| Related Orders, Precedents and Rulings |
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| 2013 Precedent | 1. During Question Time the Premier obtained the leave of the House to permit him to table two letters whilst providing an answer. PD 21/2/2013, 17852; VP 21/2/2013, 1439 2. The Premier obtained leave of the House to give government business notices of motions outside the routine of business. VP 26/2/2013, 1444; 3. A member obtained leave of the House to make an additional contribution to a debate on a general notice. VP 28/2/2013, 1458; PD 14/3/2013, 18669; VP 14/3/2013, 1488; VP 21/3/2013, 1517 (2); VP 26/3/2013, 1539 (2) 4. During Question Time the Premier obtained the leave of the House to permit him to table the terms of reference of an upcoming review whilst providing an answer. PD 28/2/2013, 18279; VP 28/2/2013, 1461 5. The Speaker obtained the leave of the House for existing general business orders of the day (for bills) already standing on the Business Paper to lapse 12 months from the date notice was given, rather than 6 months, following the introduction of new sessional orders. VP 12/3/2013, 1474 6. During the consideration of a bill in detail, the Assistant Speaker obtained leave of the House to consider the bill in groups of clauses and schedules. VP 12/3/2013, 1476 7. During the take note debate of a committee report, a member obtained leave of the House for an extension of time. VP 14/3/2013, 1491 8. The Attorney General obtained leave of the House to give a government business notice of motion outside the routine of business. VP 19/3/2013, 1499; VP 21/3/2013, 1519 9. A member obtained leave of the House to make an additional contribution to a debate on the matter of public importance. VP 19/3/2013, 1504; VP 20/3/2013, 1511; VP 26/3/2013, 1535 10. A member obtained leave of the House to make an additional contribution to a discussion of a petition signed by 10,000 or more persons. VP 21/3/2013, 1520; VP 27/3/2013 1544 11. A member obtained leave to make an additional private member's statement. VP 27/3/2013, 1544 |
| Notes for the Chair | LEAVE OF THE HOUSE
The consent of the House is required to do something that is different to that provided for in the standing and sessional orders. The Chair asks "Is leave granted?" and if any Member objects, leave is automatically refused. No debate or amendment is permitted when the leave of the House is sought. There are specific Standing Orders that require a Member to seek the leave of the House for certain matters. For example, under Standing Order 365 a Member, other than a Minister, must seek the leave of the House to move a motion to suspend standing and sessional orders. Other matters for which leave must be sought include: To enable a Minister or Chair of a committee to table a paper outside the period specified in the routine of business; To enable additional speakers in a debate; To enable a Member to give a notice of motion outside the time for giving notices; and
To permit a committee of the Legislative Assembly to confer with a committee of the Legislative Council; To correct a vote or proceeding of the House that contains irregularities or mistakes; To enable a Minister to make a Ministerial Statement outside the time provided in the routine of business; To withdraw a motion of no confidence in the Government, a Minister or the Speaker; To permit Private Members' Statements to be given between items of business; To enable the doors to be locked and the vote taken on a second division after limited or no intervening debate after an earlier division; To withdraw an amendment that has been moved; and
To withdraw a motion after the question has been proposed. |
| 2012 Precedent | 1. Motion moved by leave to repeal certain sessional orders and to adopt certain new sessional orders. PD 14/2/2012, 8111; VP 14/2/2012, 514 2. Member, by leave, spoke on the matter of public importance, in addition to the number of speakers allowed under the sessional order. PD 14/2/2012, 8146; VP 14/2/2012, 527; VP 7/3/2012, 593 3. A member, by leave, concluded their agreement in principle speech after the time for introducing private members' bills had expired. PD 16/2/2012, 8419; VP 16/2/2012, 538 4. The Minister for Education provided a supplementary answer in response to a question asked that day and tabled an email regarding the subject matter of the question by leave. PD 16/2/2012, 8456; VP 16/2/2012, 543 5. Motion moved by leave, That this House authorises the Speaker to: (1) Identify those general business notices of motions (general notices), currently on the Business Paper, which could be dealt with as a general business (community recognition notice). (2) Consult with members as to whether they want their identified notices of motions to be considered as a general business (community recognition notice). (3) Arrange, with the member's consent, for the notice of motion to be reclassified as a general business (community recognition notice) and listed in the Business Paper accordingly. PD 21/2/2012, 8569-70; VP 21/2/2012, 551 5. Leave of the House obtained to allow the question to be put forthwith "That the House take note of the Report" of the Standing Orders and Procedure Committee, without debate. PD 23/2/2012, 8867 6. A member, by leave, made a private member's statement after the time for giving private members' statements had expired. VP 27/3/2012 7. The Speaker informed the House that in accordance with the resolution of 21 February 2012, a number of general business notices of motions had been reclassified as community recognition notices. The Speaker obtained the leave of the House for consideration of community recognition notices forthwith. VP 27/3/2012, 655; PD 27/3/2012, 9877 8. The Leade |
