6. RULES OF DEBATE
When Members may speak
A Member may speak:
to any question upon which debate is not precluded by the standing orders, when moving a motion which will be open to debate, when moving an amendment, when rising to take a point of order, on a matter of privilege, on a matter of public importance submitted under standing order 107 (S.O. 63); to explain words in his or her speech which have been misquoted or misunderstood (S.O. 66); when granted leave by the Chair to make a personal explanation (S.O. 64); to make a 90 second statement to the House or a 3 minute statement to the Main Committee during the periods provided for that purpose (S.Os 106A, 275A); to ask or reply to a question without notice (S.Os 1423); when granted leave of the House to make a statement; by indulgence of the Chair.
Reservation of right to speak
A Member who seconds a motion or amendment without speaking to it may reserve the right to address the House on the subject at a later stage of the debate (S.O. 70).
Member not to speak twice
A Member may not speak twice in the House to a question (S.O. 65), except:
in explanation (S.O. 66)—see below; in reply—a Member who has moved a substantive motion or the second or third reading of a bill may, at the end of the debate, speak in reply to matters raised during the debate (S.O. 67). The reply closes the debate (S.O. 68); in the consideration in detail stage of a bill or the consideration of Senate amendments—Members may speak for an unspecified number of periods to each question before the Chair (S.O. 91); in the adjournment debate—a Member may speak a second time if no other Member rises (S.O. 91).
The rule does not apply to periods of Members statements (as there is no question before the House). In practice, as in the adjournment debate, Members who have not yet spoken are given priority over those wishing to speak again.
Speaking on amendments
When a Member speaks following the moving of an amendment, the Member is deemed to have spoken to both the original question and the amendment. A Member who has spoken to the original question before the moving of an amendment may speak again, but must confine his or her remarks to the amendment.
Speaking after question put
No Member may speak after the Speaker has put the question and the vote has been taken on the voices (S.O. 69).
Matters not open to debate
The following matters are not open to debate, must be moved without argument or opinion being offered, and must be put immediately by the Chair without amendment (S.O. 86):
question that a Member be now heard or do now speak(S.O. 61); question that a Member be further heard (S.O. 85); motion for adjournment of debate (S.O. 87); motion for extension of time (S.O. 91); question put following declaration of urgency (S.O. 92); motion that the question be now put (S.O. 93); motion that a Member be not further heard (S.O. 94); motion that the business of the day be called on (S.O. 107); question that a bill be reported to the House (S.O. 234); motion that amendments made by the Main Committee be agreed to (S.O. 236); motion that a bill (reported by Main Committee) be agreed to (S.Os 236, 236A); motion that further proceedings (on an item of Main Committee business) be conducted in the House (S.O. 270); motion that a Member be suspended (S.O. 304); and question that strangers be ordered to withdraw (S.O. 314).
In addition a Minister may require the question for the adjournment of the House under the automatic adjournment provisions to be put without debate (S.O. 48A).
Misrepresentation of Members speech
A Member who has spoken to a question may again be heard to explain some material part of his or her speech which has been misquoted or misunderstood, but cannot introduce any new matter, interrupt any Member who has the call nor bring forward any debatable matter, and no debate may arise following such an explanation (S.O. 66). The correct procedure to be followed by a Member is to rise after the Member speaking has concluded and to inform the Chair that he or she has been misrepresented. The Chair will then usually permit the Member to proceed with the explanation. It helps in the conduct of the proceedings if Members inform the Chair in advance that they intend to rise to make an explanation.
Personal explanations
A Member, having obtained leave from the Chair, may explain matters of a personal nature, although there is no question before the House (S.O. 64). Although in practice such leave is freely given, Members have no right to expect it to be granted automatically. A Member wishing to make a personal explanation should inform the Speaker beforehand. Personal explanations should preferably be made between items of business but may be made at any time with the indulgence of the Chair, provided that no other Member is addressing the House. However, they are usually made at the point in the routine of business following the presentation of papers.
Personal explanations generally claim misrepresentation arising from media reports, the preceding question time, Senate debates, and so on, and it is the practice for the Chair to ask a Member rising to make a personal explanation whether he or she is claiming to be misrepresented.
A personal explanation must be confined to matters affecting the Member personally. It may not deal with party matters or, in the case of a Minister, departmental matters, nor be used to make attacks upon another Member. A Member making a personal explanation must not debate the matter. The indulgence granted by the Chair for a personal explanation may be withdrawn if the Member misuses it.
