| House of Representatives Procedure

Footnotes

Chapter 1 Introduction

[1]       Standing orders define a non-aligned Member as ‘a Member who is neither a government Member or an opposition Member’. In the 43^rd Parliament non-aligned Members include Mr Adam Bandt (Greens), Mr Bob Katter (Independent), Mr Rob Oakeshott (Independent), Mr Tony Windsor (Independent) and Mr Andrew Wilkie (Independent). Although initially counted as a Coalition Member, in August 2010 Mr Tony Crook (Nationals WA) indicated his intention to sit on the cross-benches as an Independent Member.

[2]       See Mr Crook’s Blog posting of 22 October 2010 on his webpage: <http://www.tonycrook.com.au/News/Blogs/tabid/75/articleType/ArticleView/articleId/6/Tony-Crook--An-Independent-WA-National.aspx>, viewed 15 March 2011.

[3]       The preamble spells out these two principles underlying the Agreement.

[4]       Excerpt from transcript of Ms Gillard’s statement to the media on 7 September 2010 viewed on 6 January 2011 at: <http://www.news.com.au/features/federal-election/transcript-julia-gillard-im-ready-to-govern/story-e6frfllr-1225915743789>.

[5]       HR Deb, 28 September 2010, 7.

[6]       Agreement for a Better Parliament: Parliamentary Reform, Clause 21, p 9.

[7]       HR Deb, 29 September 2010, 129.

[8]       Parliament of Australia website, viewed on 6 January 2011 at: <http://www.aph.gov.au/house/committee/proc/proceduralchanges/tor.htm>.

Chapter 2 The reforms—an overview

[1]       See for example: HR Deb, 29 September 2010, 128-141, for a range of views. 

[2]       See for example the Speaker’s statement on the treatment of supplementary questions: HR Deb, 20 October 2010, 859.

[3]       Agreement for a Better Parliament: Parliamentary Reform, Clause 2.

[4]       See, for example, articles by Professor D R Rothwell and Dr D Dalla-Pozza, ‘New paradigm shows early signs of wear’, 21 September 2010, Sydney Morning Herald, viewed 1 March 2011 at <http://www.smh.com.au/opinion/politics/new-political-paradigm-shows-early-signs-of-wear-20100921-15k6k.html>; and Marcus Priest, ‘Libs to force ALP’s hand’, Financial Review, 29 September 2010. The Commonwealth Solicitor-General issued advice on 22 September 2010.

[5]       Agreement for a Better Parliament: Parliamentary Reform, Clauses 1 and 11.

[6]       Although Selection Committees operated between 1994-2007, during the 42^nd Parliament there was no Selection Committee. See para 2.9 and House of Representatives Practice, 5 ed., pp 560-566.

[7]       Standing order 222, 20 October 2010.

[8]       See standing order 222(a), 20 October 2010, and the Selection Committee’s webpage <http://www.aph.gov.au/house/committee/selc/index.htm> for an overview of its activities and its reports. As at 24 March 2011, the Committee had referred 11 bills to committees.

[9]       Agreement for a Better Parliament: Parliamentary Reform, Clauses 4.1-4.8.

[10]     Standing orders 100(f) and 104(c), 20 October 2010.

[11]     Standing order 34, 20 October 2010.

[12]     Standing order 104(a), 20 October 2010. See Chapter 4 for further detail.

[13]     Standing order 104(b), 20 October 2010.

[14]     Agreement for a Better Parliament: Parliamentary Reform, Clause 4.2. Supplementary questions, although provided for in standing orders (101(b)) have not been asked since 1998, according to Chamber Research Office statistics. See Chapter 4 for further detail on current use.

[15]     Agreement for a Better Parliament: Parliamentary Reform, Clause 6.2.

[16]     Standing orders 34 and 192, 20 October 2010.

[17]     Agreement for a Better Parliament: Parliamentary Reform, Clause 6.1.

[18]     Standing order 222, 20 October 2010.

[19]     See for example: HR Deb, 28 October 2010, 1990; HR Deb, 18 November 2010, 2944-2950; HR Deb, 25 November 2010, 3761-3768.

[20]     See standing orders 1 and 34, 20 October 2010.

[21]     Agreement for a Better Parliament: Parliamentary Reform, Clause 8.

