| Related Orders, Precedents and Rulings |
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| Standing Order 140 of 1994 (Repealed) | 140. The procedure for Questions without Notice is as follows: (1) Questions may be read and are subject to the same rules as questions on notice but shall not be recorded in the Questions and Answers Paper. (2) No question shall be asked after 45 minutes from the Speaker calling on questions or the answering of 10 questions whichever is the later. (3) One supplementary question, may be asked immediately by the Member asking the original question, the answer shall count as one of the 10 answers. (4) The Leader of the Opposition is entitled to be called first by the Speaker at the commencement of the period for questions. (5) Ministers seeking to provide additional information to questions already answered at the current or a previous sitting shall do so at the conclusion of the question period. |
| 2006 Precedent | 1. During questions without notice the Speaker advised a member that his question was too lengthy and that he would give him an opportunity to ask the question later in question time. PD 24/05/2006, p 309 2. During questions without notice a point of order was raised that the answer was no longer responsive to the question and that the Minister was recycling an answer previously given by the Premier. The Speaker did not uphold the point of order but directed the Minister to bring his answer to an end. PD 30/08/2006, p 1164 |
| 2006 Precedent | (In relation to subsection (3) [The procedure for Questions without Notice is as follows: ] (3) One supplementary question, may be asked immediately by the Member asking the original question, the answer shall count as one of the 10 answers): 1. Supplementary question ruled out of order. PD 28/02/2006, p 20695; PD 24/05/2006, p 308; PD 30/08/2006, p 1168; PD 26/09/2006, p 2241; PD 27/09/2006, p 2412; PD 28/09/2006, p 2555; PD 28/09/2006, pp 2561-2 |
| 2006 Precedent | (In relation to subsection (5) [The procedure for Questions without Notice is as follows: ] (5) Ministers seeking to provide additional information to questions already answered at the current or a previous sitting shall do so at the conclusion of the question period): 1. A Minister provided a supplementary answer to a question without notice asked at the same or a previous sitting. VP 11/05/2006, p 2043; VP 31/08/2006, p 149; VP 25/10/2006, p 309 |
| 2005 Precedent | (In relation to subsection (5) [The procedure for Questions without Notice is as follows: ] (5) Ministers seeking to provide additional information to questions already answered at the current or a previous sitting shall do so at the conclusion of the question period): 1. A Minister provided a supplementary answer to a question without notice asked at the same or a previous sitting. VP 05/05/2005, p 1386; VP 24/05/2005, p 1395 2. At the conclusion of questions without notice a Minister provided a supplementary answer in order to correct the record. PD 08/11/2005, p 19182 3. Prior to the asking of questions without notice the Leader of The Nationals rose on a point of order in relation to a number of questions he had asked in the House and the failure of the Premier to provide information in relation to them. He noted that he had received a fax from the Premier's department after question time the previous day that contained information purporting to be an answer to a question he had asked in the House. The Leader of the Nationals argued that as the question had been asked in the House that the answer should also be given in the House rather than by a bureaucrat in a fax. The Leader of the Nationals also argued that standing order 140 provides that a Minister may provide additional information to questions at the conclusion of question time and that the Premier should be directed to provide a full response to the House. The Leader of the House spoke to the point of order arguing that there is nothing in the standing orders that says a Minister must provide information to the Parliament rather than to the member directly. The Speaker noted that he would consider the matter and rule on it after question time. At the conclusion of questions without notice the Speaker ruled on the point of order noting that the Chair is not in a position to direct Ministers how to respond to questions and that the standing orders are silent on whether answers to questions without notice have to be provided in the House. The Speaker d |
| 2005 Precedent | (In relation to subsection (3) [The procedure for Questions without Notice is as follows: ] (3) One supplementary question, may be asked immediately by the Member asking the original question, the answer shall count as one of the 10 answers): 1. Supplementary question ruled out of order. PD 24/05/2005 p 15993; PD 21/06/2005, p 17087; PD 22/06/2005, p 17331; PD 20/09/2005, p 17947; PD 12/10/2005, p 18478; PD 15/11/2005, p 19649 2. When a member asked a supplementary question a point of order was raised that the question was the same as that of a question on notice and was out of order. The Speaker did not uphold the point of order noting that there was a substantial difference between the question on notice and the question without notice. However, the Speaker ruled that the supplementary question was out of order as it did not seek information additional to that supplied by the Minister in her reply. PD 18/10/2005, pp. 18740-1 3. During questions without notice a point of order was raised that a supplementary question asked by the Leader of the Opposition was clearly out of order. The Speaker noted that the Premier had answered an earlier question in relation to the matter and ruled the supplementary question in order. PD 16/11/2005, pp 19826-7 4. The Speaker ruled a supplementary question out of order as he considered it to be a separate question that did not arise from the Premier's answer. PD 30/11/2005, p 20364 |
