S.O.115 Motions of censure of Speaker

Censure of Speaker

115. The procedure for a motion of censure of the Speaker is as follows:
      1. A notice of motion must be given at the time for giving notices for business with precedence.
      2. The notice shall be called on the same sitting day at which the notice was given at the time set aside for business with precedence.
      3. If the motion is adjourned or interrupted it will be set down as an order of the day and considered the next day that business with precedence is considered.
      4. Debate will be as follows:
        • Mover - 15 minutes
        • Member leading debate in opposition to the motion - 15 minutes
        • Four other Members - 5 minutes
        • Response by Member leading the debate in opposition to the motion - 10 minutes
        • Mover in reply - 10 minutes
      5. The following motions cannot be moved:
        • That the Member be now heard.
        • That the Member be not further heard.
        • That the question be not now put (previous question).
      6. The motion “That the question be now put” (closure) cannot be moved until at least 4 members (inclusive of the mover and Member leading the debate in opposition to the motion) have spoken on the original question before the House. The effect of the closure being agreed to does not preclude the response of the Member leading the debate in opposition to the motion.

amended 3 July 2009
Related Orders, Precedents and Rulings
2012 PrecedentMotion moved and negatived That this House censures the Premier, and Minister for Western Sydney, for misleading the Parliament and the people of New South Wales about his knowledge of, and involvement in, The Star casino affair. PD 3/4/2012, 10536-42, VP 3/4/2012, 707
2009 Precedent1. The Deputy Leader of The Nationals sought leave to suspend standing and sessional orders to enable the moving forthwith of a motion of censure of a member. Leave was not granted. VP 11/3/2009, 1204
2007 Precedent1. A motion was agreed to that the House: (1) Deplores the conduct of the member for Epping in his dealings with Dr Patrick Power regarding child pornographic material found on Dr Power's computer; and (2) Censures the member for Epping for misuse of his position as a member of the Legislative Assembly by misleading the House and breaching the code of conduct in its requirements for honesty and integrity during his personal explanation on 10 May 2007 in relation to events that took place surrounding the discovery of child pornographic material found on Dr Power's computer. PD 29/5/2007, 330-340; VP 29/5/2007, 65-6 2. The Leader of the Opposition moved, pursuant to notice: That this House censures the Minister for Health for her incompetence in dealing with her portfolio responsibilities, her mismanagement of the health system and in particular: (1) Her refusal to acknowledge the extent of systemic problems at Royal North Shore Hospital; (2) Her failure to address problems raised by doctors, nurses and patients, including claims the hospital is overcrowded, under-resourced, has too few clinicians but too many bureaucrats, staff work within a culture of bullying and it is poorly managed; (3) Her attempts to stop the headlines by setting up reviews and committees that medical staff have dismissed as ineffectual, and (4) Her failure to provide answers to inappropriate patient treatment at hospitals throughout New South Wales. Debate ensued and the motion was negatived on division. PD 18/10/2007, 2935-2948; VP 18/10/2007, 301-302
Notes for the ChairMover 15 minutes Member named 15 minutes Four other Members 5 minutes Response by Member 10 minutes Reply 10 minutes
S.O. 124A of 1994 (Repealed)124A. The procedure for a motion of censure of the Speaker is as follows: (1) A notice must be given. (2) Such notice shall take the place of and be called upon at the time for consideration of Matters of Public Importance at that sitting. (3) Debate will be as follows: (a) Mover - 15 minutes (b) Member leading the debate in opposition to the motion - 15 minutes (c) Four other Members - 10 minutes (d) Response by Member leading the debate in opposition to the motion - 10 minutes (e) Mover in reply - 10 minutes (4) The following motions cannot be moved: That the Member be now heard. That the Member be not further heard. That the question be now put (closure). That that question be now put (previous question). [Approved, 14 October 1996]
2000 Precedent1. Member moved, pursuant to notice, That this House censures the Speaker for his display of bias in: (1) Adopting the practice of prejudging the subject of a point of order contrary to Standing Order 105(2); (2) Failing to uphold the right of a member, under Standing Order 104, to take a point of order; (3) Failing to assert the Chair’s authority, under Standing Order 105, by not requiring the Premier’s concurrence with that standing order; (4) Deliberately provoking the circumstances under which he then used Standing Order 288 against the Member for Coffs Harbour; and (5) Ignoring a Member rising on a point of order until the Premier had finished his answer. Debate ensued. Motion negatived, on division. VP 10/08/00, 713 VP 15/08/00, 721 2. Member moved, pursuant to notice, That this House censures the Speaker for his failure to stand down while police inquiries into allegations that he sought to intimidate a complainant in a sexual assault case are continuing. Debate ensued. Motion negatived, on division. VP 01/11/00, 831
1996 Precedent1. Motion of censure moved on notice on Speaker for his handling of the House on 22/5/96. Amendment censuring Premier and calling on Speaker to be even handed, negatived on division. Original motion negatived. VP 23/5/96, 175-177, PD 23/5/96, 1502ff 2. New standing order agreed to. VP 25/9/96, 442, PD 25/9/96, 4624.


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