Private Members' Statements (2010 precedent for S.O.108 of 2007)

1. The Speaker made a private member's statement in his capacity as the member for the Northern Tablelands.
PD 24/2/2010, 20879-20880; PD 10/3/2010, 21239-21240; PD 17/3/2010, 21624-21625; PD 19/3/2010, 21804-21805; PD 22/4/2010, 22229; PD 1/9/2010, 25009-25010; PD 8/9/2010, 25495-25496; PD 22/9/2010, 25933; PD 20/10/2010, 26416-26417; PD 21/10/2010, 26639-26640; PD 27/10/2010, 27041- 27042; PD 10/11/2010, 27625-27626; PD 24/11/2010, 28242-28243; PD 1/12/2010, 28762-28763

2. A point of order was taken about the relevance of a private member's statement to the member's electorate. The Acting Speaker stated that whilst members could not discuss Government policy using this mechanism, the statement would be in order so long as the matter was initially raised by a person from the member's electorate. The member assured the Acting Speaker that this was the case and he was allowed to complete his statement.
PD 25/2/2010, 21013

3. The Assistant Speaker obtained the consent of the House to permit the taking of two additional private members' statements.
VP 12/3/2010, 1907

4. Standing orders were suspended to permit the House to sit past 6.30 pm and for the taking of up to 12 additional private members' statements.
PD 22/4/2010, 22218

5. During the giving of a private member's statement the Assistant Speaker reminded a member on two occasions that his statement should be confined to matters within his electorate. On the second occasion the member stated that he disagreed with the Assistant Speaker's ruling on the grounds that the precedent has been that members who are "shadow ministers" are allowed to address matters related to their shadow portfolio. The Assistant Speaker stated that this was not provided for in the standing orders and the member referred more directly to matters within his electorate for the remainder of the statement. At the conclusion of the statement the Speaker referred to a ruling from 1988 which states "...the type of matter raised perhaps in a member's capacity as a shadow minister would generally be outside the spirit of a private member's statement."
PD 2/6/2010, 23613-26314

6. The Acting Speaker obtained the consent of the House to sit beyond 6.30 pm to permit the taking of an additional private member's statement.
VP 3/6/2010, 2120

7. During a private member's statement a point of order was taken that the statement did not relate to matters within the member's electorate and therefore should be ruled out of order. The Assistant Speaker ruled that the statement was clearly outside the spirit of a private member's statement and stated that private members' statements should always be about a member's electorate. Another member took a point of order, requesting that the Assistant Speaker have the member's statement struck from the Hansard record in light of the ruling. The Assistant Speaker stated that he was not able to take that course of action, but reaffirmed that the statement was out of order.
PD 10/6/2010, 24296-24297

8. By leave, a member made an additional private members' statement.
VP 10/6/2010, 2161; VP 11/6/2010, 2167; VP 1/9/2010, 2239; VP 10/9/2010, 2296; VP 3/12/2010, 2582

9. During the time set aside for Government business leave of the House was obtained for the taking of up to six private member's statements forthwith.
VP 23/6/2010, 2185

10. The Leader of the House moved, That:
(1) The House at its rising this day do adjourn until Tuesday 31 August 2010, at 1.00 pm.
(2) Standing orders be suspended to permit:
(a) The sitting to be extended to allow for additional private members’ statements; and
(b) The House adjourn on motion.

The question was passed on division.
VP 24/6/2010, 2199

11. The Speaker gave the following considered ruling in relation to the content of private members' statements:

"I am concerned that in recent times the scope of private members’ statements has strayed beyond the principles which apply to this procedure.

There have been many rulings given by former Speakers on the types of matters that can be raised during a private member’s statement. The procedure is of limited scope in that its principal purpose is to provide members with a mechanism to raise matters of particular concern to their electorates. In limited cases, members are also able to use private members’ statements to touch on issues other than local ones so long as the matter raised affects constituents directly or the member is raising an issue that has been brought to the member’s attention by a constituent, provided the issue is related to the electorate.

However, there are some matters that are clearly outside the scope of a private member’s statement. For example, members cannot use private members’ statements as a vehicle to attack other members as such attacks are only permitted by substantive motion. While the comments made by the member for Terrigal related to a former member of the other place there were more appropriate vehicles by which to raise the particular issue and as such his comments were outside the generally accepted scope of a private member’s statement. Private members’ statements should not be used to make attacks on persons outside of Parliament.

