2.1
The House has permitted questions without notice since the first Parliament. The initial standing orders referred only to questions on notice, and the practice of Members asking questions without notice developed in an ad hoc manner. A precedent was set by Speaker Holder during the first sitting days of parliament, when he responded to a request for clarity from the Leader of the Opposition by stating:
There is no direct provision in our standing orders for the asking of questions without notice, but, as there is no prohibition of the practice, if a question is asked without notice and the Minister to whom it is addressed chooses to answer it, I do not think that I should object.
2.2
In response, the Prime Minister, the Rt Hon. Sir Edmond Barton, stated:
I understand that in some of the State legislatures the practice has been to obtain the permission of the Chair before putting a question without notice. I think that the proper rule for a Government to lay down on this subject, and an effective rule for all Governments, is that it will answer questions without notice only when they concern some matter so urgent that the Minister feels justified in giving information upon it immediately.
2.3
In 1950, changes to the standing orders were made to specifically permit questions without notice or include them in the order of business. This inclusion provided that questions without notice should be ‘on important matters which call for immediate attention’. In 1962, the Votes and Proceedings began to record questions without notice.
Rules relating to Question Time
2.4
Section 50 of the Constitution provides the authority for each House of the Parliament to make the rules and orders with respect to the order and conduct of business and proceedings. These are ultimately delivered in the standing orders.
2.5
The current standing orders relating to questions seeking information (standing orders 97 to 105) allow for two types of questions to be asked. Written questions, which are also known as questions on notice, are lodged by Members and published in the Notice Paper. The responses to these questions are also provided in writing. The Committee did not look at written questions in this inquiry.
2.6
Oral questions, also known as questions without notice, are those asked in the House during Question Time. These questions are expected to be answered immediately.
2.7
Standing order 97 sets 2 pm each sitting day as the time of day at which Question Time occurs.
2.8
Under standing order 98, during Question Time, a Member may orally ask a question to a minister, without notice and for immediate response. However, a minister can only be asked a question on the following matters, for which he or she is responsible or officially connected:
proceedings pending in the House.
2.9
The rules for questions are set out in standing order 100. Questions must not be debated. Amongst other things, they cannot contain statements of facts or names of persons (unless they can be authenticated and are strictly necessary to make the question intelligible), arguments, inferences, imputations, insults, ironical expressions or hypothetical matter and may not reflect on the character or conduct of other Members.
2.10
Standing order 100 also sets the time limits for Members asking questions. The duration of each question asked by a government Member or an opposition Member is limited to 30 seconds. The duration for each question asked by a non-aligned Member is limited to 45 seconds.
2.11
Standing order 104 contains the rules for answers:
an answer must be directly relevant to the question;
a point of order regarding relevance may be taken only once in respect of each answer; and
the duration of each answer is limited to three minutes.
2.12
Other standing orders provide for questions to other Members (standing order 99) and to the Speaker (standing order 103). Standing order 101 provides the Speaker with the discretion to direct a Member to change the language of their question if it is inappropriate or does not conform to the standing orders.
A brief history of the standing orders
2.13
Although questions without notice had occurred since the first Parliament, and their number had increased by the 1930s, it was not until permanent standing orders were first adopted in 1950 that they were included in the rules governing the routine business of the House. The standing orders relating to questions without notice were originally proposed in 1937 and were used on an unofficial basis until 1950.
2.14
The changes to standing orders identified below represent the most significant changes to Question Time since the formal adoption of standing orders relating to questions without notice in 1950, as well as additional detail on changes that are of significance to the inquiry. A more comprehensive history of major developments in relation to Question Time since 1901 can be found in the report of the Procedure Committee’s 1986 inquiry into Question Time.
2.15
A total of 10 standing orders applied to questions seeking information in the 1950 standing orders. In particular, the standing orders specified that questions might be asked without notice on important matters which called for immediate action and also provided that one supplementary question might be asked to elucidate an answer, at the discretion of the Speaker (standing order 150). Notice had to be given of questions regarding the character or conduct of individuals other than ministers or Members of the House (standing order 151).
2.16
Questions could only be put to a minister or Member (relating to a bill, motion or other public matter connected with the business of the House, of which the Member has charge).
2.17
Standing order 145 stipulated that a question fully answered could not be renewed. This was the only standing order relating to answers.
