| Related Orders, Precedents and Rulings |
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| 2013 Precedent | 1. Following a point of order, the Speaker asked a Minister to return to the subject of the question, but noted that she had no power to direct the Minister to do so. PD 19/2/2013, 17573 2. During Question Time, the Speaker upheld a point of order and asked the Premier to return to the leave of the question. PD 20/2/2013, 17706; PD 21/2/2013, 17851; 3. During Question Time, following a point of order, the Speaker directed a Minister to return to the leave of the question. PD 20/2/2013, 17715; PD 21/2/2013, 17860; PD 27/2/2013, 18108; PD 27/2/2013, 18110; PD 26/3/2013, 19389 4. During Question Time, the Speaker upheld a point of order, asked and then insisted that the Treasurer return to the leave of the question. PD 12/3/2013, 18390 5. During Question Time, the Speaker upheld a point of order that the Minister was not being relevant to the question asked. PD 19/3/2013, 18809 |
| 2012 Precedent | 1. The Premier was directed to return to the leave of the question. PD 14/2/2012, 8099; PD 21/2/2012, 8559; PD 23/2/2012, 8880; PD 14/3/2012, 9599; PD 27/3/2012, 9865 & 9870; PD 4/4/2012, 10679; PD 4/4/2012, 10683; PD 14/8/2012, 13659-65; 16/8/2012, 13970 2. Following a point of order a Minister was directed to return to the leave of the question. PD 22/2/2012, 8727; PD 28/3/2012, 10063; PD 28/3/2012, 10069; PD 4/4/2012, 10681 & 10682; PD 1/5/2012, 10803; PD 3/5/2012, 11120; PD 3/5/2012, 11126; PD 23/5/2012, 11842; PD 23/5/2012, 11846; PD 24/5/2012, 12003; PD 24/5/2012, 12005; PD 6/09/2012, 14793; PD 12/9/2012, 15056; PD 20/9/2012, 15570; PD 16/10/2012, 15692; PD 17/10/2012, 15876; PD 24/10/2012, 16395; PD 22/11/2012, 17451 3. The Speaker ordered a Minister to return to the leave of the question. PD 6/3/2012, 8985; PD 8/3/2012, 9317; PD 15/3/2012, 9763; PD 29/3/2012, 10217; PD 29/3/2012, 10226; PD 4/4/2012, 10686; PD 2/5/2012, 10967; PD 3/5/2012, 11125; PD 3/5/2012, 11129; PD 23/5/2012, 11845; PD 23/5/2012, 11847; PD 14/11/2012, 16848 4. The Speaker cannot direct the Premier how to answer the question. PD 14/3/2012, 9599 5. A point of order regarding the relevancy of answer as the Minister was impugning the reputations of other members and former members, the Speaker ruled that the Minister was being relevant but warned the Minister not to impute improper motives to former or current members of the House. PD 28/3/2012, 10067 6. Following a point of order about the relevancy of an answer the Speaker advised that she could not direct the Minister how to answer a question and could merely ask the Minister to ensure the answer is relevant. PD 8/5/2012, 11222 7. Following a point of order about the relevancy of an answer the Speaker ruled that that standing orders do not allow the Speaker to direct him to answer it specifically. PD 22/5/2012, 11667 8. Following a point of order about the relevancy of an answer the Speaker directed a Minister to return to the leave of the question or curtail the length of his answer. |
| 2011 Precedent | 1. Following a point of order about the relevancy of an answer, the Speaker advised that Ministers are permitted to make relevant introductory remarks. PD 1/06/2011, 1679; PD 17/06/2011, 2701; PD 11/8/2011, 4291 2. Following a number of points of order about the relevancy of an answer, the Speaker warned the Minister that she would sit them down if they did not return to the leave of the question. PD 23/06/2011, 3315 3. The Speaker directed a Minister to return to the leave of the question. PD 4/08/2011, 3678; PD 4/08/2011, 3680; PD 8/08/2011, 3849; PD 9/8/2011, 3990; PD 23/8/2011, 4422; PD 8/9/2011, 5255; 14/9/2011, 5672; PD 12/10/2011, 6070; PD 12/10/2011, 6071-2; PD 12/10/2011, 6073; PD 17/10/2011, 6396; PD 18/10/2011, 6566; PD 20/10/2011, 6888; PD 20/10/2011, 6894; PD 20/10/2011, 6896; PD 8/11/2011, 7037; PD 9/11/2011, 7209; PD 23/11/2011, 7742; PD 25/11/2011, 7996; PD 25/11/2011, 8000; PD 25/11/2011, 8002 4. The Speaker directed a Minister to return to the leave of the question following a point of answer about the relevancy of the answer. PD 8/08/2011, 3848; PD 9/08/2011, 3987; PD 24/8/2011, 4582; PD 25/8/2011, 4743; PD 8/9/2011, 5249 (2); PD 8/9/2011, 5253; PD 13/9/2011, 5520; PD 15/9/2011, 5818 (2); PD 13/10/2011, 6227; PD 14/10/2011, 6358; PD 18/10/2011, 6560; PD 19/10/2011, 6751; PD 20/10/2011, 6897; PD 8/11/2011, 7035; PD 11/11/2011, 7469; PD 24/11/2011, 7909; PD 25/11/2011, 8001 5. Following a point of order about the relevancy of an answer, the Speaker noted that she cannot direct the Minister to specifically answer the question. PD 12/9/2011, PD 5421 (2) 6. The Speaker directed a Minister not to respond to interjections and return to the leave of the question. PD 13/10/2011, 6227 7. Point of order upheld that the Minister was not providing a relevant answer to the question asked and the Minister was directed to return to the question. PD 23/11/2011, 7740 |
