Role of
the Speaker

INTRODUCTION

The Victorian Parliament has its basis in the British Westminster model of parliamentary practice.

Therefore the following statement of the British House of Commons' practice states succinctly the principal functions attached to the Office of Speaker which apply equally to the Office of Speaker of the Victorian Legislative Assembly:

The Speaker of the House of Commons is the representative of the House itself in its powers, proceedings and dignity. The Speaker's functions fall into two main categories. On the one hand the Speaker is the spokesperson or representative of the House in its relations with the Crown, the House of Lords and other authorities and persons outside Parliament. On the other hand, they preside over the debates of the House of Commons and enforces the observance of all rules for preserving order in its proceedings.

Upon election, the Speaker becomes the House's principal officer. The Speaker is supported and assisted by the elected Deputy Speaker.

The Speaker is also known as the Presiding Officer of the Legislative Assembly.

The Speaker's term of office continues (beyond the Parliament) until and including the day before the election of his successor (Constitution Act, s.24).

The Speaker has the constant support and advice of the principal permanent officers of the House, the Clerk, the Deputy Clerk, the Assistant Clerk Committees, and the Serjeant-at-Arms, who in turn have the support of officers in the areas for which they are responsible.  These officers are not elected Members, rather they are permanent, bi-partisan staff of the Parliament.

In the order of precedence, the presiding officers rank after the Governor and the Premier, with the President of the Legislative Council preceding the Speaker unless the Speaker has served in the office for a greater period than the President.

POWERS, FUNCTIONS AND DUTIES

The Speaker's powers, functions and duties may be categorised as constitutional, traditional and ceremonial, statutory, procedural and administrative.

Constitutional

As well as providing for a Speaker, the Constitution prescribes certain powers and duties exercisable by the Speaker.  These include:

• Responsibility for the issue of a writ for the election of a new Member whenever a vacancy occurs in the Legislative Assembly between General Elections;

 
• The Speaker is commissioned by the Governor to administer the oath or affirmation of allegiance to any Member not present at the opening of Parliament and to new Members elected during the course of a Parliament;

 
• If the number of votes on a question before the House is equal, the Speaker exercises a casting vote; and

 
• A Member who wishes to resign his/her seat does so in writing addressed to the Speaker. Such resignation cannot nominate some date in the future for the resignation being effective. A resignation is effective the moment it is received by the Speaker.

Traditional and Ceremonial

The most traditional of the Speaker's duties is as the sole representative of the House in its relations with the Crown's representative, the Governor. The Speaker is, likewise, the House's representative in communications with the Legislative Council and outside persons in the transmission and receipt of messages, documents or addresses.

The Speaker, upon election, usually suspends the sitting until the ringing of the bells (2.25pm approx) and invites Honourable Members to make their way to the Library at a predetermined time when the Speaker will present themselves to the Governor.

At an Opening of Parliament, either a new Parliament or a new Session (following prorogation), the Governor summons Members of the Assembly to hear the Governor's speech. After the summons has been delivered by the Usher of the Black Rod, the Speaker invites Honourable Members to accompany him or her and proceeds to the Legislative Council Chamber. The Speaker is formally presented with a copy of the Governor's Speech. This Speech is reported to the House after it has transacted some business, usually the 'Privilege Bill'.

When the Address-in-Reply to the Governor's Speech is to be presented, the Speaker presents the Address, accompanied by the Clerks and Honourable Members.

At the commencement of each Sitting day, the Speaker reads the Lord's Prayer.

Statutory

In addition to constitutional functions, the Speaker has specific functions laid down by a number of Acts including swearing in certain office-holders, eg. Ombudsman, Public Advocate, Electoral Commissioner

Procedural

The Speaker presides over the debates of the House and ensures that they are conducted according to the formal procedures but does not normally participate in debates.

The duties performed in the Chair are probably the Speaker's most important and onerous. One of the duties is to ensure that the rules of parliamentary procedure as embodied in the standing orders and practice are accurately and correctly interpreted and applied.

• The Speaker interprets the standing orders, deals with points of order when they are raised and gives rulings when called upon to do so.

 
• The Speaker calls upon Members wishing to speak.

 
• The Speaker is responsible for maintaining order.

 
• The Speaker may make statements or announcements to the House when necessary

Powers and Functions under the standing orders

In addition to generally maintaining order in the Chamber and interpreting standing orders, the Speaker has many powers and functions under the standing orders: -

Discretionary Powers

The Speaker's powers are augmented by a number of discretionary powers, which include: -

• providing access to records of the House

 
• determining when there is a need for a quorum to be formed

 
• allocating the call to Members desiring to speak in the House

 
• determining whether words used are offensive or disorderly

 
• determining if a Member's arguments are irrelevant or tediously repetitious

 
• determining if a motion is an abuse of the orders and forms of the House, or is moved for the purpose of obstructing business

 
• determining whether a prima facie case of breach of privilege has been made out

 
• amending notices

 
• directing the wording of a question to be altered if it seems to be unbecoming or not in conformity with the standing orders

 
• giving an opinion as to whether the majority of the voices were 'Aye' or 'No'

 
• disallowing any motion or amendment which is substantially the same as any question which has already been resolved in that session

 
• giving permission for non-Members to inspect and copy papers presented to the House but not printed

 
• call the House together after a period of adjournment (in accordance with Resolution agreed to prior to adjournment - practice is for the Speaker not to act on their own initiative but to wait for advice from the Government)

 
• ruling on admissibility of reasoned amendments

The Speaker may suspend the sitting:

• for the lunch or dinner break or in order to obtain a quorum;

 
• in the case of grave disorder;

 
• after election while he or she presents themselves to the Governor

Administrative

Departmental Responsibilities

The Speaker is in effect 'Minister' for the Department of the Legislative Assembly and, in collaboration with the Clerk of the Assembly, oversees all major policy decisions and development. The Speaker, jointly with the President, oversees the Department of Parliamentary Services which provides support services and resources to members and electoral staff and the parliamentary departments.

In addition, each House Department administers a number of Joint Investigatory Committees and the presiding officers are responsible for their administration and finances.

The estimates for expenditure by each Department and Joint Investigatory Committee are considered by the relevant presiding officer and together they negotiate the parliamentary budget with Treasury.

Services to Members

Members receive an electorate service entitlement which is administered by the Department of Parliamentary Services but which is overseen jointly by both presiding officers. The Parliamentary Salaries and Allowances Act is the relevant legislation.

In administering these allowances, the Speaker is ultimately responsible for policy and for dealing with matters of some sensitivity to Members.

Control over Parliament House

The Gardens, Refreshment Rooms and major building maintenance is the responsibility of the House Committee and, as such, is generally regarded as the Speaker's domain.

Ex Officio Committees and Associations

The Speaker is traditionally a member and, in practice, always the chair of the Standing Orders Committee.

The Speaker and the President are also joint chairs of the Commonwealth Parliamentary Association (Victoria Branch)

Dignitaries and Delegations

Traditionally the presiding officers, on behalf of the Parliament, entertain visiting dignitaries and delegations. This will include hosting functions for overseas delegations and meeting newly appointed ambassadors from other countries.