Appendix A: Standing Orders relating to the disciplining of Members of the House of Representatives

Contents

 

SO No. Period of Operation and Text
  From 6 June 1901
Chapter 7: Disorderly Conduct and Arrest
55 Members ordered to attend
If any member shall wilfully disobey any lawful order of the House, he may be ordered to attend in his place to answer for his conduct; and unless his explanation be deemed satisfactory, the House may direct the Serjeant-at-Arms to take such Member into custody.
56 Members not explaining or retracting
Any Member having used objectionable words, and not explaining or retracting the same, or offering apologies for the use thereof, to the satisfaction of the House, shall be named by the Speaker, or otherwise dealt with as the House may think fit; and any member called to order shall sit down, unless permitted to explain.
57 House will not permit Quarrels
The House will interfere to prevent the prosecution of any quarrel between Members arising out of debates or proceedings of the House or of any Committee thereof.
58 No Noise or Interruption allowed in Debate
No member shall converse aloud or make any noise or disturbance whilst any member is speaking, or whilst any Bill, Order, or other matter is being read or opened; and in case of such noise and disturbance being persisted in after the Speaker has called to order, the Speaker shall call upon the Member making such disturbance by name, and such Member will incur the displeasure and censure of the House.
59 Order in Debate – Suspension of Members
Whenever any member shall have been named by the Speaker or by the Chairman of Committees, immediately after the commission of the offence of disregarding the authority of the Chair, or of abusing the Rules of the House, by persistently and wilfully obstructing the business of the House, or of disorderly conduct, or otherwise disregarding the authority of the Chair, then, if the offence has been committed by such Member in the House, the Speaker shall forthwith put the question, on the motion being made, no amendment, adjournment or debate being allowed. “That such Member be suspended from the service of the House”; and if the offence has been committed in a Committee of the whole House, the Chairman shall, on a motion being made, put the same Question in a similar way, and, if the motion be carried, shall forthwith suspend the proceedings of the Committee and report the circumstance to the House; and the Speaker shall thereupon put the same Question without amendment, adjournment or debate, as if the offence had been committed in the House itself.
If any member be suspended under this Order, his suspension on the first occasion shall be for the remainder of that day’s sitting; on the second occasion for one week; and on the third or any subsequent occasion for one month.
Nothing herein shall be taken to deprive the House of the power of proceeding against any Member according to ancient usages.
227 The same rules for regulating the conduct of business shall be observed in Committees as in the House itself, the Chairman of Committees being invested with the same authority as the Speaker for the preservation of order. Order shall be maintained in the House by the Speaker, and in the Committee by the Chairman of Committees but disorder in a Committee can only be censured by the House on receiving a report.
   
  From 21 March 1950
Chapter XX Infringement of Order, and Arrest
300 If any member has –
persistently and wilfully obstructed the business of the House; or
been guilty of disorderly conduct; or
used objectionable words, which he has refused to withdraw; or
persistently and wilfully refused to conform to any Standing Order; or
persistently and wilfully disregarded the authority of the Chair-
he may be named by the Speaker, or, if any of the above-named offences has been committed by a Member in Committee, by the Chairman.
301 If the offence has been committed in the House, the Speaker shall forthwith put the question, on a motion being made, no amendment, adjournment, or debate being allowed, “That such Member be suspended from the service of the House”; and if the offence has been committed in Committee, the Chairman shall forthwith suspend the proceedings of the Committee and report the circumstances to the House; and the Speaker shall thereupon, without a motion being necessary, put the same Question without amendment, adjournment, or debate, as if the offence had been committed in the House itself.
302 If any Member be suspended under the foregoing Order, his suspension on the first occasion shall be for twenty-four hours; on the second occasion during the same year for seven days excluding the day of suspension; and on the third or any subsequent occasion during the same year for twenty-eight days excluding the day of suspension. Provided that any suspension in a previous Session shall be disregarded.
303 The Speaker or the Chairman shall order a Member whose conduct is grossly disorderly to withdraw immediately from the House during the remainder of the day’s sitting; and the Serjeant-at-Arms shall act on such orders as he may receive from the Chair in pursuance of this Standing Order. Any Member ordered to withdraw from the House pursuant to this Standing Order shall not return during the same sitting except by permission of the Speaker or Chairman.
304 In the case of grave disorder arising in the House, the Speaker may adjourn the House without Question put, or suspend any sitting for a time to be named by him.
305 If any member shall wilfully disobey any order of the House, he may be ordered to attend to answer for his conduct; and, unless his explanation be deemed satisfactory, the House may direct the Serjeant-at-Arms to take such Member into custody.
   