| 2010 Precedent | 1. During Question Time the Speaker upheld a point of order in relation to the relevancy of a Minister's answer and directed the Minister's attention to the question before the House. PD 20/5/2010, 23233; PD 22/6/2010, 24474; PD 21/10/2010, 26593 2. On two occasions during a Minister's answer to a question the Speaker reminded him of the question before the House after points of order had been taken. PD 28/10/2010, 27156 |
| 2009 Precedent | 1. During Question Time a point of order was taken about the relevancy of the Deputy Premier's answer to a question. The Speaker reminded the Deputy Premier of the question before the House. PD 5/3/2009, 13076 2. During Question Time a point of order was taken about the relevancy of the Premier's answer to a question. The Speaker drew the Premier's attention to the question that was asked. PD 12/3/2009, 13429 3. During Question Time a point of order was taken that a Minister had referred to Opposition policies in the course of an answer when no reference to "alternative policies" had been made in the question. The Speaker made reference to a previous ruling and stated that Ministers were entitled to comment on alternative policies. PD 12/3/2009, 13436 4. During Question Time the Speaker upheld a point of order in relation to the relevancy of a Minister's answer to a question and directed the Minister to respond to the question asked. PD 3/6/2009, 15689; PD 10/11/2009, 19183; PD 25/11/2009, 19908 5. During Question Time the Speaker upheld a point of order in relation to the relevancy of the Premier's answer to a question and asked the Premier to conclude her response. PD 22/4/2010, 22191 |
| 2008 Cons. Ruling | SPEAKER TORBAY: I refer to the matters of privilege raised by the member for Willoughby and the member for Burrinjuck earlier today in relation to answers provided by Ministers to written questions. The only standing orders that relate to answers to questions are Standing Order 129, which provides that an answer must be relevant, and Standing Order 130, which provides that in answering a member shall not debate the matter to which the question relates. There are no special rules for answers to written questions, as distinct from answers provided in the House. The Speaker has no power to direct a Minister how to answer a question. While members may be of the view that it is disrespectful for a Minister to answer a question by referring the member to a response provided to a member in the other House, it is not a breach of the standing orders or a matter of privilege. In addition, it is not a breach of the standing orders or a matter of privilege if a member is not satisfied with the answer to a question. However, I remind Ministers that they should respect the right of members to ask questions both in the House and in writing and endeavour to provide adequate answers. PD 18/6/2008, 8751, 8760; VP 18/6/2008, 781, 783 |
| 2008 Precedent | 1. During Question Time a point of order was taken about the relevancy of a Minister's answer to a question. The Speaker upheld the point of order and directed the Minister to return to the leave of the question, to direct his comments through the Chair and to refer to members by their correct titles. PD 5/3/2008, 5916 2. During Question Time a point of order was taken about the relevancy of the Premier's answer to a question. The Speaker directed the Premier to stay within the leave of the question. PD 1/4/2008, 6170; PD 3/4/2008, 6431; PD 11/11/2008, 11102; PD 12/11/2008, 11276 3. During Question Time a point of order was taken about the relevancy of a Minister's answer to a question. The Speaker directed the Minister to confine his remarks to the leave of the question. PD 9/4/2008, 6703; PD 25/11/2008, 11666 4. During Question Time the Speaker upheld a point of order about the relevancy of a Minister's answer and ordered the Minister to address the leave of the question. PD 6/5/2008, 7000; PD 13/5/2008, 7432; PD 13/5/2008, 7433; PD 13/5/2008, 7435; PD 15/5/2008, 7733; PD 28/8/2008, 9628; PD 29/8/2008, 9702; PD 28/10/2008, 10675; PD 