to be locked, and reminds the House that an open vote is to be taken. The Clerk indicates a side of the House for each candidate and directs members to vote by taking a seat on their preferred candidate’s side. Each member present must vote.

(3)    The Clerk then appoints tellers for each side. The tellers count the votes. The candidate who receives the greater number of votes is declared elected Speaker.

(4)    If, after an open vote, the candidates receive the same number of votes, the Clerk will announce that fact, immediately adjourn the House without any question being put and arrange for another meeting to take place within seven days. The Clerk will notify members of the day and time appointed for that meeting.

(5)    At a further meeting another open vote will be held in relation to the candidates following the procedure laid down in paragraphs (2) and (3). This will be repeated until one candidate is elected Speaker.

(1)    If more than two candidates remain and there is a tie for the smallest number of votes, the tie must be resolved by a special ballot.

(2)    A special ballot is held only between those candidates who have tied with the smallest number of votes. Members must write on the ballot paper the name of the candidate they wish to retain. The one who gets the smallest number of votes is eliminated. The names of all other candidates must be submitted to the next ballot for the election of Speaker.

(3)    If the special ballot itself results in a tie for the smallest number of votes, a further special ballot is held in which only the names of the candidates with the smallest number of votes in the special ballot are submitted.

(4)    If it is still impossible to determine which candidate is to be excluded because the further special ballot has resulted in a tie for the smallest number of votes, the Clerk must announce that fact. Unless one of the candidates withdraws from the election, the Clerk must then say ‘As the votes are equal, it is necessary to take an open vote to decide this question’.

(5)    Before taking the open vote, the Clerk rings the bells for three minutes with the doors unlocked. He or she then orders the doors to be locked, and reminds the House that an open vote is to be taken. The Clerk indicates a side of the House for each candidate and directs members to vote by taking a seat on their candidate’s side. Each member present must vote.

(6)    The Clerk must appoint tellers for each side. The tellers must
count the votes. The candidate who receives the smallest number of votes is eliminated from the next ballot for the election of Speaker.

The Clerk must preserve the ballot papers for one month, and must then destroy them unless directed not to by the House.

When a Speaker has been declared elected, the nominator and seconder escort him or her to the Chair.

(1)    The House must elect a Deputy Speaker.

(2)    The election of a Deputy Speaker is governed by SOs 6 to 16, except that:

     (a)    where the election is at the opening of the first session of a Parliament, it must take place immediately after the election of the Speaker;

     (b)    where a subsequent vacancy occurs, the election will take place as the last item of formal business on a day to be determined by the Speaker within six sitting days of the vacancy arising;

     (c)    the Speaker presides over the election.

(3)    The Deputy Speaker holds office for the duration of the Assembly, unless the House directs otherwise.

The Deputy Speaker will take the Chair whenever requested by the Speaker.

Each session the Speaker will appoint a panel of members who will preside in the House whenever requested by the Speaker or the Deputy Speaker.

During any absence of the Speaker, the Deputy Speaker performs the duties and exercises the authority of the Speaker in relation to all proceedings of the House until the return of the Speaker or until the House decides otherwise. The Deputy Speaker may nominate one of the Acting Speakers to act as Deputy Speaker

(1) If both the Speaker and the Deputy Speaker are absent from the House, the House may elect a member to act as Deputy Speaker until either the Speaker or the Deputy Speaker is present.

(2) The election is conducted in the same way as the election of the Speaker.

A member elected in a by-election or supplemental election is escorted to the table by two members, or the Serjeant-at-Arms, and sworn in by the Speaker.

(1)    The front bench to the right of the Chair is reserved for ministers, and the front bench to the left is occupied by shadow ministers and the leader and deputy leader of the third party.

(2)    A member may speak from the table during debate if he or she is:

     (a)    a former minister; or

     (b)    handling the bill, or other matters, being debated on behalf of a party.

Any question regarding the seats to be occupied by members must be decided by the Speaker.

No member will be absent for more than nine consecutive sitting days of any session without the Speaker being advised of the reason for his or her absence. Any member who wilfully infringes this Standing Order may be guilty of contempt.

SO 27 deleted 27/11/2019 

The Speaker may only take the Chair and start a meeting of the House at the appointed time if a quorum of members is present.² If there is still no quorum half an hour after that time, the Speaker must take the Chair and adjourn the House at once to the next sitting day.

² Twenty members, not including the Speaker: Constitution Act 1975 s 40.

(1)    If a member draws attention to the lack of a quorum when the House is sitting, the Chair must count the members present and, if there is no quorum, the procedure is as follows:

     (a)    the bells are rung with the doors unlocked;

     (b)    no member may leave the Chamber;

     (c)    if, after the bells have been rung, the Speaker is of the opinion that a quorum will not be formed, he or she must adjourn the House until the next sitting day without putting the question.

(2)    If the lack of a quorum becomes clear on the report of a division of the House, the Speaker must adjourn the House until the next sitting day without putting the question.

When the House is adjourned for lack of a quorum, business under discussion and business not disposed of takes precedence on the next day of sitting.

The House can only be adjourned:

(1)    By the Speaker under SO 29, without putting a question, for lack of a quorum.

(2)    By the Speaker under SO 129, without putting a question, where there is grave disorder.

(3)    By the Clerk under SOs 7 and 14, without putting a question, during the election of a Speaker.

(4)    After a motion ‘That the House now adjourns’ has been:

(a)    moved by a minister; or

(b)    proposed by the Speaker under SO 32.

(1)    At 10.00 pm each sitting day, unless a division is taking place, the Speaker will interrupt the business before the House.

(2)    If a division is taking place at 10.00 pm, it will be completed and the result announced. If the division is on a closure motion, and the motion is agreed to, the question or questions then required to be put to close the issue before the House will also be dealt with. The Speaker will then interrupt business.

(3)   After the interruption:

     (a)    before a motion for the adjournment is proposed by the Speaker, a minister may move that the sitting be continued. That motion must be put immediately without amendment or debate. If it is agreed to, the House will resume debate at the point at which it had been interrupted; or

     (b)    if a motion is not moved, the Speaker will immediately propose the question ‘That the House now adjourns’. Any business under discussion and any other business not concluded at the time of the adjournment will be listed on the notice paper for the next sitting day. Any member speaking at the time of the interruption may, when debate resumes, continue his or her speech.

Following an adjournment motion proposed by a minister under SO 31(4)(a) or by the Speaker under SO 32:

(1)    The question ‘That the House now adjourns’ may be debated and any debate will last for a maximum of 30 minutes or until 10 members have spoken, whichever is the shorter. Subject to such overall time period, the time limit for each member speaking in the debate is three minutes. Immediately afterwards a period of 30 minutes in total will be provided for ministers to respond.

(2)    At the end of any debate, the Speaker will adjourn the House, without putting any question, until the next sitting day.

(3)    If the minister responsible is not present in the House to respond to issues raised by members, the minister must provide a written response within 30 days by delivering it to the Clerk. The Clerk must give the response to the member who raised the issue and electronically publish the response.

Government business takes precedence over all other business except:

(1)    Motions of no confidence in the government; and

(2)    In relation to:

     (a)    the election of Speaker (SO 6);

     (b)    the election of Deputy Speaker (SO 18);

     (c)    the election of an Acting Deputy Speaker (SO 22);

     (d)    other business during MPI time (SO 37);

     (e)    the grievance debate (SO 38);

     (f)    matters of public importance (SO 39);

     (g)    statements by members (SO 40);

     (h)    statements on parliamentary committee reports (SO 41);

     (i)    condolences (SO 42);

     (j)    question time (SO 55) and constituency questions (SO 55A);

     (k)    disallowance motions (SO 151).

On the opening day of a new Parliament or session the order of business is as provided in SOs 2 to 5. Business set or given precedence by SOs 37 to 42 and SO 55 is subject to those provisions and relates only to other sitting days.

Unless a matter concerning the privileges of the House arises, or an election of a Speaker is held under SO 6, the order of business will be:

Tuesdays

Question time and constituency questions
Formal business
Statements by members (SO 40)
Government business
General business

Wednesdays

Formal business
Disallowance motions (SO 151)
Statements by members (SO 40)
Matter of public importance (SO 39) or grievance debate (SO 38)
Statements on parliamentary committee reports (SO 41)
Government business
Question time and constituency questions (at 2.00 pm)
Government business continued
General business

Thursdays (and Fridays)

Formal business
Statements by members (SO 40)
Government business
Question time and constituency questions (at 2.00 pm)
Government business continued
General business

(1)    Despite the provisions of these standing orders, a member may propose that any item or items listed on the notice paper should be called on in total or partial substitution of a discussion of a matter of public of importance under SO 39.

(2)    A member making a proposal must:

     (a)    obtain the prior agreement of the leaders of the government, opposition and third party, as the case may be, or their nominees;

     (b)    give details of the agreed item/s in writing to the Speaker by 4.00 pm on the day before the day set for the discussion.

(3)    The Speaker will, by 5.30 pm on the day before the discussion, confirm details of the agreed item/s to the leader of each party and any independent members.

(4)    Any business under discussion at the end of the time allocated for the matter of public importance will be listed on the notice paper for the next sitting day.

(1)    Subject to paragraph (2), a debate on the question ‘That grievances be noted’ will take place on the first sitting Wednesday of each calendar year and every subsequent third sitting Wednesday.

(2)    For the first sitting week only of a new Parliament or session, there will be no grievance debate. Instead, the first grievance debate will take place on the second sitting Wednesday and every subsequent third sitting Wednesday.

(3)    The debate will be the first item of business after statements by members and will last for two hours, or until eight members have spoken, whichever is the shorter.

(4)    Subject to paragraph (3), any member may speak in the debate for a maximum of 15 minutes.

(1)    Precedence will be given to matters of public importance immediately after statements by members each sitting Wednesday except on grievance days set under SO 38 and except for the first sitting week of a new Parliament or session.

(2)    A member may propose to the Speaker a definite matter of public importance to be submitted to the House for discussion. In considering which proposals to accept the Speaker will:

     (a)    alternate between those made by non-government members and those by government members;

     (b)    accept proposals from non-government members on a pro-rata basis according to the non-government representation in the House, the Speaker having full discretion in making and putting into effect the apportionment.

(3)    A member proposing a matter must give the Speaker a written statement of the proposal by 4.00 pm on the day before the day of the discussion.

(4)    If more than one member proposes a matter for discussion on the same day, the Speaker will decide which one to consider under paragraph (5).

(5)    The Speaker will decide whether the proposal is in order and, by 5.30 pm on the day before the discussion, will give details of the proposal which has been accepted to the leader of each party and any independent members.

(6)    Only one matter will be discussed on any one sitting day.