[22]     Agreement for a Better Parliament: Parliamentary Reform, Clause 7. Standing orders 34 and 43, 20 October 2010. In the previous parliament, these statements were held in the Main Committee for 15 minutes on Mondays. Before that time, they had been made in the House on Mondays, only, at 1.45 pm.

[23]     Standing order 34, 20 October 2010. The standing orders now provide for a 1 hour debate on Wednesday also.

[24]     See Standing Committee on Procedure, Building a modern committee system: An inquiry into the effectiveness of the House committee system, June 2010 and the Agreement for a Better Parliament: Parliamentary Reform, Clause 10. Amendments to the standing orders on 29 September 2010 implemented most of these reforms. See standing orders 39, 215, 229, and 232 in particular, as well as the resolution of 29 September 2010 on government responses.

[25]     Compare standing order 215, 1 December 2008, with standing order 215, 20 October 2010.

[26]     Agreement for a Better Parliament: Parliamentary Reform, Clause 10.2; standing order 215(d), 20 October 2010.

[27]     In addition, amended standing order 215(e) adopted on 29 September 2010, provides that the Chair of the Standing Committee on Regional Australia need not be a government Member (although this was not provided for in the Agreement).

[28]     See Standing Committee on Procedure, Building a modern committee system, June 2010, recommendation 7, in which the Committee recommended that this opportunity be enabled for committee chairs.

[29]     See Clause 10.5 of the Agreement, and standing order 222(a)(iii), 20 October 2010.

[30]     Agreement for a Better Parliament: Parliamentary Reform, Clause 10.6.

[31]     House of Representatives Practice, 5 ed., pp 689-90.

[32]     Standing Committee on Procedure, Building a modern committee system, June 2010, pp 130-131.

[33]     HR Deb, 29 September 2010, 132.

[34]     Agreement for a Better Parliament: Parliamentary Reform, Clause 11.1. The reduction does not apply to the speeches by the Minister presenting the bill or by the main speaker for the opposition.

[35]     See standing order 1, 20 October 2010.

[36]     Agreement for a Better Parliament: Parliamentary Reform, Clause 11.1. See standing orders 1 and 222, 20 October 2010. See standing order 222(a)(iv), 20 October 2010 which provides that subject to standing order 1, the Selection Committee may reduce the maximum speaking time for second reading speeches on government bills for all Members except the mover, Leader of the Opposition or Member representing and the Minister at conclusion of debate; and on private Members’ bills for all Members except the mover and Prime Minister or Member representing them.

[37]     See Clause 11.1.

[38]     Standing Committee on Procedure, Encouraging an interactive Chamber, December 2006, p 14.

[39]     Agreement for a Better Parliament: Parliamentary Reform, Clause 3; standing order 38, 20 October 2010.

[40]     Standing order 38, 20 October 2010.

[41]     HR Deb, 29 September 2010, 136-142.

[42]     Votes and Proceedings No. 22, 10 February 2011, 299.

[43]     Standing Committee on Procedure, Building a modern committee system, June 2010, pp 24-27.

[44]     Agreement for a Better Parliament: Parliamentary Reform, Clause 16.

[45]     See Agreement for a Better Parliament: Parliamentary Reform, Clause 16.3.

[46]     Agreement for a Better Parliament: Parliamentary Reform, Clause 16.1.

[47]     Parliament of Australia Website, viewed on 4 April 2011 at: <http://www.aph.gov.au/house/committee/jscpbo/report.htm>.

[48]     Agreement for a Better Parliament: Parliamentary Reform, Clauses 18 and 19.

[49]     Parliament of Australia Website, viewed on 25 January 2011 at: <http://www.aph.gov.au/house/committee/pmi/index.htm>.

Chapter 3 Strengthening the parliament: increased participation by all Members

[1]       Agreement for a Better Parliament: Parliamentary Reform, Preamble.

[2]       Total time allocated for committee and delegation business and private Members’ business on Mondays in the Chamber increased from 1 hour to 3 hours 30 mins; in the Main Committee increased from 1 hour 35 minutes to 5 hours. (See standing orders 1, 34, 41, 192.)

[3]       At these times debate is not required to be relevant to the question—standing order 76(a)—enabling each Member to choose their topics. The length of adjournment debate in the Chamber increased from 30 minutes to 1 hour on Mondays, Tuesdays and Wednesdays although the Agreement provided for an increase only on Mondays and Tuesdays. (See standing orders 1, 29, 31, 34.)

