Standing orders: Council

On the first day of the meeting of a new Parliament the proceedings will be —

(1)     Members meet at the appointed time and place specified in the Governor’s proclamation.

(2)     The Clerk reads the proclamation convening Parliament.

(3)     The Usher of the Black Rod announces a Commissioner from the Governor appointed to open Parliament.

(4)     The Clerk reads the Commission appointing the Commissioner to open Parliament.

(5)     The Clerk reads the Commission for swearing members, issued by the Governor to the Commissioner.

(6)     The Clerk reads the returns to the writ for the election of members to the Council.

(7)     Members elected pursuant to such writ will be sworn or affirmed as prescribed by the Constitution Act 1975.

(8)     The Commissioner informs members that the Governor will at a future time outline the reasons for calling Parliament together, and requests that members proceed to the election of their President.

(9)     The Commissioner withdraws from the Council Chamber.

(10)   The Council proceeds to the election of a President, following which the President takes the Chair, reads the Lord’s Prayer and makes an Acknowledgement of Country.

(11)   The Council then elects a Deputy President.

(12)   The President informs the Council of the time that the President will present to the Governor accompanied by other members who may wish to attend.

(13)   The sitting will then be suspended.

When the Council meets after the suspension of the sitting the President takes the Chair and the Council awaits the arrival of the Governor.

The Usher of the Black Rod announces the arrival of the Governor at the Council Chamber and conducts the Governor to the Chair. The President leaves the Chair and takes one to the right of the Governor.

The Governor will direct the Usher of the Black Rod to require the immediate attendance of the Assembly in the Council Chamber. Seats will be provided on the floor of the Chamber for the Speaker and such other members of the Assembly as determined by the President. Accommodation will be provided for remaining members of the Assembly in the lower galleries of the Chamber.

When the Speaker and members of the Assembly have come to the Council Chamber, the Governor will make the Governor’s speech.

At the conclusion of the Governor’s speech the President and the Speaker will each be given a copy of the speech and the Governor will withdraw from the Council Chamber.

On the first day of the meeting of a new Session not following a dissolution —

(1)     Members meet at the appointed time and place specified in the Governor’s proclamation.

(2)     The Clerk reads the proclamation convening Parliament.

(3)     The Council awaits the arrival of the Governor.

(4)     Standing Orders 1.03 to 1.06 apply in relation to the arrival of the Governor, the summoning of the Assembly to the Council Chamber and the Governor’s speech.

(5)     The President will then take the Chair, read the Lord’s Prayer and make an Acknowledgement of Country.

The sitting will then be suspended for an appropriate time.

When the Council meets after the suspension of the sitting the following business will be conducted —

(1)     Questions.

(2)     Formal business to re-assert and maintain the rights of the Council.

(3)     The President reports the Governor’s speech to the Council.

(4)     A motion for the address in reply to the Governor’s speech pursuant to Standing Order 1.10.

(5)     Any other business.

(1)     When the Governor’s speech has been reported by the President, a motion for an address in reply to the speech will be made and seconded. The Council will resolve to agree to the address with or without amendment.

(2)     Unless otherwise ordered, the debate on the address in reply will take precedence over all other business except questions, formal business, special business, and urgent bills.

(3)     When the address in reply has been agreed to, a motion will be moved that the address be presented to the Governor by the President accompanied by such members who may wish to attend.

(4)     The President will report to the Council the Governor’s response to the Council’s address in reply.

(1)     Members must elect a President at the opening of every Parliament immediately after they have been sworn or affirmed. 

(2)     If the office of President becomes vacant at any other time, no business may be transacted until a new President is elected. A minimum
one-hour notice period is required of a President’s intention to vacate the position, where applicable.

(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 their place and conducted to the Chair.

(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 and conducted 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)     Further 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 and conducted to the Chair.

(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.

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

(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.

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 as Deputy President.

Having been conducted to the Chair, the member elected will return acknowledgements to the Council for the honour conferred upon them and will take the Chair.

(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 or until they vacate the position. 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.

(1)     At an opening of a new Parliament, before proceeding to any other business, the President, with such members of the Council who wish to attend, will present to the Governor as the choice of the Council.

(2)     At any other time during a Session, the President will present to the Governor as the choice of the Council as soon as practicable following the President’s election.

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

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.

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.

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

Every member will attend the service of the Council, unless given leave of absence by the Council on account of their own illness, the illness or death of a near relation, urgent business, or for other sufficient cause to be stated to the Council.

(1)     Notice will be given of a motion for giving leave of absence to any member, stating the cause and period of absence.

(2)     Any member having leave of absence shall forfeit it by attending the Council before the leave expires.

(3)     Members without leave of absence who, when ordered, do not attend sittings of the Council may be dealt with as the Council sees fit.

(1)     A member chosen to fill a casual vacancy in the Council will be escorted to the Table by the Usher of the Black Rod and sworn in by the President.

(2)     If the office of President is vacant, a new member will be sworn in by a Commissioner appointed by the Governor for swearing members, prior to the election of a new President.

The President will determine all questions regarding the allocation of seats in the Chamber.

(1)     Unless otherwise ordered by the Council the days and hours of meeting of the Council will be —

(a)     Tuesday at 12.00 noon

(b)     Wednesday at 9.30 am

(c)     Thursday at 9.30 am

(d)     Friday at 9.30 am

(2)     At any time when no question is before the Chair a Minister may move without leave a motion to set the day and time of the next meeting.

(3)     Unless otherwise ordered, the Council will suspend for a meal break on Tuesday and Thursday at 6.30 pm for 60 minutes. A member may move without leave to suspend or alter the duration of the meal break. The Chair will put the question forthwith without debate.

The President will take the Chair as soon after the time appointed for the meeting of the Council as a quorum* of members is present, and will read the Lord’s Prayer and make an Acknowledgement of Country.

* To constitute a quorum there must be present (inclusive of the President) one-third at least of the members of the Council [See section 32(1) of the Constitution Act 1975]

(1)     If, after 30 minutes from the time appointed for the sitting of the Council or the resumption of the sitting after a suspension, there is not a quorum, the President will take the Chair and adjourn the Council to the next sitting day.

(2)     If at any time after the commencement of the business of the day any member draws attention to the lack of a quorum or it becomes clear on the report of a division that a quorum of members is not present, the President must order that the bells be rung as for a division, and after the bells have been rung count the members present in the Chamber.

(a)     Following the report of a division where it becomes clear that a quorum of members is not present no decision will be considered to have been reached by that division.

(3)     If after the members have been counted and a quorum is not present the President will, without putting any question, adjourn the Council to the next sitting.

(4)     The doors of the Chamber will be unlocked when the President is engaged in counting the Council to determine whether there is a quorum present.

(1)     If during any adjournment of the Council any emergency arises which in the opinion of the President renders it desirable that the members of the Council should meet for the consideration of any matter before the time previously set for meeting, the President will appoint a day and hour for a special meeting to deal with such matter and to summon members to such special meeting.

(2)     The President must give a minimum of two calendar days’ notice of a special meeting.

The Council may meet from time to time at regional places fixed by the Governor in accordance with section 8 of the Constitution Act 1975. At these sittings —

(1)     The President will take the Chair as soon after the time appointed for the meeting of the Council as a quorum of members is present, and the President, or a local religious leader, will read the Lord’s Prayer and the President will make an Acknowledgement of Country.

(2)     The Clerk will read the proclamation or other authorisation from the Governor varying and altering the place for the despatch of business of the Legislative Council.

(3)     The President may invite the local Mayor to address the House.

(4)     The order of business thereafter will be in accordance with Standing Order 5.02 unless otherwise ordered by the Council.

A Minister may move at any time when there is no question before the Chair “That the House do now adjourn”. Such motion may not be amended.

(1)     Unless a motion to adjourn has already been moved by a Minister pursuant to Standing Order 4.06, the President will interrupt the business before the House —

(a)     at 10.00 pm on Tuesday and Thursday;

(b)     at 7.00 pm on Wednesday;

(c)     at 5.30 pm on Wednesday if a joint sitting has been scheduled for 6.15 pm on that day;

(d)     at 4.00 pm on Friday.

(2)     If the House is in Committee of the whole the Deputy President will report progress and the President will then interrupt such business. 

(3)     If a division is taking place when business is due to be interrupted, it will be completed and the result announced before the President interrupts business.

(4)     The President will have discretion to extend the time for a maximum of ten minutes to allow for the completion of a speech on a motion for the second reading of a bill within the allocated time.

(5)     The President will not be required to call the next speaker if a speaker completes their speech within three minutes prior to the time fixed for such interruption.

(6)     Providing no further debate is proposed, the remaining questions in relation to any business subject to interruption may be put.

(7)     Before proposing that the House do now adjourn pursuant to Standing Order 4.09 the President will read any Messages from the Assembly.

(8)     Any bills transmitted from the Assembly will be read a first time and their second reading made an order of the day for the next day of meeting unless the Council grants leave for the second reading to be proposed forthwith.

(1)     Upon any interruption of business pursuant to Standing Order 4.07 and before a motion for the adjournment of the Council under Standing Order 4.09 is proposed by the President, a Minister may, on a Tuesday, Thursday, or Friday —

(a)     move that the sitting be extended. The motion will be put forthwith without amendment or debate; or

(b)     declare, without debate, that the sitting be extended by up to one hour; and —

(i)      at the conclusion of an extension of time declared under Standing Order 4.08(1)(b), a Minister may declare, without debate, that the sitting be extended by up to one further hour; and

(ii)     at the conclusion of an extension of time declared under Standing Order 4.08(1)(b)(i), a Minister may move that the sitting be extended. The motion will be put forthwith without amendment or debate.

(2)     A declared extension in accordance with Standing Order 4.08(1)(b) may be made by the Minister at the Table during Committee of the whole.

(3)     If the Council is extended in accordance with Standing Order 4.08(1), proceedings will resume at the point at which they had been interrupted.

Unless the sitting is extended under Standing Order 4.08, the President will propose the question “That the House do now adjourn”. Such question may not be amended.

Any business under consideration and not concluded at the time of the adjournment will be listed on the Notice Paper for the next sitting and any member speaking at the time of interruption may continue their speech upon the resumption of the debate.

(1)     On the question for the adjournment of the House proposed by the President or moved by a Minister, members may raise matters for consideration by Ministers.

(2)     The number of members (other than Ministers) that may speak on the question for the adjournment or maximum length of the debate is prescribed by Standing Order 5.02.

(3)     Members may speak once only on the question on each day.

(4)     At the conclusion of the debate, the President will adjourn the House until the next sitting day without putting any question.

(1)     In speaking to the question for adjournment a member must only raise matters which are within the administrative competence of the Victorian Government.

(2)     A member speaking to the question for adjournment should —

(a)     (i)      make a complaint; or

(ii)     make a request; or

(iii)    pose a query; and

(b)     suggest the action sought.