Private members’ statements should not be used to continue debates on issues raised during Question Time or to reflect on answers that have been given or to continue debate on matters before the House or already concluded. Nor should they be used to attack the Government in relation to State issues at large as there are more appropriate procedures to do this such as motions accorded priority, general business motions, and in serious cases, motions of censure or no confidence.

By way of general comment, I remind members that although they do have the privilege of freedom of speech in this place, this right also comes with certain responsibilities. Members need to be responsible in its use and be aware of the possible damage that can be done to those who do not enjoy that privilege and who have limited opportunity for response. Members also need to bear in mind the damage to the institution of Parliament that can ensue through the irresponsible use of the privilege of freedom of speech."
VP 24/6/2010, 2202-2203

12. Standing orders were suspended to permit:
(1) At the conclusion of the motion accorded priority, the introduction, up to and including the agreement in principle speech of two private members' bills, notice of which was given this day for tomorrow.
(2) At 5.30 pm, the taking of up to 18 private members’ statements.
(3) The House to adjourn without motion moved at the conclusion of private members’ statements.
VP 24/6/2010, 2205-2206

13. Standing orders were suspended to permit the taking of up to 12 private members’ statements following the conclusion of government business and concluding prior to 1.30 pm.
VP 1/9/2010, 2238

14. Leave of the House was obtained to permit the taking of up to four additional private members’ statements.
VP 23/9/2010, 2331

15. Two members, by leave, made additional private members’ statements.
VP 24/9/2010, 2337; VP 12/11/2010, 2474

16. The Speaker made the following statement in relation to private members' statements:

"I wish to bring to the attention of the House a concern that I have in relation to the conduct of private members’ statements.

It has been brought to my notice that on several occasions recently members have made a second private member's statement during the time made available in the routine of business.

During private members’ statements, because there is no question before the House, making a second statement does not infringe standing orders 61 (1) and 64, which preclude members speaking a second time, in the House, except in certain specified circumstances.

Many of the proceedings that now take place in the House are limited in terms of the overall time available or by the number of members able to contribute, and private members' statements is one such proceeding.

Because of these limitations a member speaking a second time may potentially deny another member, who has not spoken, the opportunity to do so. Consequently, without precluding a member from making a second private member’s statement, I would ask that any such second statement only be made after all other members who might wish to make a contribution have been provided with an opportunity to do so.

To ensure that other members rights are not being infringed, I would also require members to seek the leave of the House to make a second private member's statement."
VP 24/11/2010, 2495-2496

