JOINT RULE OF PRACTICE 2

JOINT RULE OF PRACTICE 2

Joint sittings held under the Constitution Act 1975 s 27A

Application of standing orders

 

(1)

In any matter of procedure not provided for in these rules of procedure, the standing orders of the Legislative Assembly, in force for the time being, will be followed as far as they can be applied.

 

 

 

Relief of Chair

 

(2)

A Presiding Officer, the Deputy Speaker or the Deputy President will take the Chair as Acting Chair whenever requested so to do by the Chair without any formal communication.

 

 

 

Time limit on speeches

 

(3)

No member may speak for more than five minutes on any question.

 

 

 

Nominations

 

(4)

A member, addressing the Chair, may propose a person to occupy the vacant seat in the Legislative Council and any such proposal must be seconded. When a person is nominated, the proposer must state that such person is willing to accept nomination and whether the Constitution Act 1975 s 27A(4) applies.  This process is repeated, if necessary, until there are no further nominations, at which point the Chair declares that nominations are closed.

 

 

 

Questions to be proposed

 

(5)

The Chair will put the question 'That [nominee] be chosen to occupy the vacant seat in the Legislative Council' in relation to the person first nominated. If that motion is not agreed to in accordance with Constitution Act 1975 s 27A(7), the Chair will then put the question in relation to the next person nominated. This procedure will be repeated, as necessary, for any other nominees in the order in which they were nominated.

 

 

 

Entitlement to vote

 

(6)

On every question arising in a joint sitting each member of the Legislative Assembly and of the Legislative Council, including the Chair, will have one vote.

 

 

 

Sitting and adjournment

 

(7)

A motion for the adjournment of the joint sitting may be moved by a minister and will be put immediately without amendment or debate.

 

(8)

A motion for the purpose of fixing the next meeting of the joint sitting may be moved by a minister at any time provided that there is no question before the Chair.

 

 

 

Voting on questions

 

(9)

Questions, other than for the purpose of Constitution Act 1975 s 27A(5) will be decided by a simple majority of the members present and voting.

 

(10)

In the event of an equality of votes on a question, the question is taken to have been defeated.

 

(11)

After completion of the vote, the Chair will declare the person chosen to hold the vacant seat in the Legislative Council.

 

(12)

The Chair will advise the Governor of the name of the person chosen to fill the vacancy.

 

 

 

Divisions

 

(13)

(a)

Whenever the Chair states, on putting a question, that the 'ayes' or 'noes' (as the case may be) have it, the Chair's opinion may be challenged by a member calling for a division.

 

 

(b)

When a division is requested, the Clerk will ring the bells for three minutes as indicated by the timer.

 

 

(c)

When the bells have stopped ringing, the Chair calls for the doors to be locked.  After that a member must not leave the Chamber until after the division has been completed.

 

 

(d)

When successive divisions are taken without any intervening debate, the Chair will direct that the bells be rung for one minute.

 

 

(e)

After the doors are locked the Chair restates the question and directs the ayes to the right side of the Chamber and the noes to the left side of the Chamber.  The Chair appoints two or more tellers for each side.

 

 

(f)

Votes may only be cast by members present in the Chamber and every member present must vote.

 

 

(g)

If two tellers cannot be found for one side of the question, the Chair must immediately declare the resolution of the joint sitting.

 

 

(h)

The tellers count the votes and record the members' names.  On receiving a report from the tellers, the Chair announces the result to the joint sitting.

 

 

 

Records of proceedings

 

(14)

The records of the proceedings and the ballot papers will be retained by the Clerk of the Parliaments who will destroy the ballot papers after one year.