(7)    On the day of the discussion the Speaker will read the proposal to the House and will then call the member making the proposal to speak.

(8)    The discussion will be no longer than two hours, the first government and non-government speakers may each speak for a maximum of 15 minutes and any other member for a maximum of 10 minutes. The call is to alternate between government and non-government speakers.

(9)    At any time during the discussion, a motion may be moved by any member ‘That the business of the day be called on’. The motion will be put immediately and decided without amendment or debate and, if agreed to, statements on parliamentary committee reports under SO 41 will be called on immediately. No other question seeking to end the discussion can be proposed.

(1)    After formal business each sitting day members may make statements on any topic of concern during a maximum period of 30 minutes — provided that precedence is given to a disallowance motion moved under SO 151.

(2)    Subject to paragraph (1), the time limit for each member making a statement is 90 seconds, the call being allocated between members according to party/individual representation in the House.

(1)    On each sitting Wednesday, immediately after the grievance debate or matter of public importance, as the case may be, members may make statements on any parliamentary committee reports, excluding reports by the Scrutiny of Acts and Regulations Committee under s 17(a), s 17(b) or s 17(c) of the Parliamentary Committees Act 2003, tabled in the House during the current Parliament.

(2)    The overall time period for such statements is a maximum of 30 minutes or until six members have spoken, whichever is the shorter, the call being alternated between government and non-government members.

(3)    Subject to paragraph (2), the time limit for each member making a statement is five minutes.

(1)    Subject to paragraph (2) precedence on a sitting Tuesday will be given to:

     (a)    a condolence motion in the event of the death of:

          (i)    a sitting member or a member from the preceding Parliament; or

          (ii)    a past or present Governor, Premier, Presiding Officer, Leader of the Opposition, leader of a recognised political party, Leader of the Government or Opposition in the Legislative Council; or

          (iii)    a person who had previous distinguished ministerial service or other distinguished service in Victoria; or

          (iv)    any other person, subject to the agreement of the House.

     (b)    an announcement by the Speaker in relation to the deaths of former Assembly members not referred to in sub-paragraph (a). After the announcement the Speaker will ask members to rise in their places as a mark of respect to the memory of the deceased. The Speaker will then send a message of sympathy from the House to the relatives of the deceased —

provided that, if condolences under both sub-paragraphs (a) and (b) are due to be expressed on the same sitting day, the announcement/s under sub-paragraph (b) will be made first.

(2)    During the first sitting week of a new Parliament or session condolences may, at the discretion of the government, be given precedence on any sitting day other than the opening day.

(3)    Where a condolence motion occurs under paragraph (1)(a), unless otherwise ordered, the House will adjourn for a period of one hour at the conclusion of the motion.

(4)    A member or former member may notify the Clerk that they do not want a condolence motion to be moved in the event of their death. On the occasion of their death the Clerk will advise the Speaker, Premier and Leader of the House of their wishes.

A minister may make a statement during government business and without leave on the following basis:

(1)    During formal business, or at a break in business, the minister must give notice of intention to make a statement at a specified time later that sitting day, not less than two hours from the time notice is given.

(2)    The minister must, prior to or at the time of giving notice, provide a copy of the statement to the Speaker, the party leaders or their nominees, and any independent members.

(3)    The minister must hold discussions with the leaders, or their nominees about the number of members to speak in reply. Following those discussions the minister must determine the number and advise the Speaker. The Speaker will announce the decision prior to calling the minister to make the statement.

(4)    At the time specified by the minister for the statement to be made, the Speaker will interrupt the business before the House and call the minister, provided that, if at the specified time the House is not dealing with government business, the statement will be deferred until government business is called on and then dealt with as the first item of such business.

(5)    The business under discussion at the time of the interruption will be resumed immediately after all responses to the statement have been completed, and any member speaking at the time of the interruption may then continue his or her speech.

(6)    The minister may speak for no more than 20 minutes. In responding the lead speaker for the opposition may speak for a maximum of 20 minutes. Subject to the determination made under paragraph (3), any other member may speak for a maximum of 10 minutes.

(1)    Every petition must:

     (a)    be presented by a member who has not signed the petition; and

     (b)    be given to the Clerk at least one day before the meeting of the House at which it is to be presented; and

     (c)    be examined by the member to ensure that the petition is not offensive in its language or tone, and that it complies with the rules of the House; and

     (d)    be signed by the member at the top of the front page.

(2)    The Clerk must certify that the petition is in accordance with the standing orders and procedures of the House.

A petition will:

(1)    Be legible.

(2)    Be addressed to the Legislative Assembly of Victoria.

(3)    Be in English or accompanied by an English translation certified to be true and correct by the member who presents it.

(4)    Be respectful and temperate in its language.

(5)    State the action or remedy sought from the House on the top of every sheet.

(6)    Contain at least one signature.

(7)    Contain the original signatures, names and addresses of the petitioners. Only a petitioner incapable of signing may get someone else to sign for him or her.

(8)    Not contain signatures which have been pasted or in any other way transferred or attached to the petition.

(9)    If from a corporation, be made under its common seal.

A petition must not have letters, affidavits or other documents attached to it.

It is a breach of privilege of the House for a person to add the name of any other person to a petition to be presented to the House, except with the consent of a person who is incapable of adding his or her own name.

Unless a member reads the terms of a petition under SO 49, a petition must be presented during formal business at a time when no debate is taking place.

(1)    A member may read the terms of a petition and the number of signatures during statements by members under SO 40.

(2)    Prior notice of not less than one day must be given to the Clerk and the Clerk’s confirmation received that the petition complies with standing orders.

(3)    After reading the details under paragraph (1) the member must give the petition to the Clerk and cannot later move that the petition be taken into consideration under SO 51.

The Clerk, subject to SO 49, announces to the House the petitions lodged for presentation stating, for each petition, the name of the member who lodged it, the identity of the petitioners, the subject matter and the number of signatures. The terms of each petition must be printed in Hansard.

(1)    When a petition is presented, the only questions the House can consider are ‘That the petition is tabled’ and ‘That it be taken in consideration’ (on a stated future day). These questions must be decided without amendment or debate.

(2)    The House may consider a petition immediately if it concerns a personal grievance which may require an urgent remedy.

If an order of the day for the consideration of a petition has remained on the notice paper for 30 sitting days without debate, the Speaker will announce it will be removed from the notice paper on the next sitting day. A member who moved that a petition be taken into consideration may write to the Clerk and require the order of the day to remain.

A copy of every petition received by the House must be referred by the Clerk to the minister responsible for the administration of the matter that is the subject of the petition.

Questions may be asked of:

(1)    Ministers on matters relating to public affairs; and

(2)    Other members relating to a bill, motion, or other public matter connected with the business of the House in which that member is concerned.

(1)    A member must give a question on notice to the Clerk in sufficient time, in the opinion of the Speaker, to enable it to be published in that sitting day’s questions on notice.

(2)    The question must be in writing and signed by the member.

(3)    The reply to a question on notice must be given by delivering it to the Clerk within 30 days. The Clerk must give the response to the member who asked the question and electronically publish the response.

(1)    Members may ask oral questions without notice (question time):

     (a)    on a sitting Tuesday immediately following the Prayer, except where precedence is given to condolences under SO 42 when question time will follow immediately afterwards; and

     (b)    at 2.00 pm on every other sitting day.

(1A)   At the conclusion of each answer to an oral question without notice, the questioning member may ask the responding minister a supplementary question to elucidate or clarify the answer. Supplementary questions must actually and accurately relate to the original question, must relate to, or arise from, the answer and must not be a separate question on the same topic.

(1B)  The following time limits apply:

(2)    Question time will last for 30 minutes or until 10 questions have been answered, whichever is the longer provided that:

     (i)    where a question is ruled out of order it is, for the purposes of this Standing Order, deemed to have been answered; and

     (ii)    only one question time is permitted each sitting day.

(3)    When question time occurs under paragraph (1)(b):

     (a)    at 2.00 pm, unless a division is taking place, the Speaker interrupts the business before the House and the bells are then rung for one minute;

     (b)    if a division is taking place at 2.00 pm:

          (i)    it will be completed without interruption and the result announced;

          (ii)    if the division is on a closure motion, and the motion is agreed to, the question or questions then required to be put to close the issue before the House will also be dealt with;

          (iii)    business is then interrupted following the procedure in sub-paragraph (a).

     (c)    any business under discussion and not completed at the interruption will be resumed immediately at the end of question time and any member speaking at the time of the interruption may then continue his or her speech.

(1)    At the conclusion of question time, five government members and five non-government members may ask one oral question each to ministers relating to constituency matters.

(2)    The time limit for each constituency question is one minute.

(3)    Replies to constituency questions must be given in writing within 30 days by delivering a reply to the Clerk. The Clerk must give the response to the member who asked the question and electronically publish the response.

The Speaker may require the language of a question to be changed if it seems to him or her that it is unbecoming or is in breach of the standing orders or conventions of the House.

(1)    A member asking a question must not:

     (a)    offer argument or an opinion on the matter; or

     (b)    give facts or names of persons, except those strictly necessary to explain the question.

(2)    All questions must be direct, succinct and seek factual information.

(1)    All answers to questions must:

     (a)    be direct, factual and succinct;

     (b)    not introduce matter extraneous to the question nor debate the matter to which the question relates.

(2)    Subject to paragraph (1) and SOs 118, 119 and 120, a minister will have discretion to determine the content of any answer.

A bill, unless received from the Council, must be introduced by a motion moved without notice, specifying its intended title.

Every bill not prepared according to the standing orders and practices of the House will be ordered to be withdrawn by the Speaker.

(1)    On the introduction of a bill by a member under SO 59, or on the receipt of a bill from the Council for the House’s agreement, its first reading will be proposed immediately. The question will be decided without amendment or debate except that (other than for a bill received from the Council) a member introducing a bill may be asked for a brief explanation of its scope.

(2)    After the first reading, the bill will be printed and except as provided for under paragraph (3), the House will fix a future day for its second reading.

(3)    After the first reading, a member may move the second reading of a bill immediately:

     (a)    if it is an Appropriation or Supply Bill; or

     (b)    if representatives of the other parties, and any independent members, have received a prior copy of the bill and a briefing; or

     (c)    with the leave of the House.

(1)    After the order of the day for the second reading of a bill has been read, the question to be proposed is ‘That this bill be now read a second time’.

(2)    A statement of compatibility tabled under s 28 of the Charter of Human Rights and Responsibilities Act 2006 will be incorporated in Hansard, without leave being required.

(3)    A second reading speech for a bill being introduced by a member or minister will be incorporated into Hansard at the request of the member or minister, with the following exceptions:

     (a)    where the speech contains a statement under s 85(5)(c) of the Constitution Act 1975, that statement must be delivered verbally to the House; and

     (b)    where a speech contains a statement under s 31(5) of the Charter of Human Rights and Responsibilities Act 2006 that statement must be delivered verbally to the House.