(3)     A member may only raise a matter with a single Minister.

(4)     Matters raised on the question for adjournment cannot be the subject of debate.

(5)     Any reply by a Minister to a matter raised on the question for adjournment should be as brief as possible.

(1)     The Minister the matter was directed to may dispose of the matter verbally at the end of the adjournment debate.

(2)     Any matter that is not disposed of verbally at the time the matter was raised must be responded to in writing within 30 days.

(3)     The Minister must lodge a written response with the Clerk. The Clerk must publish the response and give the response to the member who raised the matter.

(1)     If a response is not provided within 30 days of the matter being raised and the relevant Minister does not, within that period, provide to the member who raised the matter an explanation satisfactory to the member as to why a response has not been provided —

(a)     at the conclusion of the adjournment debate the member may ask the Minister for an explanation; and

(b)     at the conclusion of any such explanation the member may move, without notice, “That the Council take note of the explanation”.

(2)     If a Minister does not provide an explanation, notice may forthwith be given of a motion to take note of the Minister’s failure to provide either a response or an explanation.

On the opening day of a new Parliament or Session the order of business is as provided in Standing Orders 1.01 to 1.10.

Formal business includes:

(a)           the presentation of petitions;

(b)          the introduction and first reading of bills;

(c)           the presentation of papers; and

(d)          giving notices of motion.

An order of the day is a:

(a)            bill;

(b)            matter which the Council has ordered to be taken into consideration on a particular day; or

(c)            motion that has been moved in the Council that has not been resolved.

(1)     Government business is business initiated by Ministers and other members of the Government party or parties.

(2)     Government business will take precedence over all other business in accordance with the order of business prescribed by Standing Order 5.02 except for the following business —

(a)     motions for the adoption of the address in reply to the Governor’s speech pursuant to Standing Order 1.10; and

(b)     special business pursuant to Standing Order 5.08.

(1)     General business is business initiated by members who are not members of the Government party or parties.

(2)     General business will take precedence over all other business on Wednesdays in accordance with the order of business prescribed by Standing Order 5.02.

Precedence will be given to —

(a)     a motion relating to a matter of privilege pursuant to Standing Order 21.01;

(b)     a motion of urgent public importance pursuant to Standing Order 6.09;

(c)     a motion for a vote of thanks of the Council;

(d)     a motion for leave of absence to a member;

(e)     a motion relating to the qualification of a member;

(f)      an order of the day for the consideration of a report of the Procedure Committee or, arising from any such report, a motion to vary or adopt Standing Orders of the Council —

and any such business will be taken according to the sequence set out in this Standing Order.

Subject to the provisions of Standing Order 21.01, all points of order or questions of privilege which arise at any time will take precedence over the consideration and decision of every other question, but an adjourned debate on such questions will not be accorded precedence unless so ordered.

In any situation where the leave of the Council under Standing Order 24.05 is granted to allow business to be transacted, the leaders of parties other than the party of the member who is seeking leave, and any independent members, may give a brief explanation of their reasons for granting leave in accordance with the time limits prescribed by Standing Order 5.03.

All business before the Council will be listed on the Notice Paper in accordance with the Standing or Sessional Orders and the Notice Paper will be published on each sitting day.

(1)     Precedence will ordinarily be given by courtesy to a motion of condolence in the event of the death of —

(a)     a member of the current Parliament; or

(b)     a past or present Governor, Premier, Presiding Officer, Minister, or party leader in either House; or

(c)     former members of the Council, subject to the agreement of the party leaders.

(2)     Precedence may be given by leave to a motion of condolence in the event of the death of a person who had previous distinguished service in Victoria.

(3)     At the conclusion of a condolence motion, members will be asked to rise in their places for one minute’s silence as a mark of respect.

(4)     Unless otherwise ordered, the Council will —

(a)     adjourn for the remainder of the sitting in respect of a member of the current Parliament; or

(b)     suspend its proceedings for one hour, in respect of all other persons referred to in Standing Order 5.12(1)(b).

(5)     The President will announce the death of former members of the Council not referred to in Standing Order 5.12(1), and members will rise in their places for one minute’s silence as a mark of respect.

(1)     Members may make statements on any topic of concern at the time prescribed by Standing Order 5.02.

(2)     Each member will be entitled to make only one statement in each sitting week.

(3)     A member may assign their entitlement to another member provided that no individual member may be called more than once each day.

(1)     A Minister may make a Ministerial statement without leave at any time in Government business provided that there is no question before the Chair.

(2)     The Minister must provide a copy of the statement to the President at least two hours before it is proposed to be made.

(3)     The Minister must give not less than two hours notice to the party leaders and independent members of their intention to make the statement.

(4)     At the conclusion of the Ministerial statement, a motion may be moved without notice, “That the Council take note of the Ministerial statement”.

(5)     The time limits for debate on the motion are prescribed by Standing Order 5.03.

(1)     Notices of motion may be given in formal business after the presentation of papers.

(2)     Every member giving notice of a motion will read it aloud stating the day proposed for moving such motion and provide a copy to the Clerk.

(3)     A member may not give two notices of motion consecutively if any other member has any notice to submit.

(4)     A member, with the consent of another member who is not present, may give notice for that member by putting the name of such member on the notice of motion.

(5)     A notice of motion will be published on the Notice Paper. Any notice of motion or part of a notice of motion which, in the opinion of the President, contains material not in conformity with the Standing Orders may be omitted from the Notice Paper by order of the President.

(1)     Notices will be called on in the order in which they appear on the Notice Paper and will take precedence over orders of the day.

(2)     A member may move a motion on behalf of another member, with their consent.

(3)     A notice of motion which, at the adjournment of the Council, has not been called on will be listed on the Notice Paper for the next sitting day, unless the motion has been discharged pursuant to Standing Order 6.08.

(1)     A member who has given notice of a motion may move its postponement without notice.

(2)     A member may move the postponement of a notice on behalf of another member, with their consent.

After a notice of motion has been given, the motion may be altered by the member, on providing to the Clerk an amended notice at least one day prior to the day for moving such motion.

A member who has given notice of a motion may withdraw the notice by advising the Clerk in writing.

A member may only move a motion without previous notice by leave of the Council, except as provided in Standing Orders.

Except as provided for in Standing Orders 1.10 and 2.02, no motion will require a seconder.

(1)     A notice of motion and an order of the day, other than for the consideration of a bill or an item standing in a Minister’s name, will be discharged from the Notice Paper after it has been listed for
20 consecutive sitting days.

(2)     After a motion has been moved, but before debate has been adjourned or the question put, it may be withdrawn with leave of the Council by its mover.

(3)     After an order of the day has been read, the member in charge of the order may move, without notice, that the order be discharged.

(4)     A motion withdrawn by leave of the Council or an order of the day which has been discharged may be moved again during the same Session.

(1)     A member may propose that a definite matter of urgent public importance be brought before the Council for discussion by submitting to the President in writing at least two hours before the time fixed for the President to take the Chair —

(a)     the subject matter desired to be discussed; and

(b)     a statement setting out the grounds considered to justify its urgent consideration.

(2)     If the President is satisfied that the matter is of such importance as to warrant urgent consideration, the President will permit the motion to be moved.

(3)     Where the President is satisfied that unusual and extreme circumstances did not permit a matter being submitted at least two hours before the time fixed for taking the Chair, the President may waive that requirement.

(4)     Discussion of a matter approved by the President pursuant to this Standing Order will occur prior to questions without notice where a motion will be made, without notice, “That the Council take note of [subject]”.

(5)     A motion under this Standing Order may not be amended and the debate may not be adjourned.

(6)     Not more than one motion under this Standing Order will be moved during any sitting of the Council.

(7)     In the case of two or more subject matters being proposed to the President for discussion at a sitting, the President will decide, having regard to their relative urgency, which (if any) of those matters will be the subject of a motion.

(8)     No debate will be permitted as to the exercise of discretion by the President under this Standing Order, except by motion to dissent from their ruling.

(1)     In determining urgency, the President will consider whether —

(a)     the matter is of recent occurrence; and

(b)     the subject is being raised at the first opportunity; and

(c)     the matter is of sufficient public importance to warrant invoking the urgency procedure; and

(d)     the rights, welfare or security of citizens is in jeopardy; and

(e)     there is a distinct probability of the matter being brought before the Council in reasonable time by other means.

(2)     If the President approves of a subject matter being brought on for discussion they will cause —

(a)     the member who submitted the proposal to be notified that the discussion may proceed as soon as practicable after having reached that decision; and

(b)     all other members to be advised of the subject matter of the motion, and not less than one hour, where reasonably possible, before the matter is debated.

(3)     If the President is not satisfied that a subject matter should proceed to debate they will —

(a)     notify the member who submitted the proposal accordingly, giving the reasons for rejecting the request; and

(b)     report to the Council that they had received representations for a subject matter to be debated, giving reasons for the decision that it should not proceed.

A motion, except a motion moved by a Minister, to approve, allow, disallow, revoke or otherwise void, any proposal, Statutory Rule or other instrument which by any Act is expressed as being subject to a resolution of the Council or of the Council and the Assembly can only be debated during general business.

(1)     When notices of motion have been disposed of, the President will direct the Clerk to read the orders of the day without any question being put. Orders of the day will be considered in the order in which they appear on the Notice Paper.

(2)     A motion for the postponement of an order of the day may be moved without notice.

(3)     An order of the day which, at the adjournment of the Council has not been called on, will be listed on the Notice Paper for the next sitting day unless the order of the day has been discharged pursuant to Standing Order 6.08.

The time limit for procedural motions is prescribed by Standing Order 5.03. A procedural motion is defined as —

(a)     a motion to set the day and time of the next meeting of the Council pursuant to Standing Order 4.01(2);

(b)     a motion to take note of a Minister’s explanation as to why a response to an adjournment matter has not been provided pursuant to Standing Order 4.14(1)(b);

(c)     a motion for the postponement of notices of motion pursuant to Standing Order 6.03;

(d)     a motion for the discharge of an order of the day pursuant to Standing Order 6.08(3);

(e)     a motion for the postponement of an order of the day pursuant to Standing Order 6.12;

(f)      a motion for the revival of a dropped motion or order of the day pursuant to Standing Order 6.14;

(g)     a motion “That this question be not now put” pursuant to Standing Order 7.03;

(h)     a motion to read and rescind a resolution of the Council pursuant to Standing Order 7.07;

(i)      a motion that an answer to a question or supplementary question without notice be taken into consideration pursuant to Standing Order 8.06;

(j)      a motion that a paper be published and/or taken into consideration pursuant to Standing Order 9.07;

(k)     a motion that a member “be now heard” pursuant to Standing Order 12.03;

(l)      a motion that the debate be now adjourned pursuant to Standing Order 12.08;

(m)    a motion to incorporate in Hansard a second reading speech for a bill that has originated in the Council pursuant to Standing Order 14.06;

(n)     a motion providing an instruction to a Committee of the whole pursuant to Standing Order 14.11;

(o)     a motion to refer a bill in government business to a parliamentary committee pursuant to Standing Order 14.12(b);

(p)     a motion to defer Committee of the whole to a later time pursuant to Standing Order 14.12(d);

(q)     a motion for the adoption of the report from the Committee of the whole pursuant to Standing Order 14.17;

(r)     a motion setting the time for a bill to be further considered in Committee of the whole pursuant to Standing Order 14.17(5);

(s)     a motion to reconsider a bill in Committee of the whole pursuant to Standing Order 14.18;

(t)      a motion to declare a bill urgent pursuant to Standing Order 14.35;

(u)     a motion that a bill ruled to be a private bill be dealt with as a public bill pursuant to Standing Order 14.37;

(v)     a motion that the Deputy President report progress and ask leave to sit again pursuant to Standing Order 15.05(5).