If the Speaker refuses leave to a Member to make a personal explanation, or directs a Member to resume his or her seat during the course of an explanation, a motion That the Member be now heard is not in order, nor may the Member move a motion of dissent from the Speakers ruling as there is no ruling.
Indulgence of the Chair
The term indulgence is often used to cover the concept of leave from the Chair as distinct from leave of the House. Although the standing orders make provision for Members to speak with leave of the Chair only in respect of a matter of a personal nature (see above), the practice of the House is that, from time to time, the Speaker or Chair grants indulgence for Members to address the House on a variety of other matters, for example, to permit a Minister to correct or add to an answer, or for Members to comment on or seek information about the conduct of proceedings. On occasion, following a Members statement by indulgence, the Chairs indulgence may be extended to permit other Members to speak on the same matter.
Statements by leave
A frequently used practice is to seek the leave of the House, that is, permission without any dissenting voice (see Leave of the House), to make a statement when there is no question before the House. This procedure is used in the main by Ministers to announce domestic and foreign policies and other decisions of the Government (ministerial statements, see Ministerial statements). The procedure is also used by Members when wishing to speak, at the time of presentation, on a report of a committee or of a parliamentary delegation presented at a time other than that provided by standing order 102A.
Members seeking leave to make statements must indicate the subject matter in order that the House can make a judgment as to whether or not to grant leave. Members must confine their remarks to the subject for which leave has been granted.
Allocation of the call
A Member wishing to speak (unless unable to stand) must rise and address the Speaker (S.O. 59). When two or more Members rise together to speak, the Speaker calls on the Member who, in the Speakers opinion, first rose in his or her place. However, any Member may move that a Member who has risen be now heard, or do now speak, and that question must be put and decided immediately without amendment or debate (S.O. 61).
The allocation of the call to Members rising to speak is a matter for the discretion of the Chair, but it is usual, as a principle, to call Members from each side of the House (government and non-government) alternately. Parties in coalition share the call of their side of the House in proportion to their numbers. Minor parties and independent Members share the call of the non-government side in proportion to their numbers.
Generally speaking, Ministers and the Leader and Deputy Leader of the opposition party or parties are given preference over other Members on their own side of the House, but in the case of consideration in detail debates on bills where there is need for a greater flexibility, a Minister may be granted a preference over all other Members in order to make a reply or explanation. To assist the Chair a list of intending speakers is supplied by the party whips; the Chair usually follows the list, but does not have to do so.
Time limits for debates and speeches
Speech time limits
Time limits for debates and speeches are set out in standing order 91. Time limits apply to all speeches in debate, with the following exceptions:
There is no time limit for the mover of the second reading of the main Appropriation Bill and the Leader of the Opposition or a Member deputed by the Leader of the Opposition when speaking to the second reading (the Budget speech and reply). The House may agree to vary the time limits for a specific purpose—for example, for an important debate the standing orders may be suspended to grant unlimited or extended time to the Minister in charge and the leading opposition speaker. In relation to committee and private Members business on Mondays the Selection Committee may allot lesser speaking times than provided by the standing order. It is the practice of the House that time limits are not enforced during debate on motions of condolence or on valedictory speeches made at the end of a period of sittings.
Occasions on which a Member may address the House which are not specifically listed in standing order 91, and which, there being no question before the Chair, do not come under the strict definition of debate, are not restricted by this standing order, for example:
Time limits do not apply when statements are made by leave of the House. Time limits for Members statements in the House and Main Committee are set by S.Os 106A and 275A respectively. Time limits do not apply to personal explanations or other occasions when Members speak by indulgence of the Chair. However, such speeches are expected to be short and to the point and the Chair may withdraw indulgence if Members attempt to enter into debate. There is no time limit on questions without notice or on answers to questions. However, if these are unduly lengthy the Speaker may request or direct that they be brought to a close.
How measured
The period of time allotted for a Members speech is calculated from the moment the Member is given the call (unless the call is disputed by a motion under standing order 61) and includes time taken up by interruptions such as divisions (but not suspensions of Main Committee proceedings caused by divisions in the House), quorum calls, points of order, motions of dissent from rulings of the Chair, and proceedings on the naming and suspension of a Member.
