Office Holders

The Speaker
The Speaker is the Presiding Officer of the Legislative Assembly and as such must act with both authority and impartiality. The office of the Speaker is recognised in section 31 of the Constitution Act. The Speaker is described as the Legislative Assembly's "independent and impartial representative".

The first act of a newly elected Parliament, after swearing in of new Members takes place, is the election of a Speaker. Section 31B of the Constitution Act outlines the secret ballot mechanism of election.

By authority of a colonial minute dating back to 1885, the Speaker holds office from the date of election, during the period of dissolution to the election of a successor.

There are important provisions in the Constitution Act 1902 which relate to the Office of Speaker: what happens when the Speaker is absent from the State; the fact that the Speaker is not counted in a quorum; the Speaker's casting vote; the right of the Speaker to participate in debate and vote in divisions when not presiding in the Chair; and the fact that Members resign to the Speaker.

Under section 70 of the Parliamentary Electorates and Elections Act 1912, the Speaker issues writs to fill vacancies caused otherwise than by a General Election.

The Speaker's role in the House is to maintain order, put questions after debate and conduct divisions. In maintaining order the Speaker interprets and applies the Standing Orders and practice of the House by making rulings and decisions. The Speaker's decisions are, however, subject to the will of the House exercised through a motion of dissent. (S.O. 95)

Section 31 of the Constitution Act 1902 provides for the Speaker, when not presiding, to take part in any debate or discussion and vote on any question which may arise in the Legislative Assembly. However, in accordance with section 32 of the Constitution Act 1902 when presiding the Speaker can only exercise a casting vote when the votes are equal.

The Speaker is the mouthpiece for the House, for example, conveying Messages and Addresses from the House to the Governor. The Speaker is also charged with upholding the rights and privileges of Members and of the House.

The Speaker also has extensive administrative functions, being responsible, with the President, for the overall direction of the Parliament. In this, the Presiding Officers are advised by the Clerks of both Houses. The Speaker is solely responsible for the operation of the Department of the Legislative Assembly.

The present Speaker is The Honourable Richard Torbay MP.

Deputy Speaker and Assistant Speaker
The Standing Orders provide that there will be both a Deputy Speaker and an Assistant Speaker. A Sessional Order adopted for the 54th Parliament (i.e. the current Parliament) provides for two Assistant Speakers.

Both the Deputy Speaker and the Assistant Speaker are elected on the first sitting day of each Parliament, or whenever either Office becomes vacant.

A member is elected Deputy Speaker or Assistant Speaker by motion (notice is not required). The Deputy Speaker holds office past the expiration of the Legislative Assembly until a successor is elected. This is because the Constitution Act 1902 provides for the Deputy Speaker to act in place of the Speaker when he or she is absent from the State. The Assistant Speaker holds office for the duration of the Parliament unless the House otherwise directs and ceases to hold office when the Assembly expires by effluxion of time or is dissolved by the Governor.

The Assistant Speaker certifies that a bill originating in the Assembly which is to be presented to the Governor for assent is the same as that which was passed by both Houses.
The Deputy Speaker and Assistant Speaker have the same authority as the Speaker when presiding in the Chair.

The present Deputy Speaker is The Honourable Tony Stewart MP and the Assistant Speakers are is Ms Alison Megarrity MP and The Honourable Grant McBride MP.

Absence of the Speaker, Deputy Speaker or Assistant Speaker
During the unavoidable absence of the Speaker, the Deputy Speaker takes the Chair in the House. Under s. 31A of the Constitution Act the Deputy Speaker is vested with all the power, authority, duties and functions of the Speaker when the Speaker is absent from the State.
In instances where the Speaker is absent from the House but not necessarily absent from the State, the Standing Orders provide for the Deputy Speaker to perform the duties of the Speaker on any day when the Speaker is absent and the House is sitting. If the Speaker and Deputy Speaker are both absent on a day when the House is sitting the Assistant Speaker will perform the duties of the Speaker (SO 15).
Whilst it is highly unlikely that all three office holders would be absent from the House at any one time, the current Standing Orders provide for the situation where the Speaker, Deputy Speaker and Assistant Speaker are all absent from the House. Standing Order 18 authorises the House, in the absence of all three to elect an Acting Speaker so long as a quorum is present.

Temporary Speakers
At the beginning of each Parliament, the Speaker nominates not more than five Members who will be Temporary Speakers. They relieve the Speaker, Deputy Speaker and Assistant Speaker on a temporary basis whenever requested.

The present Temporary Chairmen are The Honourable Diane Beamer MP , Mr Thomas George MP, Mr Wayne Merton MP, and Mr Matthew Morris MP.

Leader of the House and Manager of Opposition Business
The Leader of the House is usually a Minister appointed by the Government to manage the Government business in the Legislative Assembly. The Leader sets and arranges the Government legislative program (the days on which the House will sit and the bills Cabinet has decided will be dealt with) and is the Government's main spokesperson on procedural matters. The Leader and the Manager of Opposition Business often consult together in an effort to facilitate the orderly conduct of business.
The current Leader of the House is a Parliamentary Secretary. This has required the adoption of a sessional order to provide for all the provisions of the standing orders that apply to Ministers to be read as also applying to the Leader of the House. This sessional order is required for the Leader of the House to move certain motions such as the adjournment of the House.
The present Leader of the House is The Honourable John Aquilina MP, and the present Manager of Opposition Business is Mr Adrian Piccoli MP.

Party WHIPS
The duties of the Whips are in the main to liaise with Ministers in regard to the business of the House, secure the attendance of Members in the House, arrange speakers for debates, arrange "pairs" and generally act as intermediaries between the party leaders in the House and backbench Members.

The present Whips are Gerrard Martin MP (Government Whip), Daryl Maguire MP (Opposition Whip) and Thomas George MP (National Party).

Parliamentary Secretaries
Part 4A of the Constitution Act 1902 provides for the appointment of Parliamentary Secretaries by the Premier to perform such functions as the Premier, from time to time, determines. The Act does not authorise Parliamentary Secretaries performing any function that by any law may only be performed by some other person.

Under the Standing Orders Parliamentary Secretaries are empowered to act on behalf of Ministers in the House, except in respect of certain functions: for example Parliamentary Secretaries cannot arrange government business, reply to a question without notice or move a motion of the adjournment of the House. Parliamentary Secretaries are able to introduce bills and move motions for their passage, reply to private members' statements, move motions to suspend standing orders without leave and table papers.

Permanent Officers
The permanent Officers of the House are the Clerk, the Deputy Clerk, Clerk-Assistant (Procedure) and Serjeant-at-Arms, and Clerk-Assistant (Committees). These Officers are appointed by the Executive Council, on the recommendation of the Speaker. A commission under the Public Seal is issued in the case of the Clerk and the Serjeant-at-Arms.

On assuming office the Clerk takes before the Governor the oath of allegiance and a second oath, taken from the practice of the House of Commons “to make true entries, remembrances and journals of things done and passed during my continuance in Office as Clerk of the Legislative Assembly”.

In the absence of the Clerk the duties of Clerk are performed by the officer next in seniority. If it is known, or if there is a distinct possibility, that the Clerk will be absent for some time when the House is sitting, it is customary for the Deputy Clerk to be issued with a Commission as Acting Clerk. In this event the Deputy Clerk takes before the Governor the same oaths as taken by the Clerk.

Last modified 21/02/2008 18:11:56 : Update this page