Legislative Council Standing Orders
Legislative Council Standing Orders
The standing orders of the Legislative Council were adopted by resolution of 14 September 2006, and became operational from 19 December 2006, with all previous standing orders being repealed from that date.
Their adoption followed consideration of the Standing Orders Committees Report on the Modernisation of Standing Orders. That report included cross-references between the proposed standing orders and the then current standing orders.
The joint standing orders and joint rules of practice of the Parliament were adopted by the Legislative Assembly on 9 August 2006 and by the Legislative Council on 22 August 2006. They are operational from the first sitting day of the 56th Parliament, 19 December 2006.
Their adoption followed consideration of the Standing Orders Committee’s Review of the Joint Standing Orders of the Parliament of Victoria. The report contained proposed joint standing orders and joint rules of practice as recommended by the Standing Orders Committees of both Houses. Some minor amendments were agreed to by the Houses at the time of adoption.
The Standing Orders for the 56th Parliament are available to download as an Adobe Acrobat format document: Download Legislative Council Standing Orders (PDF 268Kb)
CHAPTER 1 OPENING OF PARLIAMENT AND ADDRESS IN REPLY
1.01 Opening of a new Parliament
1.02 Governor's arrival
1.03 Governor announced by Usher
1.04 Assembly summoned
1.05 Governor’s Speech
1.06 Copy of Speech to President and Speaker
1.07 Opening of a new Session
1.08 Suspension of sitting
1.09 Privilege Bill introduced
1.10 Other business
1.11 Address in Reply to Governor’s Speech
CHAPTER 2 PRESIDENT, DEPUTY PRESIDENT AND ACTING PRESIDENTS
2.01 Election of President
2.02 Conduct of the election
2.03 Procedure when more than one candidate is nominated
2.04 Procedure for resolving tie for smallest number of votes
2.05 Suspension of the sitting
2.06 Procedure following suspension of the sitting
2.07 Procedure where no candidate has a majority
2.08 President takes the Chair
2.09 Deputy President
2.10 Presentation of President to Governor
2.11 Governor’s reply to be reported
2.12 Acting Presidents
2.13 Absence of President
2.14 Absence of Clerk
CHAPTER 3 ATTENDANCE OF MEMBERS
3.01 Every Member to attend sittings of Council
3.02 Leave of absence
3.03 Introduction of new Members
3.04 Allocation of places in Chamber
CHAPTER 4 SITTING AND ADJOURNMENT OF THE COUNCIL
4.01 Days and hours of meeting
4.02 President takes Chair when quorum present
4.03 Lack of quorum
4.04 Special meeting of the Council
4.05 Motion to adjourn moved by Minister
4.06 Interruption of debate
4.07 Extension of sitting
4.08 Adjournment proposed by President
4.09 Business under consideration at time of adjournment
4.10 Daily Adjournment Debate
4.11 Rules relating to the Daily Adjournment Debate
4.12 Adjournment motion proposed by Member
CHAPTER 5 BUSINESS
5.01 Business on opening day
5.02 Order of Business
5.03 Business in final week of year
5.04 Time limits
5.05 Formal business defined
5.06 Order of the Day defined
5.07 Government Business
5.08 General Business
5.09 Special Business
5.10 Points of order or privilege
5.11 Notice Paper
5.12 Condolences
5.13 Statements by Members
5.14 Ministerial Statements
CHAPTER 6 NOTICES, MOTIONS AND ORDERS OF THE DAY
6.01 Notices of Motion
6.02 Moving of notices
6.03 Postponement of notices
6.04 Alteration of notices
6.05 Withdrawal of notices
6.06 Motions without notice
6.07 Seconding of motions
6.08 Withdrawal of motions
6.09 Urgency motions
6.10 Rules relating to urgency motions
6.11 Motions for consideration of statutory instruments
6.12 Consideration of Orders of the Day
6.13 Discharge of Order of the Day
6.14 Discharge of Business from the Notice Paper
6.15 Revival of dropped Motions and Order
CHAPTER 7 QUESTIONS AND AMENDMENTS
7.01 Putting the question
7.02 Question may be divided
7.03 Previous question
7.04 Superseding of question
7.05 Determination of previous question
7.06 Same question not to be proposed again
7.07 Resolution or vote may be rescinded
7.08 Amendment of a question
7.09 Restrictions on moving of amendments
7.10 Debate on an amendment
7.11 Putting of amendments
7.12 Proposed amendment withdrawn
7.13 Amendments to proposed amendments
7.14 Putting of question, when amendments agreed to
7.15 Putting of question, when amendments not agreed to
CHAPTER 8 QUESTIONS SEEKING INFORMATION
8.01 Questions to Ministers or other Members
8.02 Rules relating to questions
8.03 Matter not to be debated in answer
8.04 Questions without notice
8.05 Supplementary questions
