- Sitting calendar and order of business (Recommendation 27)
- As part of the inquiry, the Committee undertook to review the parliamentary sitting calendar and the order of business. Set the Standard recommended that such a review be undertaken with a view to enhancing wellbeing, balance and flexibility for parliamentarians and workers in Commonwealth parliamentary workplaces.
- The Committee considered the current sitting hours and calendar, as well as changes made to these in the last 40 years, and heard a range of perspectives in hearings, briefings and submissions.
Sittings of the House
The sitting calendar
4.3Standing order 29 stipulates that the House shall meet each year ‘in accordance with the program of sittings for that year agreed to by the House’—a provision introduced in 2008. In practice, the proposed program is developed by the government and presented to the House for approval.
4.4The number of sittings per year is not fixed and may vary between years, particularly in years when the House has been prorogued and/or dissolved, such as for an election. The figure below sets out the number of sittings each year since Federation.
Figure 4.1Number of sittings of the House, by year, 1901-2022
Source: Procedure Office
4.5On average, since 1901, there have been 67 sittings per year. More recently, since 1984, there have been an average of 62 sittings per year.
Hours of sitting for the House of Representatives Chamber
4.6In general, the House of Representatives now meets and adjourns considerably earlier that it has in the past. However, since 1984, the total time spent sitting in a single week has not increased or decreased significantly.
4.7Prior to 1994, sittings occurred over three or four days of the week. Sittings tended to start at 2pm on one or two days, and 10 am or 10.30 am on others, and would continue into the night—until either 8 pm or 11 pm. The timetable allowed for at least one meal break a day, normally of about 90 minutes, during which the House would be suspended. This meant that House was generally sitting for between 7¾ and 11½ hours a day.
4.8From 1994, the tradition of meal breaks ceased. Between 1994 and 2005, the sitting day commenced between 9.30 am to 2 pm. During this time, the House rose at 8 pm or 11 pm, with one earlier rise of 5 pm or 6 pm. In total, the House sat for between 7½ and 10½ hours a day.
4.9From 2005, the House no longer sat as late, with the latest adjournment being at 9pm. Still, with some sittings commencing at 9am and running through to 8pm, the House would sit for up to 11 hours, though most sittings were between 7 and 9hours long.
4.10From 2008, later sittings again commenced, with the House sitting until 10 pm or 10.30pm, with an earlier finish of 5pm on the final sitting day of the week. The longest scheduled sitting days were recorded in this period, with Monday sittings between 2010 and 2013 running for 12½ hours. A Friday sitting was introduced in 2008 but only occurred once.
4.11In 2013, the Leader of the House (Hon Christopher PyneMP) introduced changes which saw sitting hours return to a shorter schedule, with the House sitting until 9pm at the latest. During this period, sitting days ranged in length from 8 to 11 hours. Sitting hours again reduced slightly in 2016.
4.12In the 47th Parliament hours increased slightly. In July 2022, the House agreed to meet half an hour earlier on Wednesday and Thursday mornings.
4.13The House currently adjourns at 8pm on Monday to Wednesday, and 5pm on Thursdays. The longest sitting day is 11 hours, while the shortest is 8 hours. The House sits for a total of 37 hours a week.
4.14The table below summarises the changing hours of sittings since 1983.
Table 4.1Changes to scheduled weekly sittings and latest adjournment times
| | |
1983 | 26 | 11:00 PM |
1984 | 33.5 | 11:00 PM |
1994 | 36 | 8:00 PM |
1996 | 40 | 11:00 PM |
2002 | 38.5 | 11:00 PM |
2003 | 34.5 | 9:30 PM |
2005 | 35.5 | 9:30 PM |
2008 | 36 | 10:00 PM |
2010 | 40 | 10:30 PM |
2013 | 40 | 9:30 PM |
2016 | 36 | 8:00 PM |
2022 | 37 | 8:00 PM |
Source: Procedure Office
Hours of meeting for the Federation Chamber
4.15The Federation Chamber, established in 1994, operates in parallel with the Chamber of the House, and may meet only while the House is sitting. Additionally, the Federation Chamber does not meet at times when the presence of all Members is expected in the House—for example, during Question Time. The establishment of the Federation Chamber has allowed the House to increase the time available for legislative debates and private Members’ business without extending sitting hours.
4.16The Federation Chamber’s hours of meeting have grown steadily since its establishment in 1994. In 2000, the Federation Chamber met only from 9.40 am until 1 pm on Wednesdays and Thursdays. In intervening years, there has been provision for the Federation Chamber to meet at some times in addition to its regular meeting hours, if deemed necessary. For example, in 2014, there was provision for the Federation Chamber to meet from 4 pm to 9pm on Tuesdays and 4 pm to 7pm on Wednesdays if required. Presently, the hours of meeting for the Federation Chamber are longer, with the ability to adjourn if there is no further business. The current order of business provides for the Federation Chamber to meet for a total of 20½hours a week.