| 2005 Precedent | 1. Following the raising of numerous points of order during questions without notice the Speaker warned the House that it was question time and not a debate noting that it would be conducted in the proper way with Ministers being asked questions and providing answers. He advised members to not try to debate matters under the guise of spurious points of order or by calling out to one another across the Chamber warning that he would call both Government and Opposition members to order if it continued. PD 15/09/2005, p 17876 2. The Speaker drew a Minister's attention to the length of his answer and asked him to draw it to a conclusion. PD 01/12/2005, p 20546 |
| 2004 Precedent | (In relation to subsection (5) [The procedure for Questions without Notice is as follows: ] (5) Ministers seeking to provide additional information to questions already answered at the current or a previous sitting shall do so at the conclusion of the question period): 1. A Minister provided a supplementary answer to a question without notice asked at the same or a previous sitting. VP 24/02/2004, p 605; VP 25/02/2004, p 614; VP 11/03/2004, p 660; PD 16/03/2004, p 7296; VP 18/03/2004, p 698; PD 05/05/2004, p 8454; 22/06/2004, p 880; VP 23/06/2004, p 898; PD 22/09/2004, p 11298; PD 11/11/2004, pp 12753 - 12754 2. A Minister provided a supplementary answer in relation to a question asked the previous day. A point of order was raised that the Minister was not providing a supplementary answer but was making comments on an interjection and that the Minister should make a request to the Speaker at a relevant time to provide supplementary advice. The Speaker noted he had not heard enough from the Minister to make a decision in relation to the first part of the point of order but in relation to the second part that the Minister was entitled to provide a supplementary answer to a question that was asked during question time the previous day. The Leader of the Opposition subsequently raised a point of order that the Minister had commenced his answer by asserting that a member had referred to something that was insulting arguing that the Speaker had ruled earlier that questions must not use colourful language and that the same should apply to Ministers' answers. The Speaker order the Leader of the Opposition to resume his seat whereupon he called the Speaker a "hypocrite". The Speaker warned the Leader of the Opposition not to use unparliamentary language and that such comments were a reflection on the Chair. PD 11/03/2004, pp 7170 - 7171 3. During the time period set aside for private members' statements, a Minister sought leave to provide a supplementary answer to a question asked earlier that day. Leave was not granted. |
| 2004 Precedent | 1. When a question without notice was asked about Port Macquarie Base Hospital a point of order was raised that under the standing orders questions are normally asked by the local member and that a Minister should hold over his answer until the local member was present in the Chamber. The Speaker did not uphold the point of order noting that the member who raised it should spend more time studying the standing orders seeing he obviously knew nothing about them. PD 19/02/2004, p 6343 2. The Premier, in a response to a question without notice, referred to the member for Clarence. The member for Clarence rose on a couple of occasions to take a point of order that the Premier was misleading the House. The Speaker did not uphold the points of order and advised the member for Clarence that he could make a personal explanation at the appropriate time. The member subsequently made a personal explanation at the conclusion of question without notice. PD 17/03/2004, pp 7449 & 7454 3. During the Premier's response to a question without notice, a point of order was raised which asked the Premier a question. The Speaker advised that he was tempted to regard it as another question but would not. PD 04/05/2004, p 8207 4. During questions without notice, a point of order was raised drawing the Speaker's attention to a number of questions on the questions and answers paper that were similar to the question asked in the House arguing that as the question had already been asked that the question be ruled out of order. The member who had asked the question argued that the questions were different. The Speaker acknowledged the relevance of some matters raised but did not rule the question out of order. PD 09/11/2004, pp 12385 - 12386 |
| 2004 Precedent | (In relation to subsection (3) [The procedure for Questions without Notice is as follows: ] (3) One supplementary question, may be asked immediately by the Member asking the original question, the answer shall count as one of the 10 answers): 1. Following the asking of a supplementary question, the Speaker warned the member who asked the question that he had difficulty understanding the question noting that the question had continued at some length and contained a purported quote. The member noted that the quote was from a transcript of evidence given to a parliamentary committee. The Speaker advised the member that question time was not second reading time. PD 31/03/2004, p 7862 - 7863 2. Supplementary question ruled out of order. PD 22/06/2004, p 9823; PD 23/09/2004, p 11442; PD 09/11/2004, p 12386 |
| 2003 Precedent | 1. During questions without notice a point of order was raised that a number of long answers were being given and that this would prevent further questions being asked within the 45 minutes set aside for questions. The member raising the point of order asked the Speaker to rule the words "and related matters" not be allowed in questions arguing that questions are supposed to be succinct and precise, as are the answers. Not upheld. PD 25/06/2003, 2126 2. During questions without notice a point of order was raised that the Minister was outlining government policy and asked the Acting Speaker to direct the Minister to make a Ministerial Statement so that the Opposition had a chance to reply. The Acting Speaker ruled that the Minister was answering the question and not making a ministerial statement. PD 03/07/2003, 2859 3. In response to a question without notice asked by the Leader of the