If a motion or order of the day drops off the Notice Paper owing to —

(a)     no day being appointed for its future consideration; or

(b)     its being superseded; or

(c)     the debate being interrupted by lack of a quorum —

such motion or order may be restored to the Notice Paper for a subsequent day on motion without notice.

(1)     When a motion has been moved, and if required seconded, and the debate has concluded, the President will propose “That the motion be agreed to”.

(2)     A question will be agreed to or negatived by the majority of voices “Aye” or “No”.

(3)     The President will state, whether in their opinion, the “Ayes” or the “Noes” have it and, if challenged, the question will be determined by a division.

The Council may order a complicated question to be split.

(1)     The previous question will be put in the form “That this question be not now put”.

(2)     The previous question may not be moved to an amendment.

(3)     The motion “That this question be not now put” will not be amended.

(4)     In considering the previous question, the original question and any amendment may be debated.

A question may be superseded by the previous question being proposed and resolved in the affirmative.

(1)     If the previous question is agreed to and the original question and any amendment to it are superseded, the motion or bill under discussion drops off the Notice Paper and the Council will proceed to the next business.

(2)     If the previous question is negatived the original question and any amendment to it will be put forthwith, without any amendment or debate.

No question will be proposed in the Council which is the same in substance as any question which has been resolved during the previous six months in the same Session.

A resolution or other vote of the Council may be read and rescinded.

(1)     A question which has been proposed may be amended by —

(a)     omitting certain words; or

(b)     omitting certain words in order to insert or add other words; or

(c)     inserting or adding words.

(2)     An amendment must be relevant to the question it is proposed to amend and must not be a direct negative of the question.

(3)     An amendment to a question must be provided in writing to the Clerk.

(4)     The mover of a motion or a member who has already spoken in the debate may not move an amendment.

(1)     No amendment will be proposed if it is the same in substance as an amendment already determined to the same question, or would have the effect only of reversing an amendment already agreed to by the Council.

(2)     No amendment will be proposed in any part of a question after a later part has been amended, or has been proposed to be amended, unless (in the latter case) the proposed amendment has been withdrawn by leave of the Council.

(3)     No amendment will be proposed to be made to any words which the Council has resolved will stand part of a question, except the addition of other words to the question.

Debate on an amendment must be strictly confined to the terms of that amendment.

On every amendment or group of amendments the President will put the question “That the amendment/s be agreed to”.

A proposed amendment may be withdrawn by leave of the Council.

When an amendment has been proposed, amendments to the amendment may be moved, as if such proposed amendment was an original question.

When amendments have been agreed to, the main question, as amended, will be put.

When amendments have been proposed but not agreed to the question will be put as originally proposed.

(1)     Questions may be put to —

(a)     Ministers relating to public affairs for which the Minister is directly connected, or has responsibility when representing a Minister from the Assembly, or to any matter of administration for which the Minister is responsible; and

(b)     other members relating to any matter connected with the business on the Notice Paper of which the member has charge.

(2)     Questions may be asked orally without notice for immediate reply (questions without notice) or lodged with the Clerk for written reply (questions on notice).

(1)     Questions should not contain —

(a)     offensive or unparliamentary language;

(b)     statements of facts or names of persons unless they are strictly necessary to explain the question and can be authenticated;

(c)     argument or opinion;

(d)     reflections on court decisions and/or sub judice matters;

(e)     hypothetical matter; or

(f)      reflections upon persons whose conduct may only be challenged on a substantive motion.

(2)     Questions should not ask for —

(a)     an expression of opinion; or

(b)     legal opinion.

(3)     Questions cannot refer to confidential proceedings in committees which have not been reported to the Council.

(4)     Questions may be asked to elicit information regarding business on the Notice Paper but debate on the matter must not be anticipated.

(5)     A question cannot be asked again if during the previous six months of the same Session —

(a)     it has been fully answered; or

(b)     an answer has previously been refused.

In answering any such question, the Minister or member will not debate the matter to which it refers.

(1)     Questions without notice may be asked at the time prescribed by Standing Order 5.02 when any business before the Council will be interrupted.

(2)     Only non-Government members may ask oral questions without notice.

(3)     After every second oral question without notice a Minister may seek the call to make a statement of up to two minutes.

(4)     The time allocated for questions without notice will be until eight oral questions have been answered and four Ministers’ statements have been made.

(1)     At the conclusion of each answer the member may ask a supplementary question of the Minister to elucidate or clarify the answer.

(2)     Supplementary questions must be actually and accurately related to the original question and must relate to or arise from the Minister’s response.

On motion without notice the Council may order that an answer to a question and/or supplementary question be taken into consideration on a future day.

(1)     All answers to questions without notice must be direct, factual, succinct and relevant.

(2)     The President may determine that an answer to an oral question without notice or supplementary question is not responsive to the question, and may accordingly direct the Minister to provide a written response to the question and lodge it with the Clerk.

(3)     The President may review a written response to a question provided under this Standing Order and determine that it does not appropriately answer the question and may direct the Minister to provide another written response and lodge it with the Clerk.

(4)     Upon receipt of a written response, the Clerk must give the response to the member who asked the question and publish the response.

(5)     Written responses to questions directed to a Council Minister’s portfolio will be required to be lodged within one business day —

(a)     at least 15 minutes prior to the time scheduled for Questions if they are due on a sitting day; or

(b)     12.00 noon if they are due on a day when the Council is not sitting.

(6)     Written responses to questions directed to a Minister representing a Minister from the Assembly will be required to be lodged within two business days —

(a)     at least 15 minutes prior to the time scheduled for Questions if they are due on a sitting day; or

(b)     12.00 noon if they are due on a day when the Council is not sitting.

(1)     At the conclusion of questions without notice up to 15 members may ask Ministers an oral question relating to a constituency matter.

(2)     A constituency question must —

(a)     be within state jurisdiction;

(b)     ask a question seeking information; and

(c)     relate to a specific matter within the members’ constituency.

(3)     The time limit for each member asking a constituency question is one minute.

(4)     Answers to constituency questions must be lodged with the Clerk in writing within 14 days of the question being asked.

(5)     Upon receipt of an answer, the Clerk must give the response to the member who asked the question and publish the response.

(1)     A member must lodge a question on notice with the Clerk with sufficient time, in the opinion of the President, to enable it to be published in that sitting day’s questions on notice.

(2)     Any question or part of a question which, in the opinion of the President, contains material not in conformity with the Standing Orders may be omitted prior to the question being published.

(3)     Before placing a question on notice a member should consider whether the information to be sought is readily available in known documents.

(1)     Answers to questions on notice must be lodged with the Clerk in writing within 30 days of the question being asked.

(2)     Upon receipt of an answer, the Clerk must give the response to the member who asked the question and publish the response.

(1)     If a Minister does not provide an answer to a question on notice within 30 days of the asking of that question and does not, within that period, provide to the member who asked the question an explanation satisfactory to that member as to why an answer has not been
provided —

(a)     prior to the asking of constituency questions, a non-government member on a Wednesday, and a government member on a Thursday, may ask the relevant Minister for an explanation; and

(b)     at the conclusion of any such explanation the member may move, without notice, “That the Council take note of the explanation”.

(2)     In the event that a Minister does not provide an explanation, notice may forthwith be given of a motion regarding the Minister's failure to provide either an answer or an explanation to a question on notice which can only be debated during general business.

(3)     Members may also make a statement within the time allocated for statements on tabled papers and petitions.

(1)     Ministers have a responsibility to provide, within a reasonable time, an answer which is relevant to the question.

(2)     The answer to a question may be limited in nature if in the opinion of the Minister the expense associated with the provision of all of the information which has been sought is too great. Where a Minister has formed this view, they should contact the member to determine whether a compromise is possible by withdrawing the question and substituting another in a mutually acceptable form.

(3)     An answer to a question may be refused if in the opinion of the Minister the commitment of resources to, and costs associated with, its preparation cannot be justified. There must be reasonable grounds for this opinion and any refusal is limited to genuine cases.

(4)     Immediately it is apparent to a Minister that it will be difficult to provide an answer to a question within 30 days they should advise the member accordingly.

(5)     If in the opinion of the Minister the information sought in a question is of a nature that is not normally provided, the Minister may inform the member of that view.

(6)     When a question is placed on notice and the information is found to be readily available in accessible documents, the Minister should advise the member accordingly.

(7)     A member intending to ask for an explanation as to why an answer has not been provided in response to a question should acquaint the Minister or their office of that intention the day before failure to supply an answer is to be raised in the Council.

The President may direct that a question or part of a question on notice which has been answered be reinstated, if following a request of the member asking the question, the President is of the opinion that the question has not been fully answered.

Papers may be presented to the Council —

(a)     by direction of the Governor;

(b)     by order of the Council; or

(c)     under Acts of Parliament.

Any paper to be presented to the Council will be lodged with the Clerk.

Papers that are required to be presented to the Council by direction of the Governor will be tabled by a Minister.

The Council may give leave for a member to present a paper which is not being tabled under the authority of an Act.

The Clerk will advise the Council of papers being presented under Acts of Parliament.

Proclamations of the Governor in Council fixing dates for the coming into operation of Acts, as published in the Government Gazette from time to time, will be presented and tabled by the Clerk.

On motion without notice the Council may order that any paper which has been tabled —

(a)     be published;

(b)     be taken into consideration on a future day.

After any paper has been tabled, notice may be given of a motion that the Council take note of such paper.

(1)     Upon the tabling of a report of a parliamentary committee the Council may order that the report be published with the documents accompanying it.

(2)     A member of the committee may then move without notice, “That the Council take note of the report”.

(3)     At the conclusion of the debate, the President must put the question.

(1)     At the time prescribed by Standing Order 5.02, any member may make a statement on any report, paper or petition which has been tabled in the Council during the Session.