8.06 Consideration of answers
8.07 Questions on notice
8.08 Questions may be omitted from Notice Paper
8.09 Question may be altered
8.10 Answers to questions on notice
8.11 Procedure when answers to questions on notice not provided
8.12 Rules relating to answers to questions on notice
CHAPTER 9 TABLING OF PAPERS
9.01 Presentation of papers
9.02 Papers to be delivered to the Clerk
9.03 Papers presented by direction of the Governor
9.04 Papers presented by order of the Council
9.05 Papers presented under Acts of Parliament
9.06 Proclamations fixing operative dates
9.07 Printing of papers
9.08 Motion to take note of paper
9.09 Proceedings on presentation of report of committee
9.10 Statements on reports and papers
CHAPTER 10 PETITIONS
10.01 Petitions may be presented by Members
10.02 Content of petitions
10.03 Forgery of signatures
10.04 Restrictions on petitions
10.05 Time for presenting petitions
10.06 Procedure for presenting petitions
10.07 Questions on presentation
10.08 Petitions complaining of grievances
10.09 Clerk to refer copy of petition to Minister
CHAPTER 11 GOVERNMENT BUSINESS PROGRAM
11.01 Agreement of Government Business Program
11.02 Amendment to Government Business Program
11.03 Completion of Government Business Program –
specified motion
11.04 Completion of Government Business Program –
specified Bill
11.05 Completion of Government Business Program – remaining business
11.06 Completion of Government Business Program –
non-specified business
11.07 Extension of Government Business Program
11.08 Friday sitting to complete Government Business
Program
11.09 Absolute or special majority on third reading
11.10 Points of order and motions
CHAPTER 12 DEBATE
12.01 Order maintained by President
12.02 President to be heard
12.03 Members unable to stand
12.04 President calls Member first observed
12.05 Member may not speak more than once
12.06 Member speaking a second time in explanation
12.07 Member may speak in reply
12.08 Member moving adjournment of debate
12.09 Restriction on motion for adjournment of debate
12.10 No Member to speak after question put
12.11 Point of order
12.12 Personal explanation
12.13 Relevance
12.14 Irrelevance or tedious repetition
12.15 Incorporation of material in Hansard
12.16 Reference to debates in same Session
12.17 Reference to debates in the Assembly
12.18 Anticipating discussion
12.19 Offensive words
12.20 Imputations and personal reflections
12.21 Objection to words
12.22 Interruption of debate
12.23 Closure of debate
12.24 Member called to order
CHAPTER 13 CONDUCT OF MEMBERS
13.01 Intervention of President
13.02 Withdrawal of Members
13.03 Naming of Member
13.04 Procedure after Naming
13.05 Suspension of Members
13.06 Contempt by Members
13.07 Removal of Member from Chamber
CHAPTER 14 BILLS
14.01 Bills initiated in Council
14.02 Irregular Bill
14.03 Bills received from Assembly
14.04 First reading
14.05 Day fixed for second reading
14.06 Second reading
14.07 Incorporation of second reading speech in Hansard
14.08 Adjournment of second reading
14.09 Amendment to question for second reading
14.10 Circulation of amendments
14.11 Procedure following second reading
14.12 Sequence in which Bill to be considered in Committee
of the whole
14.13 Amendments during Committee of the whole
14.14 New clauses proposed during Committee of the whole
14.15 Report from Committee of the whole
14.16 Reconsideration in Committee of the whole
14.17 Third reading
14.18 Third reading requiring absolute or special majority
14.19 When absolute or special majority not obtained
14.20 Bill passed
14.21 Certificate of Clerk
14.22 Bill sent to Assembly
14.23 Assembly amendments
14.24 Consideration of Assembly amendments
14.25 Bill returned to Assembly
14.26 Amendment proposed by Governor
14.27 Governor’s amendment sent to Assembly
14.28 Governor’s amendment transmitted by Assembly
14.29 Consequential renumbering of Bills
14.30 Correction of clerical or typographical errors
14.31 Urgent Bills
14.32 President rules as to Private Bills
14.33 Advertising of objects of Private Bill
14.34 Objection to Private Bill
14.35 Appointment of panel to consider objections to Private Bills
14.36 Cost of Private Bills
14.37 Procedures for Private Bills
CHAPTER 15 COMMITTEE OF THE WHOLE COUNCIL
15.01 Appointment of Committee
15.02 Quorum of Committee of the whole
15.03 Committee to consider only matters referred
15.04 Proceedings in Committee
15.05 Rules of debate in Committee
15.06 Instruction to Committee
15.07 Disorder arising in Committee
CHAPTER 16 LEGISLATION COMMITTEE
16.01 Establishment
16.02 Function
16.03 Membership
16.04 Chair and Deputy Chair to be elected
16.05 Substitute Members