30/10/2008, 10958 5. During Question Time a point of order was raised that the Minister was not providing an answer relevant to the question. The Speaker did not uphold the point of order noting that the Minister was reading from a notice of motion given in the Legislative Council that was relevant to the question but reminded the Minister not to debate the question. PD 8/5/2008, 7279 6. During Question Time a point of order was raised that the Minister was attacking another member in response to the question and should be brought back to the leave of the question. The Speaker reminded the Minister that the answer must be relevant to the question. PD 19/6/2008, 8914 7. During Question Time the Speaker drew the attention of the Minister to the question before the House following a point of order about the relevancy of the answer. PD 28/8/2008, 9626 8. During Question Time successive |
| 2007 Precedent | 1. A point of order was taken about the relevancy of a Minister's answer to a question. The Speaker did not rule on the point of order but noted that from his perspective the concept of "related matters" has to relate to the question. PD 9/5/2007, 111-112 2. A point of order was taken about the relevancy of a Minister's answer to a question. The Speaker did not rule on the point of order and reminded all members that the standing orders provide that an answer must be relevant to the question but that the Speaker cannot direct a Minister how to answer a question. PD 29/5/2007, 322 3. A point of order was taken about the relevancy of a Minister's answer to a question. The Speaker did not rule on the point of order, but reminded the Minister that answers must be relevant to the questions asked and that she must comply with standing orders. PD 7/6/2007, 1055-1056 4. A point of order was taken about the relevancy of the Deputy Premier's answer to a question. The Leader of the House drew the Speaker's attention to the fact that the member raising the point of order referred to the Deputy Premier in a derogatory manner on two occasions. The Speaker stated that members should not undermine their own points of order with improper behaviour and then directed the Deputy Premier to ensure that the remainder of his answer was relevant to the question asked. The Deputy Premier continued speaking and a second point of order was raised about the relevancy of his answer. The Speaker advised the Deputy Premier that there was a limit to the background information that could be canvassed in reply to a question and then gave him the call. PD 19/6/2007, 1202 5. A point of order was taken about the relevancy of the Premier's answer to a question. The Speaker did not rule on the point of order, but suggested that members who ask wide-ranging questions might expect wide-ranging answers. PD 20/6/2007, 1381 6. A point of order was taken about the relevancy of a Minister's answer to a question. The Speaker stated that while the answer, to |
| S.O. 138 of 1994 (Repealed) | 138. An answer shall be relevant to the question asked. |
| 2006 Precedent | 1. During questions without notice the Speaker upheld a point of order that the Premier's answer was not relevant to the question. PD 05/04/2006, p 22138 2. During questions without notice a point of order was raised that the answer being provided was not relevant to the question. The Speaker noted that the question was wide-ranging and enabled the Premier to provide an answer on a wide range of matters in the budget. PD 07/06/2006, p 814 3. During questions without notice a point of order was raised that the Minister's answer was not relevant to the question asked. The Speaker drew the Minister's attention to the relevance of his answer but noted that his answer contained several issues related to his portfolio responsibilities. PD 05/09/2006, p 1388 4. During questions without notice a point of order was raised that the Minister was no longer answering the question but was introducing a new subject. The Speaker drew the Minister's attention to the precise wording of the question and the need to respond to it. PD 21/09/2006, 2121 5. Following a point of order the Speaker directed a Minister to return to the question. PD 26/09/2006, p 2236
PD 26/09/2006, p 2239 6. Following a point of order the Speaker ordered a Minister to return to the leave of the question. PD 19/10/2006, p 3083 |