(2)     Nothing in this Standing Order will preclude a member from —

(a)     making a statement on a report, paper or petition previously discussed; or

(b)     giving notice of a motion to take note of a report, paper or petition for consideration during general business.

(3)     Subject to the provisions of Standing Order 8.11, a member may also make a statement regarding the failure of a Minister to provide either an answer or an explanation to a question on notice.

(1)     The Council may order documents to be tabled in the Council.

(2)     The Clerk is to communicate to the Secretary, Department of Premier and Cabinet, all orders for documents made by the Council.

(3)     An order for the production of documents must specify the date by when the documents must be provided.

(1)     Documents provided in response to an order under Standing Order 10.01 will be delivered to the Clerk.

(2)     Upon receipt, such documents will be presented to the Council by the Clerk at the earliest opportunity.

(3)     A return under this Standing Order is to include an indexed list of all documents identified, showing the date of creation of the document, a description of the document and the author of the document.

(4)     If the Council is not sitting on the date specified in the resolution of the Council under Standing Order 10.01(3), the documents may be lodged with the Clerk, and unless Executive privilege is claimed, are deemed to have been presented to the Council and published by authority of the Legislative Council.

(5)     Documents lodged under Standing Order 10.02(4) must be presented to the Council by the Clerk on the next sitting day of the Council.

(1)     Where a document is claimed to be covered by Executive privilege —

(a)     a return is to be prepared showing the date of creation of the document, a description of the document, the author of the document and reasons for the claim of Executive privilege; and

(b)     the documents are to be delivered to the Clerk by the date and time required in the resolution of the Council and —

(i)      made available only to the mover of the motion for the order; and

(ii)     must not be published or copied without an order of the Council.

(2)     The mover of the motion for the order may notify the Clerk, in writing, disputing the validity of the claim of Executive privilege in relation to a particular document or documents. On receipt of such notification, the Clerk is authorised to release the disputed document or documents to an independent legal arbiter, for evaluation and report within seven calendar days as to the validity of the claim.

An independent legal arbiter required in accordance with Standing Order 10.03(2) is to be appointed by the President and must be a Queen’s Counsel, a Senior Counsel or a retired Supreme Court Judge.

A report from an independent legal arbiter appointed under Standing Order 10.04 is to be lodged with the Clerk and —

(a)     made available only to members of the Council; and

(b)     must not be published or copied without an order of the Council.

The Clerk will maintain a register showing the name of any person examining documents provided under Standing Orders 10.03 and 10.05.

(1)     A petition must —

(a)     be addressed to the Legislative Council of Victoria;

(b)     be in English or accompanied by an English translation certified to be true and correct by the member who presents it;

(c)     seek an action or remedy that is either —

(i)      within the state’s administrative responsibilities; or

(ii)     relates to the procedures of the Legislative Council;

(d)     be legible and clear;

(e)     be respectful and moderate in its language;

(f)      state the action sought from the Council on the top of every sheet;

(g)     if from a corporation, be made under its common seal.

(2)     A petition must not —

(a)     contain irrelevant statements;

(b)     have alterations or amendments made to the text;

(c)     have other documents attached to it;

(d)     make an application for or request a direct grant of public money to be paid to an individual.

(3)     A petition should avoid unnecessarily naming individuals or otherwise contain information that could lead to the identification of any individual. This excludes elected representatives and public figures.

(1)     Only Victorian residents may sign a petition or be the principal petitioner.

(2)     A person cannot sign or join the same petition more than once.

(3)     Petitions must contain at least one signature.

(4)     Persons may become signatories to (join) a petition by —

(a)     writing their name, original signature and address on a paper petition; or

(b)     electronically providing their name, address and signifying their intention to join an e-petition.

(5)     Signatures must not be pasted or in any other way transferred or attached to the petition.

(6)     Only a petitioner incapable of signing may get someone else to sign on their behalf.

(7)     Any person forging the name of any other person on any petition or adding any fictitious name may be declared guilty of contempt.

(1)     Petitions can only be presented to the Council by a member.

(2)     A member must not present a petition to the Council that they have started or signed.

(3)     A petition may only be presented during formal business.

(4)     Every member presenting a petition will become familiar with its contents, and lodge it with the Clerk.

(5)     A member is not obliged to present a petition and presentation of a petition does not signify agreement with the terms of the petition.

(6)     The Clerk must certify that every petition when presented is in conformity with the Standing Orders and practices of the Council.

(7)     A member presenting a petition will read the number of signatures and the action sought and will sign the front sheet. The terms of the petition will be published in Hansard.

(8)     If requested by the member presenting the petition, the full text of a petition may be read to the Council by the Clerk.

(9)     No debate is allowed at the time a petition is presented. The only questions which may be moved on the presentation of a petition will be “That the petition do lie on the Table” and, if desired, and if notice is not given pursuant to Standing Order 11.03(10), “That the petition be taken into consideration [on a future day to be named]”, which will be decided without amendment or debate.

(10)   Where a member has presented a petition that has received —

(i)    10,000 signatures or more in the case of an e-petition or combined e-petition and paper petition; or

(ii)   2,000 signatures or more in the case of a paper petition;

that member may give notice of their intention to move “That the petition be taken into consideration”.

(a)     The order of the day shall take place on the Wednesday of the next sitting week at the time prescribed by Standing Order 5.02 for ‘Petitions (qualifying for debate)’.

(b)     Any further notices of intention to take a petition into consideration received before the first order of the day is disposed of shall be set down on succeeding Wednesdays in the order in which they are presented.

(c)     If a member does not seek the call when the order of the day is read the order of the day will lapse.

(1)     The Clerk will refer a copy of the terms of every petition presented to the Council to the Minister responsible for the administration of the matter that is the subject of the petition or to the Leader of the Government in the Council for matters relating to the procedures of the Legislative Council.

(2)     A Minister must provide a response to every petition tabled in the Council within 30 days of the petition being presented by lodging it with the Clerk.

(3)     Any response lodged with the Clerk will be published at the time it is received and will be presented to the Council by the Clerk on the next sitting day.

(1)     A principal petitioner may lodge an e-petition with the Clerk for publication on the Parliament’s website.

(2)     The Clerk will decline to publish an e-petition not in conformity with Standing Orders.

(3)     E-petitions the same in substance cannot be open for signing at any one time.

(4)     The posted period for an e-petition —

(a)     is to be nominated by the principal petitioner and is to be a minimum of one week and a maximum of six months from the date of publication;

(b)     may be extended at the conclusion of the initial posted period for up to six months upon the principal petitioner making a request to the Clerk;

(c)     may be closed prior to the nominated closing date upon the principal petitioner making a request to the Clerk; and

(d)     may be determined by the Clerk in the event that the Council is due to expire pursuant to section 28(2) of the Constitution Act 1975 within six months from the date of publication of an e-petition.

(5)     For the duration of the posted period of an e-petition, signatories may be progressively presented as a petition to the House, and —

(a)     upon progressive presentation of the signatories to the House, the publicly displayed number of persons who have joined that e-petition will re-set to zero; and

(b)     for the purposes of the records of the House, each progressive presentation of an e-petition will be recorded as a separate petition.

Whenever the President stands members must sit down and be silent so that the President may be heard without interruption.

A member unable to stand may be permitted by the President to speak while sitting.

When two or more members rise to speak the President will call the member first observed, but a motion may be made without leave, That any member who has risen “be now heard”.

When allocating speaking rights the President should have regard to the proportionality of the political representation of the whole number of members of the Council.

(1)     A member may speak once to a question or an amendment to a question before the Council except —

(a)     in giving an explanation pursuant to Standing Order 12.06;

(b)     in reply pursuant to Standing Order 12.07;

(c)     at the Committee of the whole stage.

(2)     The President may participate in debate and speak from a place allocated on the floor of the Chamber.

(3)     When the President rises to speak in debate, the Deputy President will take the Chair.

A member who has spoken to a question before the Council may, by leave of the Council and after written notification to the President, speak a second time to explain some material part of their speech which has been misquoted or misunderstood, but will not introduce any new matter.

A reply will only be allowed to a member who has moved a substantive motion, the second reading of a bill or a procedural motion.

(1)     A member, unless they have already made a substantial contribution to the debate, while speaking to a question may move the adjournment of the debate.

(2)     A member moving the adjournment of the debate on any question will, whether the adjournment is carried or not, be entitled to speak again on the main question, provided they have not discussed that question in moving the motion for adjournment.

(1)     If a motion for the adjournment of the debate is negatived the same motion cannot be moved again within 15 minutes.

(2)     If a similar motion is again moved during the same debate, the President may decline to propose the question on it to the Council or may decide to put the question forthwith without debate, if the President is of the opinion that such motion is an abuse of the rules of the Council.

(3)     Any member who moves such a motion will not be entitled to move any similar motion during the same debate.

No member may speak to any question after it has been put by the President.

A member may at any time raise a point of order which will, until disposed of, take precedence over the consideration and decision of every other question.

(1)     When there is no question before the Chair and with the consent of the President, a member may explain how they have been misrepresented or explain another matter of a personal nature.

(2)     A proposed personal explanation must be provided in writing to the President prior to consent being granted.

(3)     A personal explanation will not be debated.

A member’s speech must be relevant to the question under discussion.

Any member may call attention to continued irrelevance or tedious repetition on the part of a member addressing the Chair, and the Chair may direct such member to discontinue their speech.

(1)     A member may be granted leave to incorporate in Hansard material such as statistical tables, graphs and charts, to which a member has referred in debate, that are not suitable for presentation in the ordinary course of a speech.

(2)     A member desiring to incorporate material in Hansard must submit such material to the President for review prior to raising the matter in the Council.

(3)     In considering any request for incorporation the President must be satisfied that —

(a)     the material is strictly relevant to the debate; and

(b)     no matter is included which otherwise would be inadmissible in debate; and

(c)     the source of the material is identified; and

(d)     the information is not readily accessible elsewhere; and

(e)     it is technically feasible to reproduce the material in Hansard.

(4)     If the President is satisfied that the pre-conditions for incorporation have been met —

(a)     the member will, at the appropriate stage of the debate or proceedings, request the leave of the Council or Committee of the whole for the material to be incorporated; and

(b)     the Chair will confirm to the Council or Committee of the whole that the President has been consulted, and that the pre-conditions have been met.

(5)     The leave of the Council or Committee of the whole may then be determined and, if given, the member will, at that time, provide copies for the benefit of subsequent speakers.

(6)     If the President is not satisfied that the pre-conditions have been met, the Chair will advise the Council or Committee of the whole and the matter will not proceed any further.

Notwithstanding anything to the contrary contained in these Standing Orders, a Council member of the Dispute Resolution Committee may report to the Council on deliberations of the Committee.

A member may not anticipate the discussion of a subject listed on the Notice Paper and expected to be debated on the same or next sitting day. In determining whether a discussion is out of order the President should not prevent incidental reference to a subject.

