No. 2 Rules of debate (PDF 81KB)

The standing orders of the Senate set out the rules of debate and provide the basis for the orderly conduct of the Senate. Where necessary, standing orders are interpreted and applied by the President, Deputy President or Temporary Chairs.

The call

To speak, a senator must first seek the call, which is allocated by the President in accordance with standing order 186 and the practice of the Senate. Senators are usually called from each side of the chamber alternately, including crossbench senators. The Leaders of the Government and Opposition are given the call before other senators. Often there is also an unofficial speakers' list compiled by party whips.

The right to speak

A senator may speak once on a substantive motion. If an amendment to the motion is moved, a senator may speak again to the amendment. The senator moving a substantive motion may exercise a right of reply which then closes the debate. The question is put by the chair at the close of the debate. There is no right of reply on a procedural motion, such as a motion to suspend standing orders. In committee of the whole senators may speak more than once to a question.

Time limits

Time limits apply to senators' speeches, the maximum being fifteen minutes per speaker. For special time limits, see the table at the end of this guide. Time taken for a quorum being called or points of order do not affect the senators' speaking time. Chamber clocks show the time remaining for a speech.

May speeches be read?

Standing order 187 provides that speeches may not be read but Presidents have ruled that senators may use "copious notes" in some circumstances. The rationale of the prohibition on reading speeches is that it prevents proper debate.

Quoting documents in speeches

A senator may read from a document for the purpose of quoting it in debate but may not use this technique to circumvent the rules of the Senate (such as the prohibition on the use of unparliamentary language). When a senator quotes from a document, another senator may move that the document be tabled. If the senator quoting the document is a minister, they may prevent a motion for the tabling of a document by claiming that it is confidential (standing order 168).

Content of speeches

Speeches must be relevant to the motion being debated.

Speeches must not:

• be tediously repetitive; or
• anticipate debate on a matter which appears on the Notice Paper.

The rule against anticipation is interpreted liberally because the large amount of business on the Notice Paper could prevent discussion of virtually any matter.

The sub judice convention is a restriction on debate which the Senate imposes itself whereby debate is avoided if it could involve substantial danger of prejudice to proceedings before a court, unless the Senate considers that there is an overriding requirement for the Senate to discuss a matter of public interest. The sub judice convention is applied where:

• there is a likelihood of real prejudice to court proceedings which have commenced;
• the danger of prejudice outweighs the public interest in the matters being discussed; and
• the proceedings are before a magistrate or jury, rather than a judge (or judges) alone.

Courtesies of debate

Senators are required to address the Chair and any comments about other senators should be in the third person ("Mr President, the senator opposite is mistaken to suggest….") to facilitate orderly debate. It is not in order for senators to:

• speak disrespectfully of the King, the Governor-General or state governors;
• use offensive words against, or impute improper motives to, either House of Parliament, state or territory Houses of Parliament, or members of those Houses or judicial officers; or
• to reflect on a vote of the Senate (standing order 193).

Presidents have often ruled on unparliamentary language, a term used to refer to remarks which are contrary to standing order 193.

Conduct during debate

The President is responsible for keeping order in the chamber. Senators must:

• acknowledge the Chair on entering and leaving the chamber (by a bow or nod); and
• be seated and be silent when the President rises during a debate.

Senators must not:

• move between the Chair and the senator speaking or between the Chair and the Table;
• leave or move across the chamber when the President is putting a question; and
• leave the chamber when a quorum has been called.

Eating, using noisy equipment, holding up placards or newspapers or displaying items with slogans etc. have also been ruled as disorderly.

For further detail see Guide No. 23—Provisions governing the conduct of senators in debate.

Interrupting the debate

A senator may interrupt another senator speaking only:

• to raise a point of order or privilege; or
• to call attention to the lack of a quorum.

Interjections are disorderly but may be tolerated in some circumstances. Points of order are determined immediately but the President may decide to determine a point of order at a later time. The President may also hear argument from senators on the point of order.

There is no ability to "gag" a senator (that is, move that a senator be no longer heard). However a motion that the question be now put (the "closure") or a motion that the debate be adjourned may be moved by a senator who has not spoken in the debate at any time but not so as to interrupt a senator speaking. These motions are determined immediately without debate or amendment.

Disorder

A senator who:

• persistently and wilfully obstructs the business of the Senate;
• is guilty of disorderly conduct;
• uses objectionable words and refuses to withdraw them;
• persistently and wilfully refuses to conform to the standing orders; or
• persistently and wilfully disregards the authority of the chair

may be reported by the chair to the Senate (or "named") (standing order 203). The reported senator is called upon to give an explanation or apology and a motion may be moved that the senator be suspended from the sitting of the Senate. Periods of suspension are covered by standing order 204. Disorder is ultimately a matter for the whole Senate to determine.

New senator's first speech

Certain conventions apply to a new senator's first speech:

• the chamber is expected to be well attended;
• the new senator is heard without interjection or interruption;
• the new senator, in turn, should not directly criticise other senators or provoke interjections or points of order; and
• following the speech the new senator is congratulated by other senators.

For more detail on the rules of debate, see chapter 10 of Odgers' Australian Senate Practice.

Last reviewed: June 2025