(1)    An amendment may be moved to the question ‘That this bill be now read a second time’ by leaving out ‘now read a second time’ and inserting ‘deferred indefinitely’, or other wording providing it is relevant to the bill.³

(2)    If the amendment is agreed to, the bill lapses.

³  A reasoned amendment normally sets out a reason or argument for opposing or delaying a bill. The accepted wording is that the bill is ‘withdrawn and redrafted to provide for …’ or that the House ‘refuses to read this bill a second time until (a specified relevant event takes place)’.

Amendments to be proposed during consideration in detail may be circulated as follows:

(1)    During the debate on the question ‘That this bill be now read a second time’ a member, without leave but not when another member is speaking, may announce amendments to that bill and ask that they are circulated.

(2)    The announcement and request to circulate may not be debated.

(3)    Following circulation, the member may discuss the principles of the amendments during the second reading debate.

When a bill has been read a second time, the House will immediately consider the bill in detail unless the House:

(1)    Refers the bill to a select committee; or

(2)    Gives leave for the bill to proceed immediately to the third reading; or

(3)    Defers consideration in detail until a later time.

(1)    Each bill must be considered in the following order:

     (a)    clauses separately and in order;

     (b)    proposed new clauses;

     (c)    the schedules separately and in order;

     (d)    proposed new schedules;

     (e)    the preamble (if any);

     (f)    long title;

     (g)    short title.

(2)    Consideration of a clause may be postponed, unless it has already been considered and amended.

(3)    After debate on a clause has concluded, the question must be put that the clause (or the amended clause) stands part of the bill.

(4)    Following consideration and, if necessary, amendment of the preamble, the question must be put ‘That this be the preamble of the bill’.

(1)    Any amendment may be moved during consideration in detail to any part of the bill, provided it is relevant to the subject matter of the bill or pursuant to a motion on notice to extend the scope of the bill.

(2)    If an amendment has been made in the bill necessitating an amendment of the long title, a question will be proposed ‘That the long title, as amended, be the long title of the bill’.

(3)    If a bill is amended, the final question during consideration in detail will be ‘That the House agrees to the bill as amended’.

A member must not refer to the proceedings of a select committee on a bill until the proceedings have been reported.

At any time before the passage of the third reading, a bill, on motion without notice by a member, may be reconsidered in detail, in whole or in part, by the House.

Following the consideration in detail stage the Clerk will sign the bill to certify that it is correct.

When a bill has been agreed to at the consideration in detail stage the question will be posed ‘That this bill be now read a third time’.

The only amendments which may be moved to the question ‘That this bill be now read a third time’ are as provided by SO 63 in relation to the second reading question.

The further proceedings on a third reading of a bill may be adjourned to a future day.

When the third reading of a bill is agreed to, it is passed.

Where a bill has been amended, the Clerk and the Clerk of the Parliaments are authorised to carry out any consequential renumbering required in it, except in relation to text being inserted or substituted in Principal Acts.

(1)    After a bill has passed and has been certified by the Clerk it will be sent or returned to the Council with a message, without a question being put.

(2)    If the bill originated in the House, the message will present the bill for the agreement of the Council.

(3)    If the bill originated in the Council, the message will inform the Council that the House has:

     (a)    agreed to the bill without amendment; or

     (b)    agreed to the bill subject to the amendments contained in the schedule attached and the Council’s agreement to such amendments is requested; or

     (c)    rejected the bill.

When a bill is returned from the Council with amendments, the amendments will be printed and a time will be fixed for taking them into consideration.

(1)    The amendments made by the Council may be:

     (a)    agreed to either with or without amendments; or

     (b)    disagreed with; or

     (c)    deferred indefinitely, in which case the bill lapses.

(2)    After the House has dealt with the amendments, a message will be sent informing the Council of the House’s decision, without a question being put.

(1)    An amendment proposed by the Governor to a bill presented for royal assent must be dealt with by the House in the same way as an amendment of the Council.⁴

(2)    When the House agrees to the amendment it must be sent to the Council with a message requesting agreement, without a question being put.

⁴    See Constitution Act 1975 s 14.

(1)    If a bill is introduced which the Clerk certifies is the same as a bill which passed its second reading but was not finally passed by both Houses in the previous session of the same Parliament, a member may move that the bill be advanced to the stage, or any earlier stage, it had reached in the House in the previous session.

(2)    That motion is put to the House without amendment or debate and, if agreed to, the bill is restored on the notice paper at the stage specified in the motion. It is then to be dealt with in the same way as any other bill.

(3)    A bill restored to the notice paper may be reprinted with the current calendar year in its short title and in any corresponding references within the bill.

(4)    If the motion is not agreed to, the bill may be brought in and proceeded with in the ordinary manner.

The Clerk may correct a clerical or typographical error in a bill before it is sent to the Council. The Clerk must inform the House at once of any clerical corrections made.

Whenever a bill to alter the Constitution Act has passed its third reading in the Assembly with the concurrence of an absolute or special majority of the whole number of the members of the House, the Clerk must certify that fact.

(1)    After the second reading speech has been made, the Speaker may rule that the bill is a private bill.

(2)    Unless the House agrees to treat the bill as a public bill, the Speaker will publish a statement about the general nature of the bill in a newspaper circulating generally in Victoria and, if applicable, in a newspaper circulating in the relevant locality.

(1)    A person who considers that a provision in the bill has a direct and adverse effect on him or her has 14 days after the publication to send a written detailed objection to the Speaker.

(2)    If a written objection is made, the Speaker must appoint a panel of examiners of at least three Acting Speakers to consider the objection and to report to the Speaker on whether it raises sufficiently important matters for the appointment of a select committee to consider the bill. The Speaker must inform the House of the recommendation made by the panel to each objection.

Unless the House dispenses with fees, the promoter of a private bill must pay to the Department of the Legislative Assembly:

(1)    A deposit of $1,000 before the bill is read a second time; and

(2)    An amount, less the deposit, to reimburse all expenses involved in the preparation and passage of the bill, including costs of:

     (a)    drafting and printing;

     (b)    circulation and advertising;

     (c)    any select committee appointed to consider it —

and payment must be received before the Clerk of the Parliaments presents the bill for royal assent.

A private bill is dealt with in the same way as a public bill except for the procedures in SOs 83 to 85.

After an Appropriation Bill or a Supply Bill has been introduced to the House, it may be ordered to be read a second time immediately after being read a first time.

(1)    A proposal to appropriate public money cannot proceed without a message from the Governor to the House in the same session recommending the appropriation.

(2)    A bill which requires a message from the Governor, except for an Appropriation or Supply Bill, may be introduced and proceeded with before the message is announced.

No amendment can be moved which would increase the amount of money to be appropriated from that proposed in the bill, unless a further message is received from the Governor.

Only a minister may:

(1)    Propose the imposition of a tax, rate, duty or impost, or an increase or alteration of its incidence.

(2)    Move an amendment to increase or extend the incidence of a charge in a proposal made under paragraph (1) — provided that any member may move such an amendment if the charge does not exceed the charge already authorised by any Act.

An Appropriation Bill must contain a schedule which includes the same divisions, sub-divisions and items as are used in the Treasurer’s Annual Estimates of Expenditure. During consideration in detail, each division in the schedule must be considered in the order shown in the schedule.

The Speaker must, without delay, present the Appropriation Bill and the Appropriation (Parliament) Bill to the Governor for the royal assent.

When any pecuniary penalty, forfeiture or fee is authorised, imposed, appropriated, regulated, varied or removed by any:

(1)    Bill received from the Council; or

(2)    Amendments to a bill returned to the House by the Council —

the House does not insist on its privileges when:⁵

(a)    The object of the pecuniary penalty or forfeiture is to secure the execution of the Act or the punishment or prevention of offences; or

(b)    The fees are imposed in respect of benefit taken, or service rendered under the Act, and in order to secure the execution of the Act, and are not made payable into the Treasury, or in aid of the public revenue, and do not form the ground of public accounting by the parties receiving the same, either in respect of deficit or surplus; or

(c)    The bill is a private bill for a local or personal Act.

⁵ See also Constitution Act 1975 s 64.

(1)    Before the House meets in any week:

     (a)    the Leader of the House, the Deputy Leader of the Opposition and the Deputy Leader of the Third Party, or their nominees, may meet as a business committee to try to agree how the House will deal with government business that week;

     (b)    after each meeting has finished, the outcome may be made public by any member of the business committee.

(2)    On the first day of the sitting week:

     (a)    before government business is called on, the Leader of the House, or his or her nominee, may move, without leave, a motion setting times and dates (the completion time) by which consideration of specified items of government business and/or government bills must be completed in that sitting week;

     (b) the debate will last for a maximum of 30 minutes or until six members have spoken, whichever is the shorter;

     (c) subject to sub-paragraph (b), the time limit for each member speaking in the debate is five minutes.

After a special meeting of the business committee:

(1)    The Leader of the House, or his or her nominee, at a change of business and without leave, may move a motion to amend the resolution agreed under SO 94.

(2)    The debate will last for a maximum of 30 minutes or until six members have spoken, whichever is the shorter.

(3)    Subject to paragraph (2), the time limit for each member speaking in the debate is five minutes.

(4)    Any change to the program comes into operation one hour after the motion is agreed to.

The following provisions apply to the circulation of amendments:

(1)    Amendments may be circulated under SO 64 and during consideration in detail of a bill; and

(2)    During consideration of amendments made or suggested by the Council:

     (a)    a member may announce and circulate amendments to be proposed to the Council amendments, without leave but not when another member is speaking;

     (b)    the announcement and request to circulate may not be debated.

(3)    Amendments circulated under paragraphs (1) or (2) may only be considered at the completion time under SO 98 and SO 100 if they have been circulated not less than two hours earlier.

At the completion time, if there are specified bills or items of business to be completed:

(1)    Unless a division is taking place, the Chair will interrupt the business before the House.

(2)    If a division is taking place:

(a)    it will be completed without interruption and the result announced;

(b)    if it is on a closure motion in relation to a non-specified bill or item of business, and the motion is agreed to, the question or questions then required to be put to close the issue before the House will also be dealt with;

(c)    the Chair then interrupts business.

(1)    In the case of a specified item of business being considered at the interruption, the Chair will immediately put the question on any amendment and/or motion already proposed from the Chair, in order to conclude proceedings on the item.