| 2005 Precedent | 1. During questions without notice the Speaker warned the House that he would not entertain a point of order merely because a member disagrees with what the Premier or a Minister says during question time. The Speaker noted that if a member disagrees with what is said that they have an opportunity to raise the matter at the appropriate time. PD 22/09/2005, p 18214 2. During questions without notice the Speaker reminded members that on a number of recent occasions he had pointed out to members that question time is not a time for debate after the Leader of the Opposition rose on a point of order that the Premier was not telling the truth. He warned members that if they did not like the responses provided to them by Ministers they should not question the relevance or accuracy of what has been said under the guise of taking points of order. The Deputy Leader of the Opposition claimed that the Speaker was ruling in favour of lying to the House, whereupon the Speaker placed him on two calls to order and noted that the Chair is not in a position to make a judgement about the accuracy of the facts and details provided. A further point of order was raised that the Speaker was in breach of standing order 104 by refusing to hear a point of order. The Speaker advised the member that the standing order relates to a breach of the standing orders or the practice of the House, not to the accuracy or otherwise of what is said in the House. He also warned members that they should not misconstrue the standing orders to make political points. PD 22/09/2005, p 18215 3. During questions without notice the Leader of the Opposition interrupted the Premier's answer under the guise of a point of order on relevance. The Speaker ordered the Leader of the Opposition to resume his seat. Following persistent interruptions by the Leader of the Opposition the Speaker placed him on two calls to order. PD 12/10/2005, p 18477 4. During questions without notice a point of order was raised that the Minister in answering a question was straying from |
| 2004 Precedent | 1. During questions without notice, a point of order was raised that the Premier was not providing a relevant answer to the question asked. The Speaker did not uphold the point of order. A supplementary question was asked and when there were attempts to raise further points of order about relevance the Speaker noted that the Chair has no discretion to direct the Premier or any Minister how to answer a question. PD 18/02/2004, pp 6249 - 6250 2. During questions without notice, a point of order was raised that the Minister was not providing a relevant answer to the question asked. The Speaker did not uphold the point of order stating that a point of order should not be taken merely because the member did not like the Minister's answer. PD 18/02/2004, p 6255 3. During questions without notice, a point of order was raised that the Premier was not providing an answer to the question asked. The Speaker did not uphold the point of order and ordered the Leader of the Opposition, who had raised the point of order, to resume his seat following an interjection. PD 24/02/2004, p 6422 4. A point of order was raised that a Minister was not providing a relevant answer to the question asked upon which the Speaker ordered the member who raised to point of order to be seated. When the member failed to do so the Speaker placed the member on three calls to order for not heeding the ruling of the Chair. PD 24/02/2004, p 6428 5. During questions without notice a point of order was raised that the Premier was not providing a relevant answer to a question asked. The Speaker did not uphold the point of order and noted that the question related to police numbers which was what the Premier was dealing with. When a further point of order was raised on the same issue the Speaker ordered the member who had raised the point of order to resume his seat. PD 25/02/2004, pp 6579 - 6580 6. During questions without notice, the Deputy Leader of the Opposition raised a point of order that the Speaker was not upholding the standing orders by allowing |
