Anthony Albanese (Grayndler, Australian Labor Party, Leader of the House) Share this | Hansard source

I ask leave of the House to move a motion relating to proposed amendments to the standing orders and certain resolutions of the House. Copies of the proposed amendments have been placed on the table.

Leave granted.

I move:

That the proposed amendments be made:1 Maximum speaking times (amendments to existing subjects, as follows)

Committee and delegation reports on Fridays in the House Each Member in the Main Committee Each Member (standing orders 39, 40, 41a, 192(b))

10 mins maximum, as recommended by the whips 10 mins

Matter of public importance Whole discussion Proposer Member next speaking Next 2 Members speaking Any other Member (standing order 46)

1 hr 15 mins 15 mins 10 mins each 5 mins

Private Members’ business on Fridays Whole debate Each Member (standing orders 41and 41a)

as recommended by the whips

2 Definitions (new definitions, as follows) Chief Government Whip includes another government whip acting on behalf of the Chief Government Whip Chief Opposition Whip includes another opposition whip acting on behalf of the Chief Opposition Whip. Petition is a formal request to the House to take action that is within its power to take. A petition for presentation to the House must comply with the standing orders. Petition terms consist of the reasons for the petition and the request for action by the House.

29  Set meeting and adjournment times

(a)   The House shall meet each year in accordance with the program of sittings for that year agreed to by the House, unless otherwise ordered and subject to standing order 30.

(b)   When the House is sitting it shall meet and adjourn at the following times, subject to standing orders 30, 31 and 32:

30 Changes to meeting times

The Speaker or a Minister may initiate a change to the meeting times of the House in the following circumstances:

(a)

At any time, a Minister may move without notice a motion to set the next meeting of the House.

(b)

A Minister may move on notice a motion to set a future meeting or meetings of the House.

(c)

When the House is not sitting, the Speaker may set an alternative day or hour for the next meeting, and must notify each Member of any change. 31  Automatic adjournment of the House

(a)

At 8.30 p.m. on Mondays and Tuesdays, 7.30 p.m. on Wednesdays and 4.30 p.m. on Thursdays the Speaker shall propose the question—That the House do now adjourn. This question shall be open to debate—maximum time for the whole debate shall be 30 minutes—and no amendment may be moved.

(b)

If this question is before the House at the time set for adjournment in standing order 29, column 3 (times of meeting) the Speaker shall interrupt the debate and immediately adjourn the House until the time of its next meeting.

(c)

The following qualifications apply: Division is completed

(d)

Following the conclusion of the grievance debate on Fridays, the Speaker shall, subject to standing order 55(c), without a question being put, immediately adjourn the House until the time set for its next meeting. 33  Limit on business after 9 pm

No new business may be taken after 9 p.m., unless by order of the House before 9 p.m.

34  Order of business

The order of business to be followed by the House is shown in figure 2.

Figure 2. House order of business

	MONDAY		TUESDAY		WEDNESDAY		THURSDAY		FRIDAY
					Prayers		Prayers		Prayers
				9 am		9 am		9 am	90 sec statements	Divisions and quorums deferred
								9.15 am	Petitions
	Prayers				Government Business		Government Business	9.20 am	Committee & delegation reports and private Members’ business
12 noon
	Government Business		Prayers					12.40pm	Grievance debate
2.00 pm	Question Time	2.00 pm	Question Time	2.00 pm	Question Time	2.00 pm	Question Time	2.00pm
approx 3.30 pm	Documents, Ministerial statements	approx 3.30 pm	Documents, Ministerial statements, MPI	approx 3.30 pm	Documents, Ministerial statements, MPI	approx 3.30 pm	Documents, Ministerial statements, MPI
	Government Business	approx 4.20 pm	Government Business	approx 4.20 pm		approx 4.20 pm	Government Business
						4.30 pm	Adjournment Debate
6.30 pm	Divisions and quorums deferred	6.30 pm	Divisions and quorums deferred		Government Business	5.00 pm
				7.30 pm	Adjournment Debate
8.00 pm		8.00 pm		8.00 pm
8.30 pm	Adjournment Debate	8.30 pm	Adjournment Debate
9.00 pm		9.00 pm

Government business shall have priority over committee and delegation reports and private Members’ business except on Fridays as provided by standing order 34 (order of business).

39  Presentation of reports

(a)   Members can present reports of committees or delegations:

(i)

as agreed by the whips, following prayers on Fridays; or

(ii)

at any time when other business is not before the House.

(b)   Members can make statements in relation to these reports:

(i)

during the special set period on Fridays (standing order 34);  the whips shall recommend time limits for statements, of not more than 10 minutes for each Member; or

(ii)

at any other time, by leave of the House.

