| Related Orders, Precedents and Rulings |
|---|
| 2011 Precedent | 1. The Speaker reminded members that they are to remain seated after the doors have been locked following a point of order that members had stood and moved places during the division. PD 4/08/2011, 3687 |
| 2011 Precedent | 1. The Speaker made the following statement in relation to the conduct of divisions: "I wish to advise the House, for the purpose of divisions, members voting for the "ayes" should be seated on the benches to the right of the Chair and around to the Library doors, with the exception of the back row of the Chamber. The Independent members and The Greens member voting for the "ayes" should be seated on the back row to the right of the Serjeant's chair and to the left of the Serjeant's chair when voting with the "noes"."
VP 4/5/2011, 51 |
| 2010 Precedent | 1. After the bells had been rung and the doors locked for a division the Speaker advised the House that a member had been delayed getting into the Chamber due to a problem with the lift. Taking into account the circumstances the Speaker ordered that the doors be unlocked and the member be allowed into the Chamber to vote. PD 2/9/2010, 25161 2. After the bells had been rung and the doors locked for a division the Speaker advised the House that a member had been delayed getting into the Chamber due to a problem with the lift. With the concurrence of the House the Speaker admitted the member into the Chamber to vote. PD 27/10/2010, 27002 3. After the bells had been rung and the doors locked for a division the Speaker ordered that the doors be unlocked to admit a member who was late getting to the Chamber due to a problem with the lifts. PD 27/10/2010, 27005 |
| 2009 Precedent | 1. During a division a member took a point of order that an Independent member had been sitting on the Opposition side of the Chamber at the point when the doors had closed and then moved across to the Government side by the time the vote was announced. The Leader of the House spoke to the point of order, stating that as the time signal was still flashing when the Independent member changed seats, the Speaker should allow the member to remain on the Government side of the Chamber for the division, which he did accordingly. PD 3/9/2009, 17291 |
| 2008 Precedent | 1. During a deferred division a member drew the attention of the Assistant Speaker to an incident whereby a Minister allegedly pushed aside a Chamber and Support Services staff member after the Chamber doors had been locked. The Assistant Speaker stated that he did not see the member enter the Chamber and that he had not as yet ordered the doors to be locked. The member suggested that the doors actually had been locked and the Assistant Speaker again stated that he had not ordered them to be locked. The Assistant Speaker then ordered the doors to be locked and the division was proceeded with. PD 28/2/2008, 5649-5650 2. After the bells had been rung for a division and the doors locked, the Deputy Speaker informed the House that some members had been delayed getting into the Chamber due to difficulties with the lifts. As a result, the Deputy Speaker proposed that, with the concurrence of the Opposition and Government Whips, the doors be opened and the bells rung again. Concurrence was given, the bells were rung for the second time and the division was proceeded with. PD 28/2/2008, 5653-5654 3. Following a division, it was brought to the Acting Speaker's attention that an Opposition member may have voted in error as he was seated on the Government side. The Acting Speaker restated the question to give the member an opportunity to change his vote. PD 23/10/2008, 10520 |
| 2007 Precedent | 1. During a division a member asked the Speaker which way members seated on the second row of the crossbench were voting. The Speaker explained that arrangements had been made by the Whips and that there was an understanding as to how the members in question were voting. PD 26/9/2007, 2376 2. During a division, immediately prior to the count, the Acting Speaker advised the House that the two back rows on the Opposition side of the Chamber were deemed to be the 'ayes' for the purpose of the in-progress division. PD 26/9/2007, 2419 |
| S.O. 190 of 1994 (Repealed) | 190. When a division has been called for: The Speaker shall order the division bells to be rung for 4 minutes. Members present shall be seated - Ayes to the right and Noes to the left of the Chair. After the time has expired the Speaker shall order the doors to be locked. The Speaker shall put the question. The Speaker shall appoint two tellers for each side. Tellers may not decline to be appointed unless excused by the Speaker
In the event of the tellers not agreeing other tellers shall be appointed until there is agreement. After counting the votes the tellers shall hand up the lists, signed by them, to the Speaker who shall declare the result of the division. No Member shall enter or leave the Chamber until after the doors are unlocked. |
| 2006 Precedent | 1. During a division a point of order was raised that a member had changed seats on two occasions during the division. The Speaker upheld the point of order and directed the member to return to the seat he was in when the doors were locked. PD 06/04/2006, p 22254 2. Following the suspension of standing and sessional orders to permit the second reading of a bill and its passage through all stages forthwith a point of order was raised that a deferred division should be conducted in accordance with the sessional orders. The Speaker noted that the division would occur after the debate on the bill as standing and sessional orders had been suspended. PD 08/06/2006, pp 930-1 |
| 2005 Precedent | During a division the Speaker ordered a member to resume his seat and reminded members that there are proper processes and procedures to be followed and that members should be seated appropriately when the doors are locked. PD 18/10/2005, pp 18743-4 |
| 2003 Precedent | 1. A member drew the Speaker's attention to the fact that after the call for the doors to be closed during a division that a number of Government members moved from one position in the Chamber to another. The Speaker noted that he had seen some members moving from the seat that is normally reserved for the Independent members and that may cause confusion as to which side of the House they are voting with. To resolve any confusion the Speaker asked that the doors be unlocked and that members be allowed another minute to find their places. The Speaker went on to add that his decision stemmed from confusion among new members regarding the somewhat peculiar seating arrangements during divisions. PD 07/05/2003, 427 - 428 2. During a division the Speaker noted that there was still some confusion about the sitting arrangements in the Chamber during division and he made it clear that when the Government is voting with the noes, members on the back bench on the left-hand side of the Chair are deemed to be voting with the noes. PD 22/05/2003, 1037 |