National Party about the gaming machine tax the Minister for Regional Development suggested that such questions be referred to the Minister who represents the Treasurer. The Leader of the National Party argued that the question clearly relates to regional development, regional economies and regional jobs and asked the Speaker to direct him to answer the question. Not upheld. PD 04/09/2003, 3200 4. During questions without notice the Leader of the Opposition rose on a point of order claiming that the Premier had not been relevant in his answer to the question asked to which the Speaker advised that the Chair cannot direct the Premier or any Minister how to answer a question. PD 17/09/2003, pp 3469 - 70 5. During questions without notice, the Speaker noted that there had been constant calling out and needless interjection, particularly from Opposition members. The Speaker reminded all members that interjections would not be tolerated while a Minister was addressing the House. The Speaker also advised members that questions without notice seek information and that members should extend to Ministers the courtesy of listening to their |
| 2003 Precedent | (In relation to subsection (5) [The procedure for Questions without Notice is as follows: ] (5) Ministers seeking to provide additional information to questions already answered at the current or a previous sitting shall do so at the conclusion of the question period): 1. A Minister provided a supplementary answer to a question asked during question time. PD 21/05/2003, 872
VP 21/05/2003, 111 2. A Minister provided supplementary information to a question without notice asked of him earlier that day. VP 22/05/2003, 126
VP 18/06/2003, 183, 189 3. A Minister provided supplementary information to a question without notice asked of him the previous day. VP 28/05/2003, 144
VP 29/05/2003, 158 4. A Minister provided supplementary information to a question without notice asked of him the previous week. VP 02/07/2003, 248 5. A Minister, on behalf of the Premier, provided supplementary information to a question without notice asked of the Premier the previous day. Another Minister, on behalf of the Premier, also provided supplementary information to a question asked of the Premier the previous day. VP 03/07/2003, 263 6. A Minister provided a supplementary answer to a question asked of him during question time that same day when the House resumed following the dinner break. The supplementary answer was given outside the normal time for supplementary answers (i.e. at the conclusion of question time) as he was not given the call by the Chair at the conclusion of question time. PD 03/09/2003, 3097 & 3114 7. At the conclusion of questions without notice the Premier provided additional information in relation to a question asked at the beginning of question time. PD 13/11/2003, 4987 |
| 2003 Precedent | (In relation to subsection (3) [The procedure for Questions without Notice is as follows: ] (3) One supplementary question, may be asked immediately by the Member asking the original question, the answer shall count as one of the 10 answers): 1. The Speaker ruled a supplementary question out of order. PD 30/04/2003, 116; PD 20/05/2003, 703: PD 25/06/2003, 2129; PD 29/10/2003, 4370; PD 30/10/2003, 4522; PD 12/11/2003, 4835; PD 18/11/2003, 5132; PD 20/11/2003, 5474 2. During questions without notice a member asked a supplementary question and a point of order was raised by the Opposition that a supplementary question must arise from the answer given by a Minister and that this was not the case. The Speaker did not agreed and ruled that the question was clearly a supplementary question. PD 08/05/2003, 549 3. During questions without notice the Speaker ruled a supplementary question out of order. When this was questioned by the member asking the supplementary question the Speaker advised the member that a question without notice should seek information; not direct a Minister to undertake certain action. PD 14/10/2003, 3745 4. During questions without notice, the Leader of the Opposition asked a supplementary question to which the Leader of the House raised a point of order asking the Speaker to rule it out of order. The Speaker did not uphold the point of order noting that the Leader of the Opposition had sought further information. PD 16/10/2003, 4073 |
| 2002 Precedent | (In relation to subsection (3) [The procedure for Questions without Notice is as follows: ] (3) One supplementary question, may be asked immediately by the Member asking the original question, the answer shall count as one of the 10 answers): 1. The Speaker ruled a supplementary question out of order. PD 12/3/02, 218; PD 10/4/02, 1305; PD 7/5/02, 1596; PD 28/5/02, 2071; PD 29/5/02, 2170; PD 19/9/02, 5083; PD 14/11/02, 6843 2. A member asked a supplementary question of which the second part was ruled out of order. PD 19/3/02, 666 3. The Speaker ruled a supplementary question out of order as it did not arise from the information given in the Minister's answer. PD 9/4/02, 1132 4. The Speaker ruled a supplementary question out of order as it was the same as the original question. PD 30/5/02, 2277 5. During questions without notice a member interjected during a Minister's response. The Speaker ruled that the interjection was a supplementary question. PD 27/06/2002, 4122 6. The Speaker ruled a supplementary question out of order to which the member asking the question argued it was in order. The Speaker noted that was a matter of interpretation. PD 31/10/02, 6367 |
| 2002 Precedent | (In relation to subsection (5) [The procedure for Questions without Notice is as follows: ] (5) Ministers seeking to provide additional information to questions already answered at the current or a previous sitting shall do so at the conclusion of the question period): 1. A Minister, by leave, provided supplementary information to a question without notice asked earlier in the sitting. VP 19/3/02, 103