17. The Assistant Speaker upheld a point of order that a member was being disparaging to another member during a private member's statement.
VP 25/11/2010, 28381
Related Orders, Precedents and Rulings
Standing Order 108General Business Notices of Motions and Private Members' Statements 108. The procedure for General Business Notices of Motions and Private Members' Statements is as follows: At the commencement of the sittings on Tuesday, Private Members' Statements will follow the giving of General Business Notices of Motions. At 5.45 p.m. on Wednesday, at 5.30 p.m. on Thursday and at 1.30 p.m. on Friday, the business before the House shall be interrupted for the taking of Private Members' Statements. The interrupted business shall stand as an order of the day for tomorrow. If at the time of interruption a division is in progress - that division shall be completed. The Speaker shall ask if there are any Private Members' Statements. Up to 16 Members may speak for up to 5 minutes each and replies by Ministers shall be limited to 2 minutes each. Private Members' Statements may be taken between items of business with the leave of the House for a specified period or a specified number of Members or until certain business is to be conducted as notified by the Minister in charge of the House at that time. A division on any question or quorum call shall not be permitted during Private Members' Statements. At the conclusion of Private Members' Statements on Thursday and Friday or at the time for adjournment the House shall adjourn without motion moved until the next sitting day. amended 3 July 2009
2014 Precedent1. With the concurrence of the House, the Acting Speaker, Mr Ward, extended the period for the taking of community recognition statements beyond 15 minutes. PD 26/2/14, p.26785 2. By leave, the members for the northern Tablelands and Orange gave Community Recognition Statements. PD 5/3/14, p.27104-05 3. With the concurrence of the House, the Acting Speaker, Ms Gibbons, extended the period for the taking of community recognition statements beyond 15 minutes. PD 6/3/14 p.27273 4. Standing and sessional orders were suspended to permit the taking of community recognition statements for a period of up to 20 minutes prior to the adjournment of the House. VP 20/3/14 p. 2105; VP 25/3/14 p. 2112; VP 26/3/14 p. 2121; VP 27/3/14 p. 2133. 5. Mr Gareth Ward obtained the leave of the House to permit the taking of community recognition statements for a further period of 10 minutes. VP 8/5/2014 p. 2167; PD 8/5/2014 p. 28509.
2014 Precedent1. Mr Clayton Barr gave a Private Members’ Statement in which he paid respect to Mr Jamie Mitchell and Mr Phillip Grant, the two coalminers who were killed at the Austar Coal Mine in the village of Paxton in Cessnock. On behalf of all members, the Leader of the House offered his sincere condolences to the men's families and friends; and members and officers of the House stood in their places as a mark of respect. PD 13/5/2014, p. 28614-15 2. The Assistant Speaker reminded members that it was not customary to take points of order during Private Members' Statements. PD 6/8/14, p. 30164.
2013 Precedent1. A member obtained leave of the House to make an additional private members' statement. PD 28/2/2013, 18319; VP 28/2/2013, 1469
2013 Precedent1. The Speaker made a private member's statement in her capacity as the Member for South Coast. PD 28/2/2013, 18303-18304; PD 14/3/2013, 18719-18720; PD 27/3/2013, 19554-19555; 9/5/2013, 20410-20411; 30/5/2013, 21371-21372
2013 Precedent1 The Acting Speaker obtained the leave of the House to permit the taking of additional community recognition statements. PD 30/5/2013, 21367; VP 30/5/2013, 1674 2. The Acting Speaker (Mr Ward) obtained the consent of the house to extend the taking of community recognition statements until 1.30 pm. VP 16/10/2013, 1858.
2012 Precedent1. Point of order upheld that private members' statements should not be used to attack other people. PD 21/2/2012, 8539
Notes for the ChairPrivate Members' Statements (SO 108) Private Members' Statements are taken at 12.00 noon and after the conclusion of the Matter of Public Importance on Tuesday, at 7.00 pm and the conclusion of the Matter of Public Importance on Wednesday and after the conclusion of private members' statements on Thursday. Up 47 private members' statements may be made within the time allocated in the routine of business across any one sitting week for up to 5 minutes each and a Minister or Parliamentary Secretary may reply for up to 1 minute. Private Members' Statements may also be taken between items of business with the leave of the House. No divisions or quorums are permitted during Private Members' Statements. A number of principles govern Private Members' Statements: Matters of general concern may be raised, mostly pertaining to a Member's electorate or local matters of concern to a constituent. However, Members are allowed to cover wider issues of public policy where a connection with the Member's constituency is established. Attacks on other Members is not permissible except by way of substantive motion. Statements reflecting on the character or conduct of persons outside the Parliament are inappropriate. Reflections on the judiciary are not permitted. Ministers should not use Private Members' Statements to raise policy issues that fall within their portfolio responsibilities except when relevant in replying to matters raised by private Members. Shadow Ministers should not raise portfolio policy issues by way of an attack on the Minister under the guise of a Private Members' Statement. Private Members' Statements should not be used to anticipate or continue debate on a matter in the Assembly or the Council, nor should they be used to debate legislation or comment on policy matters. Members should make a statement rather than develop an argument. Key rulings: The original concept of providing an opportunity for Members to raise matters of purely local import related to the electorates. This has been relaxed so long as the
Notes for the ChairPRIVATE MEMBERS' STATEMENTS (SO 108) Up to 24 Members 5 minutes Replies by Ministers 1 minute
