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Legislative Assembly of VictoriaStanding OrdersandJoint Standing Orders andJoint Rules of Practiceof the Parliament of VictoriaOctober 2010
Standing OrdersThe standing orders of the Legislative Assembly were adopted by resolution of4 March 2004, to be operational from 29 March 2004, with all previous standingorders being repealed from that date.Their adoption followed consideration of the Standing Orders Committee’sReport on the Modernisation of Standing Orders. That report included crossreferences between the proposed standing orders and the then current standingorders. Some amendments were made to the proposed standing orders at the timeof adoption.The last edition of the previous standing orders was published in 1996 andincluded a history of all amendments made since 1857.See the Schedule of Amendments for details of changes since 2004.Joint Standing Orders/Joint Rules of PracticeThe joint standing orders and joint rules of practice of the Parliament wereadopted by the Legislative Assembly on 9 August 2006 and by the LegislativeCouncil on 22 August 2006. They are operational from the first sitting day ofthe 56th Parliament.Their adoption followed consideration of the Standing Orders Committee’sReview of the Joint Standing Orders of the Parliament of Victoria. The reportcontained proposed joint standing orders and joint rules of practice asrecommended by the Standing Orders Committees of both Houses. Some minoramendments were agreed to by the Houses at the time of adoption.ii
CONTENTSTABLE OF CONTENTS .1STANDING ORDERS.9SUMMARY OF TIME LIMITS .94JOINT STANDING ORDERS .99JOINT RULES OF PRACTICE .111SCHEDULE OF AMENDMENTS.119INDEX.121iii
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TABLE OF CONTENTSStanding OrdersChapter 1 — General Rule1Relationship with other orders and practices. 9Chapter 2 — Opening of Parliament2345Opening of a new Parliament . 10Opening of a new session . 11Governor’s speech . 11Resumption of business after the suspension . 11Chapter 3 — Speaker, Deputy Speaker and Acting Speakers678910111213141516171819202122When Speaker to be elected .12Chairing the election.12Nominations .12Withdrawal of candidate .13Voting procedure .13Counting the votes.14Restriction on discussion of other matters.14Identifying the successful candidate .15Resolving tie of two candidates for first place.15Resolving tie for smallest number of votes .16Preservation of voting papers .17Speaker takes the Chair .17Election of a Deputy Speaker .17Temporary relief of Speaker .17Panel of Acting Speakers .17Absence of Speaker .18Electing an Acting Deputy Speaker .18Chapter 4 — Attendance and Places of Members2324252627Introduction of new members .19Front benches .19Allocation of seats .19Notification of absence .19Members list .191
Chapter 5 — Sittings and Adjournment of the House282930313233Initial quorum .20Lack of quorum in the House.20Disposal of business on adjournment for lack of quorum .20When the House may adjourn .21Interruption at 10.00 pm for adjournment .21Adjournment debate .22Chapter 6 — Business34353637383940414243Precedence of government business .23Business not on opening day .23Order of business .24Other business during MPI time .24Grievance debate .25Matters of public importance .25Statements by members.27Statements on parliamentary committee reports .27Condolences .28Ministerial statements.29Chapter 7 — Petitions444546474849505152Procedure for presenting petitions.30Content of petitions.30Attachments to petitions .31Offence to add names of others .31Time for presenting petitions .31Reading of petitions.31Clerk announces petitions .32Dealing with petitions.32Copy of petition to responsible minister.32Chapter 8 — Questions Seeking Information5354555657582Questions to ministers or other members.33Questions on notice.33Question time .33Language of questions .34Content of questions.35Content of answers.35