PD 19/3/02, 698 2. Prior to the commencement of Question Time the Premier provided a supplementary answer to a question on notice asked two days before. A member of the Opposition raised a point of order that supplementary answers should be relevant and to the point and that the Premier was making a statement of government policy. Not upheld. PD 6/6/02, 2827 3. The Premier, by leave, provided a supplementary answer to a question asked during Question Time two days prior. PD 5/9/2002, 4715
VP 5/9/02, 414 4. Prior to the commencement of Question Time a Minister, by leave, provided a supplementary answer to a question asked during Question Time earlier in the year. PD 17/9/2002, 4807
VP 17/9/02, 421 5. A point of order was raised when a Minister was providing a supplementary answer that he was speaking to the subject of an interjection and was outside the leave granted to him relating to the giving of a supplementary answer. Not upheld. PD 17/9/2002, 4807 6. A Minister, by leave tabled information which was requested during Question Time the day before. PD 18/9/02, 4935
VP 18/9/02, 434 7. A Minister, by leave, provided supplementary information to a question without notice asked at the previous day's sitting. VP 19/9/02, 455 8. During Ministerial Statements a Minister sought leave to provide further details to a question asked at the previous day's sitting. Leave not granted. The Minister later provided the supplementary answer at the end of question time. PD 25/9/02, 5361
PD 25/9/02, 5379
VP 25/9/02, 474 9. Prior to the commencement of question time, the Premier sought to provide a supplementary answer to a question |
| 2002 Precedent | 1. A Minister failed to answer a question without notice claiming that the Speaker had not given him the call to answer the question. The Speaker ordered that the standing orders provide for the answering of 10 questions and that the question could be asked again as one of these 10 questions enabling the Minister an opportunity to reply. PD 26/06/2002, 3837 2. The Speaker ruled that a question without notice was out of order as it was not relevant to the Minister's portfolio. Responding to a point of order regarding his decision, the Speaker advised that the standing orders provide that Ministers may be asked questions about their portfolio responsibilities and that committee chairmen may be asked questions about the affairs of those committees. He reiterated that the question was out of order. PD 12/11/02, 6481 3. Point of order taken that a Minister had wandered away from the microphone in the Chamber and was unable to be heard. The Speaker indicated that there is no requirement under the standing orders for members to remain at the rostrum while they are speaking as there are microphones at the top and rear of the Chamber and that Shadow Ministers should be quiet if they wish to hear the Minister's response. PD 14/11/02, 6844 |
| 2001 Precedent | (In relation to subsection (5) [The procedure for Questions without Notice is as follows: ] (5) Ministers seeking to provide additional information to questions already answered at the current or a previous sitting shall do so at the conclusion of the question period): 1. Minister gave a supplementary answer at the conclusion of debate on an urgent motion to a question without notice. He indicated that he had just received advice from the Member asking the question that the date cited in the question had been incorrect. PD 6/6/01, 14531 2. Minister gave a supplementary answer at the conclusion of Question Time during which Member made a point of order about the comments. The Speaker ruled it was a personal explanation not a point of order. PD 7/11/01, 18205 |
| 2001 Precedent | (In relation to subsection (3) [The procedure for Questions without Notice is as follows: ] (3) One supplementary question, may be asked immediately by the Member asking the original question, the answer shall count as one of the 10 answers): 1. Supplementary question asked by the Leader of the Opposition and answered. A second supplementary question asked by another Member was ruled out of order as it asked the Premier to finish answering the question. Later, another Member asked a third supplementary question. The Speaker noted that he had overlooked the fact that a supplementary question had already been asked and answered therefore the third supplementary question was also out of order. PD 28/2/01, 12065 2. The Speaker ruled that a supplementary question which included multiple questions should be rephrased and that he would give the Member the call at a later stage. PD 11/4/01, 13633 3. Member called but was interrupted by another Member who indicated that he had a supplementary question. The Speaker ruled that supplementary questions took precedence over any other question. Supplementary question then ruled out of order as 10 questions had already be asked and answered. Member complained that the Minister had not answered the question asked and that he should be allowed to ask another question so that he could get an answer. He was advised to write to the Standing Orders and Procedure Committee. PD 12/4/01, 13731 |
| 2000 Precedent | 1. During questions without notice member moved 'That the Premier be not further heard'. Motion negatived on division. VP 10/08/00 |
| 2000 Precedent | (In relation to subsection (3) [The procedure for Questions without Notice is as follows: ] (3) One supplementary question, may be asked immediately by the Member asking the original question, the answer shall count as one of the 10 answers): 1. The Speaker ruled a supplementary question out of order, as it was the same as the original question asked. PD 4/4/00, 4036 2. The Speaker ruled a supplementary question out of order as there had already been one supplementary question asked at that Question Time. PD 30/05/00, 6075 3. The Speaker ruled a supplementary question out of order, as it did not comply with the Standing Order relating to supplementary questions. PD 31/05/00, 6264 4. The Speaker ruled a supplementary question out of order. PD 06/06/00, 6617; PD 22/06/00, 7539 5. The Speaker ruled a supplementary question out of order as it did not arise out of the answer previously given. PD 29/06/00, 7875; PD 23/11/00, 10778 |