(2)    In the case of a specified bill being considered at the interruption:

     (a)    the Chair will immediately put the question on any amendment or motion already proposed from the Chair;

     (b)    the consideration in detail, or any remaining consideration in detail stages, are dispensed with;

     (c)    after resolution of any question or questions required by sub-paragraph (a) the Chair will immediately, subject to SO 101, combine any remaining questions necessary:

          (i)    to dispose of any amendments, new clauses and new schedules required by the government which have been circulated under SO 96 — no other amendments, new clauses or new schedules will be proposed;

          (ii)    to dispose of amendments made or suggested by the Council; and

          (iii)    for the bill to be passed.

(1)    If, at the interruption, the House is considering a non-specified item of business or bill, and there are specified bills or items of business to be concluded, the House will immediately consider the specified items of business or bills following the procedure under SO 100.

(2)    Any business under discussion and not completed at the time of the interruption will be resumed immediately after all specified items of business and bills have been dealt with. Any member speaking at the time of the interruption may then continue his or her speech.

(1)    The Chair will direct the Clerk to call on each relevant order of the day in turn.

(2)    In the case of any remaining specified items of business, the Chair will put a combined question (if required) in order to conclude the proceedings.

(3)    In relation to any remaining specified bills:

     (a)    the consideration in detail, or any remaining consideration in detail stages are dispensed with; and

     (b)    for all bills the Chair will, subject to SO 101, combine any remaining questions necessary:

          (i)    to dispose of any amendments, new clauses and new schedules required by the government which have been circulated under SO 96 — no other amendments, new clauses or new schedules will be proposed;

          (ii)    to dispose of amendments made or suggested by the Council;

          (iii)    for the bill to be passed.

The Chair will not put combined questions under SO 98 or SO 100 in the following circumstances:

(1)    Where the third reading of a bill must be passed with an absolute or special majority of the whole number of the members of the Assembly, the question for the third reading must be put separately.

(2)    Where amendments made or suggested by the Council are being considered, the Chair will put separate questions for each amendment — provided that if no member objects by having given advance notice to the Chair, any, or all, of the questions may be combined, except where the amendments must be passed with an absolute or special majority of the whole number of the members of the Assembly.

(1)    The Chair will not accept any points of order once the completion time has arrived until all the required questions under SO 98 and SO 100 have been dealt with.

(2)    SO 155 relating to closure of debate (except for the use of the closure on dilatory motions) or guillotine shall not apply to any proceedings in respect of a specified item of business or bill.

(1)    A member wishing to speak stands in his or her place and addresses the Speaker. If more than one member rises, the Speaker calls the one who stood up first, recognising that, once each party has put its view, the call will normally alternate between speakers on each side of the House.

(2)    A member who is sick or disabled may speak while seated in his or her place.

A member may:

(1)    Speak to any question before the House, including a proposed amendment.

(2)    Propose his or her own motion or amendment.

(3)    Raise a point of order or speak to a point of order that has arisen.

(4)    Speak on a matter of privilege that has suddenly arisen.

When debate on a question is concluded, the Chair must put the question. If the question is not heard, the Chair must put it again. A member must not speak to a question after the Chair has put that question and it has been carried or defeated.

(1)    A member may move without notice that a member who is speaking be ‘no longer heard’.

(2)    The Chair must put that question immediately, but only if the Chair is satisfied that:

     (a)    the member speaking has already had ample opportunity to state his or her views on the matter; and

     (b)    the member is using his or her right to speak in a way that is an abuse of the rules or conventions of the House, or to obstruct business; and

     (c)    the motion, if carried, would not take away the rights of the minority.

(3)    The question must be decided without amendment or debate.

(4)    No other motion can be moved or point of order taken until this question has been decided.

A member must not refer to any matter pending in the Council, except when making a personal explanation under SO 123.

A member must refer to other members by their title of office or by the name of their electorate.

A member must not depart from the subject matter of the question or issue under discussion.

(1)    The Chair may warn a member speaking in the House for continued irrelevance or tedious repetition.

(2)    After a warning, a member may move ‘That the Chair direct the member to discontinue his or her speech’. That question is to be put at once without amendment or debate.

The member moving the adjournment of the debate on any question is entitled to speak again on the subject of the main question, unless he or she has discussed it in moving the adjournment.

A member may not speak more than once to any question except:

(1)    In giving an explanation under SO 61; or

(2)    In reply; or

(3)    To speak in the consideration in detail stage.

In all cases the reply of the mover of the original question closes the debate except during the consideration in detail stage, or consideration of amendments to a bill made or suggested by the Council.

A member may only interrupt another member while speaking to:

(1)    Call attention to a point of order or privilege suddenly arising; or

(2)    Call attention to the lack of a quorum; or

(3)    Call attention to the presence of strangers; or

(4)    Move a closure motion; or

(5)    Move that a member ‘be no longer heard’; or

(6)    Move ‘That the business of the day be called on’; or

(7)    Move ‘That the Chair direct the member to discontinue his or her speech’.

Order will be maintained in the House by the Speaker.

When the Speaker stands members must sit down and be silent.

A member must defer to the Chair when passing in front of the table. A member must not remain standing in any of the passages or gangways.

Imputations of improper motives and personal reflections on the Sovereign, the Governor, a judicial officer or members of the Assembly or the Council are disorderly other than by substantive motion.

A member must not use offensive or unbecoming words in relation to another member.

If a member objects to words used in debate:

(1)    The objection must be taken immediately.

(2)    If the words relate to a member of the House and that member finds them personally offensive, the Chair will order the words to be withdrawn and may require an apology.

(3)    If the Chair considers that any other words used are objectionable or unparliamentary, the Chair may order the words to be withdrawn and may require an apology.

(4)    A withdrawal, and an apology, must be made without explanation or qualification.

A member must not pass between the Chair and:

(1)    A member who is speaking; or

(2)    The table; or

(3)    The mace while it is being carried by the Serjeant-at-Arms.

It is inappropriate for a member to read a newspaper or similar large documents in his or her place other than when addressing the Chair.

A member may make a personal explanation with the consent of the Chair when there is no question before the House. A personal explanation cannot be debated.

Where the Speaker or Deputy Speaker considers the conduct of a member to be disorderly:

(1)    The Speaker or Deputy Speaker may order the member to withdraw from the House for up to one and a half hours. That order is not open to debate or dissent.

(2)    The member, whilst suspended, may still return to the Chamber to vote in a division.

(3)    If a member is ordered to withdraw under paragraph (1) and the House adjourns before the end of the suspension period, the member, subject to paragraph (2), will not return to the Chamber on the next sitting day until the remaining time has expired. Time is calculated from the end of the ringing of the bells.

A member may be named by the Speaker or the Deputy Speaker for:

(1)    Persistently and wilfully obstructing the business of the House; or

(2)    Being guilty of disorderly conduct; or

(3)    Using offensive words, and refusing to withdraw or apologise; or

(4)    Persistently and wilfully refusing to conform to any standing order, rule or practice of the House; or

(5)    Persistently and wilfully disregarding the authority of the Chair; or

(6)    Refusing to immediately follow an order to withdraw under SO 124.

(1)    After naming a member, the Deputy Speaker must immediately interrupt proceedings and advise the Speaker of the naming.

(2)    Following the naming of a member and a motion being moved ‘That the member be suspended from the service of the House during the remainder of that day’s sitting (or for such period as the House may think fit)’, the Speaker must put the question immediately without amendment, adjournment or debate.

(1)    A member suspended under SO 126 must immediately withdraw from the House and must not re-enter the Chamber during the period of the suspension.

(2)    This Standing Order does not deprive the House of any other powers it may have to proceed against a member.

In all matters of contempt or misconduct, the Serjeant-at-Arms will act on the direction of the Speaker.

In the case of grave disorder, the Speaker may adjourn the House without putting a question, or suspend any sitting for a time to be determined by the Speaker.

Any person who disobeys an order of the House, or any person other than a member who wilfully interrupts the sitting of the House, may be declared guilty of contempt.

A member may speak for the specified period in the following debates:

Subject to any agreement to the contrary, the additional time provided for the lead speaker of any other party does not apply where such a party has advised the Speaker that it is in a coalition arrangement with another party.

⁶ For example, motions such as ‘That the debate be now adjourned’ and ‘That the question be now put’.

A reply of a maximum of 15 minutes will be allowed to a member who has moved a substantive motion or the second or third reading of a bill, and the reply will be confined to matters raised during the debate.

(1)    A minister may move that a bill be treated as urgent:

     (a)    on the reading of a message from the Governor recommending an appropriation in connection with the bill;

     (b)    at any stage of the bill.

(2)    If 20 members rise in their places to indicate their support, the question ‘That the bill be considered an urgent bill’ is put at once without amendment or debate. If the motion is passed, a minister may at any time (but without interrupting a member who is speaking) move another motion specifying the time which is to be allotted for one or more of the following:

     (a)    the stages of the bill (including anything preliminary to its introduction) before the second reading;

     (b)    the second reading;

     (c)    the consideration in detail stage, or any parts of it;

     (d)    the remaining stages.

(3)    The time allotted for the consideration in detail stage may be further subdivided so that particular clauses or parts of the bill have a specific time set aside for them.

A minister may move that a motion that is being considered be treated as urgent. If 20 members rise in their places to indicate their support, the question is put at once, without amendment or debate. If the motion is passed, a minister may move another motion specifying the time which is to be allotted to the motion.

Debate on a motion specifying the time to be allotted for an urgent bill or motion will last for a maximum of 30 minutes, or until six members have spoken, whichever is the shorter. Subject to the overall time period a member may speak in the debate for five minutes. At the end of the total period allowed, the Chair must interrupt the debate and put the question.

The times allotted by the House for urgent bills or motions override anything to the contrary in any standing or sessional order and are exclusive of any adjournment or suspension of a sitting.

(1)    When the time allotted under any of the motions passed under SOs 133 to 135 has expired:

     (a)    the Chair will immediately put the question on any amendment and/or motion already proposed;

     (b)    in the case of a bill at the consideration in detail stage or at any of its remaining stages, the Chair then puts any clauses, schedules, amendments to clauses and schedules, new clauses and new schedules required by the government, followed by any motions necessary to complete the business before the House. No other amendments, new clauses or new schedules will be proposed.

(2)    The government must circulate to members copies of its proposed amendments, new clauses and new schedules at least two hours before the time set aside has passed.

When the time fixed to start consideration of an urgent bill or motion is reached, the Speaker will interrupt the business before the House. Any business under discussion will be resumed immediately after proceedings on the urgent bill or motion has ended. Any member speaking at the time of the interruption may, when debate resumes, continue his or her speech.

(1)    Consideration of a matter for which time has been allotted may not be interrupted by a motion except that a minister may move any of the following:

     (a)    a dilatory motion;

     (b)    a motion to extend the scope of the bill;

     (c)    a motion to postpone a clause;

     (d)    a motion to reconsider the bill (in whole or in part) in detail.

