TASMANIA

LEGISLATIVE COUNCIL

STANDING ORDERS AND RULES

Contents

Part No. 

Standing Order No.

1

Introductory

 

 

Repeal

1

 

General and Rule

2

 

Reservation of powers

3

 

Definitions

4


2

Opening of Parliament

 
   

President takes chair

5

   

Clerks reads Proclamation

5

   

Governor introduced

5

   

Commissioners introduced

5

   

Clerk reads proclamation

5

   

Commissioners summon Assembly

5

   

Clerk reads Commission

5

   

Cause of calling together

5

   

House of Assembly Members withdraw

5

   

Oath or affirmation

5

   

Election of President

5

   

Bill pro forma

6

   

Speech reported

7

   

Motion to present Address

8

   

Governor’s reply reported

9

   

Precedence of debate on address

10


3

Election of President

   

Member proposed

11

   

One Member proposed

12

   

Two or more Members proposed

13

   

Procedure when two or more candidates

14

   

Acknowledgment by President elect

15

   

President presented to Governor

16

   

Term of office

17


4

Chair of Committees

   

Election and term of office

18

   

Takes chair as Deputy President

19

   

Absence of President, Deputy President performs duties

20

   

Absence of President and Chair of Committees

21

   

Appointment of Deputy Chair of Committees

22

   

Deputy Chair takes chair

23

   

Powers of Deputy Chair

24


5

Sitting and Adjournment of the Council

   

Ordinary Sitting times

25

   

Suspension of sitting at 1.00 p.m.

26

   

Suspension of sitting at 4.00 p.m.

27

   

Opening of sitting

28

   

Adjournment for want of a Quorum – reported by Tellers or Chair

29

   

Adjournment for want of a Quorum when notice taken by Member

29

   

Provision when next sitting day a holiday

30

   

Council adjourned only by its own resolution

31

   

Adjournment of Council

32


6

Attendance of Members

   

Attendance of Members obligatory

33

   

Leave of Absence

34

   

Leave excuses from service and forfeiture

35

   

Leave forfeited by attendance

36

   

Member returned on new Writ

37

   

Member seated on Application

38


7

Order and Conduct of Business

   

Order of business

39

   

Precedence of Government business

40

   

Special Interest Matters

41


8

Petitions

   

Contents of petition

42

   

Petitions will not contain

43

   

Procedure for lodgement and presentation

44


9

Questions seeking Information

   

Questions to Ministers, the Leader of the Government and Members on Notice

45

   

New Question given

46

   

No debate on giving Notice

47

   

No debate on answer

48

   

Oral Questions without notice

49

   

Rules governing questions

50

   

Supplementary questions

51


10

Notices of Motion

   

New notice given

52

   

Notices of Motion:  Requirements

53

   

Notices Deferred

54

   

Lapsed and Withdrawn Notices

55


11

Motions

   

Motions moved on Notice:  exceptions

56

   

Urgent Motion:  Privilege

57

   

Motion without Notice by leave

58

   

Order of precedence

59

   

Withdrawal of Motion

60

   

Withdrawn Motion reintroduced

61

   

Moved by another Member

62

   

Not to be withdrawn until amendment withdrawn

63


12

Orders of the Day

   

Definition

64

   

Disposal of Orders of the Day

65

   

To be read without question put

66

   

Orders not called on

67

   

Lapsed by adjournment

68

   

Order discharged

69


13

Questions from the Chair

   

Question:  when proposed

70

   

Question put

71

   

Decided by majority of voices

72

   

President to declare majority

73

   

Same question twice proposed

74

   

Question divided

75

   

Question superseded

76


14

Amendments to Questions from the Chair

   

Forms of Amendment

77

   

Amendment relevant and in writing

78

   

Amendment to leave out words

79

   

To substitute words

80

   

To insert or add words

81

   

Discretion of Chair on Question

82

   

No amendment when later part of Question amended

83

   

Words already agreed to

84

   

Amendment may be withdrawn

85

   

Original question put

86

   

Question as amended put

87

   

Order in which amendments to be put

88

   

Amendments to amendments

89

   

Council now adjourn – no amendment

90

   

Amendment to Question for Adjournment

91


15

Conduct of Members and Rules of Debate

   

Maintenance of Order

92

   

When President stands

93

   

Member sick or infirm

94

   