Chapter 9 — 18283848586Introduction of a bill .36Irregular bill to be withdrawn.36First reading and printing of a bill .36Question for second reading .36Reasoned amendment to second reading.36Circulation of amendments.37Procedure following second reading.37Sequence in which bill to be considered in detail .37Amendments during consideration in detail.38No discussion of select committee proceedings.38Reconsideration in detail .39Certificate of Clerk .39Third reading .39Amendments to third reading .39Adjourning the third reading .39Bill passed .39Consequential renumbering of bills .39Message sent to Council .39Amendments received from Council.40Consideration of Council amendments.40Governor’s amendment .41Bills from previous session .41Corrections to bills .41Bills altering Constitution .41Speaker may rule that a bill is a private bill .42Objection to private bill .42Promoter of private bill to pay for its cost.42Procedures for private bills .43Chapter 10 — Financial Procedures87888990919293Introduction of finance bills .44Appropriation proposals to be recommended.44Limitation on amendments increasing appropriation .44Proposing a tax .44Divisions in schedule to Appropriation Bill .44Presentation of Appropriation Bills.45Council’s powers to impose fees .453
Chapter 11 — Government Business Program949596979899100101102Agreement of program.46Amendment to program.46Circulation of amendments under the program .47Interruption at completion time .47Specified business or bill at the interruption .48Non-specified business or bill at the interruption .49Procedure for remaining items .49Where questions cannot be combined .50Points of order and motions.50Chapter 12 — Rules of 7118119120121122123Members to stand.51Member’s right to speak .51When members can no longer speak .51Motion that a member be no longer heard.51No referring to debate in Council .52No member to be referred to by name.52Keeping to the subject .52Irrelevant material or tedious repetition .52Speaking rights of member moving the adjournment .53Member may not speak twice.53Reply closes debate .53Interrupting debate .53Order to be maintained by the Speaker.54Speaker to be heard .54Entry to Chamber .54Imputations and personal reflections .54No offensive language against other members .54Objection to words.54Moving around the Chamber .55Members not to read newspapers .55Personal explanations .55Chapter 13 — Disorder1241251261271284Chair ordering member to withdraw.56Naming a member .56Procedure following naming .57Suspension of member following naming .57Directions to Serjeant-at-Arms .57
129 Grave disorder.57130 Contempt.57Chapter 14 — Time Limits131 Time limit of speeches.58132 Right of reply to debate .59Chapter 15 — Limitation on Debate133134135136137138139Declaration of urgent bill.60Declaration of urgent motion .60Debate on allotment of time.61Time set for urgent bills and motions.61Proceedings to conclude at a set time.61Precedence of urgent bill or motion .61Urgent bill or motion not to be interrupted .62Chapter 16 — Notices of Motion140141142143144145146Giving notice.63Consecutive notices .63Giving notice for another member .63Another member moving a member’s motion.63Notice lapses .64Leave for tabling without notice .64Precedence of notices of motion .64Chapter 17 — Motions and Questions147148149150151152153154155156Order of the day defined.65Consideration of orders of the day.65Further consideration of motions or orders.65Precedence of motions.65Motion on disallowance of subordinate legislation.65Rules relating to motions .66Putting the question.66Restrictions on further motions.66Closure motions.67Rescission .67Chapter 18 — Amendments, General Principles157 Motion to amend.68158 Procedure for inserting, adding or omitting words .69159 Substituting words .695
160 Order of moving amendments to figures .69161 Main motion.69Chapter 19 — Divisions162163164165166167168169170Resolving a question .70Party vote unless a conscience issue.70Procedure for a division.70Procedure for a party vote .70Procedure for a personal vote .71Casting vote .72Points of order .72Error in tally .72Pecuniary interest.72Chapter 20 — Tabling of Documents171172173174175176177Orders for documents and records .73Documents from the Governor .73Other methods of tabling documents.73Documents presented by member.73Documents to be given to Clerk .73Documents not presented under an Act .73Printing of documents.74Chapter 21 — Messages and Addresses178179180181182Agreeing to an address proposed by the Council .75Addresses to the Governor.75Addresses to the Sovereign .75Message announced by Speaker or Chair .75Governor’s answer to an address.75Chapter 22 — Strangers183184185186When strangers not allowed .76Withdrawal of strangers.76Discipline of strangers .76Discharge of a person arrested .76Chapter 23 — Witnesses1871881891906Attendance of member before the House.77Attendance of member before a select committee .77Request for Council member or officer to attend .77Summoning a witness .77