(2)    A closure motion cannot be moved.

(3)    The question on a minister’s motion must be put immediately and without amendment or debate.

(1)    A member may only move a motion to discuss a subject if he or she has given notice of that motion at a previous sitting of the House. A notice of motion must be given before the House proceeds to the business of the day as set out in the notice paper. The member must:

     (a)    read the notice of motion aloud; and

     (b)    deliver its terms in writing to the Clerk.

(2)    A notice of motion is printed in the notice paper. However, if any notice contains unbecoming expressions the Speaker may direct that the notice be removed or amended.

(3)    The member may alter the notice by giving the Clerk an amended notice at least one day before the day proposed for dealing with the motion.

A member may not give two notices of motion consecutively, unless no other member seeks to give any.

A member may give notice for another member not present by putting the absent member’s name on the notice of motion delivered in writing to the Clerk.

A member may transfer control of a notice of motion to another member by advising the Speaker in writing at least one day before the day for proceeding with the motion.

If a notice of motion has remained on the notice paper for 30 sitting days without being moved, the Speaker will announce it will be removed from the notice paper on the next sitting day. A member may require the notice given by him or her to be continued by written notification to the Clerk prior to it being removed.

A member may seek leave to table a document without giving previous notice.

Subject to SO 34 notices of motion take precedence over orders of the day.

An order of the day is a bill or other matter which the House has ordered to be taken into consideration on a particular day.

(1)    When notices of motion have been disposed of, the Speaker directs the Clerk to read the orders of the day without any question being put. Orders of the day are dealt with in the order in which they appear on the notice paper. However, on days on which government business has precedence, ministers may put government orders at the head of the list in whatever order they wish.

(2)    An order of the day may be discharged by resolution of the House.

Where a date has not been set for further consideration of a motion or an order of the day, it is listed on the next day’s notice paper after all other notices of motion and orders of the day.

Motions have precedence according to the order in which their notices of motion were given. An urgent motion directly concerning the privileges of the House has precedence over all other motions and orders of the day.

(1)    A motion to disallow any subordinate legislation which has been adversely reported on by the Scrutiny of Acts and Regulations Committee takes precedence immediately before statements by members on the last sitting Wednesday before the twelfth sitting day after the notice of motion has been given, unless it has been resolved previously.

(2)    Debate on the motion will last for a maximum of 30 minutes, or until six members have spoken, whichever is the shorter. Subject to the overall time period a member may speak in the debate for five minutes. At the end of the total period allowed, the Chair must interrupt the debate and put the question.

(1)    After a member has given notice of a motion to disallow in whole or in part a pandemic order or instrument in accordance with s 165AU of the Public Health and Wellbeing Act 2008, a minister must move a motion to hold a joint sitting to consider the disallowance motion.¹ The minister must move the motion by the end of the next sitting day after notice of the disallowance motion is given.

(2)    A motion to hold a joint sitting can be moved without notice or leave at any break in business.

(3)    Debate on a motion to hold a joint sitting will last for a maximum of 30 minutes or until six members have spoken, whichever is the shorter.

¹ Under s 165AU of the Public Health and Wellbeing Act 2008, a joint sitting must be held within three months of a member giving notice of a disallowance motion. 

The following rules relate to motions:

(1)    A motion must not be moved if it is substantially the same as one that has been resolved in the same session.

(2)    No motion, except for those moved under SO 5(4) and SO 8 needs to be seconded.

(3)    A motion may be withdrawn by its mover but only with the leave of the House. A motion withdrawn by leave may be moved again in the same session.

(4)    If a member, other than a minister, is not in the House when his or her notice of motion is called on, it lapses unless another member, at the absent member’s request, fixes another time for moving the motion.

When a motion has been moved and, if required, seconded, the Speaker must propose a question on the motion to the House. The House may order a complicated question to be split.

If either of the motions:

(1)    ‘That the debate be adjourned’; or

(2)    ‘That the question be now put’ —

is defeated, the same motion cannot be moved again within 15 minutes.

(1)    A member may move a closure motion ‘That the question be now put’ without notice:

     (a)    at any time during debate on a question in the House; and

     (b)    whether or not a member is addressing the Chair.

(2)    The Chair must put the question immediately without amendment or debate unless he or she believes that:

     (a)    it is an abuse of the rules of the House; or

     (b)    it is a denial of the rights of the minority; or

     (c)    it has been moved to obstruct business.

(3)    No other motion or point of order may be put or raised until that motion has been disposed of.

(4)    When a closure motion has been carried and the original question resolved, further closure motions may be moved at once, and in the same way, to decide any other questions already proposed by the Chair.

(5)    The closure motion can only be accepted by the Speaker or Deputy Speaker.

A resolution or other vote of the House may be read and rescinded.

(1)    A member may amend a question that has been proposed:

     (a)    by omitting certain words; or

     (b)    by omitting certain words in order to insert or add others; or

     (c)    by inserting or adding words.

(2)    An amendment must be relevant to the question it is proposed to amend.

(3)    A member must deliver the terms of an amendment in writing to the Clerk.

(4)    Debate on an amendment must be strictly confined to the terms of that amendment.

(5)    A proposed amendment may be withdrawn with the leave of the House.

(6)    An amendment may be moved to a proposed amendment as if the proposed amendment were the original question.

(7)    A member must not move an amendment to a part of a question if a later part of that question has been amended or has been proposed to be amended, unless that proposed amendment has been withdrawn.

(8)    A member must not move an amendment to any words that the House has resolved should:

     (a)    stand part of the question; or

     (b)    be inserted or added to a question —

except to add other words.

If the proposed amendment is to insert or add words, the Chair must put the question ‘That such words be inserted or added’. If the proposed amendment is to leave out words, the Chair must put the question ‘That the words proposed to be omitted stand part of the question’.

If the proposed amendment is to leave out certain words in order to insert or add other words, the following procedure is observed:

(1)    The Chair must first put the question ‘That the words proposed to be omitted stand part of the question’. If that question is resolved in the affirmative, the amendment is disposed of.

(2)    If the question is defeated, the Chair must then put the question ‘That the words proposed in the amendment be inserted’.

If a proposed amendment involves an issue between a greater and lesser sum, or a longer or shorter time, the least sum and longest time must be put to the question first.

(1)    When amendments have been made, the main question must be put as amended. When amendments have been moved but not made, the main question must be put as originally proposed.

(2)    If no member objects, the Chair may put the question ‘That the amendment be agreed to’ instead of the question or questions in SO 158 and SO 159.

A question that is put by the Chair in the House must be resolved on the majority of voices ‘aye’ or ‘no’. The Chair must state whether the ayes or the noes have it and, if a member challenges the Chair’s opinion, the question must be decided by a division.

(1)    Where a division is requested, a party vote is held unless the subject of the vote is to be treated as a conscience issue.

(2)    Where the Speaker has received prior advice from a party whip of a conscience vote, the Speaker will permit a personal vote to be held instead of a party vote.

(1)    When a division is requested, the Clerk will ring the bells for four minutes as indicated by the timer.

(2)    When the bells have stopped ringing, the Chair calls for the doors to be locked. After that a member must not leave the Chamber until after the division has been completed.

(3)    When successive divisions are taken without any intervening debate, the Chair may direct that the bells be rung for one minute.

(1)    After the doors are locked the Chair restates the question.

(2)    To cast their votes, members must sit in their allocated places in the Chamber. By doing so, members of parties are deemed to be voting to support the response of their party members given at the time the Chair originally put the question, unless they inform their whip, or representative, that they intend casting a contrary vote under paragraph (6).

(3)    First the Clerk asks any independent member to cast his or her vote.

(4)    The Clerk next asks the whip of each party, or their representative, to report the party’s votes; parties are asked to report in the order of the size of their parliamentary membership.

(5)    Each whip reports the number of ayes or noes. The report must only relate to votes cast by members present in the Chamber and every member present must vote.

(6)    After the votes have been reported by the parties, any member who is voting contrary to his or her party will cast a vote.

(7)    Where it becomes obvious that one member only is voting for either the ayes or the noes, the Chair must immediately declare the resolution of the House. The member who called for the division may ask for his or her dissent to be recorded in the Votes and Proceedings. The Chair then directs the Clerk to record that dissent.

(8)    The whip of each party, or their representative, may before the result of the vote is announced by the Chair, challenge the report of votes given by another party. Where the report is challenged the Chair may direct that the matter be resolved by a personal vote.

(9)    The Chair announces the result to the House.

(10)    The whip of each party, or their representative, will immediately advise the Clerk of the names of those members of their party that were not present for the vote.

(11)    The Clerk will record the result of the vote and the names of those members voting aye and no and publish those details in the Votes and Proceedings.

(1)    After the doors are locked the Chair restates the question and directs the ayes to the right side of the Chamber and the noes to the left side of the Chamber. The Chair appoints two or more tellers for each side.

(2)    Votes may only be cast by members present in the Chamber and every member present must vote.

(3)    If two tellers cannot be found for one side of the question, the Chair must immediately declare the resolution of the House. The member who called for the division may ask for his or her dissent to be recorded in the Votes and Proceedings. The Chair then directs the Clerk to record that dissent.

(4)    The tellers count the votes and record the members’ names. On receiving a report from the tellers, the Chair announces the result to the House.

(5)    The names of the members who have voted are recorded in the Votes and Proceedings.

If the numbers are equal, the Speaker has a casting vote. The Speaker may give reasons for the casting vote and those reasons are entered in the Votes and Proceedings.

If a point of order is taken while a division is taking place, a member may only speak to it with the Chair’s permission.

(1)    If there is confusion about the result, or an error in the numbers, and it cannot be corrected, the Chair must call for another division.

(2)    If the numbers reported and announced prove to be wrong, the Chair will direct the Clerk to correct the Votes and Proceedings.

A member must not vote in the House or a select committee on any question in which he or she has a direct pecuniary interest. If a member does so, his or her vote is to be disallowed.

(1)    Documents and records in any form may be ordered to be produced to the House and the Clerk will communicate the order accordingly.

(2)    When such documents and records are received they will be tabled by the Clerk.

When the royal prerogative is concerned in any document required by the House, an address will be presented to the Governor requesting that the document is tabled in the House.

Other documents may be presented under any Act of Parliament or by command of the Governor.

When a member presents a document, he or she must bring it up from the Bar when directed by the Speaker and give it to the Clerk.

A document that is to be tabled in the House under any Act of Parliament, or by order of the House, must be delivered to the Clerk. The Clerk will table the document and will read a list of such documents.

The House may give leave for a member to table a document which is not being presented under the authority of an Act. On presentation such a document is deemed to be tabled without a question being put.

The House may order a document to be published.