(c)   The Member presenting a report may move without notice, a specific motion in relation to the report. When a report has been presented on Friday under paragraph (a)(i), debate on the question shall be adjourned to a later hour and a motion may be moved that the report be referred to the Main Committee. In other cases debate shall be adjourned to a future day.

40  Resumption of debate on reports

(a)   After presentation of reports on Fridays proceedings may be resumed on motions in relation to committee and delegation reports moved on an earlier day.

(b)   For debate in accordance with paragraph (a) the whips shall recommend:

(i)

the order in which motions are to be considered;

(ii)

time limits for the whole debate; and

(iii)

time limits for each Member speaking, of not more than 10 minutes.

(c)   During the period on Fridays provided by standing order 192 proceedings may be resumed in the Main Committee on motions in relation to committee and delegation reports referred that day or on an earlier day.

40A       Removal of committee and delegation reports orders of the day, to be omitted.

41  Private Members’ business

(a)   In the period set for committee and delegation reports and private Members’ business under standing order 34, private Members’ notices and orders of the day shall be considered in the order shown on the Notice Paper. When the time set by standing order 34 (order of business) or recommended by the whips ends, the Speaker shall interrupt proceedings and put the question.

(b)   If

(i)

the whips have recommended that consideration of a matter may continue on a future day;

then

(ii)

at the time set for interruption of the item of business or if debate concludes earlier, the Speaker shall interrupt proceedings and the matter shall be listed on the Notice Paper for the next sitting.

Private Members’ bills—priority

(c)   The whips, in making recommendations to the House:

(i)

shall give priority to private Members’ notices of intention to present bills over other notices and orders of the day; and

(ii)

shall set the order in which the bills are to be presented.

First reading

(d)   When each notice is called on by the Clerk, the Member in whose name the notice stands may present the bill, together with an explanatory memorandum (if available),  and may speak to the bill for no longer than 5 minutes. The bill shall be then read a first time and the motion for the second reading shall be set down on the Notice Paper for the next sitting.

Second reading

(e)   If the motion for the second reading is agreed to by the House, further consideration of the bill shall be accorded priority over other private Members’ business and the whips may recommend times for consideration of the remaining stages.

Alternation of notices

(f)    Subject to paragraph (c)(i), the whips shall provide for the consideration of private Members’ notices to alternate between those of government and non-government Members.

41A       Selection of private Members’ and committee business

(a)   For the period for committee and delegation reports and private Members’ business on Fridays, the whips shall recommend the order of consideration of the matters and the times allotted for debate on each item and for each Member speaking.

(b)   The Chief Government Whip shall report the recommendations of the whips to the House and shall move without notice the motion—

That the House adopt the report.

(c)   The Chief Government Whip must report to the House under paragraph (b) in time for the report to be adopted by the House and published on the Notice Paper of the sitting Thursday before the Friday being considered.  The report shall be published in Hansard.

(d)   The House may grant leave for the order of consideration of the matters, and the times allotted for debate on each item and for each Member speaking, set by the House to be varied.

42  Removal of business

The Clerk shall remove from the Notice Paper items of private Members’ business and orders of the day relating to committee and delegation reports which have not been called on for eight consecutive sitting Fridays.

43  Members’ statements on Fridays

After Prayers on Fridays the Speaker shall call on statements by Members. The Speaker may call a Member, but not a Minister (or Parliamentary Secretary*), to make a statement for no longer than 90 seconds. The period allowed for these statements shall extend until 9.15 a.m.

* Including Assistant Ministers who are Parliamentary Secretaries

44  Grievance debate

(a)   Following the conclusion of committee and delegation reports and private Members’ business on Fridays, the first order of the day shall be grievance debate.

(b)   After the Speaker proposes the question—

That grievances be noted—

any Member may address the House or move any amendment to the question. If consideration of the question has not been concluded after 1 hour and 20 minutes, debate shall be interrupted and any questions put.

51  Privilege matter raised when House is sitting

(a)   At any time during a sitting, a Member may raise a matter of privilege. The Member shall be prepared to move, without notice, immediately or subsequently, a motion, declaring that a contempt or breach of privilege has been committed, or referring the matter to the Committee of Privileges and Members’ Interests.

(b)   The Speaker may:

(i)

give the matter precedence and invite the Member to move a motion as stated in paragraph (a); or

(ii)

reserve the matter for further consideration.

(c)   If the matter is given precedence, consideration and decision of every other question shall be suspended until the matter of privilege is disposed of, or debate on any related motion is adjourned.

(d)   The Speaker may grant precedence to a privilege motion over other business if satisfied that:

(i)

a prima facie case of contempt or breach of privilege has been made out; and

(ii)

the matter has been raised at the earliest opportunity.