A Members time is not affected when debate is interrupted by the Chair for a suspension of the sitting (e.g. for a meal break, or in the Main Committee for a division in the House), the automatic adjournment provision (S.O. 48A), or question time (S.O. 101A). In these cases the Member may continue with no loss of time when the debate is resumed.
Extension of time
On motion, a Member may be granted an extension of time for one period not exceeding 10 minutes, provided that no extension may exceed half of the original period allotted (S.O. 91). The granting of a second extension requires a suspension of the standing order.
A Member cannot be granted an extension of time in an adjournment debate. However, if no other Member rises to address the House, a Member who has already spoken may speak for a second time.
Speech-timing clocks
Speech timing clocks are installed in the Chamber on the walls below each of the two side galleries. These clocks have a single hand which is set by the Deputy Clerk at the Table to the number of minutes allowed for each speech. As the time is used up, the hand returns in an anti-clockwise direction to the zero or 12 oclock position. One minute before the time expires, a small amber warning light appears on each clock face and this continues to glow until the time for the speech expires.
In the Main Committee a digital clock on each side wall is set to the time limit of the speech being made and runs backwards to zero, showing minutes and seconds remaining.
Manner of speech
Members to stand and address Chair
A Member desiring to speak must rise in his or her place and address the Speaker (S.O. 59), but a Member unable conveniently to stand, by reason of sickness or infirmity, may speak sitting (S.O. 60).
Place of speaking
With the following exceptions all Members should address the House from their own seats. Ministers and shadow ministers speak from the Table. Parliamentary Secretaries may speak from the Table when in charge of the business before the House but at other times are required to speak from their allocated places. The same practice applies in respect of opposition parliamentary secretaries, or other Members leading for the Opposition in a particular debate.
Reading of speeches
There is no longer a rule against the reading of speeches.
Decorum
Whenever the Speaker rises during a debate, any Member then speaking, or offering to speak, shall sit down, and the House must be silent, so that the Speaker may be heard in silence (S.O. 53). When the Speaker is putting a question Members may not walk out of or across the Chamber (S.O. 54).
Members should make a token bow to the Chair in passing to or from their seats in the Chamber (S.O. 56) and Members may not pass between the Chair and any Member who is speaking (S.O. 57). All Members coming into the Chamber shall take their seats, and shall not at any time stand in any of the passages or gangways (S.O. 58).
Members may not converse aloud or make any noise or disturbance to interrupt the Member who is speaking (S.O. 55).
First speech
There is a convention in the House that a Members first speech in the House is heard without interjection or interruption, and the Chair will normally draw the attention of the House to the fact that a Member is making his or her first speech. In return for this courtesy it is expected that the Member should not be unduly provocative. A Members official first speech may not necessarily be the first time a Member speaks in the House—for example, speeches made on condolence motions or in a Members capacity as Minister or opposition spokesperson are not counted as first speeches. In a new Parliament a newly elected Member usually makes his or her first speech in the Address in Reply debate (see Address in reply debate).
Content of speeches
Relevancy in debate
A Member may not digress from the subject matter of any question under discussion (S.O. 81). For the application of the relevancy rule to debate on bills see Form of a bill—procedurally relevant aspects and Second reading: Nature of debate—relevance).
The Chair, after having drawn attention to the conduct of a Member who persists in irrelevance or tedious repetition, may direct the Member to discontinue his or her speech. However, the Member has the right to require the question to be put that he or she be further heard. No debate may occur on this question. (S.O. 85)
Exceptions to relevancy rule
There are specific exceptions to the requirement for relevance. Members may use these opportunities for general debate to raise matters of their own choosing:
Reference to other Members
A Member, when referring to another Member, should refer to the Member by the name of the electoral division which he or she represents, i.e. the Member for . . . (S.O. 80). A Minister is usually referred to by his or her ministerial title, e.g. the Prime Minister, the Minister for Foreign Affairs; and an Opposition Leader or Deputy Leader by the title of his or her position.
Anticipation of discussion
A Member during debate may not anticipate the discussion of any subject which appears on the Notice Paper. In determining whether a discussion is out of order on this ground, the Speaker shall have regard to the probability of the matter anticipated being brought before the House within a reasonable time (S.O. 82). In practice this rule is taken to apply only to the business section of the Notice Paper and not to matters listed elsewhere, for example, under questions on notice or as subjects of committee inquiry. The rule does not prevent incidental reference to other items of business.