(1)     No member will use offensive words against either House of Parliament, any member of either House, the Sovereign, the Governor or a judicial officer.

(2)     No member will make an accusation of improper motives or a personal reflection on any member of either House, other than by substantive motion.

(3)     If the President is of the opinion that words used in debate offend against this Standing Order, they may order the words to be withdrawn and may also require an apology.

If a member objects to words used in debate pursuant to Standing Order 12.18 —

(1)     The objection must be taken immediately.

(2)     If the words relate to a member of the Council and that member finds them personally offensive, the member may ask for a withdrawal. The President may require the words to be withdrawn and may also require an apology.

(3)     A withdrawal and an apology must be made without explanation or qualification.

A member may only interrupt another member to —

(a)     call attention to a point of order;

(b)     call attention to a matter of privilege suddenly arising;

(c)     call attention to the lack of a quorum;

(d)     call attention to the unwanted presence of strangers; or

(e)     move that the question be now put pursuant to Standing Order 12.21.

(1)     After any question has been proposed a member may move without notice at any time “That the question be now put”.

(2)     If six other members rise in their places to support the motion, the question will be put forthwith and decided without amendment or debate.

(3)     During Committee of the whole when the Chair is satisfied that the debate on a clause or amendment is repetitious or frivolous, the Chair may accept a motion without notice from a Minister “That the question be now put”.

(4)     The question on such motion will be put forthwith and decided without amendment or debate.

(5)     No other motion will be made or point of order raised until the disposal of any motion pursuant to this Standing Order.

(1)     Leave may be given for subjects which are related to be debated cognately.

(2)     At the conclusion of the cognate debate, the questions will be put separately, unless the Council determines that a single question be put by the Chair.

(3)     At the conclusion of the cognate second reading debate on bills, the question “That the bill be now read a second time” will be put separately for each bill unless the Council determines that a single question be put.

(4)     The Committee of the whole and third reading stages of cognate bills will be taken separately, unless the Council determines otherwise.

A member called to order will sit down, unless permitted to explain.

All members when entering or leaving the Chamber or passing in front of the Chair will acknowledge the Chair.

Order will be maintained in the House by the President.

(1)     If the President considers the conduct of a member to be disorderly, the President may order the member to withdraw from the Chamber for up to 30 minutes. That order is not open to debate or dissent.

(2)     The member may, whilst suspended, return to the Chamber for the purpose of voting in a division.

(3)     If a member is ordered to withdraw under this Standing Order and the Council adjourns before the end of the suspension period, the member will not return to the Chamber (except to vote in a division) on the next sitting day until the remaining time has expired. This is 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 this Standing Order, the President may name the member pursuant to Standing Order 13.04.

(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 13.03.

(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.

(1)     If any member is named by the President under Standing Order 13.04 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 Chamber.

(1)     A member who is ordered to withdraw pursuant to Standing Order 13.03 or who is suspended pursuant to Standing Order 13.05 will not enter the Council Chamber or any of 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.

The Council may, on motion without notice and determined without amendment or debate, discharge an order of suspension under Standing Order 13.05 if the member makes a satisfactory apology in writing to the Council.

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

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.

A bill must be introduced by a member specifying its intended long title.

A bill not prepared according to the Standing Orders and practices of the Council will be ordered to be withdrawn by the President.

A Message transmitting a bill from the Assembly seeking the Council’s agreement will be read to the Council by the President.

On the introduction of a bill by a member pursuant to Standing Order 14.01 or transmitted from the Assembly pursuant to Standing Order 14.03 the question “That the bill be now read a first time” will be proposed immediately and decided without amendment or debate.

When a bill has been read a first time its second reading will be made an order of the day for a future day, unless leave is granted to the contrary.

(1)     When the order of the day is read for the second reading of a bill initiated in the Council, or if the second reading proceeds forthwith by leave immediately after the first reading, a Minister or member in charge of the bill —

(a)     may state if and why the bill is a bill requiring an absolute or special majority on the third reading;

(b)     may make any statement pursuant to section 85 of the Constitution Act 1975 in relation to the jurisdiction of the Supreme Court;

(c)     will lay on the Table the statement of compatibility with the Charter of Human Rights and Responsibilities Act 2006, if required;

(d)     will move “That the bill be now read a second time”;

(e)     will —

(i)      give the second reading speech; or

(ii)     move a motion, by leave, for the incorporation of the second reading speech in Hansard.

(2)     The question “That the bill be now read a second time” will then be proposed.

(1)     When the order of the day is read for the second reading of a bill transmitted from the Assembly, or if the second reading proceeds forthwith by leave immediately after the first reading, a Minister or member in charge of the bill —

(a)     may state if and how the bill was amended in the Assembly;

(b)     may state if and why the bill is a bill requiring an absolute or special majority on the third reading;

(c)     may make any statement pursuant to section 85 of the Constitution Act 1975 in relation to the jurisdiction of the Supreme Court;

(d)     will lay on the Table the statement of compatibility with the Charter of Human Rights and Responsibilities Act 2006, if required;

(e)     will move “That the bill be now read a second time”;

(f)      will —

(i)      move a motion, without leave, which may not be amended or debated, for the incorporation of the second reading speech in Hansard; or

(ii)     give the second reading speech.

(2)     The question “That the bill be now read a second time” will then be proposed.

After the second reading speech has been given or incorporated in Hansard, debate on the question “That the bill be now read a second time” will then be adjourned and made an order of the day for a future day, unless leave is granted to the contrary.

(1)     An amendment may be moved to the question “That the bill be now read a second time”.

(2)     Such amendment —

(a)     must be strictly relevant to the bill;

(b)     may propose to omit words from the question in order to substitute other words;

(c)     must not propose the addition of words to the question;

(d)     must not anticipate an amendment which may be moved during Committee of the whole; and

(e)     will be in the form “this bill be withdrawn” if the intention is to reject the bill.

(3)     The House may consider more than one reasoned amendment, but a member may only move one reasoned amendment.

(4)     When debate on the second reading has concluded, the question/s “That the reasoned amendment moved by [member] be agreed to” will be put.

(5)     If the question/s in sub-clause (4) is negatived, the question “That the bill be now read a second time” will be put immediately.

(6)     If the question/s in sub-clause (4) is agreed to, the bill will be regarded as having been rejected unless the reasoned amendment seeks to delay the passage of the bill.

(1)     During the debate on the question “That the bill be now read a second time” a member may announce amendments to that bill to be proposed during Committee of the whole and ask that they be circulated. Following circulation, members may discuss the principles of the amendments during the second reading debate.

(2)     When the Council resolves into considering a bill in Committee of the whole, at the commencement of the consideration of clause 1, a member may circulate amendments to the bill to be proposed during Committee of the whole.

(3)     The announcement and request to circulate amendments pursuant to this Standing Order will not require leave, may be made by another member on the member’s behalf, may not be made when another member is speaking and may not be debated.

(1)     An instruction empowers a Committee of the whole to consider matters not otherwise referred to them.

(2)     No instruction may be moved to order a Committee of the whole to make provision in a bill or to empower a Committee to make provision if they already have that power.

(3)     Notice will be required of an instruction and that notice may be given, pursuant to Standing Order 6.01(1) on the day the motion is moved.

(4)     An instruction motion will be moved when the Council is about to first resolve itself into a Committee of the whole and before the President leaves the Chair.

When a bill has been read a second time, the Council will immediately consider the bill in Committee of the whole unless the Council —

(a)     considers an instruction motion, if any; or

(b)     refers by motion without leave the bill to a parliamentary committee; or

(c)     gives leave for the bill to proceed immediately to the third reading; or

(d)     defers by motion without leave Committee of the whole until a later time.

(1)     Each bill must be considered in the following order —

(a)     clauses separately and in numerical order;

(b)     proposed new clauses where they occur in the sequence of clauses;

(c)     the schedules separately and in numerical order;

(d)     proposed new schedules;

(e)     the preamble (if any);

(f)      long title;

(g)     short title.

(2)     Consideration of a clause may be postponed, although it has already been considered and amended.

(3)     After debate on a clause has concluded, the question must be put
“That the clause (as amended) stand part of the bill”.

(4)     Clauses may be considered together, with the question being put
“That clauses [number] and/to [number] stand part of the bill”.

(5)     Following consideration and, if necessary, amendment of the preamble, the question must be put “That the preamble (as amended) stand part of the bill”.

(1)     Any amendment may be moved during Committee of the whole to any part of the bill, provided it is relevant to the subject matter of the bill or pursuant to an instruction to a Committee of the whole to extend the scope of the bill.

(2)     An amendment to a bill must be lodged in writing with the Clerk.

(3)     An amendment will only be proposed in any part of a clause after a later part has been amended, by leave of the Committee.

(4)     When an amendment (or amendments) has been proposed to the bill the question must be put “That the amendment/s be agreed to”.

(5)     If an amendment has been made in the bill necessitating an amendment to the long title, the question must be put “That the long title, as amended, be the long title of the bill”.

(1)     New clauses must be relevant to the subject matter of the bill or pursuant to an instruction to a Committee of the whole.

(2)     When a new clause has been proposed, the question must be put
“That the new clause stand part of the bill”.

(1)     When considering a bill and/or proposed amendments during Committee of the whole that are subject to section 64(2) of the Constitution Act 1975, Standing Orders 14.13, 14.14 and 14.15 will apply to the consideration of the bill and/or amendments to the extent that they are not inconsistent with this Standing Order.

(2)     Any clause (or other provision) of a bill that is subject to section 64(2) of the Constitution Act 1975 and to which no form of amendment is proposed may be considered in Committee of the whole, but no question will be put.

(3)     If an amendment (including any amendment to the amendment) is agreed to it will be a ‘suggested’ amendment to the Assembly and the relevant clause (or other provision) of the bill will stand postponed.

(4)     If a member proposes to omit the clause (or other provision), the question will be put “That the clause [or other provision] be agreed to”.

(5)     If a question put in accordance with Standing Order 14.16(4) is negatived, any previous amendments to that clause (or other provision) already agreed to will be superseded and the clause (or other provision) will stand postponed.

(6)     When consideration on all clauses and other provisions of a bill, including amendments made by the Council, is completed, if any suggested amendments (including to omit a clause or other provision) have been agreed to, the Deputy President will report progress and a Message will be sent to the Assembly suggesting that they make the amendments agreed to by the Council.

(1)     When the bill has been fully considered in Committee of the whole, the Deputy President will report the bill (or the bill as amended) to the Council without any question being put.

(2)     Every report from a Committee of the whole will be brought up without any question being put.

(3)     When a bill is reported from Committee of the whole, the Council
may —

(a)     adopt the report immediately, or at a future day fixed for that purpose;

(b)     postpone the further consideration of the report; or

(c)     recommit the bill to the Committee of the whole.