[4]       Members’ 90 second statements moved from Main Committee on Mondays to the Chamber on Mondays, Wednesdays and Thursdays. (See standing orders 1 and 43).

[5]       Allocation of time for MPI extended from 1 hour to a maximum of 1 hour and 30 minutes on Tuesdays and Wednesdays. Time allocated on Thursdays remains in effect unchanged (See standing orders 1 and 34). The MPI was previously scheduled to follow Ministerial Statements.

[6]       Standing orders 1, 34 and 192, 20 October 2010.

[7]       Includes committee and delegation business, private Members’ business, 90 second statements, 3 minute constituency statements, adjournment debate, debate on matters of public importance, and grievance debate.

[8]       Does not include time available for government business and committee and delegation business in the Main Committee on Wednesdays and Thursdays, or additional time provided ‘if required’ under standing order 192, 20 October 2010.

[9]       This time included up to 10 minutes for the presentation of petitions and Ministerial responses, and time for committee and delegation reports.

[10]     As in the 42^nd Parliament, this time includes up to 10 minutes for petitions and time for Committee and delegation business.

[11]     Agreement for a Better Parliament: Parliamentary Reform, Clause 1. Note: The role of the Selection Committee in the 41^st Parliament and previous parliaments was more limited than its current role. Refer to Chapter 2, p 9 for more information. There was no Selection Committee in the 42^nd Parliament.

[12]     Refer to Chapter 2, p 9 for more information.

[13]     Subject to standing order 1; standing order 222(a)(iv), 20 October 2010.

[14]     Parliament  of Australia website, viewed on 15 December 2010 at: <http://www.aph.gov.au/house/committee/selc/role.htm>.

[15]     These were reported to the House on 21 October 2010 and are included at Appendix D.

[16]     Chamber Research Office statistics.

[17]     Includes one disallowance motion, HR Deb, 1 March 2011, 1872-1881.

[18]     HR Deb, 24 March 2011, 3143-5, 3176.

[19]     From 2000-2009, 9 of the 122 private Members’ bills presented were debated at the second reading stage (including a Speaker’s bill, debated 16 March 2005), Chamber Research Office statistics. Prior to the 43^rd Parliament, the last private Member’s bill passed by the House was the Adelaide Airport Curfew Bill 1999, read a third time on 28 June 1999.

[20]     House Selection Committee, Report No. 3, 21 October 2010 p 6.

[21]     House Selection Committee, Report No. 3, 21 October 2010 p 6.

[22]     See, for example, standing order 331(c), 8 October 2001.

[23]     Agreement for a Better Parliament: Parliamentary Reform, Clause 6.1.

[24]     HR Deb, 25 November 2010, 3767.

[25]     Mr B Wright, Clerk of the House of Representatives, Submission no. 1, p 3.

[26]     See footnote 3 in this chapter for more information.

[27]     See footnote 4 in this chapter for more information.

[28]     See footnote 5 in this chapter for more information.

[29]     The 30 minute adjournment debates on Thursdays in the Main Committee have not changed.

[30]     Chamber Research Office statistics as at 10 January 2011.

[31]     Rather than one segment from 6.40-6.55pm in the Main Committee on Mondays.

[32]     See standing orders 1 and 46, 20 October 2010.

[33]     As at 24 March 2011.

[34]     Chamber Research Office statistics, 2011.

[35]     Standing Committee on Procedure, Encouraging an interactive Chamber, December 2006, p 1.

[36]     Agreement for a Better Parliament: Parliamentary Reform, Clause 11.

[37]   See Clause 11 of the Agreement and (revised) standing order 1 as at 20 October 2010. This reduced time limit does not apply to speeches by the mover, Leader of the Opposition or Member representing for government bills; or to the mover, Prime Minister or Member representing, or Leader of the Opposition or Member representing for private Members’ bills.

[38]     See sessional order 142A, 20 October 2010.

[39]     Mr Wilkie’s private Member’s bill, the Evidence Amendment (Journalists’ Privilege) Bill 2010, was passed by the House on 28 October 2010 and passed (with amendments) by the Senate on 3 March 2011. The last occasion that a private Member’s bill initiated in the House was passed by the House was on 28 June 1999 (Adelaide Airport Curfew Bill 1999).

