E. Sanctions for disorder in other jurisdictions

E. Sanctions for disorder in other jurisdictions

Table E.1Summary of sanctions for disorder by jurisdiction[1]

Jurisdiction

Chamber

Withdrawal period

Suspension period(s)

Comments/notes

Australia (Federal)

Senate

N/A

Remainder of sitting day;

Seven sitting days;

Fourteen sitting days.

Odgers’ notes: ‘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.’[2]

Australian Capital Territory

Legislative Assembly

N/A

Three sitting hours;

Two sitting days;

Three sitting days.

Member may participate in committee proceedings but may not lodge notices, questions, petitions or matters of public importance.

New South Wales

Legislative Assembly

Up to three hours or remainder of the sitting day.

Two sitting days;

Four sitting days;

Eight sitting days.

Removal may be directed if Member called to order three times in one sitting. Removal excludes Member from Parliamentary precincts and Member cannot take part in any proceeding of the House or its committees, even if committee business is being conducted outside of the precincts.

New South Wales

Legislative Council

A period of time as the Chair may decide but not beyond the end of the sitting.

Any period the House decides (until the House terminates suspension and/or Councillor apologises).

Withdrawal may be ordered if Councillor called to order three times in one sitting.

Northern Territory

Legislative Assembly

One hour.

Twenty-four hours;

Two meeting days;

Three meeting days.

Members ordered to withdraw can vote in divisions or be counted for quorum.

Queensland

Legislative Assembly

Up to one hour or remainder of the sitting day.

As specified in motion to suspend, not exceeding seven sitting days, or fourteen days if the Member refuses to obey the direction of the Speaker.

Option to allow withdrawn Member to vote in divisions.

Suspended Members excluded from parliamentary precinct.

South Australia

House of Assembly

Up to one hour.

Remainder of sitting;

Three sitting days;

Eleven sitting days.

South Australia

Legislative Council

N/A

Remainder of sitting;

One week;

One month.

Member must withdraw from the precincts of the Council upon suspension.

Tasmania

House of Assembly

Any period up to 24 hours.

Twenty-four hours;

Seven days;

Twenty-eight days.

Members ordered to withdraw can vote in divisions or be counted for quorum.

Tasmania

Legislative Council

N/A

Twenty-four hours;

Seven days;

Twenty-eight days.

Member must withdraw from the precincts of the Council upon suspension.

Victoria

Legislative Assembly

Up to one and a half hours.

Remainder of that sitting or period decided by House.

Members ordered to withdraw can vote in divisions. Time for withdrawal carries over to next sitting if not expired at adjournment.

Victoria

Legislative Council

Up to thirty minutes.

Remainder of that sitting or period decided by House.

Members ordered to withdraw can vote in divisions. Time for withdrawal carries over to next sitting if not expired at adjournment.

Western Australia

Legislative Assembly

Remainder of sitting day.

Two sitting days;

Four sitting days;

Thirteen sitting days.

If Member continues to offend before leaving, may incur a penalty of three further sitting days per offence.

Withdrawal may be ordered if Member called to order three times in one sitting.

Suspended Members are excluded from the Chamber, galleries and committees.

Notices may not be given (including through another Member), questions on the Notice Paper in the name of the Member are postponed and may not be answered.

Western Australia

Legislative Council

N/A

One sitting day;

Four sitting days;

Thirteen sitting days.

Suspended Members excluded from Chamber and galleries, committee meetings and may not have a notice of motion given or moved, a question asked or a petition presented on their behalf during the suspension.

New Zealand

House of Representatives

Up to remainder of sitting day.

Twenty-four hours;

Seven days;

Twenty-eight days.

Members ordered to withdraw may not return to Chamber to ask/answer questions, nor have another Member ask a question on their behalf, but can vote in divisions.

If a Member suspended refuses to leave the Chamber, they are (without further question being put) suspended for the remainder of the calendar year.

Members receive a salary penalty for the period of the suspension on second, third and subsequent offences.

Canada

House of Commons

Remainder of sitting day.

N/A

Speaker can refuse to recognise a Member until the offending remarks are retracted and the member apologises.

Canada

Senate

N/A

N/A

In cases of grave disorder, Speaker may suspend sitting for up to three hours.

United Kingdom

House of Commons

Remainder of sitting day.

Five sitting days;

Twenty sitting days;

until the House resolves that the suspension terminates.

Salary of suspended Members withheld for the duration of the suspension.

Member may voluntarily withdraw from Chamber for remainder of sitting without invoking a standing order.

Member may be forced to vacate their seat if suspended for more than ten sitting days, following a report from the Committee on Standards or Independent Expert Panel.[3]

United Kingdom

House of Lords

N/A

As specified by motion in the House.

Motion to suspend (or expel) must follow a recommendation from the Committee for Privileges and Conduct in cases where the Member has breached the Code of Conduct.

Source: Procedure Office, as at 29 March 2023.

Footnotes

[1]A similar table was published in the Procedure Committee’s 2017 report on its inquiry into the provisions related to disorder.

[2]H Evans and J Odgers, Odgers' Australian Senate practice, 14th edition, Canberra: Dept. of the Senate, 2016, p. 279.

[3]Vacation of seat may be forced under the Recall of MPs Act 2015 (UK).