(4)     If the Committee of the whole has not completed its consideration of a bill, the Deputy President will be directed to report progress and ask leave to sit again.

(5)     Whenever the Deputy President reports progress, the Chair will put the question “That the Committee of the whole sit again at [a future time]”, as advised by a Minister or member in charge of the bill. Such question may be amended and debated.

At any time before the passage of the third reading, a member may move without leave that a bill be reconsidered in Committee of the whole, in whole or in part.

(1)     When the report from Committee of the whole has been adopted, the question will be put “That the bill be now read a third time and do pass”.

(2)     When the question “That the bill be now read a third time and do pass” is put, amendments may be moved as on the second reading.

(3)     The further proceedings on a third reading of a bill may be adjourned to a future day.

(1)     Where a bill requires the third reading to be passed by an absolute or special majority of the whole number of the members of the Legislative Council, the questions “That the bill be now read a third time” and “That the bill do pass” will be put.

(2)     Where an absolute or special majority is required on the third reading the bells will be rung as for a division.

(3)     When an absolute or special majority has been obtained on the third reading the President will declare that the third reading has been carried with the concurrence of an absolute or special majority of the whole number of the members of the Legislative Council.

(1)     If an absolute or special majority is not obtained on the third reading as required, except where a division has been called, the President will adjourn the bill until the next day of meeting without any further question being put.

(2)     If an absolute or special majority is still not obtained when the question for the third reading is again proposed, the President will, if a simple majority of members is in favour of the question, declare that the third reading has been carried and that an absolute or special majority has not been obtained as required.

When the third reading of a bill is agreed to, it is passed without any further question being put.

When a bill which originated in the Assembly is rejected by the Council or lapses pursuant to Standing Orders 14.27(1)(c) or 14.29(2)(c) a Message will be sent to the Assembly informing them accordingly.

(1)     When the bill has passed all stages the Clerk will sign the bill to certify that it is the bill as agreed to by the Council.

(2)     If a bill has passed its third reading in the Council with the concurrence of an absolute or special majority of the whole number of the members of the Council, the Clerk will certify the fact on the bill accordingly.

When a bill which originated in the Council has been passed and then certified by the Clerk it will be transmitted to the Assembly with a Message requesting their agreement.

When a bill is returned from the Assembly with amendments, the amendments will be circulated and a time will be fixed for taking them into consideration.

(1)     The amendments made by the Assembly may be —

(a)     agreed to either with or without amendments; or

(b)     disagreed with; or

(c)     deferred indefinitely, in which case the bill lapses.

(2)     After the Council has dealt with the amendments, a Message will be sent to the Assembly informing them accordingly, without a question being put.

When a bill which originated in the Assembly has been passed by the Council and certified by the Clerk it will be returned to the Assembly with a Message informing the Assembly that the Council has —

(a)     agreed to the bill without amendment; or

(b)     agreed to the bill subject to the amendments contained in the schedule attached and the Assembly agreement to such amendments is requested.

(1)     Where a bill is returned from the Assembly with a Message disagreeing with the amendments made by the Council, agreeing to the amendments with further amendments or making new amendments on the amendments, the amendments will be circulated and a time fixed for taking the Message into consideration.

(2)     When the Council considers the Message from the Assembly it will —

(a)     insist or not insist on its amendments;

(b)     agree or not agree with any further amendments made by the Assembly; or

(c)     defer further consideration of the bill indefinitely, in which case the bill lapses.

Whenever the Governor proposes any amendment to be made in a bill originated in the Council and presented to the Governor for assent, and transmits such amendment by Message to the Council, the amendment will be agreed to or not agreed to by the Council, but no amendment may be proposed to that amendment.

When the Council has agreed to any amendment proposed by the Governor pursuant to Standing Order 14.30, that amendment will be transmitted by Message to the Assembly for their agreement.

Whenever the Assembly has agreed to any amendment proposed by the Governor to be made in a bill originated in the Assembly, and transmit such amendment to the Council, the amendment will be agreed to or not agreed to by the Council, but no amendment may be proposed to that amendment.

Where a bill has been amended, the Clerk is authorised to carry out any consequential renumbering required in it, except in relation to text being inserted or substituted in Principal Acts.

Clerical or typographical errors may be corrected in any part of a bill by the Clerk after such bill has been read a third time and passed, and the Clerk will inform the Council what errors were corrected.

(1)     At any time following the introduction of a bill, a Minister may without notice declare a bill to be an urgent bill and move “That the bill be treated as an urgent bill”.

(2)     No amendment will be permitted to the question.

(3)     When a bill has been declared urgent, the second reading debate and all subsequent stages may proceed immediately or at any time during any sitting without leave.

(4)     A member may move to adjourn debate or do any other thing normally permitted to be done to a bill, notwithstanding that the bill has been declared urgent.

(1)     A Minister or member in charge of a bill transmitted from the Assembly pursuant to Standing Order 14.03 may make a statement to the House that the bill is identical in substance to a bill already in the Council.

(2)     Such a statement may only be made —

(a)     after the corresponding Council bill has been read a second time and the Committee of the whole stage (if any) has been completed within the previous six months; and

(b)     after the statement of compatibility with the Charter of Human Rights and Responsibilities Act 2006 has been tabled and the second reading speech has been given or incorporated pursuant to Standing Order 14.07 for the identical bill transmitted from the Assembly.

(3)     If the President is of the same opinion in relation to a statement made under Standing Order 14.36(1), the President will declare the bill transmitted from the Assembly to be an identical bill.

(4)     When a bill is declared to be identical by the President under Standing Order 14.36(3) any further debate on the question “That the bill be now read a second time” will be dispensed with and the question will be put immediately without amendment. No other question may then be proposed except “That the bill be now read a third time and do pass” which will be put without amendment or debate.

(5)     Standing Order 7.06 does not apply to bills dealt with under this Standing Order.

After the second reading speech on a bill has been given, the President may rule the bill is a private bill. The Council may order the bill to be dealt with as a public bill.

(1)     Where a private bill has not been ordered to be dealt with as a public bill, the President will publish a statement about the general nature and objects of the bill in a newspaper circulating generally in Victoria and, if applicable, in a newspaper circulating in the relevant locality.

(2)     Where any advertisement has been published, no further debate on the bill will be permitted until a report has been made by the President pursuant to Standing Order 14.40 or until the expiration of time for objections pursuant to Standing Order 14.39.

(1)     A person or body who considers that a provision in the bill has a direct and adverse effect on them may within 21 days after the publication of the statement pursuant to Standing Order 14.38, lodge a written objection to the Clerk.

(2)     The Clerk must notify the Council of any written objections during formal business at the next sitting and any such objections will be ordered to lie upon the Table.

(1)     If a written objection is made to the Clerk pursuant to Standing Order 14.39, the President must appoint a panel of examiners of at least two Acting Presidents to consider the objection and to report to the President on whether it raises sufficiently important matters to justify the appointment of a select committee to consider the bill.

(2)     The President must inform the Council of the recommendation made by the panel to each objection.

(1)     Unless the Council dispenses with fees, the promoter of a private bill must pay to the Department of the Legislative Council a deposit to be determined by the President before the bill is read a second time and a receipt for that payment will be produced by the member having charge of the bill.

(2)     Before the bill is further considered by the Council the promoter must then pay an amount, less the deposit, to reimburse all expenses involved in the preparation and passage of the bill, including costs of —

(a)     drafting and printing;

(b)     circulation and advertising; and

(c)     any select committee appointed to consider it.

A private bill is dealt with in the same way as a public bill except for the procedures in Standing Orders 14.37 to 14.41.

When the Council resolves itself into Committee of the whole the President will leave the Chair without putting any question and the Deputy President will preside over the Committee.

(1)     The same number of members will be required to form a quorum* in Committee of the whole as are required to form a quorum of the Council.

(2)     If a member draws attention to the lack of a quorum of members during Committee of the whole the bells will be rung as for a division, and after the bells have been rung count the members present in the Chamber. If, after the members have been counted and a quorum of members is not present, the Deputy President will leave the Chair and the President will resume the Chair.

(a)     If, on the report of a division, it appears that a quorum of members is not present, the Deputy President will leave the Chair and the President will resume the Chair. No decision will be considered to have been reached by that division.

(3)     When the President has resumed the Chair under Standing Order 15.02(2), the President will count the members present in the
Chamber and —

(a)     if a quorum of members is present, the Council will again resolve itself into Committee of the whole without any question being put; and

(b)     if a quorum of members is not present, the President will adjourn the Council in accordance with Standing Order 4.03.

(4)     The doors of the Chamber will be unlocked when the President is engaged in counting the Council to determine whether there is a quorum present.

* To constitute a quorum there must be present (inclusive of the President) one-third at least of the members of the Council [See section 32(1) of the Constitution Act 1975]

A Committee of the whole will consider such matters only as have been referred to them by the Council.

(1)     During Committee of the whole a member may sit at the Table to assist the Minister or member in charge of the bill.

(2)     The Minister or member in charge of the bill may, subject to leave being granted, request that a member assisting at the Table under Standing Order 15.04(1) be allowed to answer a question or questions on the bill and participate in debate at the Table.

(1)     Except as provided by these Standing Orders, the same rules as to the conduct of members, or of debate, procedure or general conduct of business, will be observed in Committee of the whole as in the Council itself.

(2)     Every question in Committee of the whole will be decided by a majority of voices.

(3)     Divisions will be taken in Committee of the whole in the same manner as in the Council itself.

(4)     The Deputy President or Acting President when in the Chair will in all cases vote by stating to the Committee of the whole whether they vote with the “Ayes” or “Noes”.

(5)     A motion may be proposed during Committee of the whole “That the Deputy President report progress and ask leave to sit again”.

(6)     No motion “That this question be not now put” will be allowed in Committee of the whole.

(7)     A resolution “That the Deputy President do now leave the Chair” will supersede the proceedings of a Committee of the whole.

(1)     Debate on clause 1 of a bill will be limited to the purposes of the bill.

(2)     Debate will be strictly relevant to any other clause, schedule, preamble, amendment or new clause which is under consideration and no general debate will be permitted.

(3)     In Committee of the whole a member may speak more than once on any question.

(4)     A member must not refer to the proceedings of a parliamentary committee on a bill until the proceedings have been reported.

(1)     Disorder in a Committee of the whole can be censured only by the Council upon receiving a report thereof.

(2)     If any sudden disorder arises in Committee of the whole, the President may resume the Chair without any question being put.

(3)     Any member —

(a)     using objectionable words in Committee of the whole and not explaining or retracting the same; or

(b)     behaving offensively to the Committee or any member and not making an apology to the satisfaction of the Committee when required —

will have their conduct reported to the Council by the Deputy President, who will suspend the proceedings of the Committee of the whole.