Other provisions
4.17In the last 15 years, the House has made other provisions to improve the flexibility and ‘family friendliness’ of the Chamber.
4.18In February 2008, the House, recognising that Members who are required to nurse infants may not always be able to attend the Chamber to vote in divisions, resolved that a Member may give her vote by proxy for any division except that on the third reading of a bill which proposes an alteration of the Constitution, if the Member is nursing an infant at the time of the division. Instead, the Member may give her proxy to the relevant whip.
4.19In 2016, standing order 257 was amended to provide that a visitor does not include an infant being cared for by a Member. This allows Members to bring young children in their care into the Chamber if necessary. The amendment had been recommended by the Procedure Committee, which noted that the proxy vote was an important provision but that a Member caring for an infant should also be allowed into the Chamber to vote and to participate in debates.
4.20Other recent changes introduced by the current Leader of the House (HonTonyBurkeMP) have eased the requirement for Members to stay at Parliament House until the House adjourns. The deferral of divisions and quorum called for after 6.30pm on Mondays, Tuesdays and Wednesdays allows Members not speaking after 6.30 pm to leave without fear of an unexpected division or quorum call. The original amendments made in July 2022 had an exception for a division called on a motion moved by a Minister during the period from 6.30pm; this was amended in March 2023 so that the only exception is for a division called on a motion to suspend any standing or other order of the House moved by a Minister during the period.
4.21On 8 September 2022, the House resolved that Members who have been granted leave of absence by the House of Representatives and who are not physically present in Parliament House may participate remotely in proceedings of the Federation Chamber by the official parliamentary video facility. In speaking to the motion, the Leader of the House outlined that the intent was to provide opportunities for Members to continue to make speeches about their electorate while on leave (he noted that this would most likely be for parenting or health reasons). Speaking in support of the motion, the Manager of Opposition Business noted that this would allow parliamentarians to ‘represent their electorate at a time when they may be dealing with other responsibilities such as family responsibilities’. The provision has not been used to date.
A question of balance
4.22In submissions and public hearings, the Committee heard a range of views regarding the ideal patterns of days and hours of sitting. A key consideration is the need for Members to travel. Given Australia’s vast geography, travel time varies significantly between Members.
4.23The Australian Electoral Commission’s demographic classification of federal electoral divisions indicates there are 63 Members with seats outside metropolitan areas. One quarter of electoral divisions are classified as rural, with a further 16.5 per cent classified as provincial.
4.24The Member for Hinkler, Hon Keith PittMP, raised the different experiences for Members in regional electorates. He noted that ‘reducing the House hours in Canberra would only truly benefit the Members who live in Canberra or in close proximity’. In particular, he identified that for some Members travel home might require ‘two flights and several hours by car’, meaning that ‘[t]here is no point attempting to fly home in between double sitting weeks; by the time you land it's time to turn around and go back’. This was also a safety issue. For him, shortening the sitting hours would only shorten the debate time, slow the workings of the House and reduce value for money for taxpayers, with additional sitting weeks potentially needed to achieve the same amount of work. He considered that overall it would have a detrimental effect on regional electorates.
4.25While she welcomed the changes already initiated by the government in this parliament, the Member for North Sydney, Ms Kylea Tink MP, considered there was more scope to amend the sitting calendar and order of business. She argued that debating and voting on issues of critical importance should not occur late at night and that constructive debate and detailed legislative reform could still be achieved with changes to the order of business.
4.26In his submission, the Leader of the House, Hon Tony Burke MP, noted the changes adopted by the 47th Parliament, including the provision for deferred divisions and quorums after 6.30pm (see paragraph 4.20) as well as new arrangements for the consideration of urgent bills. Changes to standing orders 82 to 85 mean that a single second reading debate on a bill or bills that have been declared urgent may continue from 7.30 pm until 10 pm that sitting, or earlier if no further Members rise to speak, at which time the Speaker shall interrupt the debate and immediately adjourn the House until the time of its next meeting. Any division or called for during the second reading debate from 7.30 pm until 10 pm that sitting is deferred until the first opportunity the next sitting day. As agreed by the House on 30 March 2023, there is an exception for a division called on a motion to suspend any standing or other order of the House moved by a Minister during this period. The effect of these changes is to provide for an extended debate without requiring Members to remain in Parliament House if they are not scheduled to speak. The question on the second reading is then put when the House next sits.
4.27On the question of balance, Mr Slipper summed up the challenges for a Member as follows:
Life as a parliamentarian is all about competing responsibilities. You’re doing the either the right thing by the electorate or the right thing by your family or the right thing by the party. Often when you’re doing the right thing by one of those you’re doing the wrong thing by the others.
4.28Professor Michelle Tuckey saw the length of sittings as something that should be treated as a structural issue:
Treating it as a structural issue is what sets the tone of the place … Having better rules and guidelines, and adhering to them, is what could make this go from being an individual issue, which has an erosive effect on people … and lifted up to be a systems issue, where we provide a safe working system for people and we have mechanisms to stop it from going all night or, in the case that it does, we have some kind of next level mechanism that comes into allow for adequate recovery and so on.