  From 13 August 1963
Chapter XXI Disorder
303 If any member has –
persistently and wilfully obstructed the business of the House; or
been guilty of disorderly conduct; or
used objectionable words, which he has refused to withdraw; or
persistently and wilfully refused to conform to any Standing Order; or
persistently and wilfully disregarded the authority of the Chair-
he may be named by the Speaker, or, if any of the above-named offences has been committed by a Member in Committee, by the Chairman.
304 If the offence has been committed in the House, the Speaker shall forthwith put the question, on a motion being made, no amendment, adjournment, or debate being allowed, “That such Member be suspended from the service of the House”; and if the offence has been committed in Committee, the Chairman shall forthwith suspend the proceedings of the Committee and report the circumstances to the House; and the Speaker shall forthwith, on a motion being made, put the same question, without amendment, adjournment, or debate, as if the offence had been committed in the House itself.
305 If any Member be suspended under the foregoing order, his suspension on the first occasion shall be for twenty-four hours; on the second occasion during the same year for seven consecutive days excluding the day of suspension; and on the third or any subsequent occasion during the same year for twenty-eight consecutive days excluding the day of suspension. For the purposes of this standing order, any suspension in a previous session shall be disregarded, and “year” means a year commencing on the 1st day of January and ending on the 31st day of December.
306 When the conduct of a Member is of such a grossly disorderly nature that the procedure provided in standing order 304 would be inadequate to ensure the urgent protection of the dignity of the House, the Speaker or the Chairman shall order the Member to withdraw immediately from the Chamber and the Serjeant-at-Arms shall act on such orders as he receives from the Chair in pursuance of this standing order. When the Member has withdrawn, he shall forthwith be named by the Speaker or the Chairman, as the case may be, and the proceedings shall then be as provided in standing orders 304 and 305, except that the question for the suspension of the Member shall be put by the Speaker without a motion being necessary.
If the question for the suspension of the Member is resolved in the negative, he may forthwith return to the Chamber.
307 A Member who has been suspended from the service of the House shall be excluded from the Chamber and all galleries thereof.
308 In the case of grave disorder arising in the House, the Speaker may adjourn the House without question put, or suspend any sitting for a time to be named by him.
309 If any Member wilfully disobeys any order of the House, he may be ordered to attend to answer for his conduct; and if he fails to attend, or if his explanation be deemed unsatisfactory, the House may direct the Serjeant-at-Arms to take such Member into custody.
   
  From 21 February 1994
Chapter XXI Disorder
303 If any member has –
persistently and wilfully obstructed the business of the House; or
been guilty of disorderly conduct; or
used objectionable words, which he or she has refused to withdraw; or
persistently and wilfully refused to conform to any Standing Order; or
persistently and wilfully disregarded the authority of the Chair-
the member may be named by the Speaker.
304 Following the naming of a Member, the Speaker shall forthwith put the question, on a motion being made, no amendment, adjournment, or debate being allowed, “That the Member be suspended from the service of the House”.
304A If the Speaker considers the conduct of a Member is disorderly, the Speaker, instead of calling on the provisions of standing order 303 or 306, may order the Member to withdraw from the House for one hour, which order shall not be open to debate or dissent.
If a Member fails to leave the Chamber immediately when ordered to do so by the Speaker, the Speaker may name the Member and shall forthwith put the question, on a motion being moved, no amendment, adjournment, or debate being allowed, “That the Member be suspended from the service of the House”.
305 If any member is named and suspended under standing order 304 or 304A, the period of suspension on the first occasion shall be for 24 hours; on the second occasion during the same calendar year for 3 consecutive sittings excluding the day of suspension; and on the third or any subsequent occasion during the same calendar year for 7 consecutive sittings excluding the day of suspension. For the purposes of this standing order, any suspension in a previous session or any order to withdraw pursuant to standing order 304A shall be disregarded.
306 When the conduct of a Member is of such a grossly disorderly nature that the procedure provided in standing order 304 or 304A would be inadequate to ensure the urgent protection of the dignity of the House, the Speaker shall order the Member to withdraw immediately from the Chamber and the Serjeant-at-Arms shall act on any orders received from the Chair in pursuance of this standing order. When the Member has withdrawn, he or she shall forthwith be named by the Speaker and the proceedings shall then be as provided in standing orders 304 and 305, except that the question for the suspension of the Member shall be put by the Speaker without a motion being necessary.
If the question for the suspension of the Member is resolved in the negative, he or she may forthwith return to the Chamber.
307 A Member who has been suspended from the service of the House or ordered by the Speaker to withdraw from the House for one hour shall be excluded from the Chamber, all its galleries and any room where the Main Committee is meeting.
308 In the case of grave disorder arising in the House, the Speaker may adjourn the House without question put, or suspend any sitting for a time to be named by him.
309 If any Member wilfully disobeys any order of the House, he may be ordered to attend to answer for his conduct; and if he fails to attend, or if his explanation be deemed unsatisfactory, the House may direct the Serjeant-at-Arms to take such Member into custody.
310 The Serjeant-at-Arms shall take or deliver into custody any stranger who causes a disturbance in any part of the Chamber or the room in which the Main Committee is meeting or any gallery of those places, or who does not withdraw when strangers are directed to withdraw, while the House or the Main Committee is sitting.
311 When any member or other person has been taken into the custody of the Serjeant-at-Arms, such arrest shall be reported to the House by the Speaker without delay, and the House shall fix the time for such Member or other person to be brought to the Bar, to be dealt with by the House.
   