[40]     Mr Hartsuyker’s bill, the Environment Protection and Biodiversity Conservation (Public Health and Safety) Amendment Bill 2010, was passed by the House on 10 February 2011 and as at 24 March 2011 was before the Senate.

 

[41]     Selection Committee, Report No. 3, pp 4-5.

Chapter 4 Changes to Question Time and committees

[1]       Most of the reforms to the House committee system included in the Agreement reflect recommendations made by the 42nd Parliament’s Procedure Committee in its report Building a modern committee system: An inquiry into the effectiveness of committees.

[2]       HR Deb, 29 Sept 2010, 131.

[3]       Standing order 100(f) and 104(c), 20 October 2010, limit the duration of questions to 45 seconds and answers to 4 minutes.

[4]       Standing order 104, 20 October 2010.

[5]       Agreement for a Better Parliament: Parliamentary Reform, Clauses 4.2, 4.6 and 4.8.

[6]       See, for example, HR Deb 29 September 2010, 181; and HR Deb, 30 September 2010, 334.

[7]       HR Deb, 23 November, 3427.

[8]       Chamber Research Office statistics as at 22 December 2010.

[9]       Standing order 104(a), 20 October 2010.

[10]     Standing order 104, 1 December 2008.

[11]     House of Representatives Practice, 5 ed., p 553.

[12]     HR Deb, 28 October 2010, 2063.

[13]     Standing order 100, 20 October 2010, provides the general rules which apply to all questions.

[14]     HR Deb, 22 February 2011, 913.

[15]     Hon C Pyne, Submission no. 4, p 3.

[16]     See table 4.1.

[17]     Hon C Pyne, Submission no. 4, p 4.

[18]     Standing order 101(b), 20 October 2010.

[19]     Chamber Research Office statistics.

[20]     HR Deb, 20 October 2010, 859.

[21]     HR Deb, 20 October 2010, 940.

[22]     This figure includes Mr Oakeshott, an Independent Member, who was elected at a by-election and sworn in on 17 September 2008, but does not include Mr Johnson, a former Liberal Member, who was an Independent Member from 20 May 2010.

[23]     See Table 4.1.

[24]     Four Independent Members, one Greens Member and one WA Nationals Member.

[25]     See Table 4.1.

[26]     HR Deb, 18 November 2010, 3027.

[27]     See HR Deb, 29 September 2010, 175.

[28]     HR Deb, 28 October 2010, 2062.

[29]     See for example: HR Deb, 28 September 2010, 9; HR Deb, 18 October 2010, 423; HR Deb, 28 October 2010, 2062.

[30]     Agreement for a Better Parliament: Parliamentary Reform, Clause 10.

[31]     Standing order 215(a), 20 October 2010.

[32]     Standing order 215(d), 20 October 2010. Note: where a non-aligned Member is appointed to a general purpose standing committee standing order 215(d) provides that committee membership consist of eight members – four government members, three non-government members and one non-aligned member.

[33]     Excludes ex officio positions filled by the Speaker and Deputy Speaker.

[34]     Excludes Ministers, Parliamentary Secretaries and Leader of the Opposition.

[35]     Excludes ex officio positions filled by the Speaker and provisions supplementary members.

[36]     Excludes Ministers, Parliamentary Secretaries and Leader of the Opposition.

[37]     Standing order 215(d), 20 October 2010, reflecting Clause 10.2 of the Agreement. Note: previously a maximum of two supplementary members (one government and one non-government) could be appointed per inquiry for general purpose standing committees.

[38]     In the 42^nd Parliament, supplementary members were appointed for two committee inquiries, and in the 41^st Parliament, supplementary members were appointed for one inquiry.

[39]     Standing Committee for Climate Change, Environment and the Arts—one supplementary member for the inquiry into the National Radioactive Waste Management Bill 2010; Standing Committee for Economics—one supplementary member for the inquiry into the Competition and Consumer (Price Signalling) Amendment Bill 2010;  Standing Committee for Regional Australia—four supplementary members for the inquiry into the socio-economic impact of the proposed Murray-Darling Basin plan; Standing Committee on Education and Employment – one supplementary for the inquiry into the Social Security Legislation Amendment (Job Seeker Compliance) Bill 2011. As at 24 March 2011.

[40]     Standing order 232, 20 October 2010.

[41]     Standing order 215(e), 20 October 2010.

