Legislative Council Standing Orders - Chapter 13

CHAPTER 13 - CONDUCT OF MEMBERS

 

13.01  Intervention of President

(1)    The President may intervene -

        (a)    to prevent any quarrel between Members during sittings of the Council;

        (b)    when a Member's conduct is considered offensive or disorderly.

(2)    When the President's attention is drawn to the conduct of a Member, the President will determine whether or not it is disorderly.

 

13.02  Disorderly conduct - Member ordered to withdraw

(1)    If the President considers the conduct of a Member to be disorderly, he or she may order the Member to withdraw from the Chamber for up to a maximum period of 30 minutes which order will not be open to debate or dissent.

(2)    Such suspension will not prohibit a Member from returning to the Chamber for the purpose of voting in a division.

(3)    If a Member is ordered to withdraw under Standing Order 13.02(1) and the sitting concludes before the expiration of the time ordered by the Chair, the Member will not take his or her seat in the Chamber on the next sitting day until after the remainder of the time has expired, to be calculated from the end of the ringing of the bells.

(4)    If a Member does not immediately withdraw from the Chamber when ordered to do so under Standing Order 13.02(1), the President may name the Member pursuant to Standing Order 13.03.

 

13.03  Disorderly Conduct - Member named

(1)    A Member's conduct will be considered disorderly for -

        (a)    wilfully and persistently interrupting or making a disturbance during the sitting of the Council; or

        (b)    disorderly conduct; or

        (c)    using offensive words and refusing to withdraw the same or behaving offensively and refusing to make a satisfactory apology; or

        (d)    wilfully and persistently refusing to conform to the Standing Orders; or

        (e)    wilfully disregarding the authority of the Chair; or

        (f)     refusing to withdraw pursuant to Standing Order 13.02.

(2)    The President may require any Member offending under this Standing Order to make an explanation or apology.  

(3)    The President may name any Member for disorderly conduct under this Standing Order.

 

13.04  Procedure after Naming

(1)    If any Member is named by the President under Standing Order 13.03 the President will put the question "That such Member be suspended from the service of the Council during the remainder of the sitting (or for such period as the Council may think fit)".

(2)    The motion may not be amended, adjourned or debated.

(3)    Any Member suspended under this Standing Order will immediately withdraw from the Council Chamber.

 

13.05  Consequences of suspension

(1)    A Member who is ordered to withdraw pursuant to Standing Order 13.02 or who is suspended pursuant to Standing Order 13.04 will not enter the Council Chamber or all its galleries during the period of the suspension.

(2)    This Standing Order does not deprive the Council of any other powers it may have to proceed against a Member.

 

13.06  Discharge of suspension

The Council may on motion without notice and determined without amendment or debate discharge an order of suspension under Standing Order 13.04 if the Member makes a satisfactory apology in writing to the Council.

 

13.07  Contempt by Members

Any Member who disobeys an order of the Council may be declared guilty of contempt by the Council.

 

13.08  Removal of Member from Chamber

If a Member refuses to follow any order of the Council or any direction of the President, the President may order the Usher of the Black Rod to remove the Member from the Chamber.