Entering or leaving the Council

95

   

Not to pass between Chair, etc

96

   

Member to take place

97

   

Subjudice convention

98

   

A Member shall not in the course of Debate

99

   

Repetitious or Irrelevant Debate

100

   

Objection to words

101

   

Motion that Member be heard, etc

102

   

Pecuniary Interest

103

   

Member to withdraw while conduct under deliberation

104

   

Suspension of Member

105

   

Period of Suspension

106

   

Suspended Member to withdraw from precincts

107

   

If suspended Member does not withdraw

108

   

President calls on Member to speak

109

   

No speaking after decision given

110

   

Right of speech

111

   

Not to speak more than once

112

   

Personal explanation

113

   

Adjournment of Debate

114

   

Member to continue speech

115

   

Precedence of adjourned debate on privilege

116

   

Debate being resumed:  Members not to speak again

117

   

May speak again to new question

118

   

Having spoken to adjournment

119

   

Having spoken to main question, not to enter upon it again

120

   

Member who has spoken not to make motion, but may speak to motion

121

   

Member who has moved amendment not to speak again on Main Question

122

   

Same Member not to move adjournment of Council and debate

123

   

Member to resume speech

124

   

Adjournment motion, procedure when negatived

125

   

Debate on motion where lack of quorum

126

   

Debate interrupted by other matter

127

   

No reference to proceedings of committees until reported

128

   

Member not to interrupt another

129

   

Speaking to Order or Privilege

130

   

Question of Order

131

   

Ruling of President may be challenged

132

   

Right of Reply

133

   

Reply closes Debate

134

   

Motions not open to Debate

135


16

Divisions

   

Calling a division

136

   

Member may cancel call for division

137

   

Calling a division

138

   

Error in tally

139

   

President’s casting vote

140

   

Vote not recorded if Member not present

141

   

Recording of pairs

142

   

President may call off division

143

   

Member’s voice and vote to be the same

144

   

Question of order during division

145

   

Divisions in committee

146


17

Committees of the Whole Council

   

Council resolves itself into Committee and President leaves chair

147

   

Committee may be deferred

148

   

Committee reports Progress

149

   

Chair of Committees takes chair at Table

150

   

Committee to consider matters referred

151

   

Vote of Chair

152

   

Chair’s ruling may be challenged

153

   

Debate in Committee same as in Council

154

   

Members may speak more than once

155

   

On disorder, President to resume chair

156

   

President to resume chair in certain other cases

157

   

Lack of quorum

158

   

Lack of quorum proceedings

159

   

Report

160

   

Report of progress

161

   

Motion that Chair leave the chair

162

   

Motion that Chair leave the chair, when not to be moved

163

   

Report brought up without question put

164

   

Resolution cannot be postponed

165

   

Committee not to adjourn

166

   

Consideration of Committee resolutions

167

   

Proceedings in Committee to form part of Journals

168


18

Standing Committees

   

Standing Orders Committee

169

   

Committee of Privileges

170

   

First Meeting

171


19

Select Committees

   

Committee membership

172

   

Willingness to attend to be ascertained

173

   

Member pecuniarily interested not to serve

174

   

Number of Members

175

   

Notice to specify names of Members

176

   

Committee may be chosen by secret ballot

177

   

Notice of election by ballot

178

   

Members discharged and others appointed

179

   

Notice to specify names

180

   

List of Committee to be exhibited

181

   

Quorum

182

   

Neglect of Member to attend

183

   

Election of Chair

184

   

Vote of Chair

185

   

Meetings

186

   

Days of Meeting

187

   

Adjournment of Committee

188

   

Power to send for papers

189

   

Name of Members recorded

190

   

Committee to delegate Members to travel on inspections

191

   

Admission of Strangers

192

   

Admission of other Members

193

   

Divisions to be reported

194

   

Draft Report

195

   

Report brought up

196

   

Dissenting Statements in Report

196a
   

Report presentation before sitting

197

   

Subsequent proceedings on motion

198

   

Progress Report

199

   

Evidence, etc not reported not to be published

200

   

Evidence reported:  disclosure

201

   

Certain evidence not to be published

202

   

Matters ordered not to be published to remain confidential

203

   

Not to confer with Committee of Assembly without leave

204

   

Message to Assembly requesting leave to confer

205

   

Conference between Select Committees may be free

206