Legislative Council

Sessional Orders

(adopted by the Council on 12 February 2015 and amended on 17 March 2015,
15 and 16 April 2015, 31 August 2016, 19 September 2017 and 29 November 2017)

1.    Time limit for lead speakers

For the purposes of Standing Order 5.03, and subject to any agreement to the contrary, additional time provided for other lead speakers does not apply in relation to a party that has advised the President that it is in a coalition arrangement with another party.

2.    Ministers’ Statements

After Standing Order 5.14(6) insert:

(7)   At the conclusion of formal business, and prior to statements by Members under Standing Order 5.13 (where applicable), up to five Ministers may make a Minister’s statement, of up to two minutes per statement, to advise the House of new Government initiatives, projects, and achievements

3.    Questions without notice

Standing Order 8.04 is suspended and the following will apply:

(1)   Questions without notice may be asked at the time prescribed by Standing Order 5.02 when any business before the Council will be interrupted.

(2)   Only non-Government Members may ask oral questions without notice under Standing Order 8.01(2).

(3)   The time allocated for questions without notice will be until a total of nine oral questions (not including related supplementary questions) have been answered.

4.    Constituency questions

(1)   At the conclusion of questions without notice up to ten Members may ask Ministers an oral question relating to a constituency matter.

(2)   The time limit for each Member asking a constituency question is one minute.

(3)   Answers to constituency questions must be given to the Clerk in writing within 30 days of the question being asked.

(4)   A copy of the answer will be given to the Member who asked the question, and all answers will be incorporated in Hansard.

5.    Content of answers

(1)   All answers to questions without notice must be direct, factual, succinct and relevant.

(2)   The President may determine that an answer to an oral question without notice or supplementary question is not responsive to the question, and may accordingly direct the Minister to provide a written response to the question and lodge it with the Clerk by 11.45 a.m. on the next sitting day. A copy of any response provided under this Sessional Order must be given to the Member who asked the question and printed in Hansard.

(3)   The President will determine the adequacy of a written response to a question provided under this Sessional Order. The President may determine that a written response does not appropriately answer the question and may direct the Minister to provide another written response and lodge it with the Clerk by 11.45 a.m. on the next sitting day. A copy of the further response must be provided to the Member who asked the question and printed in Hansard.

6.    Functions (Standing Committees)

Standing Order 23.02(1) to (4) is suspended and the following will apply:

(1)  The Standing Committee on the Economy and Infrastructure will inquire into and report on any proposal, matter or thing concerned with agriculture, commerce, infrastructure, industry, major projects, public sector finances, transport and education.

(2) The Standing Committee on the Environment and Planning will inquire into and report on any proposal, matter or thing concerned with the arts, environment and planning the use, development and protection of land.

(3)  The Standing Committee on Legal and Social Issues will inquire into and report on any proposal, matter or thing concerned with community services, gaming, health, law and justice, and the coordination of government.

(4)   (a)   Legislation Committees may inquire into, hold public hearings, consider and report on any Bills or draft Bills, annual reports, estimates of expenditure or other documents laid before the Legislative Council in accordance with an Act, provided these are relevant to their functions.

(b)   Reference Committees may inquire into, hold public hearings, consider and report on matters that are relevant to their functions.

7.    Appointment of Members (Standing Committees)

Standing Order 23.03(1) is suspended and the following will apply:

(1)   Each legislation and reference committee will consist of eight Members, with three Members from the Government nominated by the Leader of the Government in the Council, three Members from the Opposition nominated by the Leader of the Opposition in the Council, one Member from the Greens nominated by the Leader of the Australian Greens in the Council and one Member from among the remaining Members in the Council nominated jointly by minority groups and independent Members.

8.    Election of Chair and Deputy Chair

Standing Order 23.07(1) to (3) is suspended and the following will apply:

(1)   Each standing committee shall elect one of its members to be chair and one of its members to be deputy chair.

(2)   If a committee cannot resolve the election of its chair and/or deputy chair, either position may be determined by the Council.

9.    Procedure Committee

Standing Order 23.08(3) is suspended and the following will apply:

(3)   The Committee shall consist of eight Members with five Members to be the quorum.

10.  Privileges Committee

Standing Order 23.08(3) is suspended and the following will apply:

(3)   The Committee shall consist of eight Members with five Members to be the quorum.

11.  Days and hours of meeting
Standing order 4.01(1)(a) is suspended to the extent necessary to provide that the day and hour of meeting of the Council will be at 12.00 p.m. on a Tuesday.

12.  Interruption of debate
Standing Order 4.07(1)(a) is suspended to the extent necessary to provide that the President will interrupt the business before the House at 6.30 p.m. on a Tuesday.

13.  Order of business
Standing Order 5.02(1) is suspended and the following order of business will apply on Tuesday:
  Messages
  Formal Business
  Ministers' Statements (up to 5 Ministers)
  Members' Statements (up to 15 Members)
  Government Business
  At 2.00 p.m. Questions
  Answers to Questions on Notice
  Constituency Questions
  Government Business (continues)
  At 6.30 p.m. Adjournment (up to 20 Members)

14.  Time limits - General Business
The following time limits will apply to General Business:
  Mover/Sponsor                                               60 minutes
  Main Government party lead speaker            60 minutes
  Other lead speakers                                       45 minutes
  Remaining speakers                                       15 minutes

15.  Video on Demand

(1) Council Members and Parliamentary Officers (authorised by the Clerk or the Secretary of the Department of Parliamentary Services) may republish audio-visual proceedings of the Council that are provided by the Hansard broadcast archive.

(2) Audio-visual proceedings republished under this Sessional Order are subject to the following conditions:

      (a)  the material must only be used for the purposes of fair and accurate reports of proceedings and must not in any circumstances be used for —

      (i)  satire or ridicule; or

                   (ii)  commercial sponsorship or commercial advertising;

       (b)   broadcast material must not be digitally manipulated;

(c)   excerpts of proceedings are to be placed in context so as to avoid any misrepresentation; and

(d)   remarks withdrawn are not to be rebroadcast unless the withdrawal is also rebroadcast.

16.  Quorum of Committee of the whole

Standing Order 15.02(2) is suspended and the following will apply:

(2)   If notice is taken in Committee of the whole that a quorum of Members is not present the bells will be rung as for a division and if, at the expiration of four minutes or on a division, it appears that a quorum of Members is not present, the Deputy President will leave the Chair and the President will resume the Chair.

17.  Procedure for a division

Standing Order 16.02(1) is suspended and the following will apply:

(1)  Immediately a division has been demanded, the Clerk will ring the bells for four minutes and the doors will not be closed until that time. When successive divisions are taken, and there is no intervening debate, the bells for the ensuing divisions will be rung for one minute only.

        Standing Order 16.02(2) is suspended and the following will apply:

(2)  At the expiration of four minutes the doors will be closed and locked, and no Member will enter or leave the Chamber until after the result of the division has been declared.

The foregoing provisions of this resolution, so far as they are inconsistent with the Standing Orders or practices of the Council, will have effect notwithstanding anything contained in the Standing Orders or practices of the Council.

Schedule of Amendments

Last Updated: Wednesday, 20 December 2017 10:33