2011 Precedent1. Leave of the House was obtained for private members' statements to be taken forthwith until 6.00 pm. VP 3/5/2011, 44 2. The Speaker made a private member's statement in her capacity as the Member for South Coast. PD 6/5/2011, 386; PD 12/5/2011, 856-857 3. Leave of the House obtained for the taking of up to 12 private members' statements after the conclusion of the motion accorded priority and prior to the commencement of government business. VP 8/11/2011, 436 4. Leave of the House obtained to permit the taking of up to 18 private members' statements from the conclusion of government business until 5.45 pm PD 9/11/2011, 7211; VP 9/11/2011, 444
2010 Cons. RulingSpeaker Torbay: "I am concerned that in recent times the scope of private members' statements has strayed beyond the principles which apply to this procedure. There have been many rulings given by former Speakers on the types of matters that can be raised during a private member's statement. The procedure is of limited scope in that its principal purpose is to provide members with a mechanism to raise matters of particular concern to their electorates. In limited cases, members are also able to use private members' statements to touch on issues other than local ones so long as the matter raised affects constituents directly or the member is raising an issue that has been brought to the member's attention by a constituent, provided the issue is related to the electorate. However, there are some matters that are clearly outside the scope of a private member's statement. For example, members cannot use private members' statements as a vehicle to attack other members as such attacks are only permitted by substantive motion. While the comments made by the member for Terrigal related to a former member of the other place there were more appropriate vehicles by which to raise the particular issue and as such were outside the generally accepted scope of a private member's statement. Private members' statements should not be used to make attacks on persons outside of Parliament. Private members' statements should not be used to continue debates on issues raised during question time or to reflect on answers that have been given or to continue debate on matters before the House or already concluded. Nor should they be used to attack the Government in relation to State issues at large as there are more appropriate procedures to do this such as motions accorded priority, general business motions, and in serious cases, motions of censure or no confidence. By way of general comment, I remind members that although they do have the privilege of freedom of speech in this place, this right also comes with certain responsibilities.
2010 Precedent1. The Speaker made a private member's statement in his capacity as the member for the Northern Tablelands. PD 24/2/2010, 20879-20880; PD 10/3/2010, 21239-21240; PD 17/3/2010, 21624-21625; PD 19/3/2010, 21804-21805; PD 22/4/2010, 22229; PD 1/9/2010, 25009-25010; PD 8/9/2010, 25495-25496; PD 22/9/2010, 25933; PD 20/10/2010, 26416-26417; PD 21/10/2010, 26639-26640; PD 27/10/2010, 27041- 27042; PD 10/11/2010, 27625-27626; PD 24/11/2010, 28242-28243; PD 1/12/2010, 28762-28763 2. A point of order was taken about the relevance of a private member's statement to the member's electorate. The Acting Speaker stated that whilst members could not discuss Government policy using this mechanism, the statement would be in order so long as the matter was initially raised by a person from the member's electorate. The member assured the Acting Speaker that this was the case and he was allowed to complete his statement. PD 25/2/2010, 21013 3. The Assistant Speaker obtained the consent of the House to permit the taking of two additional private members' statements. VP 12/3/2010, 1907 4. Standing orders were suspended to permit the House to sit past 6.30 pm and for the taking of up to 12 additional private members' statements. PD 22/4/2010, 22218 5. During the giving of a private member's statement the Assistant Speaker reminded a member on two occasions that his statement should be confined to matters within his electorate. On the second occasion the member stated that he disagreed with the Assistant Speaker's ruling on the grounds that the precedent has been that members who are "shadow ministers" are allowed to address matters related to their shadow portfolio. The Assistant Speaker stated that this was not provided for in the standing orders and the member referred more directly to matters within his electorate for the remainder of the statement. At the conclusion of the statement the Speaker referred to a ruling from 1988 which states "...the type of matter raised perhaps in a member's capacity as a shadow minister would genera
2009 Precedent1. The Speaker made a private member's statement in his capacity as the member for the Northern Tablelands. PD 11/3/2009, 13335-13336; PD 13/5/2009, 15261-15262; PD 25/6/2009, 16897-16898; PD 23/9/2009, 18082-18083; PD 25/11/2009, 19943-19944; PD 2/12/2009, 20484-20485 2. It being after 6.30 pm, leave was obtained for the House to continue to sit to permit members to make private members' statements. VP 18/6/2009, 1459; VP 25/6/2009, 1500 3. The Assistant Speaker upheld a point of order that a member had, to that point, failed to raise matters pertaining to the member's electorate or matters of concern to a constituent whilst giving a private members' statement. PD 22/9/2009, 17855 4. During the taking of private members' statements a member drew the Acting Speaker's attention to the fact that for a period of time there was no Minister or Parliamentary Secretary present in the Chamber. PD 25/9/2009, 18231 5. The Assistant Speaker obtained the leave of the House to permit the taking of three additional private members' statements. VP 23/10/2009, 1654 6. A member, by leave, made a second private members' statement. VP 27/11/2009, 1784 7. Leave was granted for five members to make private members' statements after the time set aside for private members' statements had concluded. VP 2/12/2009, 1804