  From 1 January 1998
Chapter XXI
303 If any member has –
persistently and wilfully obstructed the business of the House; or
been guilty of disorderly conduct; or
used objectionable words, which he or she has refused to withdraw; or
persistently and wilfully refused to conform to any Standing Order; or
persistently and wilfully disregarded the authority of the Chair-
the member may be named by the Speaker.
304 Following the naming of a Member, the Speaker shall forthwith put the question, on a motion being made, no amendment, adjournment, or debate being allowed, “That the Member be suspended from the service of the House”.
304A If the Speaker considers the conduct of a Member is disorderly, the Speaker, instead of calling on the provisions of standing order 303 or 306, may order the Member to withdraw from the House for one hour, which order shall not be open to debate or dissent.
If a Member fails to leave the Chamber immediately when ordered to do so by the Speaker, the Speaker may name the Member and shall forthwith put the question, on a motion being moved, no amendment, adjournment, or debate being allowed, “That the Member be suspended from the service of the House”.
305 If any member is named and suspended under standing order 304 or 304A, the period of suspension on the first occasion shall be for 24 hours; on the second occasion during the same calendar year for three consecutive days excluding the day of suspension; and on the third or any subsequent occasion during the same calendar year for seven consecutive sittings excluding the day of suspension. For the purposes of this standing order, any suspension in a previous session or any order to withdraw pursuant to standing order 304A shall be disregarded.
306 When the conduct of a Member is of such a grossly disorderly nature that the procedure provided in standing order 304 or 304A would be inadequate to ensure the urgent protection of the dignity of the House, the Speaker shall order the Member to withdraw immediately from the Chamber and the Serjeant-at-Arms shall act on any orders received from the Chair in pursuance of this standing order. When the Member has withdrawn, he or she shall forthwith be named by the Speaker and the proceedings shall then be as provided in standing orders 304 and 305, except that the question for the suspension of the Member shall be put by the Speaker without a motion being necessary.
If the question for the suspension of the Member is resolved in the negative, he or she may forthwith return to the Chamber.
307 A Member who has been suspended from the service of the House or ordered by the Speaker to withdraw from the House for one hour shall be excluded from the Chamber, all its galleries and any room where the Main Committee is meeting.
308 In the case of grave disorder arising in the House, the Speaker may suspend the sitting for a time to be specified, or adjourn the House without any question being put.
309 A Member who wilfully disobeys any order of the House may be ordered without notice to attend to answer for his or her conduct.
310 The Serjeant-at-Arms shall remove any stranger who causes a disturbance in any part of the Chamber or the room in which the Main Committee is meeting or any gallery of those places, or who does not withdraw when strangers are directed to withdraw, while the House or the Main Committee is sitting.
311 When any member or other person has been taken into the custody of the Serjeant-at-Arms, such arrest shall be reported to the House by the Speaker without delay.
   