| 2011 Precedent | 1. Leave of the House was obtained for private members' statements to be taken forthwith until 6.00 pm. VP 3/5/2011, 44 2. Leave of the House was obtained to permit the introduction without notice and passage through all remaining stages at this sitting of a bill. VP 5/5/2011, 60 3. Leave of the House obtained for the Attorney General to table a number of papers regarding the conduct of a magistrate outside the routine of business. PD 2/06/2011, 2119 4. Leave of the House obtained for a Minister to make a ministerial statement outside the routine of business. PD 2/06/2011, 2119; PD 23/06/2011, 3328; VP 7/09/2011, 324 5. During the Minister's agreement in principle speech leave of the House was obtained to table a number of documents (policy statements). PD 16/06/2011, 2593, 2594 & 2596. 6. Leave of the House obtained for a member to move a general business notice of motion (general notice) which had lapsed because he had not been in the House when it was called on. PD 23/06/2011, 3289 7. Leave of the House obtained for the Attorney General to move the following motion: That, pursuant to clause 4 of Schedule 2A of the Judicial Officers Act 1986: (1) This House nominates Ken Moroney AO APM and Rosemary Sinclair AO as community representatives for appointment to a panel of the Conduct Division of the Judicial Commission of New South Wales. (2) A message be sent requesting the Legislative Council's concurrence in the nominations. Motion agreed to. VP 2/08/2011, 237 8. Leave of the House obtained for a member to speak on the motion accorded priority in addition to the allocated number of speakers. PD 9/8/2011, 4001 9. Leave of the House obtained for the House to sit beyond 4.30 pm (on the last sitting day of the week) to permit the taking of up to six additional private members' statements. VP 5/08/2011, 256 10. A number of Ministers tabled certain papers outside the time provided in the routine of business with the leave of the House. VP 26/08/2011, 310 11. Motion agreed to by leave for the printing of a number of d |
| 2010 Precedent | 1. Leave of the House was obtained to permit: (1) Two additional Government members and two additional Opposition members to speak to the motion accorded priority; and
(2) The conclusion of consideration of the motion accorded priority prior to the commencement of government business. VP 9/3/2010, 1874 2. During debate on a general business motion a point of order was taken that the Leader of The Nationals had sought to move an amendment during his reply speech, and that the amendment could only be moved with the leave of the House. The Assistant Speaker upheld the point of order and advised the Leader of The Nationals that he would have to seek leave to amend the motion. The Leader of The Nationals sought leave to move the amendment, which was not granted. PD 11/3/2010, 21329 3. Leave of the House was granted for the giving of multiple personal explanations in relation to a remark directed to all members on one side of the House. VP 11/3/2010, 1898-1899 4. During debate on a general business motion a member obtained the leave of the House to permit him to conclude his speech prior to the commencement of government business. PD 12/3/2010, 21382 5. During Question Time a Minister obtained the leave of the House to permit him to table two letters whilst providing an answer. PD 18/5/2010, 22863; VP 18/5/2010, 2038 6. At the conclusion of an agreement in principle speech on a bill a Minister, by leave, tabled a legal opinion on the effects of the bill. VP 3/6/2010, 2110 7. The Acting Speaker obtained the leave 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 8. Leave of the House was obtained for three government business orders of the day, in relation to Legislative Council amendments to bills, to be considered as one order of the day. VP 4/6/2010, 2122 9. During an agreement in principle speech on a bill a Minister, by leave, tabled three pieces of advice in relation to the bill. VP 9/6/2010, 2137 10. Immediately following Question Time a Minist |
| 2009 Precedent | 1. 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 2. After leave was not granted, standing and sessional orders were suspended to permit the giving of notices of motions by two Ministers outside the routine of business. VP 5/5/2009, 1307 3. A member, by leave, made a personal explanation in relation to comments made by a Minister during Question Time. The member sought leave to move a motion to suspend standing orders to permit the tabling of a document forthwith in relation to the personal explanation. Leave was not granted and the member instead read aloud the relevant text from the document. PD 18/6/2009, 16361; VP 18/6/2009, 1455 4. The Leader of The Opposition sought leave to suspend standing and sessional orders to permit the consideration forthwith of a motion in support of the New South Wales State of Origin Rugby League team. Leave was not granted. PD 24/6/2009, 16775; VP 24/6/2009, 1480 5. A member was granted leave to speak to a committee report after debate had concluded and the question "That the House take note of the report " had been put and passed. VP 25/9/2009, 1620 |
| S.O. 109 of 1994 (Repealed) | 109. When the leave of the House or of a Committee of the Whole is required it must be granted without dissent. A request for leave shall not be debated. |
| 1991 Precedent | 1. Motion agreed to, by leave, that for the purposes of the day's sitting the Leader of the House be permitted to move motions relating to the procedures of the House with the leave of the member for Ashfield (Manager of Opposition Business) only being required. Speaker cautioned members that the above formula was not a wise one and in the future the Chair will be reluctant to entertain such procedures. PD 12/12/91, 6627
VP 12/12/91, 487 |