Mr Tony Burke (Watson, Australian Labor Party, Minister for Employment and Workplace Relations) Share this | Hansard source

Mr Speaker, in the discussion that has just been raised there is a competing principle within the standing orders about the way in which a ruling of the Speaker can then be canvassed. There's a very strong limitation under standing order 87 as to the only way we can disagree if the Speaker has made a ruling.

The only two circumstances that I've seen this term where the Speaker has not allowed a point of order on relevance was where he had immediately before that moment ruled that at that point the minister was being relevant, so to take the point of order at that moment is to canvass the ruling. It doesn't prevent later during the answer a point of order being taken on that basis. But the specifics of canvassing a ruling are very common.

By doing it that way, members, it means that you still have the opportunity to make that point of order later. It hasn't actually been used up. In previous terms, the practice of Speakers, including the very well regarded Tony Smith when he was in the chair, would be that if he thought it was being taken in a frivolous way to not even hear someone. You would stand there and sometimes not get the call. The concept of limiting it to only the circumstances where a ruling has immediately been made is completely consistent with the standing orders and Practice.

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