Appendix A Standing orders
Current standing orders
Preparing a petition
204 What must be in a petition
A petition for presentation to the House must:
a. be addressed to the
House of Representatives;
b. refer to a matter
which is within the power of the House of Representatives to act on, that is, a
Commonwealth legislative or administrative matter;
c. state the facts
which the petitioners wish to bring to the notice of the House; and
d. contain a request
for the House or the Parliament to take one or more specified actions.
205 How to prepare a petition
A petition must conform to the following
requirements:
a. It must be on paper.
b. It must be legible.
c. It must be in
English or be accompanied by a translation certified to be correct. The person
certifying the translation must place his or her name and address on the
translation.
d. The text of the
petition must not contain any alterations.
e. It must not have any
letters, affidavits or other documents attached to it.
f. The language used
must be respectful, courteous and moderate. The petition must not contain
irrelevant statements.
g. The petition must
not contain any indication that it has been sponsored or distributed by a
Member of the House of Representatives. However to facilitate its lodgement,
the petition may show the name and address of a Member as an address to which
the petition may be sent for presentation to the House.
h. A petition from a
corporation must be made under its common seal. Otherwise it will be received
as the petition of the individuals who signed it.
206 Rules about signatures
a. Every petition must
contain the signature and address of at least one person on the page on which
the terms of the petition are written.
b. All the signatures
on a petition must meet the following requirements:
i.
Each
signature must be made by the person signing in his or her own handwriting. A
petitioner who is not able to sign must make a mark in the presence of a
witness. The witness must sign the petition as witness and write his or her
address, and the name and address of the petitioner.
ii.
Every
signature must be written on a page bearing the terms of the petition, or the
action asked for by the petition. Signatures must not be copied, pasted or
transferred on to the petition or placed on a blank page on the reverse of a
sheet containing the terms of the petition.
Presentation of
petitions
207 Only a Member may lodge a petition
for presentation
A petition for presentation to the House may
only be lodged by a Member. A Member cannot lodge a petition from himself or herself.
208 Responsibilities of Members
a. Before presenting a
petition to the House a Member must:
i.
write
his or her name and electoral division at the beginning of the petition; and
ii.
count
the signatories and write the number of signatories at the beginning of the
petition.
b. If presenting a
petition under standing order 209(b) or (c)
, the Member must also obtain certification by the Clerk or Deputy Clerk
that it complies with the standing orders.
209 Presenting a petition
A petition may be presented in one of three
ways:
a. The Clerk shall
announce petitions on each sitting Monday, in accordance with standing order
34
(order of business). A Member must lodge a petition with the Clerk by 12 noon on the Friday before the Monday on which it is proposed that the petition be
presented.
b. A Member may present
a petition during the periods of Members’ statements in the House, in
accordance with standing order 43,
and in the Main Committee, in accordance with standing order 193.
c. A Member may present
a petition which refers to a motion or order of the day when that motion or
order of the day is moved or called on for the first time.
210 Petition to
comply with standing orders
The Clerk or the Deputy Clerk must check that
each petition lodged for presentation complies with the standing orders, and if
the petition complies he or she shall certify the compliance on the petition.
211 Announcement of petitions and responses
a. Following Question
Time on each sitting Monday, the Clerk shall announce petitions and responses
received. The announcement of petitions lodged for presentation shall state in
each case:
i.
the
Member who lodged it;
ii.
the
identity and number of petitioners; and
iii.
the
subject matter of the petition.
b. Following the
announcement of petitions, the Clerk shall announce any ministerial responses
to petitions previously presented.
Action on petitions
212 Petition referred to Minister for
response
a. After a petition is
presented to the House, the Clerk must refer a copy of the petition to the
Minister responsible for the administration of the matter raised in the
petition.
b. A Minister may
respond to a petition by lodging a written response with the Clerk, who shall
announce any ministerial responses in accordance with standing order 211(b).
213 Action by the House
a. Discussion on the
subject matter of a petition shall only be allowed when it is presented during
Members’ statements, or when the notice or order of the day to which it relates
is called on in accordance with standing order 209
(c).
b. Each petition presented
shall be received by the House, unless a motion that it not be received is
moved immediately and agreed to.
c. The only other
motion relating to a petition that may be moved is a motion on notice that the
petition be referred to a particular committee.
d. The terms of
petitions and responses shall be printed in Hansard.
Proposed standing orders
Definitions
[insert in alphabetical order under standing order 2]
Petition is a formal request to the House to take an action that is within its
competence to take. A petition for presentation to the House must comply with standing
orders 204 to 208.
Petition terms consist of the reasons for the petition and the
request for action by the House.
Preparing a petition
204 What must be in a petition
A petition for presentation to the House must:
a. be addressed to the
House of Representatives;
b. refer to a matter on
which the House has the power to act;
c. state the reasons for
petitioning the House; and
d. contain a request
for the House to take one or more specified actions.