2008 Precedent1. The Leader of the House obtained the leave of the House for up to 22 private members’ statements to be taken forthwith. VP 6/3/2008, 569 2. At the conclusion of a private member's statement the Acting Speaker pointed out that the member speaking introduced two subjects during his statement. The Acting Speaker stated that while she had extended a degree of latitude to the member in this instance, she would not do so again. PD 6/3/2008, 6067 3. During a private member's statement a point of order was taken that the member speaking had not made reference to his electorate and was instead entertaining policy debate not currently before the House. The Acting Speaker upheld the point of order, ruling that "Certain remarks are outside the scope of private members' statements. Members must relate their private members' statements to a matter relevant to their electorates". PD 6/3/2008, 6086 4. At the conclusion of a private member's statement a member requested an extension of speaking time. The Acting Speaker ruled that standing orders did not provide for an extension of time in relation to debate on private members' statements. PD 6/3/2008, 6087; PD 24/10/2008, 10595 5. During a private member's statement the Acting Speaker directed a member on three occasions to relate his comments to his electorate on three occasions. PD 7/3/2008, 6111 6. By leave, two additional members made private members' statements. PD 7/3/2008, 6116-6118; VP 7/3/2008, 573 7. The Leader of the House obtained the leave of the House for up to 12 private members' statements to be taken forthwith. Two additional members, by leave, also made private members' statements. PD 2/4/2008, 6277-6278, 6289-6292; VP 2/4/2008, 587 8. The Deputy Speaker reminded a member at the conclusion of their private member's statement that members must raise an issue pertaining to their electorates during private members' statements and that only one subject should be raised in accordance with longstanding protocols of the House. PD 13/5/2008, 7422 9. During a privat
2007 Precedent1. At the conclusion of a private members' statement the Acting Speaker reminded the member speaking that a private member's statement should relate to matters that occur in the member's electorate and that there were other avenues for raising State issues. PD 6/6/2007, 920 2. The Speaker made a private members' statement in relation to matters occurring in his electorate. PD 25/9/2007, 2242-2243 3. During a private members' statement the Assistant Speaker (Megarrity) upheld a point of order that the member speaking was making reference to matters outside those of specific relevance to his electorate. In her ruling the Assistant Speaker stated "When making a private members' statement the member should refer to matters of general concern pertaining to his electorate. There should be specific reference to events, organisations or people in his electorate." PD 27/9/2007, 2549-2550 4. A Minister obtained the leave of the House for up to 11 private members’ statements to be taken forthwith. PD 7/11/2007, 3716; VP 7/11/2007, 361 5. The Leader of the House obtained the leave of the House for private members’ statements to be taken forthwith before the commencement of government business. PD 9/11/2007, 3849; VP 9/11/2007, 371 6. The Speaker gave the following ruling in relation to the correct procedure at 4.15 pm on Thursdays when business is interrupted for the giving of general notices and private members’ statements: “It has been brought to my attention that on Thursday 15 November 2007 there was some confusion as to what the correct procedure is at 4.15 pm on Thursdays when business is interrupted for the giving of general notices and private members’ statements. Standing Order 108 clearly provides that on Thursday business before the House is interrupted at 4.15 pm unless a division is in progress or proceedings under the guillotine are in progress. In the case where a division has been called for prior to 4.15 pm but is concluded after 4.15 pm the business before the House if it is a motion accorded priority
552 Sessional OrderPRIVATE MEMBERS’ STATEMENTS (adopted 9 September 2014) That, during the current session, unless otherwise ordered, standing order 108 shall read as follows: 108. The procedure for Private Members' Statements is as follows: (1) In accordance with the routine of business, the Speaker shall ask if there are any Private Members' Statements. (2) Up to 47 Private Members' Statements may be made over any one sitting week, within the time allocated in the routine of business, for up to 5 minutes each and replies by Ministers shall be limited to 1 minute each. (3) Private Members' Statements may be taken between items of business with the leave of the House for a specified period or a specified number of Members or until certain business is to be conducted as notified by the Minister in charge of the House at that time. (4) A division on any question or quorum call shall not be permitted during Private Members' Statements. (5) The House shall adjourn without motion moved until the next sitting day: (a) At the conclusion of Private Members' Statements when it is the last item on the day's routine of business and concludes earlier than the time set for adjournment; or (b) At the time set by the routine of business for adjournment.
551 Sessional OrderPRIVATE MEMBERS’ STATEMENTS (Adopted 14 February 2012) That, during the current session, unless otherwise ordered, standing order 108 shall read as follows: 108. The procedure for Private Members' Statements is as follows: (1) In accordance with the routine of business, the Speaker shall ask if there are any Private Members' Statements. (2) Up to 47 Private Members' Statements may be made over any one sitting week, within the time allocated in the routine of business, for up to 5 minutes each and replies by Ministers shall be limited to 1 minute each. (3) Private Members' Statements may be taken between items of business with the leave of the House for a specified period or a specified number of Members or until certain business is to be conducted as notified by the Minister in charge of the House at that time. (4) A division on any question or quorum call shall not be permitted during Private Members' Statements. (5) The House shall adjourn without motion moved until the next sitting day: (a) At the conclusion of Private Members' Statements when it is the last item on the day's routine of business and concludes earlier than the time set for adjournment; or (b) At the time set by the routine of business for adjournment.


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