191192193194195196197198199200Witness in prison .77Select committee summons procedure .77Failure or refusal to attend.78Oath.78Examination before the House .78Evidence of witnesses protected .78Officers not to give evidence without leave .78Council request for Assembly member or officer to attend .78Information regarding improper conduct of a member.79Interference with witnesses and false evidence .79Chapter 24 — Select 14215216217218219220221222223224225226Appointment .80Number of members.80Quorum .80Speaker and Deputy Speaker to consent .80Notice for appointment of a select committee.80Ballot for appointment to select committee.80Members discharged and added .81List of members .81Meetings of select committees .81Election of Chair and Deputy Chair .82Absence of Chair and Deputy Chair .82Casting vote .82Quorum .82Power to send for persons, documents and other things.83Subcommittee of a select committee.83Deliberations in private .83Disclosure of evidence and other documents.83Unreported evidence .84Recording of evidence.84Record of proceedings of committee .84Chair to prepare draft report .84Proceedings on consideration of draft report.84Minority report .85Report tabled .85Interim reports .85Report of Standing Orders Committee .85Chapter 25 — Citizen’s right of reply227 Citizen’s right of reply procedure .867
Chapter 26 — Records of the House228229230231Votes and Proceedings .89Reproduction of parliamentary documents .89Printing and distribution of documents.89Documents and evidence not tabled .89Chapter 27 — Broadcasting of proceedings232 Broadcasting rules.91Joint Standing nication between the Houses .99Transmission and receipt of messages .99Long title.99Bills to be reprinted, if amended .99Changes to calendar year citation in bills .99Errors in bills.100Consequential renumbering of bills .100Bills subject to a referendum .100Certification by Clerk of Parliaments.100Presentation for royal assent.101Absence of Clerk of the Parliaments .101Bills returned by Governor with amendments.101Custody of original Acts.101Minister sitting in other House .101Joint committees.101Joint committee documents and evidence not tabled .102Presentation of joint address .103Changes to joint standing orders .103Appointment of Chair of joint sitting .103Clerks of a joint sitting .104Ballot during a joint sitting.104General procedure for joint sittings.106Joint sittings under Commonwealth of Australia Constitution Act s 15 .108Joint sittings under the Tobacco Act 1987 s 21 .109Joint Rules of Practice128Joint sittings held under the Constitution Act 1975 s 65G .111Joint sittings held under the Constitution Act 1975 s 27A.115
CHAPTER 1 — GENERAL RULE1Relationship with other orders and practicesIn all cases that are not provided for in these standing orders or bysessional or other orders, or by the practice of the House, the Speakerwill determine the matter after reference is made to the rules, formsand practices of parliaments operating under the Westminster system,insofar as they may be applicable.9
CHAPTER 2 OPENING OF PARLIAMENT2Opening of a new ParliamentOn the first day of a new Parliament the proceedings will be:(1) Members meet at the time and place specified in the Governor’sproclamation.(2) The Clerk reads the proclamation.(3) The Commissioner appointed by the Governor for swearingmembers is announced by the Serjeant-at-Arms, theCommissioner delivers the Commission to the Clerk, and theClerk reads the Commission.(4) The Clerk reads the general election writ, which lists themembers elected.(5) Members then make and subscribe the oath or affirmation ofallegiance in accordance with the Constitution Act.(6) The House elects a Speaker.(7) The House elects a Deputy Speaker.(8) The Premier informs the House of the time at which theGovernor will be advised of the Speaker’s election and thesitting is suspended until a time after that presentation. Othermembers may accompany the Speaker to the presentation.(9) The Speaker reports the presentation to the House and the Houseawaits a message from the Governor.10
3Opening of a new sessionOn the first day of a
The standing orders of the Legislative Assembly were adopted by resolution of 4 March 2004, to be operational from 29 March 2004, with all previous standing orders being repealed from that date. Their adoption followed consideration of the Standing Orders Committee’s Report on the Modernisation of Standing Orders. That report included cross-
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