205 Rules for petitions
A petition must conform to the following
requirements:
a. The terms of the
petition must not contain any alterations and must not exceed 250 words. The
terms must be placed at the top of the first page of the petition and the request
of the petition must be at the top of every other page.
b. The terms of the
petition must not be illegal or promote illegal acts. The language used must be
moderate.
c. It must be in
English or be accompanied by a translation certified to be correct. The person
certifying the translation must place his or her name and address on the
translation.
d. No letters,
affidavits or other documents should be attached to the petition. Any such
attachments will be removed before presentation to the House.
e. A petition from a
corporation must be made under its common seal. Otherwise it will be received
as the petition of the individuals who signed it.
206 Submitting a petition
a.
A
petition may be submitted:
i.
on
paper; or
ii.
electronically.
b. Petitions may use
the published proforma.
207 Electronic petitions
a. An electronic
petition is a petition for which persons may elect to indicate their support
(‘join the petition’) by electronically providing their name and postcode and
signifying their intention to join the petition.
b. The posted period
for an e-petition is to be a minimum of one week and a maximum of six months
from the date of publication on the House’s internet website.
c. Once published on
the House’s website an e-petition cannot be altered.
d. Only one e-petition
dealing with substantially the same matter and requesting the same action by
the House shall be published on the House’s website at the same time.
e. Once the posted
period for an e-petition has elapsed, a copy of the petition shall be printed
in full and presented to the House.
f. Every electronic
petition must contain the full name and address of the principal petitioner at
the top of the petition.
g. Names must not be
copied, pasted or transferred on to an electronic petition.
h. An e-petition may
not be initiated after the dissolution of the House and until the first meeting
of the new Parliament.
208 Rules about signatures
a. Every petition on
paper must contain the signature and full address of the principal petitioner
on the first page of the petition.
b. All the signatures
on a paper petition must meet the following requirements:
i.
Each
signature must be made by the person signing in his or her own handwriting.
Only a petitioner incapable of signing may ask another person to sign on his or
her behalf.
ii.
Signatures
must not be copied, pasted or transferred on to the petition or placed on a
blank page on the reverse of a sheet containing the terms of the petition.
Lodgement and presentation of petitions
209 Lodging a petition for presentation
a. Petitions may be
sent directly to the House or via a Member.
b. A Member must not be
a principal petitioner or signatory to a petition.
210 Presenting a petition
A petition may be presented in one of two
ways:
a. The Speaker shall
present petitions and the Clerk announce them each sitting Monday, in
accordance with standing order 34
(order of business). Petitions must be lodged with the Table Office by 12 noon on the Friday before the Monday on which it is proposed that the petition be
presented.
b. A Member may present
a petition during:
i.
the
periods of Members’ statements in the House, in accordance with standing
order 43, and
in the Main Committee, in accordance with standing order 193;
ii.
adjournment
debate in the House in accordance with standing order 31, and in the Main Committee in accordance
with standing order 191; and
iii.
grievance
debate in accordance with standing order 44.
Action on petitions
211 Petition referred to Minister for response
a. After a petition is
presented to the House, a copy of the petition may be referred to the Minister
responsible for the administration of the matter raised in the petition.
b. The Minister shall
be expected to respond to a referred petition within 90 days of presentation by
lodging a written response with the Clerk.
c. The Clerk shall
announce any ministerial responses to petitions previously presented. After the
announcement, ministerial responses shall be published on the House’s internet
website.
212 Action by the House
a. Each petition
presented shall be received by the House, unless a motion that it not be received
is moved immediately and agreed to.
b. The only other
motion relating to a petition that may be moved is a motion on notice that the
petition be referred to a particular committee.
c. The terms of
petitions and responses shall be printed in Hansard.
d. The Standing
Committee on Petitions shall consider petitions and report any recommended
actions to the House.
221a Standing Committee on Petitions
a. A Standing Committee
on Petitions shall be appointed to receive and process petitions, and to
inquire into and report to the House on any action to be taken in response to
them.
b. The committee shall
consist of seven members: four government and three non-government.
Form of a paper petition
TO THE HONOURABLE THE SPEAKER
AND MEMBERS OF THE HOUSE OF REPRESENTATIVES
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This
petition of certain citizens/residents of Australia:
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Here
select the word that applies
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*draws
to the attention of the House:
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Here
present a matter(reasons for the petition) on which the House has power to
act, that is, a Commonwealth legislative or administrative matter
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*We
therefore ask the House to:
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Here
make a request for the House to take, or not take, a specific action
Note:
the reasons and the request together comprise the terms of the petition and
should be no longer than 250 words.
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ADDRESS
AND SIGNATURE OF PRINCIPAL PETITIONER
*Name:
___________________________________________________
*Address:
________________________________________________
___________________________________________________________
__________________________________
*Postcode: ____________
Email:
___________________________ Telephone ____________
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Here
provide the full name and contact details of the principal petitioner
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SIGNATURE
OF OTHER PETITIONERS
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Here
provide signatures of other petitioners
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*Signature
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Name
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*Postcode
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* indicates required field