Allusion to previous debate or proceedings
A Member may not allude to any debate or proceedings of the same session unless the allusion is relevant to the matter under discussion (S.O. 71). This rule is not extended to the different stages of a bill.
Allusion to debate or proceedings in Senate
A Member may not allude to any debate or proceedings of the current session of the Senate, or to any measure pending in the Senate, unless the allusion is relevant to the matter under discussion. The exception is that a Member may refer to a ministerial statement made in the Senate (S.O. 72).
Offensive or disorderly words
It is the duty of the Chair to intervene when offensive or disorderly words are used either by the Member addressing the House or any Member present (S.O.77). When attention is drawn by a Member to words used, the Chair determines whether or not they are offensive or disorderly (S.O. 78). The Chairs judgment in such cases depends on the nature of the words and the context in which they have been used. Once the Chair determines that offensive or disorderly words have been used, the Chair asks that the words be withdrawn. It has been considered that a withdrawal implies an apology.
The Chair has ruled that any request for the withdrawal of a remark considered offensive must come from the Member reflected upon, if present, and that any request for a withdrawal must be made at the time the remark was made.
If a Member refuses to withdraw, the Chair may name the Member for disregarding the authority of the Chair.
Reflections on Members
Offensive words may not be used against any Member (S.O. 75) and all imputations of improper motives and all personal reflections on Members are considered to be highly disorderly (S.O. 76). It is not in order to use offensive words against another Member by means of a quotation or by putting words in someone elses mouth. Expressions which are considered unparliamentary when applied to individuals must not be applied to groups.
Members can only direct a charge against other Members or reflect upon their character or conduct by moving a substantive motion which may be voted on by the House. However, in expressing that charge or reflection a Member may not use unparliamentary words.
Other persons or bodies specifically protected
Members may not make references to the Queen, the Governor-General, or State Governors which are disrespectful or made for the purpose of influencing debate (S.O. 74), or use offensive words against the House or the Senate, or any Member or Senator, or a member of the judiciary (S.O. 75). The character or conduct of such persons can only be debated by way of a substantive motion which can be voted on by the House.
The standing orders and practice of the House do not prevent a Member from reflecting on a State Government or Member of a State Parliament, no matter how much such a reference may be deprecated by the Chair.
Reflections upon votes of House and statutes
Members may not reflect upon any vote of the House except on a motion that the vote be rescinded (S.O. 73). In practice this rule is not interpreted in such a way as to prevent a reasonable expression of views on matters of public concern.
Members may not use offensive words against any statute unless for the purpose of moving for its repeal (S.O. 75). In practice this provision is not enforced and criticism of any Act of Parliament is permitted.
Sub judice convention
The House traditionally imposes a restriction on its own proceedings to avoid prejudicing the course of justice. Briefly stated, the sub judice convention is that, subject to the right of the House to legislate on any matter, matters awaiting adjudication in a court of law should not be brought forward in debate, motions or questions. As a general rule, the restriction is imposed in relation to cases before the criminal courts from the time a person is charged until a sentence, if any, has been announced. In the case of civil matters the convention applies from the time they are set down for trial or otherwise brought before the court. Restrictions again apply if an appeal is lodged and remain until the appeal is decided. Depending on the circumstances, the convention may extend to royal commissions or other similar bodies, especially those concerned with the conduct of individuals.
The application of the sub judice convention is subject to the discretion of the Chair at all times. In exercising the discretion the Chair has regard to the likelihood of prejudice to court proceedings being caused as a result of comment in the House, as well as to the inherent right of the House to inquire into and debate any matter considered to be within the public interest.
Interruption and adjournment of debate
Interruption of Member speaking
A Member may not interrupt another Member who is speaking unless:
to call attention to a point of order; to raise a matter of privilege suddenly arising; to call attention to the want of a quorum; to call attention to the presence of strangers; to move a closure motion, or to move That the business of the day be called on (in relation to a discussion of a matter of public importance) (S.O. 84).
Interjections
Members may not converse aloud or make any noise or disturbance to interrupt a Member who is speaking (S.O. 55). However, the Chair does not necessarily intervene in the ordinary course of debate when interjections are made, unless they are frequent or such as to interrupt the flow of a Members speech. The expressions Hear, hear and the like are permitted to indicate approval of speeches, provided they are not calculated to interrupt the Member speaking.