2.18
In 1962, a general review of standing orders proposed several changes to the standing orders relating to questions. The proposals adopted by the House included:
a stipulation than an answer must be relevant to the question;
removal of the stipulation that questions be on important matters calling for immediate attention;
removal of the restriction that only one supplementary question could be asked;
a provision that questions could be put directly to the Speaker regarding his or her administration; and
clarification of rules regarding questions reflecting on the character and conduct of individuals.
2.19
Although there were several inquiries into Question Time in the years following these changes, there were no major changes to the standing orders relating to Question Time until 2004, when several standing orders relating to questions and answers were rearranged. However, they were not changed significantly.
2.20
Changes adopted in 2010 introduced the requirement for answers to be directly relevant (where previously the requirement had been that an answer must simply be ‘relevant’) and also specified that a point of order regarding relevance could only be taken once in respect of each answer (standing order 104).
2.21
At the same time the House agreed to impose time limits on questions and answers. Since then there has continued to be a time limit for both questions and answers, although the limits set have varied. In 2010, under the changes made to standing order 100, each question was limited to 45 seconds. This was reduced to 30 seconds in 2012, and in 2016 standing orders were changed again to limit questions to 30 seconds for the Opposition and 45 seconds for non-aligned Members.
2.22
For answers (standing order 104), the time limit adopted in 2010 was four minutes. This was reduced to three minutes in 2012.
2.23
In 1950, one supplementary question per answer was allowed, often asked at a later time. Ms Claressa Surtees, Clerk of the House, noted that changes in 1962 meant that the Speaker had discretion to allow more than one, immediate, supplementary question; however, the practice was not adopted until 1996 under Speaker Halverson. Subsequent Speakers did not continue the practice until 2010, when there was agreement that the Leader of the Opposition or their delegate would be able to ask one supplementary question each Question Time.
2.24
In 2012, Speaker Slipper stated that he would allow up to five supplementary questions ‘in an endeavour to make Question Time more spontaneous, whilst balancing the opportunities available to opposition, government and non-aligned members’. In 2013, Mr Pyne, the then Leader of the House, proposed a number of changes to standing orders, including the discontinuation of supplementary questions on the basis that, on balance, they had not proved to be of benefit. Standing order 101 was subsequently amended to omit the Speaker’s discretion to allow supplementary questions.
Previous inquiries into Question Time
2.25
The Procedure Committee has conducted several inquiries into Question Time (reports and recommendations are listed at Appendix E). However, it has been more than 20 years since the Committee has completed a comprehensive inquiry into the matter.
2.26
On 19 October 2006, the Procedure Committee resolved to inquire into the effectiveness of current standing orders relating to Question Time, with particular reference to the provisions governing the form and content of questions and answers. Before the Committee could report, the inquiry lapsed due to the prorogation of the 41st Parliament. On 15 October 2015, the Procedure Committee adopted an inquiry into the standing orders relating to Question Time. This inquiry lapsed prior to the Committee reporting, due to the dissolution of the 44th Parliament.
2.27
The 41st Parliament’s lapsed inquiry received eight submissions, which considered several practices and procedures relating to Question Time. Key themes identified in the submissions included:
the role of parliamentary secretaries during Question Time;
time limits for questions and answers;
Dorothy Dix style questions;
answers being relevant to the question;
the Speaker and the Speaker’s use of technological developments; and
questions relating to alternative views on policies.
2.28
The 44th Parliament’s lapsed inquiry received three submission which considered several practices and procedures relating to Question Time. Key themes identified in the submissions included:
the ‘constituency question time’ trial in 2015;
answers being directly relevant to questions;
time limits on questions and answers;
Question Time in other legislatures
2.29
Most Australian state and territory legislatures have similar, although not identical, Question Time practices to those of the House of Representatives. The exception is the Victorian Parliament, which in 2015 adopted sessional orders that changed the operation of Question Time in both chambers. Changes included only non-government Members being able to ask questions without notice and ministers being able to make ministers’ statements of up to two minutes. At the end of Question Time, Members may also ask ministers questions relating to a constituency matter.
2.30
Other Westminster systems including the United Kingdom, Canada and New Zealand have similar Question Time practices to those of the House of Representatives. However, a few differences have been recognised. Most notable is the Prime Minister’s Question Time adopted in the United Kingdom House of Commons. In addition, both New Zealand and the United Kingdom have adopted processes where questions are submitted in advance.
2.31
Table 2.1 provides a jurisdictional comparison of Question Time practices adopted by the lower house of other Westminster legislatures.
Table 2.1: Jurisdictional comparison of Question Time practices adopted by the Lower House of other Westminster legislatures