  From 16 November 2004
Disorder
60 Order kept by Speaker or Chair
The Speaker, or the occupier of the Chair of the House at the time shall keep order in the House.
The Deputy Speaker, or the occupier of the Chair of the Main Committee at the time shall keep order in the Committee. The House may address disorder in the Committee after receiving a report from the Deputy Speaker.
88 Use of certain names
A Member must not refer disrespectfully to the Queen, the Governor-General, or a State Governor, in debate for the purpose of influencing the House in its deliberations.
89 Offensive words
A Member must not use offensive words against:
either House of the Parliament or a Member of the Parliament; or
a member of the Judiciary.
90 Reflections on members
All imputations of improper motives to a Member and all personal reflections on other Members shall be considered highly disorderly.
91 Disorderly conduct
A Member’s conduct shall be considered disorderly if the Member has:
persistently and wilfully obstructed the House;
used objectionable words, which he or she has refused to withdraw;
persistently and wilfully refused to conform to a standing order;
wilfully disobeyed an order of the House;
persistently and wilfully disregarded the authority of the Speaker; or
been considered by the Speaker to have behaved in a disorderly manner.
92 Intervention by Speaker
The Speaker can intervene:
to prevent any personal quarrel between Members during proceedings; and
when a Member’s conduct is considered offensive or disorderly.
When the Speaker’s attention is drawn to the conduct of a Member, the Speaker shall determine whether or not it is offensive or disorderly.
93 Member ordered to attend House
A Member who wilfully disobeys an order of the House may be ordered to attend the House to answer for his or her conduct. A motion to this effect can be moved without notice.
94 Sanctions against disorderly conduct
The Speaker can take action against disorderly conduct by a Member:
Direction to leave the Chamber
The Speaker can direct a disorderly Member to leave the Chamber for one hour. The direction shall not be open to debate or dissent, and if the Member does not leave the Chamber immediately, the Speaker can name the Member under the following procedure.
Member named and suspended
The Speaker can name a disorderly Member. Immediately following a naming, on a motion being moved, the Speaker shall put the question—
That the Member be suspended from the service of the House.
The question must be resolved without amendment, adjournment or debate.
Urgent action
If the Speaker determines there is an urgent need to protect the dignity of the House, the Speaker can order a grossly disorderly Member to leave the Chamber immediately. When the Member has withdrawn, the Speaker must immediately name the Member and paragraph (b) shall apply; except that the Speaker shall put the question for suspension without a motion being necessary. If the question is resolved in the negative, the Member may return to the Chamber.
Term of suspension
If a Member is named and suspended, the term of the suspension shall be:
on the first occasion, for the 24 hour period from the time of suspension;
on the second occasion during the same calendar year, for the three consecutive sittings following the day of suspension; and
on a third or later occasion during the same calendar year, for the seven consecutive sittings following the day of suspension.
A suspension in a previous session or an order to withdraw for one hour shall be disregarded in the calculation of these terms.
Exclusion from Chamber and Main Committee
A Member who is serving a one hour withdrawal or a suspension for 24 hours or more, shall be excluded from the Chamber, its galleries and the room in which the Main Committee is meeting.
Removal of Member
If a Member refuses to follow the Speaker’s direction, the Speaker may order the Serjeant-at-Arms to remove the Member from the Chamber or the Main Committee or take the Member into custody.
95 If grave disorder, House suspended or adjourned
In the event of grave disorder occurring in the House, the Speaker, without any question being put, can:
suspend the sitting and state the time at which he or she will resume the Chair; or
adjourn the House to the next sitting.
96 Serjeant-at-Arms to remove persons
If a visitor or person other than a Member disturbs the operation of the Chamber or the Main Committee, the Serjeant-at-Arms can remove the person or take the person into custody.
If a visitor or other person is taken into custody by the Serjeant-at-Arms, the Speaker must report this to the House without delay.
   
55 Lack of quorum
(d) If a quorum is in fact present when a Member draws attention to the state of the House, the Speaker may name the Member in accordance with standing order 94(b) (sanctions against disorderly conduct).
   
  From 9 February 2006
187 Maintenance of order [in the Main Committee]
  (a) In the Main Committee the Deputy Speaker has the same responsibility for the preservation of order as the Speaker has in the House.
(b) If disorder occurs in the Committee, the Deputy Speaker:
(i) may direct the Member or Members concerned to leave the room for a period of 15 minutes [standing order 94(e) (exclusion from Chamber, etc.) does not apply]; or
(ii) may, or on motion moved without notice by any Member must, suspend or adjourn the sitting. If the sitting is adjourned, any business under discussion and not disposed of at the time of the adjournment shall be set down on the Notice Paper for the next sitting.
(c) Following a suspension or adjournment of the Committee or a refusal of a Member to leave when so directed under paragraph (b), the Deputy Speaker must report the disorder to the House.
(d) The Deputy Speaker may report the conduct of a Member whether or not action has been taken under paragraph (b).
(e) Any subsequent action against a Member under standing order 94 (sanctions against disorderly conduct) may only be taken in the House.

 


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