When making a report from Committee of the whole (including a report of progress), the Deputy or Acting President, upon leaving the Committee of the whole, may take the President’s Chair and report directly to the Council.

When a question is proposed to the Council by the President, the President will state whether in their 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.

(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 has expired.

(2)     When successive divisions occur without any intervening debate, the Chair may direct that the bells for the ensuing divisions be rung for one minute only.

(3)     At the expiration of four minutes the doors will be closed and locked. No member will enter or leave the Chamber until after the result of the division has been declared.

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

(5)     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”.

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

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

The Chair will in all cases vote by stating to the Council whether they vote with the “Ayes” or “Noes”.

(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 their 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 their desire to have the division recorded in the normal way, the President will direct a Table Officer to act as second teller for the minority, and the division will be permitted to proceed.

(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.

No member will be entitled to vote upon any question in which they have 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.

While the Council is dividing a member can only raise or speak to a point of order by permission of the President.

(1)     If the Council or a Committee of the whole requires the attendance of a member of the Council as a witness, they will be ordered to attend in their place.

(2)     A member of the Council will be examined in their place.

(1)     If a Council committee requires the attendance of a member of the Council as a witness, the Chair will in writing request they attend.

(2)     If any member of the Council refuses to give evidence as a witness to a Council committee when requested to do so, the committee will report the matter to the Council.

If the Council or a Council committee desires the attendance of a member or officer of the Assembly as a witness, a Message will be sent to the Assembly requesting that leave be given to such member or officer to attend to give evidence in relation to the matters stated in such Message.

(1)     Witnesses will be summoned in order to be examined at the Bar of the Council or a Council committee, by orders of the Council, signed by the Clerk.

(2)     A Council committee may summon witnesses by its own order, signed by the Chair or Committee Manager.

(3)     If any witness does not attend pursuant to the order of a committee their absence will be reported, and the Council may order that they attend the Council. Such order may be discharged if the witness attends the committee before the time appointed for attending the Council.

If the Council requires the attendance of a witness who is in the custody of any person, such person may be ordered to bring the witness whenever their attendance is required and the President may issue their warrant accordingly.

If a witness fails or refuses to attend pursuant to an order of the Council or of a committee, or pursuant to a warrant of the President, the Council may censure the witness or declare them guilty of contempt.

(1)     A witness appearing before the Council will be examined by the President only. Other members may put any question to the witness through the President.

(2)     A witness in custody at the Bar will be examined by the President only.

(3)     If any question is objected to, or other matters arise, the witness will withdraw from the Chamber while the matter is under discussion.

All witnesses examined before the Council or any Council committee will be entitled to the protection of the Council in respect of anything that may be said by them in their evidence.

No Clerk or officer of the Council, or person employed to take minutes of evidence before the Council or before any committee thereof, may give evidence elsewhere in respect of any proceedings or examination had at the Bar or before any committee of the Council, without the Council’s special leave.

If it appears that any person has —

(a)     by fraud, intimidation, force or threat of any kind, by the offer or promise of any inducement or benefit of any kind, or by other improper means, influenced another person in respect of any evidence given or to be given before the Council or a committee; or

(b)     been directly or indirectly endeavouring to deter or hinder any person from appearing or giving evidence; or

(c)     given any evidence which they know to be false or misleading in any case before the Council or any committee —

such person may be declared guilty of contempt.

A Message signed by the Governor will be read to the Council by the President at the earliest opportunity and, if necessary, a day will be fixed for taking the same into consideration.

(1)     Addresses to the Governor may be presented by the whole Council, by the President, or by such members as the Council may name for that purpose.

(2)     When an address is ordered to be presented by the whole Council the President will read the address to the Governor, accompanied by the members who moved and seconded such address.

(3)     Unless otherwise ordered by the Council, all addresses to the Governor will be forwarded by the Clerk.

(1)     The Governor’s answer to any address presented by the Council will be reported to the Council by the President.

(2)     The Governor’s answer to any address presented otherwise than by the President will be reported to the Council by the member or one of the members presenting the same.

The Clerk will keep custody of all records or other documents belonging to the Council and will not permit any to be removed without leave of the Council, or during any adjournment or prorogation, without leave of the President.

(1)     All proceedings of the Council will be recorded by the Clerks, and such records will constitute the Minutes of the Proceedings of the Council.

(2)     The Minutes of the Proceedings will be signed by the Clerk of the Council and published under the authority of the Legislative Council, Parliament of Victoria.

(3)     The record of the Committee of the whole Council will be published as a supplement to the weekly Minutes of the Proceedings.

(4)     The Council may at any time by order restrain the publication of its proceedings.

The President may authorise reproduction and/or publication for educational or historical purposes, subject to any conditions the President sets, of documents tabled in the Council more than 30 years earlier and not ordered to be published as parliamentary papers.

(1)     Where documents or evidence have been presented to a Council committee but not tabled in the Council they may be transferred by the Clerk to the Public Record Office.

(2)     The President, subject to Standing Order 19.04(3), may permit any person to examine and copy such documents or evidence.

(3)     If the documents or evidence were accepted by the committee on a confidential or restricted basis, disclosure will not take place unless the documents or evidence have been in the custody of the Council for at least 30 years and, in the opinion of the President disclosure is appropriate.

(4)     A statement of any documents or evidence disclosed under Standing Order 19.04(3) must be included in the annual report of the Department of the Legislative Council.

The Clerk will keep a record of the name and the nominated address of every member.

(1)     Broadcast is transmission of proceedings, by any medium, including but not limited to television, radio, internet and still photography, and including any rebroadcasting.

(2)     Council proceedings are official business conducted in the Legislative Council Chamber that are presided over by the Chair.

(3)     Committee proceedings are official business conducted by the Legislative Council committees that are presided over by the Chair and the official business of any joint committees administered by the Legislative Council.

The Council authorises, on such terms and conditions as may be determined by the President —

(a)     the filming and photography of its proceedings and the public proceedings of its committees; and

(b)     the broadcasting of such proceedings or excerpts of proceedings in any form;

and such terms and conditions must not be inconsistent with any relevant statutory provisions applying to the Council or committees.

(1)     Filming, photography and broadcasting may only occur when the Chair is presiding over the House or Committee.

(2)     The broadcast may only include activities related to the Council or committee proceedings.

(3)     Filming, photography and broadcast of the public gallery must not occur, unless an exception has been granted by the President.

(4)     Broadcast material must ensure that excerpts of proceedings are placed in context.

(1)     Broadcast material shall only be used for the purposes of providing —

(a)     a fair and accurate report of proceedings; and

(b)     a reasonable balanced presentation of views.

(2)     Broadcast material must not be used —

(a)     for political party advertising or election campaigns;

(b)     for commercial sponsorship or commercial advertising; and

(c)     in a way that is misleading.

(1)     When any matter of privilege arises a member will, unless circumstances prevent, give written notice of the alleged breach of privilege or contempt to the President as soon as reasonably practicable after the matter has come to attention.

(2)     If the matter arises from a published statement the member will provide the President with a copy of the publication.

(3)     The President will determine as soon as practicable whether the matter merits precedence over other business.

(4)     If in the opinion of the President the matter merits precedence, they will inform the Council of this decision, and the member who raised the matter may forthwith move a motion without notice in relation to the matter.

(5)     If in the opinion of the President the matter does not merit precedence, they will inform the member in writing accordingly, and may also inform the Council of this decision.

(6)     A decision by the President not to allow precedence will not prevent a member from proceeding with the matter by motion.

(1)     A person or organisation who has been referred to in the Council by name, or in such a way as to be readily identified, may make a submission in writing to the President requesting that they be permitted to incorporate an appropriate response in the parliamentary record.

(2)     In the submission the applicant must claim that they have been adversely affected in reputation or in respect of dealings or associations with others, or injured in occupation, trade, office or financial credit, or that their privacy has been unreasonably invaded by reason of that reference.

(1)     If the President is satisfied that the subject of the submission is not so obviously trivial or the submission so frivolous, vexatious or offensive in character they may determine —

(a)     that no further action be taken in relation to the submission; or

(b)     that a response by the person or organisation who made the submission be published by the Council and incorporated in Hansard.

(2)     The President will inform the Council of their decision.

In considering a submission the President —

(a)     may confer with the person or organisation who made the submission;

(b)     must give notice of the submission in writing to the member who referred in the Council to that person and then consult with the member prior to any response being presented to the Council; and

(c)     will not consider or judge the truth of any statements made in the Council or the submission.

A response presented to the Council will —

(a)     be succinct and strictly relevant to the questions in issue and will not contain anything offensive in character; and

(b)     not contain any matter the publication of which would have the effect of —

(i)      unreasonably adversely affecting or injuring a person, or unreasonably invading a person’s privacy, in the manner referred to in that Standing Order; or

(ii)     unreasonably adding to or aggravating any such adverse effect, injury or invasion of privacy suffered by a person or organisation.

(1)     The President may direct the Usher of the Black Rod to take into custody any stranger who —

(a)     is in any part of the Chamber reserved for the members of the Council;

(b)     having been admitted to any part of the Chamber or gallery, misconducts themselves or does not withdraw when strangers are directed to withdraw;

(c)     wilfully interrupts the business of the Council;

(d)     obstructs the approaches to the Chamber; or

(e)     creates a disturbance within the precincts of the Chamber.

(2)     Persons taken into custody under this Standing Order will not be released without the authority of the President.

No strangers will, without leave of the Council, be admitted to the floor of the Chamber within the Bar while the Council is sitting.

The President only will have the privilege of admitting strangers to the floor of the Chamber, but every member will have the privilege of admitting strangers to the galleries of the Chamber.

(1)     During any sitting the President may order strangers to withdraw from any part of the Council.

(2)     A member may move, without notice, at any time “That strangers be ordered to withdraw”. Such motion must be put immediately without amendment or debate.

(1)     Any person who disobeys an order of the Council or wilfully interrupts the sitting of the Council may be declared guilty of contempt by the Council.

(2)     The President will direct the Usher of the Black Rod to take into custody any person declared guilty of contempt.

Members of the Assembly may only be admitted to the floor of the Council Chamber by order of the President.

A place may be provided for the Speaker of the Assembly on the floor of the Council Chamber.

Provisions relating to the operation of committees apply to the standing, procedure, privileges and select committees and sub-committees established by these Standing Orders, except where otherwise stated or resolved by the Council.

(1)     At the commencement of each Parliament the following standing committees will be appointed:

(a)     Economy and Infrastructure Standing Committee;

(b)     Environment and Planning Standing Committee; and

(c)     Legal and Social Issues Standing Committee.

(2)     At the commencement of each Parliament a Procedure Committee will be appointed to consider any matter relating to the practices and procedures of the House referred to it by the Council or the President.

(3)     At the commencement of each Parliament a Privileges Committee will be appointed to consider any matter relating to the privileges of the House referred to it by the Council.