(e)   If a matter of privilege related to the proceedings of the Main Committee is raised in the Main Committee, the Deputy Speaker must suspend the proceedings and report to the House at the first opportunity.

52  Privilege matter raised when House not sitting

(a)   When the House is not sitting and is not expected to meet for at least two weeks, a Member may raise with the Speaker a matter of privilege which has arisen since the House last met and which the Member proposes be referred to the Committee of Privileges and Members’ Interests.

(b)   The Speaker must refer the matter to the Committee of Privileges and Members’ Interests immediately, if satisfied that:

(i)

a prima facie case of contempt or breach of privilege has been made out; and

(ii)

the matter requires urgent action.

(c)   The Speaker must report the referral to the House at its next sitting. Immediately after the Speaker’s report, the Member must move that the referral be endorsed by the House. If the motion is not agreed to, the Committee of Privileges and Members’ Interests shall take no further action on the matter.

55  Lack of quorum

(a)   When the attention of the Speaker is drawn to the state of the House and the Speaker observes that a quorum is not present, the Speaker shall count the Members present in accordance with standing order 56.

(b)   On Mondays and Tuesdays, if any Member draws the attention of the Speaker to the state of the House between the hours of 6.30 p.m. and 8 p.m., the Speaker shall announce that he or she will count the House at 8 p.m., if the Member then so desires.

(c)   On Fridays, if any Member draws the attention of the Speaker to the state of the House, the Speaker shall announce that he or she will count the House following the conclusion of the grievance debate, if the Member then so desires.

(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).

106 Giving notice

(a)   In all cases, a Member giving a notice of motion must deliver it in writing to the Clerk at the Table. In addition, the Member may state its terms to the House during the period of Members’ statements on Fridays under standing order 43.

(b)   The notice may specify the day proposed for moving the motion and must be signed by the Member and a seconder.

(c)   Unless the Member has stated the terms of the motion to the House, as provided under paragraph (a), a notice of motion which expresses censure of or no confidence in the Government, or a censure of any Member, must be reported to the House by the Clerk at the first convenient opportunity.

108 Order of notices

The Clerk shall enter notices on the Notice Paper in the order in which they are received, and before orders of the day. Standing orders 41 (private Members’ business), 41A (selection of private Members’ and committee business), 42 (removal of business), 45 (order of government business), and 113 (motion not moved) also apply to the order of notices. A notice of motion becomes effective only when it appears on the Notice Paper.

133 Deferred divisions on Mondays, Tuesdays and Fridays

(a)   On Mondays and Tuesdays, any division called for between the hours of 6.30 p.m. and 8 pm shall be deferred until 8 p.m.

(b)   A division called for on a Friday shall be deferred until the commencement of the next sitting, unless otherwise ordered.

(c)   The Speaker shall put all questions on which a division has been deferred, successively and without amendment or further debate.

(d)   This standing order does not apply to a division called on a motion moved by a Minister on Mondays and Tuesdays, during the periods specified in this standing order.

139 Notice of intention to present bill

(a)   A Member giving a notice of intention to present a bill must deliver the notice in writing to the Clerk at the Table. In addition, the Member may state the terms of the notice to the House during the period of Members’ statements on Fridays, under standing order 43.

(b)   The notice must:

(i)

specify the title of the bill and the day for presentation; and

(ii)

be signed by the Member and at least one other Member.

(c)   A notice of intention to present a bill shall be treated as if it were a notice of motion.

192 Main Committee’s order of business

(a)   If the Committee meets on a Wednesday or Thursday, the normal order of business is set out in figure 4.

(b)   If the Committee meets on a Friday from 10.30 a.m. to 1 p.m. to consider orders of the day relating to committee and delegation reports, these orders of the day shall have priority over other business, unless otherwise ordered.

Figure 4. Main Committee order of business

	MONDAY		TUESDAY		WEDNESDAY		THURSDAY		FRIDAY
				9.30 am	3 min statements	9.30 am	3 min statements
				approx 10.00 am	Government business and/or committee and delegation reports	approx 10.00 am	Government business and/or committee and delegation reports
10.30 am		Committee and delegation reports If required
						12.30 pm	Adjournment Debate
				approx 1.00 pm		approx 1.00 pm		approx 1.00 pm
4.00 pm	If required	4.00 pm	If required	4.00 pm	If required
				approx 7.30 pm
approx 8.30 pm	See this speech in context Comments No comments   About us     Contact OpenAustralia.org     Link to us     House rules     API / XML     Source code     Blog / Twitter Other Wonderful Projects from the OpenAustralia Foundation: They Vote For You | Right To Know | PlanningAlerts | Election Leaflets