The Clerk will table copies of proclamations of the Governor in Council fixing dates for the coming into operation of Acts, as published in the Government Gazette.

When the House agrees to an address proposed by the Council, a message of confirmation will be sent to the Council, without a question being put.

(1)    The address-in-reply, as adopted, will be presented to the Governor by the Speaker, accompanied by the mover and seconder and any other members who wish to attend.

(2)    Any other address to the Governor will be presented by the Speaker, or by the Clerk on the Speaker’s behalf, unless otherwise ordered by the House.

An address to the Sovereign or to members of the Royal Family will be forwarded to the Governor for presentation.

A written message from the Governor will be forwarded to the Speaker. It will be announced in the House by the Chair, but not during a debate, or so as to interrupt a member speaking.

The Governor’s answer to an address will be reported to the House by the Speaker.

Only the Speaker may admit a stranger onto the floor of the Chamber. While the House is sitting, a member must not bring a stranger into any part of the House that is set aside for members.

During any sitting, the Chair may order strangers to withdraw from any part of the House. In addition, a member may move ‘That strangers be ordered to withdraw’. Such a motion must be put immediately without amendment or debate.

The Serjeant-at-Arms may take into custody a stranger who:

(1)    Is, without the Speaker’s authority, in any part of the Chamber reserved for the members of the House;

(2)    Having been admitted to any part of the Chamber or gallery, misbehaves or does not withdraw when strangers are directed to withdraw;

(3)    Wilfully interrupts the business of the House;

(4)    Obstructs the approaches to the Chamber; or

(5)    Creates a disturbance within the precincts of the Chamber.

No person who has been either arrested or committed on order of the House can be discharged without the express direction of the House or on direction of the Speaker, who must report that matter to the House.

The House may order a member to take his or her place in the House in order to be examined.

(1)    If resolved by an Assembly committee, the Chair will write to a member requesting the member to attend as a witness.

(2)    If the member refuses to attend, the committee will not take any further action except to report the matter to the House.

If the House or a select committee of the House (except one on a private bill) wishes to examine a member or officer of the Council, it must send a message to the Council asking leave for that member or officer to be examined on the matters stated in the message.

The House may summon a witness to be examined at the Bar of the House. The order of the House must be signed by the Clerk.

If a witness is in prison, the House may order that the Speaker issues a warrant to the keeper of the prison to bring the witness in safe custody to be examined.

An Assembly committee may summon witnesses by an order signed by the Chair. If a witness does not obey an order, that fact must be reported to the House, which may then order him or her to come before the House. However, that order may be discharged if the witness attends the committee before the time set for attending the House.

If a witness fails or refuses to attend or give evidence pursuant to an order of the House or an Assembly committee, the House may censure the witness or declare him or her guilty of contempt.

SO 194 deleted 27/11/2019

(1)    A witness before the House must be examined by:

     (a)    the Speaker; or

     (b)    a member who puts a question through the Speaker.

(2)    If the witness objects to a question or some other matter arises, the witness may be required to withdraw by the Speaker while the matter is discussed. Only the Speaker may examine a witness in custody.

A witness examined before the House or a select committee is entitled to the protection of the House in respect of anything he or she may say in evidence.

No person employed or contracted to assist the House or a select committee will give evidence in respect of any proceedings of the House or a committee without leave of the House.

If the Council or one of its select committees wishes to examine a member or officer of the House, the House may:

(1)    Give leave for the member to attend if the member thinks fit.

(2)    Order an officer to attend.

If a committee receives information regarding improper conduct of a member of the House, the committee will report the matter to the House and not proceed any further on the issue.

(1)    A person is guilty of a serious offence if he or she has:

     (a)    by fraud, intimidation, force or threat of any kind, by the offer or promise of any inducement or benefit of any kind, or by other improper means, influenced another person in respect of any evidence given or to be given before the House or a select committee; or

     (b)    been directly or indirectly endeavouring to deter or hinder any person from appearing or giving evidence; or

     (c)    given any evidence which they know to be false or misleading in any case before the House or any committee.

(2)    The House will punish such offence most severely and may declare an offender to be guilty of contempt.

The House may appoint a select committee to consider a specified matter.

(1)    At the commencement of each session, the following Standing Committees will be appointed:

     (a)    Economy and Infrastructure Standing Committee;

     (b)    Environment and Planning Standing Committee; and

     (c)    Legal and Social Issues Standing Committee.

(2)    A Standing Committee holds office and may exercise all the powers conferred on it by these Standing Orders, any Act or otherwise by Parliament for the session during which its members are appointed and until the expiration, dissolution or other lawful determination of the Assembly.

(1)    The Economy and Infrastructure Standing Committee will inquire into and report on any proposal, matter or thing connected with the Department of Education and Training; the Department of Jobs, Precincts and Regions; the Department of Transport; and the Department of Treasury and Finance and related agencies.

(2)    The Environment and Planning Standing Committee will inquire into and report on any proposal, matter or thing connected with the Department of Environment, Land, Water and Planning and related agencies.

(3)    The Legal and Social Issues Standing Committee will inquire into and report on any proposal, matter or thing connected with the Department of Health and Human Services; the Department of Justice and Community Safety; and the Department of Premier and Cabinet and related agencies.

(4)    If under the Public Administration Act 2004 the name of a Department is changed, a reference in this Standing Order to a particular Department is, from the date when the name is changed and so far as it relates to any period on or after that date, taken to be a reference to the Department by its new name.

(1)    A Standing Committee must inquire into, consider and report to the House on any proposal, matter or thing that is relevant to its functions and has been referred to the committee by resolution of the House.

(2)    A resolution of the House may specify a period of time within which the Standing Committee must make a final report to the House on the proposal, matter or thing.

(3)    A Standing Committee may inquire into, consider and report to the House on any annual report or other document relevant to the functions of the committee that is tabled in the House.

(4)    In carrying out its functions, a Standing Committee must comply with any limitation of time specified in subclause (2).

(1)    A committee will normally consist of not less than five, and not more than 12, members unless otherwise ordered by the House.

(2)    A list of members serving on committees must be published in the notice paper.

(3)    The Speaker or the Deputy Speaker cannot be compelled to be appointed to a committee.

(1)    The notice of motion for the appointment of a select committee may name the members proposed for the committee. If it does not, the members of the committee must be selected by ballot.

(2)    A member intending to move for the appointment of a select committee must obtain in advance the consent of each proposed nominee to serve on such a committee.

When members are to be selected under SO 206(1) by ballot:

(1)    The bells will be rung as for a division.

(2)    Each member present is issued with a list of all members that has been initialled by the Clerk.

(3)    No nomination is required.

(4)    A member votes by placing a cross against the names of the number of members as ordered by the House; if any list contains a larger or smaller number of votes than is required, it is void and rejected.

(5)    The Speaker will nominate scrutineers who, with the Clerk, will count the votes.

(6)    The members who receive the most votes will be declared by the Speaker to be elected.

(7)    If two or more members have an equality of votes for the last place or places on the committee, a second ballot will be held to determine that place or those places.

(8) Only those members who achieved an equality of votes for that place or those places will continue as candidates in the second ballot.

(9) If, after a second ballot, two or more members still have an equality of votes, the Speaker determines by lot which member or members are chosen.

A member ceases to be a member of a committee if:

(1)    The member’s seat becomes vacant;

(2)    The member resigns by writing delivered to the Speaker; or

(3)    The member is discharged by the House.

(1)    Committees may meet at any time, except that when the House is actually sitting:

     (a)    the Privileges and Standing Orders Committees may only meet within the parliamentary precincts; and

     (b)    any other committee may not meet unless specifically authorised to do so by the House.

(2)    Subject to paragraph (1), a committee may adjourn from time to time and from place to place.

(3)    A committee may use an audio link or audio visual link to allow a member to participate in a meeting of the committee provided the committee is satisfied that the quality of the audio link or audio visual link will enable members who are physically present at the meeting to verify the identity of that member. A member attending by audio link or audio visual link may be counted for the purposes of a quorum and may vote.

(1)    At the first meeting of a committee, the Chair must be elected before any other business is discussed.

(2)    A committee may elect a Deputy Chair and, in the absence of the Chair, any powers and duties of the Chair may be exercised by the Deputy Chair.

If the Chair and Deputy Chair are absent from any meeting the members present may appoint any one of their number to be Chair for that meeting.

(1)    Unless otherwise provided in these Standing Orders, a question arising at a committee meeting must be determined by a majority of votes of members present and voting on that question.

(2)    Each member of a Standing Committee has a deliberative vote. In the event of an equality of votes on any question, the Chair of a Standing Committee has a casting vote in addition to a deliberative vote.

(3)    Unless otherwise provided, the Chair of a select committee will only have a casting vote.

(1)    The quorum of a committee is a majority of the members appointed to it.

(2)    If a quorum is not present within 30 minutes of the time set for a meeting of a committee, the meeting will lapse and the next meeting will be called by the Chair.

(3)    If, during a committee meeting, attention is drawn to the absence of a quorum by a member or officer of the committee, the Chair may suspend the committee until a quorum is present or adjourn the committee to some future time.

(1)    A committee may send for persons, documents and other things.

(2)    A committee may take evidence in a:

     (a)    Public hearing — unless the House or the committee determines otherwise, a committee must take all evidence in public and may publish the evidence immediately.

     (b)    Private (in camera) hearing — if the committee resolves that special circumstances make it desirable to do so, part or whole of a hearing may be held in private. The committee may not publish private evidence.

     (c)    Closed hearing — a committee may take evidence in a hearing closed to the public but later publish the evidence, provided that the committee has resolved to do so and has informed the person giving the evidence that it is received by the committee on the basis that it will be made public.

(3)    A committee may take evidence in any manner that the committee considers appropriate including by means of audio link, audio visual link or any other electronic means.

(4)    A committee must determine what weight or value to give to evidence received by different means in accordance with subsection (3).

(5)    Without limiting or affecting the generality of s 19A of the Constitution Act 1975, evidence given before a committee must, if the committee so requires, be given on oath or affirmation.

(6)    An oath to be sworn or affirmation to be made by a witness who is to give evidence by audio link or audio visual link may be administered either—

     (a)    by means of the audio link or audio visual link, in as nearly as practicable the same way as if the witness were to give evidence at the place at which the committee is sitting; or

     (b)    at the direction of, and on behalf of, the committee at the place where the witness is located by a person authorised by the committee.

(7)    A committee may empower a specified member or members of the committee to send for persons, documents and other things and to take evidence with respect to any proposal, matter or thing which is referred to the committee for consideration and report if the committee unanimously agrees so to empower the member or members.

(8)    When sending for persons, documents and other things or when taking evidence under subsection (7), a member of a committee has all the privileges, immunities and powers of the committee.