| 2002 Precedent | 1. The Speaker informed the House that a number of members had been delayed waiting for the lifts when the bells had been rung for a division. He ordered that the doors be unlocked to allow those members to be admitted to the Chamber to vote in the division. PD 14/3/02, 498 2. The Speaker informed the House that members were experiencing difficulties with the lifts. He ordered that the doors be unlocked to allow those members to vote in the division. PD 11/4/02, 1420 3. The Speaker called off a division following advice from the National Party Whip that members had been delayed because of difficulties with the lifts. The Speaker ordered that the doors be opened and that the bells be rung again. PD 5/6/02, 2609 |
| 2001 Precedent | (In relation to subsection 2 [When a division has been called for:] (2) Members present shall be seated - Ayes to the right and Noes to the left of the Chair): 1. Point of order taken in Committee of the Whole that a Member was on the one side of the Committee when the doors were shut and said he should be directed to return to that side for the vote. Temporary Chairman said that he did not see where the Member was at the time that the division was called for and that the division would continue. PD 28/2/01, 12035 |
| 2001 Precedent | 1. Point of order taken that there was a problem with pairing arrangements during a division. The Speaker directed that the bells for the division be rung again. PD 6/11/01, 18130 |
| 2000 Precedent | 1. A division having been called on an Opposition amendment to a motion to suspend Standing Orders, the Member calling the division sought leave of the House to delay the division in accordance with a prior agreement with the Government. After intervention from the Acting Speaker, the division was called off. PD 08/06/00, 6922-3 |
| 1999 Precedent | 1. Division, by leave, called off and motion agreed to. PD 12/05/99, 125 |
| 1998 Precedent | 1. The Leader of the House moved, That Standing and Sessional Orders be suspended to provide for the names of members voting for the "Ayes" in each of the paragraphs in the resolution to be recorded and the names of those members not voting to also be recorded. VP 04/06/98, 715 2. The Leader of the House moved, That Standing and Sessional Orders be suspended to provide that Mr Carr, Mr Knight, Mr Nagle and Mr Tripodi be deemed to have been recorded as having voted with the "Ayes" on each question in the motion for Urgent Consideration. VP 04/06/98, 717 3. The Leader of the House moved, pursuant to notice, That, during the current session, unless otherwise ordered, Standing Order 190 (1) be amended to provide that when a division has been called for, the Speaker shall order the division bells to be rung for five minutes. VP 15/09/98, 840 |
| 1997 Precedent | 1. On a point of order being taken that the Chair should not change during a division, the Speaker affirmed his right to take the Chair at any time. PD 14/10/97, 718 |
| 1996 Precedent | 1. Temporary Chairman followed previous practice and nominated members sitting in the last two rows to be voting with the noes on vote which was ayes, 13, noes, 74. PD 20/6/96, 3518. 2. Division called off, lifts not working. PD 24/10/96, 5328. |
| 1995 Precedent | 1. Division called off by Speaker after advice given that problem with the lifts. PD 6/12/95, 4294 |
| 1994 Precedent | 1. In response to the question 'That the amendment be agreed to', the mover of the amendment replied 'The ayes have it'. The Temporary Chairman asked the member to clarify whether he was seeking a division. Point of order taken that standing orders provided that the member's reply was sufficient to call a division. Another member stated that if there was any confusion in the mind of the Chair, the question should be put again. The Temporary Chairman indicated that he had been about to call a division, and was clarifying with the member before doing so. Division called and question resolved in the negative. The Chair warned members of the Opposition that he was quite capable of handling any difficulties that arose and if they interjected again as a chorus, all would be put on three calls. PD 12/5/94, 2510-11 2. Leave granted for division to be called off as a result of an agreement between the Government and Opposition. PD 13/10/94, 3964 |
| 1992 Precedent | 1. Division called off and bells rung again after Opposition Whip called the Speaker’s attention to a problem with the lifts. PD 28/2/92, 120 |
| 1992 Precedent | (In relation to subsection 2 [When a division has been called for:] (2) Members present shall be seated - Ayes to the right and Noes to the left of the Chair): 1. Point of order taken when a Minister was standing on incorrect side of Chair when division closed. Minister directed to vote with opposite party. The Speaker reminded members that Minister could be directed to take a seat on the side of the Chamber on which he was standing when the door were ordered to be locked. He also said that the clocks show the time and their obligation was to be on the correct side of the Chamber at the time the bar falls. Point of order was withdrawn and the division proceeded with. PD 19/3/92, 1432 2. Member standing in incorrect position of voting when division closed. Speaker noted that although he had observed member standing in incorrect position and therefore he should be directed to vote with the opposite party, this was contrary to Standing Order that a member who calls for the division cannot vote to the contrary. As another member disagreed with the Speaker's ruling, the division was called off and bells rung again. PD10/4/92, 2606-8 3. Temporary Chairman reminded members of the Speaker's previous ruling in regard to members being unseated at the time the doors are ordered to be closed. PD 10/4/92, 2622 4. Member called to order for moving about during a division. PD 3/9/92, 5569 |
| 1991 Precedent | 1. Motion by leave agreed to that any division on second reading of a bill not be held after 12.15 p.m. and be deferred until after 2.05 p.m. this day. Subsequently division called for at 1.04 p.m. and division deferred. Leader of the House explained that reason for the above motion was that Independent Members were to attend a meeting with Moody's Rating Agency, therefore the procedural motion was required. Speaker and Leader of the House discussed alternatives before motion agreed to. VP 12/12/91, 490/91/92
PD 12/12/91, 6641/42 2. Point of order taken that member listed as a pair in House after bells rung and doors locked. Speaker ordered the division called off and bells to be rung again after member took objection to Speaker's suggestion that member paired not be counted as present but listed as paired. PD 19/9/91,1433 |