| 1999 Precedent | (In relation to subsection (5) [The procedure for Questions without Notice is as follows: ] (5) Ministers seeking to provide additional information to questions already answered at the current or a previous sitting shall do so at the conclusion of the question period): 1. Prior to the commencement of question time, Minister made a statement to the House adding to an answer he had given to a question the previous day. PD 10/11/99, 2619 |
| 1998 Precedent | (In relation to subsection (3) [The procedure for Questions without Notice is as follows: ] (3) One supplementary question, may be asked immediately by the Member asking the original question, the answer shall count as one of the 10 answers): 1. Standing orders do not preclude a supplementary question being set out in writing prior to the question being asked. PD 19/05/98, 4748 2. Supplementary question not allowed as it did not arise from the Minister's answer. PD 28/05/98, 5423 3. Supplementary question not allowed as the Minister had already answered the question. PD 02/06/98, 5520 4. Supplementary question not allowed as it did not arise from the answer given by the Minister. PD 04/06/98, 5821 4. Ruled that under the standing orders only one supplementary question may be asked. PD 08/09/98, 7178 5. A supplementary question not allowed as it did not arise from the answer given. PD 24/09/98, 8033 |
| 1998 Precedent | 1. Members may ask one question but not a series of questions. PD 21/05/98, 5059 2. Objection to member leaving the Chamber after asking a question overruled. PD 26/05/98, 5140 3. On objection being taken that a question asked by the Leader of the Opposition was too long and asked a series of questions, the Speaker ruled that, while the objection was well founded, the Chair traditionally extends considerable latitude with regard to questions asked by the Leader of the Opposition and allowed the question. PD 18/06/98, 6157 4. Member warned about asking questions with a number of parts. PD 08/09/98, 7177 5. Speaker, consistent with his policy of extending latitude to party leaders, allowed the Leader of the Opposition to ask a long question, although not wishing to set a precedent. PD 17/09/98, 7644 6. Speaker directed a member to rephrase a question with two parts. PD 17/09/98, 7650 7. Speaker ruled that a question was too long but allowed the member to rephrase it. PD 14/10/98, 8308 8. A Minister is not prohibited from providing further information about government initiatives when answering a question. PD 20/10/98, 8549 9. Question ruled to breach the sub judice convention not counted in the 10 questions. PD 22/10/98, 8899 10. Chair directed a member to rephrase a question which had a number of parts. PD 27/10/98, 9009 11. The Minister may answer the question whatever way he chooses. PD 27/10/98, 9011 12. Speaker allowed the Leader of the Opposition latitude in asking a question which would normally be out of order. PD 28/10/98, 9199 |
| 1998 Precedent | (In relation to subsection (5) [The procedure for Questions without Notice is as follows: ] (5) Ministers seeking to provide additional information to questions already answered at the current or a previous sitting shall do so at the conclusion of the question period): 1. Objection taken to a Minister providing a supplementary answer to a question asked of another minister. Answer allowed as traditionally Ministers have been able to answer questions on the behalf of other Ministers, in order to allow as much discussion as possible and because when the Minister was first asked the question he indicated that it should be asked of other Minister. PD 17/06/98, 6027 2. Objection taken that a supplementary answer should be taken as a ministerial statement as it canvassed Government policy overruled. PD 17/06/98, 6028 |
| 1998 Cons. Ruling | SPEAKER MURRAY : I ask all members to take particular note of the statement I am about to make in relation to questions without notice. In recent weeks the Chair has become increasingly concerned about the form and content of questions without notice. I remind members that the provisions of Standing Order 137 apply to questions without notice in the same way as they apply to questions upon notice. There appears to be a tendency to include in questions without notice imputations of improper motives, arguments, inferences and expressions of opinion. The inclusion of all or any of those matters in a question without notice would cause the Chair to rule the question out of order. The launching of a personal attack or the imputing of improper motives in the guise of a question without notice is in breach of Standing Order 82. Such matters should be dealt with by way of substantive motion. In essence, questions without notice should be brief, singular in nature, to the point and, most important, they should not contain additional information or asides that are not necessary to make the question intelligible. The Chair proposes to enforce those guidelines. If members are in doubt as to the admissibility of their questions, I suggest they avail themselves of the excellent advice of the Clerks at the table. PD 2/6/98, 5514
VP 2/6/98, 668 |
| 1997 Precedent | (In relation to subsection (3) [The procedure for Questions without Notice is as follows: ] (3) One supplementary question, may be asked immediately by the Member asking the original question, the answer shall count as one of the 10 answers): 1. Speaker ordered that a supplementary question be rephrased for having 2 parts. The Speaker allowed another question from a different member while the supplementary question was rephrased. When the supplementary was asked, a point of order was taken that it was the eleventh question. The Speaker allowed the question as it was supplementary to the earlier question. PD 09/04/97, 7330 2. Speaker ruled a supplementary question out of order because, while being technically in order, it was asked in an inappropriate manner after the member had previously been warned. PD 16/04/97, 7637 4. Supplementary question ruled out of order as it had already been answered. PD 14/05/97, 8604 3. On a point of order being taken that a supplementary question was not relevant to the original question, the Speaker allowed the Premier to continue his answer as he had already begun to give an answer even though the question was outside the ambit of a supplementary question. PD 25/09/97, 615 |