(9)    Any person may make a written submission to a Standing Committee with respect to any proposal, matter or thing being inquired into or being considered by the Committee.

(1)    A committee may appoint a subcommittee of three or more of its members to inquire into and report to the committee upon any matter which the committee is empowered to examine, but may not take evidence unless the committee so decides in relation to each proposed witness.

(2)    The quorum of a subcommittee is a majority of the members appointed to it.

(3)    The standing orders apply to a subcommittee in the like manner as they apply to a committee.

(4)    A subcommittee will report to the committee as soon as practicable on each matter referred to that subcommittee.

Committee deliberations will always be conducted in private except that, where special circumstances make it desirable to do so, a committee may resolve to allow other persons to attend.

(1)    The committee may authorise the publication of any documents, papers and submissions presented to it.

(2)    Evidence not taken in public and any documents, papers and submissions received by the committee which have not been authorised for publication will not be disclosed unless they have been reported to the House.

Where a committee lapses or ceases to have legal existence before it can report to the House, the evidence can be considered by any other committee appointed in the same or next Parliament inquiring into the same subject matter.

Unless otherwise determined by the committee, a transcript will be taken of all formal evidence.

The minutes of proceedings of a committee must record each of the following:

(1)    The names of the members who attended each meeting.

(2)    Every motion or amendment proposed and the name of its mover.

(3)    The divisions and the names of the members voting for each side on a question.

(4)    Any division, including the names of the members voting for each side, on a question relating to the adoption of the draft report must be included in the committee’s report to the House.

The Chair of a committee will prepare the draft report for consideration by the committee.

(1)    The draft report will be printed and circulated to members of the committee.

(2)    The report will be considered paragraph by paragraph, or groups of paragraphs, and a question put ‘That the paragraph [or paragraphs], or the paragraph or paragraphs (as amended), stand part of the report’.

(3)    A member may move amendments to a paragraph at the time it is under consideration.

(4)    After all paragraphs and appendices (if any) have been considered, the question will be put ‘That the draft report (as amended) be the report of the committee’.

When requested to do so by one or more members of a committee, the committee will include a minority report with its report to the House.

(1)    After a report of a committee is adopted by the committee, the Chair must —

     (a)    cause the report to be tabled in the House within 10 sitting days; or

     (b)    if the House is not sitting within 21 days of the adoption of the report and the committee unanimously so resolves, give the report to the Clerk.

(2)    If a report is received by the Clerk under subsection (1)(b), the Clerk must—

     (a)    as soon as practicable after the report is received, notify each member of the House of the receipt of the report and advise that the report is available upon request; and

     (b)    give a copy of the report to any member of the House upon request to the Clerk; and

     (c)    cause the report to be tabled in the House on the next sitting day of the House.

(3)    A report that is given to the Clerk under subsection (1)(b) is taken to have been published by authority of the Assembly.

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

(1)    The member who presents a report to the House of the Standing Orders Committee may immediately move that it be set down on the notice paper as an order of the day for the next sitting.

(2)    If the House does not consider the report within 12 sitting days of tabling, the order of the day becomes the first government business order of the day for the next sitting day.

(1)    A committee may commission a person to investigate and report to the committee on any aspect of a proposal, matter or thing being inquired into or being considered by the committee.

(2)    With the consent of the Premier, a committee may make use of the services of an employee within the meaning of the Public Administration Act 2004 for the purpose of investigating and reporting to the committee on any aspect of a proposal, matter or thing being inquired into or being considered by the committee.

(1)    If a committee’s report to the Parliament recommends that the Government take a particular action with respect to a matter, within six months of the report being tabled, the appropriate responsible minister must table a response to the committee's recommendations.

(2)    If a response is received by the Clerk on a day on which the House is not sitting, the Clerk must —

     (a)    as soon as practicable after the response is received, notify each member of the House of the receipt of the report and advise that the report is available upon request; and

     (b)    give a copy of the response to any member of the House upon request to the Clerk; and

     (c)    cause the response to be tabled in the House on the next sitting day of the House.

(3)    A response received by the Clerk under subsection (2) is taken to have been published by authority of the Assembly.

(1)    Where a person (the applicant) has been referred to in the House by name, or in such a way as to be readily identified, he or she can send a written submission (the submission) to the Speaker asking for an appropriate response to be incorporated into the parliamentary record.

(2)    The submission must include a claim that, as a result of the reference:

     (a)    the applicant has been adversely affected:

          (i)    in reputation; or

          (ii)    in relation to dealings or associations with others; or

     (b)    the applicant has been injured in connection with his or her occupation, trade, office or financial credit; or

     (c)    the applicant’s privacy has been unreasonably invaded.

(3)    The Speaker will refer the submission to the Privileges Committee (the Committee) if the Speaker is satisfied that:

     (a)    the subject of the submission is not so obviously trivial, or the submission so frivolous, vexatious or offensive in character, as to make it inappropriate that it be considered by the Committee; and

     (b)    that it is practicable for the Committee to consider the submission under this Standing Order.

(4)    When a submission is referred, the secretary of the Committee will contact the applicant to draw his or her attention to theCommittee’s guidelines for preparing a brief draft statement in a correct form for incorporation.

(5)    The Committee may decide not to consider a submission referred to it if:

     (a)    it considers that the subject of the submission is not sufficiently serious; or

     (b)    it considers that the submission is frivolous, vexatious or offensive in character; or

     (c)    the submission was received more than six months after the relevant comments were made in the House and the applicant has not shown exceptional circumstances to explain the delay —

and will report any such decision to the House.

(6)    If the Committee decides to consider a submission, it may hold discussions with the applicant and any member who referred to the applicant in the House.

(7)    The Committee will meet privately when considering a submission.

(8)    The Committee will not publicly release a submission, or its proceedings in relation to a submission, but may present to the House minutes of its proceedings and all or part of a submission.

(9)    In considering a submission and reporting to the House, the Committee will not consider or judge the truth of:

     (a)    any statements made in the House; or

     (b)    the submission.

(10)    In its report to the House, the Committee may make either of the following recommendations:

     (a)    that no further action should be taken by the House in relation to the submission; or

     (b)    that a response by the applicant, set out in the report and agreed to by the applicant and the Committee, should be published by the House or incorporated in Hansard.

(11)    The Committee will not make any other recommendations.

(12)    A document presented to the House under paragraphs (8) or (10):

     (a)    in the case of a response by an applicant, will be succinct and strictly relevant to the questions in issue and will not contain anything offensive in character; and

     (b)    will not contain any matter, the publication of which would have the effect of unreasonably:

          (i)    adversely affecting or injuring a person; or

          (ii)    invading a person’s privacy, in the manner referred to in paragraph (2); or

          (iii)    adding to or aggravating any such adverse effect, injury or invasion of privacy.

(13)    The Committee may agree to guidelines and procedures relating to its consideration of submissions, providing they are consistent with this Standing Order.

(1)    The Clerk will record all votes and proceedings of the House.

(2)    The Votes and Proceedings:

     (a)    will be printed by the Government Printer, with the record of the consideration in detail of bills being printed as a supplement to the weekly Votes and Proceedings;

     (b)    will list all divisions;

     (c)    as signed by the Speaker and the Clerk will then be the official record of the House.

The Speaker may authorise reproduction and/or publication for educational or historical purposes, subject to any conditions the Speaker sets, of documents tabled in the House more than 30 years earlier and not ordered to be printed as parliamentary papers.⁷

⁷    The Speaker also has authority to authorise reproduction of parliamentary papers (which are published by order of the House).

The Speaker administers the printing and distribution of documents.

(1)    Committee records may be transferred by the Clerk to the Public Record Office, subject to the condition that they remain the property of the House.

(2)    The Speaker, subject to paragraph (3), may permit any person to examine and copy such documents or evidence.

(3)    If the documents or evidence were accepted by the committee on a confidential or restricted basis, disclosure will not take place unless the documents or evidence have been in the custody of the House for at least 30 years and, in the opinion of the Speaker, disclosure is appropriate.

(4)    A statement of any documents or evidence disclosed under paragraph (3) must be included in the annual report of the Department of the Legislative Assembly.

(1)    In this standing order:

     broadcast includes:

     (a)    transmission to the public by radio, television, landline, the internet or any other electronic means; and

     (b)    rebroadcast;

     Chamber means the Legislative Assembly Chamber;

     rebroadcast means to broadcast from a recording;

     record means to make a sound or visual recording of proceedings of the House.

(2)    A media organisation or individual may, subject to paragraph (3), broadcast, or record for broadcast, proceedings of the House, except anything occurring in the Chamber prior to the time fixed for the meeting of the House or after the adjournment of the House.

(3)    Permission under paragraph (2) is subject to observance of the following conditions:

     (a)    media organisations or individuals must be accredited by the Speaker; and

     (b)    sound must only be recorded from the audio signal of proceedings transmitted by the House monitoring system by representatives of accredited media organisations or individuals; and

     (c)    no alteration to the sound relay equipment is permitted without the permission of the Speaker; and

     (d)    the use of separate recording equipment is not permitted unless authorised by the Speaker; and

     (e)    recordings must:

         (i)    be used only for the purposes of fair and accurate reports of proceedings, and reasonable balance between both sides of the House is to be achieved by avoiding undue concentration on any one member; and

         (ii)    provide in context a balanced presentation of differing views and must not include events in the Chamber unrelated to the proceedings of the House; and

         (iii)    provide equality between government and non-government members; and

         (iv)    be placed in context and commentators must identify members at least by name; and

         (v)    not start until the conclusion of the Prayer; and

         (vi)    not misrepresent any proceeding before the House, or the seating position, or office held by any member of the House.

     (f)    recordings must not be used for:

         (i)    political party advertising or election campaigns; or

         (ii)    satire or ridicule; or

         (iii)    commercial sponsorship or commercial advertising; or

         (iv)    media advertisements or promotion.

     (g)    camera operators must operate within the guidelines issued by the Speaker;

     (h)    points of order or remarks withdrawn are not to be rebroadcast.

     (i)    media personnel must obey any instruction given by the Speaker or the Speaker’s delegates.

(4)    Any breach of the conditions listed in paragraph (3) may result in the immediate suspension of privileges by the Speaker.

(1)    An official broadcast of the proceedings of the Chamber is made available by the Parliament.

(2)    Official broadcasts must comply with the guidelines issued by the Speaker.

(3)    With the approval of the committee and the Speaker, an official broadcast of the public proceedings of a parliamentary committee may be made available by the Parliament.

Rebroadcast of an official broadcast is permitted, subject to the following conditions:

(1)    The material must only be used for the purposes of fair and accurate reports of proceedings and must not in any circumstances be used for:

     (a)    satire or ridicule; or

     (b)    commercial sponsorship or commercial advertising.