16.06 Referral
16.07 Meetings
16.08 Quorum
16.09 Record of proceedings of Committee
16.10 Quorum or division in Council
16.11 Procedure for consideration of a Bill
16.12 Amendments
16.13 Questions
16.14 Time for reporting
16.15 Form of report
16.16 Presentation of report
16.17 Consideration and adoption of report
16.18 Procedure when Bill reported with no recommended amendments and no amendments proposed
16.19 Procedure when Bill reported with recommended amendments and no other amendments
proposed
16.20 Procedure when Bill reported and amendments
proposed
16.21 Consideration of certain clauses only
16.22 Application of provisions relating to procedural motions
CHAPTER 17 DIVISIONS
17.01 Resolving a question
17.02 Procedure for a division
17.03 Voting by President
17.04 Dissent of one Member only
17.05 Division Lists to be recorded
17.06 Correction of errors in divisions
17.07 Pecuniary interest
17.08 Point of order when dividing
CHAPTER 18 WITNESSES
18.01 Attendance of a Member before the Council
18.02 Attendance of a Member before a Select Committee
18.03 Attendance of Assembly Member or officer
18.04 Summoning a witness
18.05 Witness in custody
18.06 Committee with power may summon witnesses
18.07 Neglect or refusal to attend
18.08 Examination before the Council
18.09 Witnesses entitled to protection
18.10 Evidence of proceedings not to be given elsewhere without leave
18.11 Interference with witnesses and false evidence
CHAPTER 19 MESSAGES FROM AND ADDRESSES TO THE GOVERNOR
19.01 Messages from the Governor
19.02 Addresses to the Governor
19.03 Governor’s answer to Address
CHAPTER 20 RECORDS OF THE COUNCIL
20.01 Custody of records and documents
20.02 Minutes of the Proceedings
20.03 Reproduction of parliamentary documents
20.04 Disclosure of documents and evidence not tabled
20.05 Clerk to keep record of Members’ addresses
CHAPTER 21 BROADCASTING OF PROCEEDINGS
21.01 Transmission and broadcasting of proceedings
21.02 Rules relating to the transmission and broadcasting of
the proceedings
CHAPTER 22 PRIVILEGE AND RIGHT OF REPLY
22.01 Raising matters of privilege
22.02 Right of reply
22.03 If President satisfied as to subject of submission
22.04 President may confer with person seeking right of
reply; must notify and consult with Member
22.05 Content of response in reply
CHAPTER 23 STRANGERS
23.01 Strangers
23.02 Strangers not admitted within the Bar
23.03 Admission of strangers
23.04 Withdrawal of strangers
23.05 Contempt by strangers
23.06 Admission of Assembly Members
23.07 Seat for Speaker within the Chamber
CHAPTER 24 SELECT COMMITTEES
24.01 Appointment
24.02 Number of Members required
24.03 Quorum of Committee
24.04 Appointment of Members
24.05 Chair and Deputy Chair to be elected
24.06 Absence of Chair and Deputy Chair
24.07 Meetings
24.08 Record of proceedings of committee
24.09 Questions
24.10 Power to send for persons, documents and other
things
24.11 Deliberations in private
24.12 Evidence
24.13 Disclosure of evidence and other documents
24.14 Unreported evidence
24.15 Interim reports
24.16 Chair to prepare draft report
24.17 Proceedings on consideration of draft report
24.18 Minority report
24.19 Report presented by Chair
24.20 Sub-committee of a Select Committee
CHAPTER 25 OPERATION AND SUSPENSION OF STANDING
ORDERS
25.01 Practices of Westminster system observed where applicable
25.02 Sessional Orders
25.03 Standing Orders may be suspended
25.04 Urgency – how decided
25.05 Interpretation of “Leave of the Council”
JOINT STANDING ORDERS
1 Communications between Houses
2 Transmission and receipt of messages
3 Long title
4 Bills to be reprinted, if amended
5 Changes to calendar year citations in Bills
6 Errors in Bills
7 Consequential renumbering of Bills
8 Bills subject to a referendum
9 Certification by Clerk of the Parliaments
10 Presentation for Royal Assent
11 Absence of Clerk of the Parliaments
12 Bills returned by Governor with amendments
13 Custody of original Acts
14 Minister sitting in other House
15 Joint Committees
16 Joint Committee documents and evidence not tabled
17 Presentation of Joint Address
18 Changes to Joint Standing Orders
19 Appointment of Chair of joint sitting
20 Clerks of a joint sitting
21 Ballot during a joint sitting
22 General procedure for joint sittings
23 Joint sittings under Commonwealth of Australia Constitution Acts 15
24 Joint sittings under the Tobacco Act 1987 s 21
JOINT RULE OF PRACTICE 1
Joint Sittings held under the Constitution Act 1975 s 65G
JOINT RULE OF PRACTICE 2
Joint Sittings held under the Constitution Act 1975 s 27A
The Standing Orders for the previous Parliament are also available for reference: