2.3 Standing Orders
Section 8 of the Constitution Act 1867 requires the Legislative Assembly to prepare and adopt, from time to time, Standing Rules and Orders for the conduct of parliamentary business. These Standing Rules and Orders are subject to the approval of the Governor.
The Legislative Assembly, on occasions, dispenses with the need to comply fully with Standing Orders by granting leave for a matter to be dealt with in an informal way. "Leave" means permission of the Legislative Assembly to do something not covered by Standing or Sessional Orders. The Legislative Assembly, while bound by its Standing Orders, is still ultimately the master of its own procedures. If a majority of Members concur in an action, it would be pointless for the House to feel bound by its own rules to act differently. Therefore, if there is concurrence with a particular way of proceeding, the Standing Orders may be set aside without a motion to suspend them. There is no debate when it is proposed to the Legislative Assembly that leave be granted to do something, for there is no motion before the House.
A Standing Order may also be formally set aside by a motion to suspend it. The motion may be moved with or without notice but, if it is moved without notice, leave is required. Usually, a motion to suspend Standing Orders is moved by a Minister (in most cases the Minister who is also the Leader of the House). However, a motion to suspend Standing Orders may be moved by a private member.
A motion to suspend Standing Orders must itself state the reason for the suspension, although it does not need to specify the particular Standing Orders that are to be suspended. For example, the motion may state: "That so much of Standing Orders be suspended to enable the Bill to pass all stages by 5.00 pm today." There is no time limit on the debate on a motion to suspend the Standing Orders and each Member may speak for 20 minutes. However, the debate on such a motion is limited to the question of the suspension of the Standing Orders and the reasons for and against such a suspension.
The Parliamentary Committees Act 1995 provides that it is the role of the Standing Rules and Orders Committee to meet and recommend changes to the Standing Orders in a report to the Legislative Assembly. The Legislative Assembly may then consider and agree to the amendments. Once agreed to by the Legislative Assembly, the Governor must then approve changes before they are of effect.
Last reviewed: 17 July, 2009
Last updated: 22 July, 2009
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