(4)     The Council may appoint select committees to consider matters referred by the House. A motion for the appointment of a select committee will state the purposes of such committee.

(1)     The Economy and Infrastructure Standing Committee will inquire into and report on any proposal, matter or thing concerned with agriculture, commerce, infrastructure, industry, major projects, public sector finances and transport.

(2)     The Environment and Planning Standing Committee will inquire into and report on any proposal, matter or thing concerned with the arts, coordination of government, environment, and planning the use, development and protection of land.

(3)     The Legal and Social Issues Standing Committee will inquire into and report on any proposal, matter or thing concerned with community services, education, gaming, health, and law and justice.

(4)       References concerning departments and agencies shall be allocated to the committees in accordance with a resolution of the Council allocating departments and agencies to the committees

(1)     A standing committee must inquire into, consider and report to the House on any proposal, matter or thing that is relevant to its functions and has been referred to the committee by resolution of the Council.

(2)     A resolution of the Council may specify a period of time within which the standing committee must make a final report to the House on the proposal, matter or thing.

(3)     A standing committee may resolve to inquire into, consider and report to the House on any matter, including bills or draft bills, annual reports, estimates of expenditure or other documents laid before the Legislative Council in accordance with an Act or Standing Order, provided these are relevant to their functions.

(4)     In carrying out its functions, a standing committee must comply with any limitation of time specified in Standing Order 23.04(2).

(5)     A list of current inquiries being considered by each standing committee must be listed on the Notice Paper.

(1)     A committee will normally consist of eight members unless otherwise ordered by the Council.

(2)     Committee membership will have regard to the proportionality of parties and independents in the Council.

(3)     Members and participating members will be appointed to committees by resolution of the Council.

(4)     A member ceases to be a member of a committee if —

(a)     the member’s seat becomes vacant; or

(b)     the member resigns in writing to the President; or

(c)     the member is discharged by the Council.

(5)     A list of members serving on committees must be listed on the Notice Paper.

(1)     Unless otherwise provided by the House, the majority of the members appointed to the committee will constitute a quorum of the committee.

(2)     A committee may proceed to the despatch of business notwithstanding that all members have not been appointed and notwithstanding any vacancy.

(1)     Participating members may participate in hearings and meetings, and have all the rights of members of committees, but may not vote on any questions before the committees.

(2)     A participating member must not be counted for the purpose of forming a quorum.

(1)     Participating members may be further appointed as substitutes for other members on the standing committees in respect of nominated meetings, a defined period of time or inquiry of the committee.

(2)     Substitute members are to be appointed by either the member of the committee intending to substitute off or the leader of that member’s party, writing to the Chair of the committee appointing a participating member to act as the member’s substitute on the committee for nominated meetings, a defined period of time or an inquiry.

(3)     Substitute members have all the rights of members of committees and shall be taken to be a member of a committee for the purpose of forming a quorum.

(4)     A member who has been substituted off a committee must not participate in any proceedings of the committee for the nominated meetings, defined period of time or inquiry that they have been substituted off for, as specified in Standing Order 23.08(2).

(1)     A standing committee, the Procedure Committee and a select committee established pursuant to Standing Order 23.02 may appoint sub-committees consisting of three or more of its members, and refer to any such sub-committee any of the matters which the committee is empowered to consider.

(2)     The committee, when establishing a sub-committee, must appoint one of its members as Chair of the sub-committee.

(3)     A sub-committee will report to the committee as soon as practicable on each matter referred to that sub-committee.

(1)     Each committee shall elect one of its members to be Chair.

(2)     The President will be the Chair of the Procedure Committee.

(3)     Each committee must elect a Deputy Chair and, in the absence of the Chair, any powers and duties of the Chair may be exercised by the Deputy Chair.

(4)     If a committee cannot resolve the election of its Chair and/or Deputy Chair, either position may be determined by the Council.

If the Chair and Deputy Chair are absent from any meeting or hearing the members present may appoint another member of the committee to act as Chair for that meeting or hearing.

(1)     A committee must not sit while the Council is actually sitting unless specifically empowered to do so by the Council.

(2)     Committee deliberative meetings will always be conducted in private.

(3)     A committee may adjourn until a time and place of its choosing.

(4)     If a quorum of members is not present within half an hour after the time fixed for the meeting of any committee, the meeting will lapse and the next meeting of the committee will be called by the Chair.

(5)     If at any time during the sitting of a committee the quorum of members is not present, the Committee Manager will call the attention of the Chair to the fact, who will suspend the proceedings of the committee until a quorum is present, or adjourn the meeting.

(6)     An audio link or audio visual link may be used by members of a committee in order to attend and participate in meetings of the committee, be counted for the purposes of quorum, and vote on any question before the committee.

(7)     A member seeking to attend a meeting by audio link or audio visual link must give reasonable notice to the Chair and secretariat of the committee so as to allow sufficient time for arrangements to be put in place to facilitate the link.

(8)     Members must be satisfied that the audio link or audio visual link is of sufficient quality to —

(a)     verify the identify of the member attending via the link; and

(b)     enable participation in the meeting by that member.

(1)     Unless otherwise provided in these Standing Orders, a question arising at a committee meeting must be determined by a majority of votes of members present.

(2)     The Chair of a standing committee, in addition to exercising a deliberative vote, when votes on a question are equally divided, shall have a casting vote.

(3)     The Chair of the Procedure Committee has a deliberative vote only.

(4)     The Chair of the Privileges Committee has a deliberative vote only.

(5)     Unless otherwise provided, the Chair of a select committee, in addition to exercising a deliberative vote, when votes on a question are equally divided, shall have a casting vote.

Minutes of proceedings must be taken of each meeting of a committee and must record —

(a)     the names of the members who attended;

(b)     every motion or amendment proposed and the name of its mover; and

(c)     the divisions and the names of the members voting for each side on a question.

Each committee must publicise the terms of reference for an inquiry and may call for submissions. All submissions received by the committee will be treated as public documents unless the committee otherwise orders.

(1)     A committee may send for persons, documents and other things.

(2)     Unless otherwise determined by the committee, a transcript will be taken of all formal evidence.

(3)     Unless the Council or a committee otherwise determines, all evidence will be taken in public and may be published immediately (public hearing).

(4)     A committee may take evidence in private which will remain confidential unless authorised for disclosure under Standing Order 23.17 (in camera hearing).

(5)     A committee may take evidence in private but use it as public evidence and it may be published immediately. The committee must inform the person giving the evidence that it is received by the committee on the basis that it will be made public (closed hearing).

(6)     A committee may take evidence in any manner that the committee considers appropriate including by means of audio link, audio visual link or any other electronic means.

(7)     Without limiting or affecting the generality of section 19A of the Constitution Act 1975, evidence given before a committee in accordance with Standing Order 23.16(6) must, if the committee so requires, be given on oath or affirmation.

(8)     An oath to be sworn or affirmation to be made by a witness who is to give evidence by audio link or audio visual link may be administered either —

(a)     by means of the audio link or audio visual link, in as nearly as practicable the same way as if the witness were to give evidence at the place at which the committee is sitting; or

(b)     at the direction of, and on behalf of, the committee at the place where the witness is located by a person authorised by the committee.

(1)     A committee may authorise the publication of any documents, papers and submissions presented to it.

(2)     Evidence not taken in public and any documents, papers and submissions received by the committee which have not been authorised for publication will not be disclosed unless they have been reported to the Council.

Where a committee lapses or ceases to have legal existence before it can report to the Council, the evidence received by that committee can be considered by any other committee appointed in the same or next Parliament inquiring into the same subject matter.

(1)     The Chair of a committee will prepare any draft report for consideration by the committee.

(2)     A draft report or a report adopted by a committee is strictly confidential to the committee until it reports to the Council.

(1)     A draft report will be circulated to members of a committee.

(2)     A report will be considered paragraph by paragraph or groups of paragraphs and a question put “That the paragraph/s (as amended) stand part of the report”.

(3)     A member may move amendments to a paragraph at the time it is under consideration.

(4)     After all paragraphs and appendices (if any) have been considered, the question will be put “That the draft report (as amended), be the report of the Committee”.

(5)     Any division on a question relating to the adoption of a draft report must be included in the committee’s report to the Council.

When requested to do so by one or more members of a committee, the committee will include with its report to the Council a minority report.

(1)     After a report of a committee is adopted by the committee, the Chair must —

(a)     cause the report to be tabled in the House; or

(b)     if the House is not sitting within 21 days of the adoption of the report and the committee unanimously agrees, give the report to the Clerk.

(2)     If a report is received by the Clerk under Standing Order 23.22(1)(b), the Clerk must —

(a)     as soon as practicable after the report is received, give a copy of the report to each member of the Council; and

(b)     present the report to the Council on the next sitting day of the Council.

(3)     A report tabled by the Chair under Standing Order 23.22(1)(a) may be ordered to be published by the Council.

(4)     A report that is given to the Clerk under Standing Order 23.22(1)(b) is taken to have been published by authority of the Legislative Council.

(1)     If a committee’s report to the Council recommends that the Government take a particular action with respect to a matter, within six months of the report being laid before the Council the appropriate responsible Minister must —

(a)     provide the Council with a Government response to the committee’s recommendations; or

(b)     if the Council is not sitting, lodge the response with the Clerk.

(2)     On receipt of a Government response under Standing Order 23.23(1)(b) the Clerk must —

(a)     as soon as practicable, give a copy of the response to each member of the Council; and

(b)     present the response to the Council on the next sitting day of the Council.

(3)     A Government response that is given to the Clerk under Standing Order 23.23(1)(b) is taken to be published by authority of the Legislative Council.

(4)     The President will report to the House every six months on all Government responses that were due to be provided but were not provided in the preceding 12 months.

Each committee shall be provided with all necessary staff, facilities and resources and shall be empowered to appoint persons with specialist knowledge for the purposes of the committee, with the approval of the President.

In all cases that are not provided for in these Standing Orders or by Sessional or other orders, or by the practice of the Council, the President will determine the matter and reference may be made to the rules, forms and practices of parliaments operating under the Westminster system.

The Council may from time to time adopt Sessional Orders which will have effect for the duration of the Session, unless a lesser period is agreed to by the Council.

Any or all of the Standing, Sessional or other orders and Rules of Practice may at any time be suspended or dispensed with by the Council, but (except by leave of the Council or on the ground of urgency) no motion will be made to dispense with any such order or rule without due notice.

(1)     When the question of urgency arises in relation to the application of Standing Orders 1.10 or 24.03, such question will be decided by the Council upon motion without notice or debate, other than a statement by the mover of the particulars claimed to establish urgency.

(2)     No such motion will be allowed where the President declares that in their opinion the case could not reasonably be regarded as one of urgency.

In these Standing Orders, the expression ‘leave of the Council’ means the leave of the Council granted without any dissenting voice.