Legislative Council Standing Orders - Chapter 2

CHAPTER 2 - PRESIDENT, DEPUTY PRESIDENT AND ACTING PRESIDENTS

 

2.01    Election of President

Members must elect a President at the opening of every Parliament immediately after they have been sworn or made an affirmation.  If the office of President becomes vacant at any other time, no business may be transacted until a new President is elected.

 

2.02    Conduct of the election

(1)    The Clerk will conduct the election of the President.

(2)    The Clerk will ask whether there are any nominations.

(3)    A Member, addressing the Clerk, will nominate a Member who is present to be President. The nomination must be seconded. The Member nominated will indicate whether the nomination is accepted.

(4)    The Clerk must allow adequate time for nominations to be made and seconded.

(5)    If only one Member is nominated and seconded as President, the nominee will then be taken out of his or her place by the proposer and seconder and conducted by them to the Chair.

 

2.03    Procedure when more than one candidate is nominated

(1)    If more than one Member is nominated and seconded as President an open vote will be held.

(2)    The Clerk will announce the name of each candidate in turn and ask Members who support that candidate to stand in their places. All Members present in the Chamber must vote but will be entitled to vote for only one of the candidates.

(3)    If there are only two candidates, the candidate with the greater number of votes will be declared elected, taken out of their place by the proposer and seconder and conducted by them to the Chair.

(4)    If there are more than two candidates, and no candidate outpolls all the others, the candidate with the smallest number of votes will be eliminated and a further open vote will be held.

(5)    Additional open votes will be held until only two candidates remain when a final vote will be taken. The candidate with the greater number of votes will be declared elected, taken out of their place by the proposer and seconder and conducted by them to the Chair.

 

2.04    Procedure for resolving tie for smallest number of votes

(1)    If there is a tie for the smallest number of votes, and the combined total of the tied votes is less than the number of votes cast for the next lowest candidate, the candidates with the smallest number of votes will be eliminated.

(2)    If Standing Order 2.04(1) does not apply, two open votes may be held and if two candidates remain tied for the smallest number of votes, the Clerk will determine by lot which of those candidates will be eliminated from any further vote.

 

2.05    Suspension of the sitting

If the Council is unable to resolve any question relating to the election of the President, the Clerk, after consultation with the party leaders, may suspend the sitting for up to one hour, for that or any other reason that he or she thinks appropriate.

 

2.06    Procedure following suspension of the sitting

(1)    Upon resumption of the sitting the Clerk will again ask whether there are any nominations.

(2)    The Clerk will conduct the election pursuant to Standing Orders 2.02, 2.03 and 2.04.

(3)    In the event that the Council is again unable to resolve any question relating to the election of the President no further suspension will be permitted.

 

2.07    Procedure where no candidate has a majority

If the vote is tied between the two final candidates, the Clerk will call for a second open vote between them and, if the result is the same, the candidate nominated by the Government will be declared elected as President and, notwithstanding the provisions of Standing Order 2.09, the candidate nominated by the Opposition will be declared elected Deputy President.

 

2.08    President takes the Chair

Having been conducted to the Chair, the Member elected will return his or her acknowledgements to the Council for the honour conferred upon him or her, and take the Chair.

 

2.09    Deputy President

(1)    The election of a Deputy President is governed by Standing Orders 2.03 to 2.06, except that the President presides over the election.

(2)    In the event of a tied vote for the election of Deputy President, the Opposition candidate will be declared elected if the Government's candidate has been declared elected as President.

(3)    The Deputy President will continue to act in that position until the next election of Members of the Council.  The Deputy President will take the Chair whenever requested to do so by the President during a sitting of the Council, without any formal communication to the Council.

 

2.10    Presentation of President to Governor

Before proceeding to any other business, the President, with such Members of the Council who wish to accompany him or her, will present himself or herself to the Governor as the choice of the Council.

 

2.11    Governor's reply to be reported

The President will report to the Council any reply that may be made by the Governor.

 

2.12    Acting Presidents

At the commencement of every Session the President will nominate a panel of not less than two Members who will preside in the Council and in Committee of the whole Council whenever requested to do so by the President or Deputy President. The President may from time to time during the Session make changes to the panel.

 

2.13    Absence of President

During any absence of the President, the Deputy President will perform the duties and exercise the authority of the President in relation to all proceedings of the Council until the return of the President or until the Council decides otherwise.

 

2.14    Absence of Clerk

In the absence of the Clerk, the Deputy Clerk or such other officer nominated by the President will perform his or her duties at the Table.