| 1997 Precedent | 1. Speaker ruled that the Premier was at liberty to answer a question asked of another Minister. PD 06/05/97, 8050 2. Speaker directed that questions to the Speaker should be raised in the Speaker's chambers rather than in the House. PD 26/11/97, 2718 |
| 1996 Precedent | (In relation to subsection (3) [The procedure for Questions without Notice is as follows: ] (3) One supplementary question, may be asked immediately by the Member asking the original question, the answer shall count as one of the 10 answers): 1. Question ruled not to be a supplementary question. PD 19/9/96, 4416. 2. Speaker ruled that supplementary question was out of order on the basis that it did not arise from the answer given by the Minister. PD 24/9/96, 4487. |
| 1996 Precedent | (In relation to subsection (4) [The procedure for Questions without Notice is as follows: ] (4) The Leader of the Opposition is entitled to be called first by the Speaker at the commencement of the period for questions): 1. Speaker ruled that there was no point of order that the first call did not go to the delegate of the Leader of the Opposition as the call as not sought. PD 20/11/96, 6302. |
| 1996 Precedent | (In relation to subsection (5) [The procedure for Questions without Notice is as follows: ] (5) Ministers seeking to provide additional information to questions already answered at the current or a previous sitting shall do so at the conclusion of the question period): 1. Point of order taken (and not upheld) that Minister was answering questions raised in previous sitting at inappropriate time. PD 17/4/96, 150 2. Debate on a motion for urgent consideration was interrupted to allow a Minister to provide additional information to an answer she gave during question time. PD 17/4/96, 161 |
| 1995 Precedent | 1. Minister (by leave) provided further information in respect of question addressed to him earlier that day in Question Time. VP 23/5/95, 46 2. Point of order taken against Minister giving additional information to a Question previously asked which included information on what the Minister had done about the issue since the Question had been asked and that therefore the answer was more properly a Ministerial Statement. The Speaker did not uphold the point of order. PD 16/11/95, 3416-3417 3. Additional information to a Question previously asked given at time which was not at the conclusion of the question period as specified in the standing order. PD 16/11/95, 3435 4. Minister proceeding to give supplementary information in respect of question asked at previous sitting. Point of order taken that this was the second supplementary answer to the same question. Speaker ruled that there was some substance in the point or order. Later point upheld that supplementary answers had to be given at the conclusion of the question period. PD 6/12/95, 4243-4244. |
| 1994 Precedent | (In relation to subsection (5) [The procedure for Questions without Notice is as follows: ] (5) Ministers seeking to provide additional information to questions already answered at the current or a previous sitting shall do so at the conclusion of the question period): 1. The Minister gave a supplementary answer to a question asked earlier during Question Time. PD 17/11/94, 5252 |
| 1994 Precedent | (In relation to subsection (3) [The procedure for Questions without Notice is as follows: ] (3) One supplementary question, may be asked immediately by the Member asking the original question, the answer shall count as one of the 10 answers): 1. Question ruled out of order as it asked for an opinion. The Speaker indicated that the member could seek to ask the question again later in a rephrased form. A question on a different matter was then asked and answered, followed by a supplementary question. Point of order taken that the supplementary question was designed to prevent the disallowed question from being rephrased and that, as the answer had already been provided, the disallowed question should now be allowed. The Speaker replied that the Chair had never been able to rule on the quality of questions, including supplementary questions. He noted that if he allowed the supplementary question, 10 questions would have been asked and this would preclude the disallowed question from being reasked until tomorrow. He allowed the supplementary question but noted that the use of this procedure as a ruse to prevent a member from the other side asking the last question of the day was a matter for his conscience. PD 2/3/94, 71, 72-73 2. Point of order taken that supplementary question did not arise from the answer given by the Premier. The Speaker ruled that the supplementary question was within the forms of the House. PD 10/5/94, 2154 3. Motion that this House refers to the Standing Orders and Procedure Committee the rules relating to supplementary questions agreed to. PD 15/9/94, 3074
VP 15/9/94, 333 |