| 2003 Precedent | 1. Point of order taken that the standing orders relating to questions seeking information provide that an answer must be relevant to the question asked. The Speaker ordered the member to resume his seat and reminded him he was on three calls to order because he had taken a frivolous point of order. Another member of the Opposition rose on a point of order arguing that standing order 138 states that an answer must be relevant to the question asked and that the Speaker must uphold it. The Speaker responded by noting that the standing order still applies provided a point of order has substance and that the Premier was answering the question asked so there was no substance in the point of order. PD 19/06/2003, 1752 2. During questions without notice the Leader of the Opposition raised a point of order that the Premier was not answering the question that had been asked of him. The Speaker did not uphold the point of order noting that "time and again the Leader of the Opposition has used the tactic of interrupting the Premier for the purpose of restating his question." The Speaker warned the Leader of the Opposition that taking such points of order was a deliberate attempt to disrupt the House and that was grossly disorderly. PD 25/06/2003, 2121 3. During questions without notice a point of order was raised that the Premier was not answering the question asked. The Acting Speaker advised the member that he had no power to direct the Premier how to answer the question. PD 02/07/2003, 2646 4. During question time the Leader of the Opposition raised a point of order that the Chair of the Standing Committee on Natural Resource Management was not answering the question asked. The Speaker did not uphold the point of order and reminded the Leader of the Opposition that the Chair had no authority to direct a Minister or member how to answer a question. PD 18/09/2003, 3610 5. 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 t |
| 2001 Precedent | 1. Point of order taken that Minister's answer to a question without notice was irrelevant. The Speaker noted that the Member seemed indignant that he would not force the Minister to answer in a certain way. He ruled that Minister could answer the question in any way that he chose and invited the Member to discuss his ruling in his office after Question Time. PD 8/3/01, 12484 2. Point of order upheld about the excessive length of Minister's answer. Minister ordered to conclude his answer. PD 28/3/01, 12780 3. Point of order upheld that Minister had been speaking for 12 minutes, was speaking on a subject which was totally irrelevant to the question, and was deliberately trying to spin out the time. The Minister was ordered to resume his seat. PD 6/9/01, 16517 4. Point of order upheld. The Speaker ordered the Premier to provide an answer to the question. 8/11/01, 18287 |
| 2000 Precedent | 1. The Speaker noted that a Minister had made a point about a motion of no confidence and asked him to return to the substance of his answer. PD 07/06/00, 6762 2. A point of order being taken that the answer being given by a Minister was totally irrelevant, the Speaker upheld the point of order and asked that the Minister return to the substance of his answer. PD 31/10/00, 9355 |
| 1999 Precedent | 1. The Speaker stated that he always extends a degree of latitude to Ministers when they commence to answer questions. PD 02/06/99, 818 |
| 1998 Precedent | 1. It is for the Chair to rule whether the answer is relevant. PD 2/4/98, 3663 2. In response to complaints that the Premier was reading information already available to the House, the Speaker noted that the Chair has no control over the way in which Ministers answer questions. PD 27/05/98, 5295 3. Ministers are entitled to respond to interjections. PD 28/10/98, 9201 |
| 1996 Precedent | 1. Speaker stated that he had no power to direct a Minister how to answer a question. PD 1/5/96, 652. |
| 1994 Precedent | 1. Minister directed to return to the relevance of the question or resume his seat. PD 2/3/94, 70 2. The Speaker drew the attention of the Minister to the nature of the question and asked him to make sure that his remarks were relevant. PD 3/3/94, 197 3. Speaker noted that the Minister was probably drifting a little in his answer and asked him to return to address the subject matter of the question asked of him. PD 8/3/94, 300 4. Point of order not upheld. Speaker directed that the Leader of the Opposition was not entitled to debate the subject of a point of order. He noted that the Speaker was not vested with authority to determine how a Minister should answer a question. He could do so in whatever way he chose. PD 8/3/94, 302 5. Minister ordered to address his remarks through the Chair and return to the subject matter of the question. PD 9/3/94, 405 6. Speaker acknowledged that Minister was making a passing reference in response to an interjection but ordered him to provide the necessary linkage between his remarks and the question, or return to the subject matter. PD 10/3/94, 549 7. Point of order taken that answer must be relevant to the