Legislative Council Standing Orders - Chapter 16



16.01  Resolving a question

When a question is proposed to the Council by the President, the President will state whether in his or her opinion, the "Ayes" or "Noes" (as the case may be) have it. If a Member challenges the Chair's opinion the question must be resolved by a division.


16.02  Procedure for a division

(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.

(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.

(3)    Every Member present in the Chamber when the question is put with the doors locked will be required to vote.

(4)    When the doors have been locked and all the Members are in their places the President will put the question, and will -

        (a)    direct the "Ayes" to the right side of the Chamber, and the "Noes" to the left side of the Chamber; and

        (b)    appoint two Tellers for the "Ayes" and two Tellers for the "Noes".

(5)    The Clerk or other Table Officer will report the numbers to the President, who will declare the result to the Council.


16.03  Voting by President

The President or the Deputy President or Acting President when in the Chair will in all cases vote by stating to the Council whether they vote with the "Ayes" or "Noes".


16.04  Dissent of one Member only

(1)    If there is only one Member on a side when the doors are locked, the President will forthwith announce the decision to the Council. If, on being asked by the President, that Member expresses a wish for his or her dissent to be recorded in the Minutes of the Proceedings, the Member's dissent will be so recorded.

(2)    If there is only one Member on a side when the doors are locked and any Member expresses his or her desire to have the division recorded in the normal way, the President will direct an officer at the Table to act as second teller for the minority, and the division will be permitted to proceed.


16.05  Division Lists to be recorded

An entry of the Division Lists will be made by the Clerk in the Minutes of the Proceedings.


16.06  Correction of errors in divisions

(1)    In case of confusion or error concerning the numbers reported, unless the same can be otherwise corrected, the Council will proceed to a second division.

(2)    If the numbers have been inaccurately reported to the Council, the President will order the Minutes of the Proceedings to be corrected.


16.07  Pecuniary interest

No Member will be entitled to vote upon any question in which he or she has a personal, pecuniary or direct interest in the matter, and the vote of any Member so interested will be disallowed.  The interest must be direct, personal or pecuniary and separately belonging to the Member and not in common with the public in general or any section of the public or on a matter of State policy.


16.08  Point of order when dividing

While the Council is dividing a Member, while seated, can only speak to a point of order by permission of the President.