| 1994 Precedent | 1. Minister mentioned several companies that had supported a grand prix at Eastern Creek raceway. Point of order taken that it was a gross misuse of question time to use it for corporate advertising. The Speaker ruled that there was no point of order involved, and there was no precedent for the matter raised in the point of order. He was, however, concerned at the length of time that the Minister had taken to answer the question and asked him to conclude as speedily as possible. PD 16/3/94, 811 2. Point of order taken that the Premier was making a ministerial statement in response to a question without notice. The member had no objection to the Premier making a ministerial statement but demanded that the Leader of the Opposition be allowed to reply, if necessary. The Speaker ruled that it was a classic example of what was not a ministerial statement because the matters addressed arose from a resolution passed by the House. Ministerial statements applied to matters of government policy. As the matter arose from a resolution of the House, it could in now way be construed to be government policy. PD 13/5/94, 2612-3 3. Point of order not upheld that Minister was making a ministerial statement in response to a question without notice. PD 15/9/94, 3078 4. Question broken into several parts by numerous interjections and the Speaker ruled that it was difficult to understand the gist of the question and whether there was substance to a point of order taken that question was not relevant. Premier indicated that he was willing to answer the question. The Speaker then warned member that his question seemed to be getting lengthy and, when the member replied that he had not finished, The Speaker called on the Premier to answer. PD 20/9/94, 3353 5. Several points of order taken about the length of questions. Speaker replied that the Chair had difficulty in determining the length of questions when members continually interrupted. It was impossible to gauge the exact number of words--which was not necessarily a determinant of wh |
| 1993 Precedent | 1. The Speaker expressed concern at the length of the Minister's answer and asked him to conclude it as quickly as possible. PD 25/2/93, 55 2. The Speaker called order several times during question time, expressing concern at the level of interjection. Having called the Leader of the Opposition to order for the third time, the Speaker stated that the sorts of interjections that had been made, irrespective of what may have provoked them, made it very difficult for members to follow what was happening in the House, disrupted the orderly conduct of question time and frittered away valuable time that members had to ask questions. A minimum of 10 questions should be asked during question time, however, if questions were asked and answered expeditiously, there was every chance that more than 10 questions could be asked. He asked all members to co-operate to allow the rest of question time to flow smoothly. PD 11/3/93, 686-7, 689 3. The Speaker asked the Minister, who had been on his feet for quite some time, to complete his answer. PD 29/4/93, 1838 4. Member asked a question without notice of the chairman of a Committee concerning the unauthorised publication of a committee's draft report. The Speaker called order, noting that it may not be common practice in this House for a question to directed to a private member, but this was not reason for members to react in the way they did. PD 10/11/93, 5081-2 5. Point of order not upheld that Minister was making a ministerial statement during Question Time, having spoken for 10 minutes. The Speaker reminded members that his earlier rulings attempted to ensure that the maximum number of questions possible were asked in question time. As Sessional Orders guaranteed that 10 questions would be asked, and having regard to the subject matter of the Minister's answer so far, despite its length, he ruled the answer in order.. PD 11/11/93, 5223 6. Question ruled out of order as being substantially the same as a previous question. PD 14/12/93, 6041 |
| 1993 Precedent | (In relation to subsection (3) [The procedure for Questions without Notice is as follows: ] (3) One supplementary question, may be asked immediately by the Member asking the original question, the answer shall count as one of the 10 answers): 1. Supplementary question ruled out of order. The Speaker stated that he had difficulty upholding the question as a supplementary, when clearly the Minister had answered the matter in the answer he had just given. Point of order taken that the Minister had failed to answer the first question and the second question was supplementary because the two questions related to different persons. When another member stated that the whole House knew that there was nothing clear in the answer, the Speaker ruled that he was trivialising the point of order. He then ruled that supplementary questions, being a new procedure, were still subject to a certain amount of trial and error. Some time ago he indicted the general parameters within which supplementary questions could be asked. One of those parameters was that the subject matter of the supplementary question must arise from the answer just given. Therefore, a second question on the same subject was not necessarily a supplementary question, unless the matter raised was drawn from the substance of the previous answer. His recollection was that the supplementary question asked was specifically answered by the Minister. The question having been answered, the Chair found it difficult to accept that the supplementary question was drawn from the substance of the previous answer. He suggested that members be careful to frame supplementary questions so that it was abundantly clear that the question was drawn from the previous answer. PD 31/3/93, 1037 2. Supplementary question ruled out of order in line with an earlier ruling that the context must arise directly out of an answer given to the question just asked. Member then asked the Speaker to consider a brief discussion in regard to his ruling in preference to the moving dissent. The Speaker |
| 1992 Precedent | 1. Question ruled out of order. Speaker advised member that he had flouted almost every ruling of Speakers of this House in relation to the length of questions and the giving of facts in a question rather than seeking information. PD 27/2/92, 226 2. Leave not granted to move a suspension of Standing Orders to permit debate upon a motion concerning the failure of a Minister to answer a question. PD 9/4/92, 2468 3. Speaker examined the elements in the two questions and went on to say that Erskine May at page 292 states, "Questions are not in order which renew or repeat in substance questions already answered or refused". This rule has been confirmed in this House by Speaker Ellis, on page 1413 of Parliamentary Debates, 1971-72 and Speaker Kelly on pages 56 and 10247 of Parliamentary Debates 1976-77-78. Speaker confirmed that a question similar in nature to an earlier question may be asked, however, it should not renew or repeat in substance questions already answered or declined to be answered. PD 24/6/92, 4110-1