(2)    Broadcast material must not be digitally manipulated.

(3)    Excerpts of proceedings are to be placed in context so as to avoid any misrepresentation.

(4)    Remarks withdrawn are not to be rebroadcast unless the withdrawal is also rebroadcast.

The Standing Orders Committee (the Committee) is empowered to authorise redactions from a document published by the House, Assembly Hansard, official broadcast footage of the Assembly Chamber or an Assembly Committee, a petition, or a document tabled under SO 171 on safety or security grounds using the following process:

(1)    A person, including a member of Parliament, may write to the Clerk and request the redaction including details of the nature of the safety or security risk and how redaction would reduce or remove this risk. The Clerk will then forward that request to the Committee as soon as practicable.

(2)    If the Committee is satisfied there is a safety or security risk and the redaction is warranted, the Committee may approve the request. All members present at the meeting must unanimously agree for the Committee’s decision to be effective.

(3)    The Clerk will inform the person who made the request of the Committee’s decision. Where the Committee unanimously approves the redaction, the Clerk must take all necessary steps to give effect to the Committee’s decision.

(4)    A redaction does not affect the protections provided by ss 73, 74 or 74AA of the Constitution Act 1975.

(5)    The Clerk must include a statement of the number of redactions made and the type of document they were redacted from, excluding any identifying information, in the annual report of the Department of the Legislative Assembly.

(6)    The Committee may issue guidelines on the operation of this standing order.

⁸ For example, motions such as ‘That the debate be now adjourned’ and ‘That the question be now put’.

⁹ Excluding a member who has moved an amendment or a motion to extend the scope of a bill.

The Speaker, on taking the Chair each day, should read the Lord’s Prayer.

VP 38, 4 October 1928, p 69

This House authorises the Speaker to give an Acknowledgement of Country each sitting day.

VP 29, 13 August 2019, p 167

An appropriation is interpreted as any expenditure from the consolidated fund but not a reduction in revenue flowing to the fund.

VP 54, 4 March 2004, p 313

The rule of anticipation is waived for the purposes of the budget discussion in question time.

VP 62, 5 May 2004, p 367

This House does not consider a bill to be irregular for the purposes of SO 60 if the clauses are not numbered consecutively due to clauses being inserted or omitted by an amendment in either House.

VP 9, 7 March 2019, p 83

This House establishes the position of Parliamentary Integrity Adviser in accordance with the following terms:

(1)    Provision of advice

     (a)    The Parliamentary Integrity Adviser is to advise any member of Parliament, including former members of Parliament, when asked to do so by that member, on ethical issues and integrity matters concerning the exercise of his or her role as a member of Parliament.

     (b)    The Parliamentary Integrity Adviser’s advice may be sought on a range of parliamentary matters including, but not limited to, the application of any legislation or other guidelines adopted by Parliament that are relevant to members in their capacity as members of Parliament, the use of members’ entitlements and declaration of potential conflicts of interest.

     (c)    Any advice given by the Parliamentary Integrity Adviser should be consistent with legislation, regulations and any other rules or guidelines adopted by Parliament, but must not constitute legal advice.

(2)    Education and training

     (a)    The Parliamentary Integrity Adviser is to provide periodic education and training to members of Parliament about ethical issues and integrity matters concerning, but not limited to, the functions, roles, powers, and responsibilities of members of Parliament.

     (b)    The Parliamentary Integrity Adviser must provide —

         (i)    training to new members of Parliament at the start of each Parliament;

         (ii)    training to new members of Parliament who are elected at a by-election or appointed to fill a casual vacancy; and

         (iii)    training on any amendments or changes to the parliamentary standards and integrity system.

(3)    Records

     (a)    The Parliamentary Integrity Adviser is required to keep, for the duration of his or her tenure, a record of all advice given, including any supporting material and information upon which the advice is based.

     (b)   Subject to (3)(e)(ii), the Parliamentary Integrity Adviser must not divulge, to any person, entity or committee of either House, other than the person who requested the advice —

         (i)    any information provided to him or her in the course of his or her duties under this Resolution;

         (ii)    the content or details of any advice given in accordance with this Resolution —

         unless the person who requested the advice has given express permission for such information and/or advice to be made public.

     (c)    The Parliamentary Integrity Adviser must not comply with any order for the production of records by either House relating to advice given by the Parliamentary Integrity Adviser unless the person who requested the advice —

         (i)    is a member or former member of the House that made the order; and

         (ii)    in the case of advice given under (1)(a)–(c), has sought to rely on the advice for any reason; and

         (iii)    has given express permission for the records to be released to the relevant House.

     (d)    Subject to 3(e), if the Parliamentary Integrity Adviser considers that the confidential advice provided to a member or former member has been publicly misrepresented, the Parliamentary Integrity Adviser may release a statement to correct the misrepresentation.

     (e)    In releasing a statement under (3)(d), the Parliamentary Integrity Adviser —

         (i)    must not publicise the advice provided unless the person who requested the advice has given express permission for it to be made public; or

         (ii)    if the person who requested the advice refuses permission for it to be made public, may release the advice to the Privileges Committee of the relevant House if that Committee makes a request as part of a related inquiry connected to that person.

(4)    Reporting

     (a)    At least once every 12 months, the Parliamentary Integrity Adviser will meet jointly with the Privileges Committees of the Assembly and the Council to discuss matters relevant to and issues arising from the operation and application of the parliamentary standards framework.

     (b)    The Parliamentary Integrity Adviser must, every 12 months, report to the Parliament on —

         (i)    advisory functions including —

             (A)    the number of ethical matters raised during the reporting period;

             (B)    the number of members and former members who sought advice during the reporting period;

             (C)    the number of times advice was given during the reporting period; and

             (D)    the amount of time spent in the course of performing duties under the terms of this Resolution during the reporting period; and

         (ii)    education functions including —

             (A)    the number of training sessions provided during the reporting period, and the number of members who attended each training session; and

             (B)    a brief description of the content of training sessions and any other training provided during the reporting period.

     (c)    The Parliamentary Integrity Adviser may, at his or her discretion, report to the Parliament from time to time on —

         (i)    any issues with the parliamentary standards framework arising from requests for ethics or integrity advice, including suggested proposals to address such issues;

         (ii)    the provision of guidance to members of Parliament on particular issues, including publication of de-identified case studies in order to educate members on their obligations;

         (iii)    any other matter the Parliamentary Integrity Adviser considers appropriate.

     (d)    A report of the Parliamentary Integrity Adviser under (4)(b) or (4)(c) —

         (i)    will be tabled in each House; and

         (ii)    must not divulge or cause to be divulged the identity of any person who has requested advice in accordance with this Resolution.

     (e)    A House or committee of the Parliament cannot —

         (i)    refer a matter to the Parliamentary Integrity Adviser;

         (ii)    require the Parliamentary Integrity Adviser to report on the conduct of a specific member or former member, or a specified group of members and/or former members, of Parliament; or

         (iii)    require the Parliamentary Integrity Adviser to investigate any allegations of misconduct.

(5)    Appointment, resignation and removal

     (a)    A person will be appointed by resolution of the Council and the Assembly, on the joint recommendation of the Privileges Committees of the Council and the Assembly in accordance with (5)(c), as Parliamentary Integrity Adviser.

     (b)    An appointment under (5)(a) must —

         (i)    subject to (5)(b)(iii), be made whenever the position becomes vacant; and

         (ii)    be for a period that terminates on the day that is four months after the general election that is held immediately following the Parliament during which the appointment is made; and

         (iii)    in the case of the first appointment of the Parliamentary Integrity Adviser, be made within four months after this Resolution has been agreed to by both Houses.

     (c)    Prior to a resolution under (5)(a), a joint report of the Privileges Committees of the Council and the Assembly will be tabled in each House specifying —

         (i)    a person recommended for appointment as Parliamentary Integrity Adviser; and

         (ii)    the terms and conditions of appointment of the Parliamentary Integrity Adviser, including any remuneration, as agreed in consultation with the Speaker and the President.

     (d)    If, within three months of the position becoming vacant, the Privileges Committees of the Council and the Assembly fail to report under (5)(c), a joint sitting of Parliament in accordance with JSO 22 will be held to appoint a person as Parliamentary Integrity Adviser on the terms and conditions, including any remuneration, agreed by the Speaker and the President.

     (e)    The Parliamentary Integrity Adviser may engage in any outside employment that does not conflict with his or her role as Parliamentary Integrity Adviser.

     (f)    The Parliamentary Integrity Adviser may resign in writing to the President and the Speaker.

     (g)    The Parliamentary Integrity Adviser may be removed from office by resolution of the Council and the Assembly for —

         (i)    insolvency; or

         (ii)    proven misbehaviour; or

         (iii)    mental incapacity.

     (h)    Prior to a resolution under (5)(g), the Privileges Committees of the Council and the Assembly must meet and confer jointly on the alleged grounds for removal and, if the grounds are found to be valid, make a joint recommendation to Parliament that the Parliamentary Integrity Adviser be removed from office.

         (i)    A joint recommendation under (5)(h) will —

         (i)    be tabled in each House; and

         (ii)    include the reasons for the recommendation unless the Privileges Committees agree that it would be contrary to the public interest to do so.

     (j)    The Parliamentary Integrity Adviser may be suspended from office whilst any alleged grounds for removal from office are dealt with under the terms of this Resolution.

(6)    Review
The Privileges Committees of the Council and the Assembly must, in the final year of each Parliament —

     (a)    cause a joint review to be made of the operation of this Resolution; and

     (b)    table a report of the review in each House before the expiration of the Assembly under section 38 of the Constitution Act 1975.

(7) Privileges Committee

     (a)    The Privileges Committee of this House is authorised and required to meet and confer jointly with the Privileges Committee of the other House for the purposes of exercising its role, functions and powers in accordance with the terms of this Resolution.

     (b)    The provisions relating to the role, functions and powers of the Privileges Committee under the terms of this Resolution constitute a standing reference to the Committee for the Parliament during which its members are appointed until the dissolution or other lawful determination of the Assembly.

     (c)    For the purposes of joint meetings of the Privileges Committees of the Council and the Assembly under the terms of this Resolution —

         (i)    the Chair of the Assembly Privileges Committee and the Chair of the Council Privileges Committee are joint chairs; and

         (ii)    meetings shall be chaired by the joint chairs on an alternating basis; and

         (iii)    a joint chair shall take the Chair whenever the other joint chair is not present; and

         (iv)    every Committee member shall have a deliberative vote only; and

         (v)    the Standing Orders of the Assembly shall otherwise apply insofar as they are not inconsistent with the terms of this Resolution.

VP 17, 1 May 2019, pp 111–16
LCM 13, 30 April 2019, pp 112–15