Closure of Member
Any Member may move that a Member who is speaking, except a Member giving a notice of motion or formally moving the terms of a motion allowed under the standing orders, be not further heard, and this question must be put and decided immediately without amendment or debate. If the motion is agreed to, the Member speaking must immediately resume his or her seat (S.O. 94). The motion is not necessarily accepted by the Chair when a Member is taking or speaking to a point of order, or making a personal explanation, as both these matters are within the control of the Chair. The motion applies only to the speech currently in progress.
Closure of question
After a question has been proposed from the Chair, the closure motion That the question be now put may be moved by any Member without notice at any time, whether any other Member is addressing the Chair or not. The question on the closure must be put and decided immediately without amendment or debate. If the closure is agreed to, the question before the Chair is put immediately without any further debate (S.O. 93). If debate on an amendment is closured, debate then continues on the original question.
The closure motion cannot be moved before the question has been proposed by the Chair, that is, while a Member is moving or seconding a motion (apart from a motion of amendment, in which case the amendment is superseded and the closure applies to the original question).
The closure cannot be moved in respect of proceedings for which time has been allotted under the guillotine procedure (S.O. 92).
Motion to call on business of the day
The motion That the business of the day be called on is used to curtail or preclude a discussion on a matter of public importance, and can only be used in this context. This form of closure is provided because there is no question before the Chair during an MPI. The motion is moved in a similar manner to the closure. If the motion is agreed to, the discussion of the MPI is immediately concluded and the House proceeds to the next item of business (S.O. 107).
Adjournment of debate
A Member who has not spoken to a question, or who has the right of reply, may move That the debate be now adjourned (S.O. 87). This motion may only be moved by a Member given the call by the Chair, and must not be moved while another Member is speaking. The motion may not be moved during the debate on the motion that the House do now adjourn (the adjournment debate).
Although the standing order states that if the adjournment motion is agreed to the Speaker shall then put a further question to fix the time for the resumption of the debate, in practice the Speaker combines the two questions in the form That the debate be adjourned and the resumption of debate be an order of the day for . . . (a later hour this day, the next day of sitting, or, rarely, a specific day). The two questions are put separately when the adjournment motion is opposed or if there is disagreement over the time of resumption, and in this case the question on the time of resumption is open to relevant amendment and debate.
If the adjournment motion is negatived the mover may speak later in the debate (S.O. 89), and the Speaker may refuse to receive a further such motion if he or she considers that it has been moved for the purpose of obstructing business (S.O. 86). After an adjournment motion has been agreed to the Member who moved it is entitled to the first call on the resumption of the debate (S.O. 88).
Points of order
The purpose of a point of order is to draw the Chairs attention to a breach of the rules of the House, or to seek the Chairs guidance on a matter of procedure. The order and proceedings in the House or in the Main Committee may be questioned at any time by any Member and, until the question of order is decided by the Chair, the consideration of and decision on every other question is suspended (S.Os 98 and 99).
As a Member speaking may be interrupted only in a few circumstances (S.O. 84), the Member rising should indicate to the Chair at the outset that he or she is interrupting for the purpose of raising a point of order, for example, Mr/Madam Speaker, a point of order . . . . The Member interrupted should immediately resume his or her seat.
During a division, when Members must remain seated while raising a point of order (S.O. 205), Members may adopt the traditional practice of covering their heads with a sheet of paper in order to attract the Chairs attention.
The attention of the Chair must be directed to an alleged breach of order at the time that it occurs. It is not acceptable to raise points of order concerning proceedings earlier in the day or the previous day.
Members misusing the right to raise a point of order to make a debating point are abusing the forms of the House. If Members persist in making spurious points of order they may be disciplined by the Chair.
Ruling
When a question of order is raised, the Chair must give a ruling on it (S.Os 99 and 206). It is for the Chair to decide whether and to what extent a point of order may be discussed. On occasions a discussion may be helpful but discussion is not permissible when the Chair is prepared to rule on a point.
Dissent from ruling
If any objection is taken to the ruling of the Speaker or the Chair, it must be taken at once by way of a motion of dissent, submitted in writing. The motion must be seconded, after which it is proposed and debated immediately (S.O. 100).
Dissent can only be moved in respect of a ruling. Decisions on matters which are at the Speakers discretion are not rulings and cannot be dissented from. These include the allocation of the call of the Chair to speak, the Speakers selection of a matter of public importance for discussion, or his or her opinion on whether a prima facie case has been established on a matter of privilege.
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