VP 24/6/92 3. Following a question concerning road funding, Speaker informed the member that she was a little premature and suggested that she listen to the Budget details later that day. PD 15/9/92, 5673 4. Speaker warned member for the South Coast that the phrasing of a question on freedom of information request was close to being out of order. [Question asked multiple questions] . He stated that he would not like other members to take this as a precedent upon which to frame questions. PD 3/9/92, 5477 5. Speaker called order, noting that there was far too much interjection, particularly from the Opposition. Interjections impede the smooth flow of question time and restrict the numbers of questions that can be asked and, therefore, answered. PD 16/9/92, 5809 6. Speaker cited previous occasions when questions which contained multiple questions and gave a considerable amount of information had been in danger of being ruled out of order, had a point of order been taken. Speaker stated that he believed he m |
| 1992 Precedent | (In relation to subsection (3) [The procedure for Questions without Notice is as follows: ] (3) One supplementary question, may be asked immediately by the Member asking the original question, the answer shall count as one of the 10 answers): 1. Supplementary question ruled out of order because it did not relate to the answer given to the first question. The Speaker stated that the practice of asking supplementary questions was new to this House and there were very few precedents by which the Chair may be guided. However, the member pointed out in his response to the point of order taken by the Minister for the Environment that his first question related to the review of legislation in general terms. He then sought to support his case by saying, by way of supplementary question, that he could give an example in illustration of his first question. I doubt whether that comes within the scope of a supplementary question; it would be closer to debating the question, and that is strictly outside the standing orders governing questions asked in this House. Member then attempted to ask a further supplementary question. The Speaker stated that, because he had ruled the first supplementary question out of order, that forfeits the opportunity to ask a further supplementary question. Otherwise a member could ask a series of supplementary questions, each one being ruled out of order because it was unacceptable. I was sure that that is not the will of the House. PD 8/4/92, 2399 2. The Speaker stated that on 8 May 1992, a member asked a question without notice commencing "In relation to the answer given to the question asked by the honourable member for Ashfield", upon which the Minister for the Environment took a point of order that the question was a supplementary question. The Speaker observed that the original question asked, "Did the Attorney-General say publicly that he had been given incorrect advice by the Crown Solicitor on the current text of section 52 of the Independent Commission Against Corruption Act? Is that |
| 1991 Precedent | 1. Length of answers - Speaker Rozzoli stated that 11 minutes is too long an answer. PD 26/9/91,1898 |
| 1971 Cons. Ruling | Speaker Ellis: The main difficulty arises out of long and complex questions or questions raising matters of policy too long or involved to be answered within the limits of a reply to a question without notice. Questions of this sort should be asked only in special circumstances and are to be discouraged. Often honourable members seem to overlook the fact that the true and only valid purpose of a question is to seek factual information - not opinions - or to press for action, and I appeal to Ministers to make their replies in terms as brief as possible. PD 1969-70-71, pp 6917 - 18 |
| 1968 Cons. Ruling | Speaker Ellis: Before calling on questions, I take the opportunity of making an appeal to honourable members so to frame their questions without notice seeking information from the Government that the form and presentation of the subject matter will be in conformity with the rules and practice of the House. Standing orders provide that questions may be put to Ministers relating to public affairs and in putting any question, no argument or opinion shall be offered, nor any facts stated except so far as may be necessary to explain such question. It is in the practice of the House, however, that the basic requirements and limitations placed upon questions with or without notice are to be found. Questions should have relation to the public affairs and matters of administration for which the Minister is officially responsible. As the purpose of a question is to obtain information or press for action, it should be framed in concise and definite terms and not contain preamble or comment. It should not give information or be, in effect, a short speech, but should be of a genuinely interrogative character. It follows that questions should not contain arguments, inferences, imputations, epithets, or ironical expressions. A question should not be a hypothetical one or ask for confirmation of rumours or of a press report and a Minister should not be asked for an expression of opinion or for a legal opinion. In most contexts, the expression "Is the Minister aware" is tantamount to giving information and accordingly should, if possible, be avoided. Similarly, the expression "is that a fact that" though perhaps technically in order, rarely serves any useful purpose, and may be avoided by other more straightforward advices. Questions without notice should be of an urgent nature and important character. If they are not in this category notice of the question should be given by placing it on the Questions and Answers paper. This particularly applies to questions which are long or involved or obviously require research, or may be |