Chapter 10 - Debate
Disorder
A senator is guilty of an offence if the senator:
-
persistently
and wilfully obstructs the business of the Senate;
-
is
guilty of disorderly conduct;
-
uses
objectionable words, and refuses to withdraw such words;
-
persistently
and wilfully refuses to conform to the standing orders; or
-
persistently
and wilfully disregards the authority of the Chair (SO 203(1)).
The President may
report to the Senate that a senator has
committed an offence; this is known as “naming” the senator.
A senator who has
been reported as having committed an offence is called upon to make an
explanation or apology. It is open to the
chair to accept the explanation or apology (see, for example, ruling of Acting
Deputy President Aulich, SD, 25/6/1992, pp 4626-37). If the explanation or apology is not
acceptable, a motion may be moved that the senator be suspended from the
sitting of the Senate, and that motion must be put and
determined without any amendment,
adjournment or debate (SO 203(3)).
If an offence is
committed in committee of the whole, the Chair of Committees reports the matter
to the President, the Senate resuming for that purpose (SO 203(2)).
If two or more senators are reported for offences, separate suspension
motions are moved (4/3/1932, J.28; 30/5/1972, J.1024).
The suspension of a senator is for the remainder of that day’s sitting,
but if a senator commits a second offence in the same calendar year the
suspension is for seven sitting days, and for any subsequent offences within a
calendar year a suspension is for 14 sitting days. A senator who has been
suspended from the sitting of the Senate may not enter the Senate chamber
during the period of the suspension (SO 204).
The suspension of a
senator from the sitting of the Senate does not prevent the senator attending a
meeting of a Senate committee, and does not affect any of the senator’s other
entitlements.
On 19 December 1991 the suspension of a senator was rescinded after debate
on the incident leading to the suspension (19/12/1991, J.1985-6, 1990).
A senator who leaves the chamber after being reported for an offence
may be ordered to return (18/10/1962, J.156; 9/5/1968, J.71; 22/4/1971, J.534). A senator who wilfully disobeys an order of
the Senate may be ordered to attend the Senate and may be taken into custody
(SO 206).
The Senate may
impose a greater penalty on a senator by special order if the Senate considers
that course appropriate (statement by President McMullin, 9/5/1968, J.72). The power of the Senate to punish contempts
under section 49 of the
Constitution and the Parliamentary
Privileges Act 1987 extends to senators (see Chapter 2, Parliamentary
Privilege).
The procedures relating to disorder are salutary in that the
responsibility for maintaining order is imposed on the whole Senate, rather
than the chair or any other particular authority. This principle is reflected
in the rule that any senator may move a suspension motion, and the Senate must
vote on it.
Suspensions of senators for disorder are now very rare in the Senate.
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