[42]     The majority of inquiries conducted by House standing committees and by joint committee have either been policy focussed or relate to government scrutiny.

[43]     As at 4 March 2011, the Selection Committee has referred four bills to the Standing Committee on Economics, one bill to the Standing Committee on Climate Change, Environment and the Arts; one bill to the Standing Committee on Education and Employment; and one bill to the Standing Committee on Health and Ageing.

[44]     Standing order 222(a)(iii), 20 October 2010.

[45]     Standing order 39(a), 20 October 2010.

[46]     See report register for data on timeliness of responses. Available online at: <http://www.aph.gov.au/house/committee/report_register/parlist.htm>.

[47]     Resolution adopted 29 September 2010.

[48]     Standing Committee on Procedure, Building a modern committee system, June 2010.

[49]     Standing order 215(d), 20 October 2010.

[50]     See para 4.33.

[51]     This includes the use of online surveys, collecting information via online forums and advertising committee inquiries through social networking websites.

[52]     See Agreement for a Better Parliament: Parliamentary Reform, Clause 16.4.

Chapter 5 Current and emerging issues

[1]       All times given in paragraphs 5.5 to 5.6 exclude time for suspensions.

[2]       ABC News Website, viewed on 15 December 2010 at: <http://www.abc.net.au/news/stories/2010/11/27/3078096.htm>.

[3]       ABC News Website, viewed on 15 December 2010 at: <http://www.abc.net.au/am/content/2010/s3052657.htm>.

[4]       Dr M Washer, Submission no. 2, p 1.

[5]       See Standing Committee on Procedure, Days and hours of sitting and the effective use of the time of the House, 29 May 1986, Parliamentary Paper No. 108/86; and Standing Committee on Procedure, About Time: Bills, questions and working hours – Report of the inquiry into reform of the House of Representatives, 28 October 1993, Parliamentary Paper No. 194/93.

[6]       Standing Committee on Procedure, About Time: Bills, questions and working hours – Report of the inquiry into reform of the House of Representatives, 28 October 1993, Parliamentary Paper No. 194/93, p 30.

[7]       Formerly on Mondays sitting commenced at 12 noon in the Chamber and 4.00 pm in the Main Committee.

[8]       Department of the House of Representatives, Submission no. 4, p. 2, to the Inquiry into the conduct of the business of the House.

[9]       Standing order 133(b), 20 October 2010.

[10]     Mr B Wright, Clerk of the House of Representatives, Submission no. 1, p 2.

[11]     Mr B. Wright, Clerk of the House of Representatives, Submission no. 1, p 1.

[12]     Mr B. Wright, Clerk of the House of Representatives, Submission no. 1, pp 1-2.

[13]     See standing orders 41(d) and 41(g), 20 October 2010.

[14]     Mr B Wright, Clerk of the House of Representatives, Submission no. 1, p 2.

[15]     See standing order 198, 20 October 2010.

[16]     Mr B Wright, Clerk of the House of Representatives, Submission no. 1, p 2.

[17]     Mr B Wright, Clerk of the House of Representatives, Submission no. 1, p 3.

[18]     Exhibit no. 1.

[19]     Mr B Wright, Clerk of the House of Representatives, Exhibit no. 1, p 14.

[20]     Mr B Wright, Clerk of the House of Representatives, Exhibit no. 1, p 12.

[21]     Mr B Wright, Clerk of the House of Representatives, Exhibit no. 1, p 15.

[22]     Mr B Wright, Clerk of the House of Representatives, Exhibit no. 1, pp 15-16.

[23]     Mr B Wright, Clerk of the House of Representatives, Exhibit no. 1, p 17.

[24]     Mr B Wright, Clerk of the House of Representatives, Submission no. 1, p 3.

[25]     Mr B Wright, Clerk of the House of Representatives, Submission no. 1, p. 4.

[26]     See Standing Committee on Procedure, The second chamber: enhancing the Main Committee; 14 August 2000, Parliamentary Paper No. 158/2000; and Standing Committee on Procedure, Renaming the Main Committee, 3 June 2004, Parliamentary Paper No. 118/2004.

[27]     Hon P Slipper, Submission no. 3.1, p 1.

[28]     Hon P Slipper, Submission no. 3.1, p 1.

Appendix D – Selection Committee Principles

[1]       Selection Committee, Report No 3, p 7.

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