question asked. Speaker ruled that there was no doubt that the Minister's comments were relevant to the subject matter of the question. Whether the facts given satisfied the question was a matter long debated in the Chamber, but the Minister may answer the question as he saw fit. PD 14/4/94, 1213 8. Minister directed to return to the question. Speaker noted that the first part of his answer seemed to be a dissection of the nature of the body mentioned in the question, but subsequent to that he strayed from the subject matter. PD 3/5/94, 1742 9. Speaker ruled that the Premier may answer a question without notice as he saw fit. PD 3/5/94, 1744 10. Minister directed to return to the subject of the question. PD 11/5/94, 2281, 2285 11. Point of order taken that Minister had clearly finished the substance of his answer and was engaging in tedious repetition in an endeavour to use |
| 1993 Precedent | 1. Point of order taken, requesting that Minister answer a question without notice. Speaker ruled that it had long been a tradition of the Chamber that in answering questions Ministers may reply to interjections. Therefore it was in the interest of the Opposition not to interject if it did not wish Ministers to stray from matters relevant to the question asked. However, by the same token it was incumbent upon a Minister to make answers reasonably relevant. The asking of a question did not necessarily give a Minister latitude to perambulate the whole history of his department or deal with matters that may be considered remote to the question asked. He asked the Minister to bear that in mind and ensure that his answer was relevant to the question asked. PD 3/3/93, 248 2. Point of order taken that the Premier had made no attempt to answer a question. Speaker ruled that the Premier had considerable latitude in answering questions, provided his remarks were relevant to the question asked. He was sure that the matters the Premier was referring to, which involved many considerations for New South Wales, were pertinent to the question. PD 11/3/93, 691 3. Point of order taken that Government instructions that Ministers continue to speak made question time an absolute joke. Speaker stated that there was a long tradition in the House of such goings on, although he personally deplored them. He ruled that in the interests of question time, the Minister should expedite his answer. PD 31/3/93, 1037 4. Member rose on a matter of privilege, drawing the attention of the House to the incomplete and incorrect answer given by a Minister to a question in the Questions and Answers paper. Speaker ruled that the member appeared to be endeavouring to debate the substance of whether a question was answered correctly. There were other procedures by which he could do this. It was scarcely a matter of privilege. The member then gave a notice of motion concerning to the failure of the Minister to answer the question. PD 31/3/93, 1038 5. Poin |
| 1992 Precedent | 1. Minister firmly directed by Speaker to answer the question. PD 29/4/92, 3006-7
PD 27/10/92, 7940 2. Point of Order taken that Minister was trivialising question time. Speaker replied that if the Chair took action against all members who could be said to be trivialising question time, perhaps no one would be left in the House. He did, however, direct the Minister to answer the question. PD 8/5/92, 4091 3. In response to a point of order, Speaker stated that he could not dictate how a Minister answered a question, so long as his response was not completely unrelated to the subject matter of the question. PD 17/9/92, 5997 4. Point of order upheld that the Premier was straying from the essence of a question. Speaker asked him to either answer the question or resume his seat. Further point of order taken that the Premier was disregarding Speaker's ruling, to which Speaker ordered the Premier to resume his seat. PD 23/9/92, 6305 5. Point of order taken that Premier was making no attempt whatsoever to answer a question, to which Speaker replied that the Chair cannot control the Premier's answer and the Premier may answer as he sees fit. PD 27/10/92, 7931 6. Point of order taken that Minister was making a ministerial statement about a forthcoming report during Question Time. Speaker replied that there was little substance to the point of order. Many references had been made by Speakers in the past to the fact that there was nothing to stop a Minister, when replying to a matter, mentioning the fact that a report would be tabled later. PD 17/11/92, 8982 |