| Related Orders, Precedents and Rulings |
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| Standing Order 92 | 92. Except as provided in standing order 91 and in paragraph (5) of this standing order, a matter of privilege shall be brought before the House as follows: A Member desiring to raise a matter of privilege must inform the Speaker of the details in writing. The Speaker must consider the matter within 14 days and decide whether a motion to refer the matter to the Standing Committee on Parliamentary Privilege and Ethics (the Committee) is to take precedence under the standing orders. The Speaker must notify this decision in writing to the Member. While a matter is being considered by the Speaker, a Member must not take any action or refer to the matter in the House. If the Speaker decides that a motion for referral should take precedence, the Member may, at any time when there is no business before the House, give notice of a motion to refer the matter to the Committee. The notice must take precedence under Standing Order 118 on the next sitting day (unless the next sitting day is a Friday sitting). If the Speaker decides that the matter should not be the subject of a notice of referral, a Member is not prevented from giving a notice of motion in relation to the matter. Such notice shall not have precedence. If notice of a motion is given under paragraph (4), but the House is not expected to meet on the day following the giving of the notice or the next sitting day is a Friday sitting, with the leave of the House, the motion may be moved at a later hour of the sitting at which the notice is given. |
| Notes for the Chair | RAISING MATTERS OF PRIVILEGE NOT SUDDENLY ARISING
In accordance with Standing Order 92 Members wishing to raise matters of privilege that are not suddenly arising must inform the Speaker of the details in writing. The Speaker will then decide, within 14 days, whether a motion to refer the matter to the Standing Committee on Parliamentary Privilege and Ethics should have precedence. While the Speaker is considering the matter the Member should not take any action or refer to the matter in the House. If the Speaker decides that a motion should take precedence, the Member may give a notice of motion to refer the matter to the Committee when there is no other business before the House. The notice will have precedence on the next sitting day or with the leave of the House it may be moved at a later hour at the sitting at which the notice is given. Matters not suddenly arising Speaker: “The matter raised by the Member for … is not one that has suddenly arisen during the proceedings in the House. In accordance with Standing Order 92 the Member may put their concerns in writing to the Speaker who will consider the matter raised.” |
| 2007 Precedent | 1. The Leader of the Opposition asked the Speaker about advice he had received in relation to a possible point of privilege that was raised at the previous sitting. The Speaker read out the following advice in response to the Leader of the Opposition and for the benefit of all members of the House: "High profile and eminent people often make comments on legislation before Parliament. That is the nature of a democratic society, which enables people of all persuasions to voice their views. However, members of Parliament, as the representatives of the people, should be able to express their views and vote in any way they deem appropriate. In this regard Members should not feel intimidated by others. The House has a long history of dealing with privilege issues and one of the facets of a prima facie breach of privilege relates to the indignities offered to the character of proceedings of Parliament; assaults or insults upon members; reflections upon Members' character or conduct in Parliament; or intimidation of Members. Public debate about legislation before the Parliament does not necessarily insult the House or its Members. Comments directed at Members could be construed as reflecting on the character or conduct of Members in Parliament. However, for such comments to be a breach of privilege they must have dire consequences for Members, such as impeding Members in their duties in the House. I consider in this case that the comments made about the legislation before the House have been made as part of the of the public debate on a controversial issue and have not affected the rights of Members to express their views and vote as they deem appropriate. However, the intimidation of Members is a serious issue and people who attempt to intimidate Members to vote in a particular way in the House or to express a particular view are in contempt of the House."
PD 19/6/2007, 1198; VP 19/6/2007, 135 |
| House Forms | Matter of Privilege – not suddenly arising
(SO 92) A matter of privilege not suddenly arising is considered by the Speaker upon receipt of the details in writing. If the Speaker decides that the matter should be referred to the Standing Committee on Parliamentary Privilege and Ethics the Member may, at any time when there is no business before the House, give notice to refer the matter to the Committee. This motion takes precedence on the next sitting day. If the House is not expected to meet on the day following the giving of the notice, the motion may be moved at a later hour of the sitting at which the notice was given. Member: I move, That the following matter be referred to the Standing Committee on Parliamentary Privilege and Ethics for consideration and report: (Details of matter of privilege/ contempt) |
| 551 Sessional Order | PRIVILEGE NOT SUDDENLY ARISING
(Adopted 3 May 2011, Votes and Proceedings p. 41) That, during the current session, unless otherwise ordered, standing order 92 shall read as follows: 92. Except as provided in standing order 91 and in paragraph (5) of this standing order, a matter of privilege or contempt shall be brought before the House as follows: (1) A Member desiring to raise a matter of privilege or contempt must inform the Speaker of the details in writing. (2) The Speaker must consider the matter within 14 days and decide whether a motion to refer the matter to the Standing Committee on Parliamentary Privilege and Ethics (the Committee) is to take precedence under the standing orders. The Speaker must notify this decision in writing to the Member. (3) While a matter is being considered by the Speaker, a Member must not take any action or refer to the matter in the House. (4) If the Speaker decides that a motion for referral should take precedence, the Member may, at any time when there is no business before the House, give notice of a motion to refer the matter to the Committee. The notice must take precedence under standing order 118 on the next sitting day. (5) If the Speaker decides that the matter should not be the subject of a notice of referral, a Member is not prevented from giving a notice of motion in relation to the matter. Such notice shall not have precedence. (6) If notice of a motion is given under paragraph (4), but the House is not expected to meet on the day following the giving of the notice, with the leave of the House, the motion may be moved at a later hour of the sitting at which the notice is given. |