4.29Professor Tuckey highlighted the importance of child care for minimising competing demands. In her view, while it was great to be able to bring children into the Chamber under certain circumstances, a better option might be to have responsive care options so that Members are able to concentrate fully on the robust exchange of ideas when in the Chamber. She observed that this would mean they would not have the ‘role conflict’ of trying to manage children at the same time.
4.30Mr Slipper was of the view that sittings during school holidays should be avoided, while the Manager of Opposition Business, HonPaul FletcherMP, expressed his disappointment that last year’s sitting program had included sittings during school holidays.
4.31Ms Tink suggested that avoiding school holidays be enshrined in the standing orders, with the parliamentary sitting calendar for the upcoming year to be released by October. She further proposed that regard be given to ensuring there is no overlap with final year exams.
4.32A number of witnesses noted that sitting hours affected not just Members but also Members’ staff and parliamentary staff. Ms Burke and Mr Slipper both commented that staff were at work both before sittings began and afterwards. The Clerk of the House noted in her submission that some of the changes to the standing orders agreed at the beginning of the 47th Parliament that meant Members did not need to remain in Parliament House in case required for a division or quorum:
… do not generally reduce hours of attendance for staff of the parliamentary departments who support the operation of the House. This includes staff in my department, some of whom are required to commence work several hours prior to the commencement of a sitting and to continue well after the House rises.
4.33Dr Coghill saw it as the responsibility of the Chamber itself to ensure that there is adequate time available for members of staff to perform their duties in a responsible manner and to ensure respect for the parliamentary staff in the way in which they are affected by the sitting hours and sitting arrangements.
Gathering further feedback
4.34In relation to the hours and days of sitting, Dr Sonia Palmieri recommended that the Procedure Committee conduct an anonymous survey of Members, Members’ staff and parliamentary staff. This would seek the views of respondents on the current sitting calendar and order of business, including start and finish times, speaking times, the frequency and predictability of divisions, the number of sitting weeks and remote working arrangements.
4.35When speaking to the committee, Mr Jenkins and Ms Burke supported Dr Palmieri’s suggestion. Mr Jenkins said:
On the hours of sitting, we might have to step back and ask members of parliament what their expectations of their work are.
4.36Currently an annual survey of Members is undertaken by the Department of the House of Representatives; however, this relates only to Members’ views on, and satisfaction with, the services provided by the department.
Committee comments
4.37The Committee considered the sitting patterns and the order of business bearing in mind the principles, set out in Set the Standard, of predictability, agency, flexibility, effectiveness and compassionate leadership.
4.38Setting the days and hours of sitting involves a delicate balancing of competing priorities. The Committee recognises the diverse demography and geography of Australia and that some Members must invest significant time in travelling to the capital. The need to make full and efficient use of parliamentarians’ time in Canberra must be weighed against the impact that long hours can have on wellbeing and safety. Similarly, sitting calendars must allow time for the work of the House to be achieved—noting for example the need for appropriation bills to be passed by the beginning of a new financial year—while also endeavouring to take into account school holidays.
4.39The Committee considers that standing order amendments introduced by successive governments strike an appropriate balance. The changes introduced by Mr Pyne and Mr Burke significantly improved sitting hours and flexibility. That said, as outlined above, the most recent changes were introduced less than 12 months ago, and the Committee believes that there would be benefit in reviewing their application again after some further time has passed.
4.40Further, the Committee sees merit in undertaking a survey of Members (as proposed by DrPalmieri and others) to gather their views on the days and hours of sitting and how provisions in the current standing and sessional orders are supporting an appropriate balance.
4.41The Committee intends to continue monitoring the effects of changes adopted in this Parliament, as part of its current inquiry into the maintenance of the standing orders. It suggests that the Procedure Committee of the 48th Parliament conducts a review of the days and hours of sitting.
4.42The Committee noted the calls to include a prohibition on sitting during school holidays in the standing orders and to fix a date by which a proposed sitting calendar should be presented to the House. However, there could be times when the House needs to meet during school holidays. For example, the original sitting pattern for the second half of 2022 (agreed by the House on the first day of the 47th Parliament) deliberately did not include sittings during school holidays. However, in September, the House agreed a revised sitting pattern that included additional sittings during school holidays to make up for the days the House did not sit as scheduled following the death of Her Majesty Queen Elizabeth II.
4.43An examination of the calendar for 2021, 2022 and 2023 shows that there were school holidays in one or more states and territories for between 16 and 19weeks each year—in other words, about one-third of the year, on average. Taking significant exam periods into account increases this period further.
4.44The Committee concluded that it was important for the House to have the flexibility to meet as required and therefore does not recommend amending the standing orders to prohibit scheduling sittings during school holidays. However, it encourages governments to consider school holidays when developing the proposed sitting calendar each year and to present the calendar to the House as early as possible.