Role of the Legislative Assembly

The Legislative Assembly of New South Wales was established in 1856 with the introduction of Responsible Government, where the government is drawn from and responsible to the Parliament. It is the House where the Government is formed and where the Premier of NSW sits. The Legislative Assembly's special role stems from its representative nature, being directly elected by the people since its inception.

The Legislative Assembly's main functions are:

• representing the people of NSW
  
• forming the Executive Government
• 'to make laws for the peace, welfare and good government of NSW'
• considering the Government's requests for money
• scrutinising the Government.

​Representing the people

NSW is divided into 93 electorates, with one member elected to represent each electorate. Members of the Assembly are elected for four year terms under a system of optional preferential voting (where a voter indicates an order of preference for the candidates on the ballot paper).

As representatives of their electorates, it is the role of members to raise issues that concern their constituents and communities in the Parliament. There are a number of ways that members can do this, including by taking advantage of Private Members Statements and Community Recognition Statements.  Private Members' Statements are five-minute statements about a matter of concern to the member's electorate or constituents. Community Recognition Statements are one-minute statements congratulating or acknowledging the achievements of people or groups in their community.

Members are also able to present petitions on behalf of their constituents to the Parliament. Petitions allow members of the public to have their issues placed before Parliament, helping to raise awareness of their concerns. While a petition will make a request for action, it cannot compel the Parliament to take any action.

Forming the Executive Government

The leader of the party or parties that has a majority of members elected to the Legislative Assembly is commissioned by the Governor to form the Executive Government. The Executive Government remains in office for as long as it commands the confidence of the Legislative Assembly.  By convention the Premier is a member of the Legislative Assembly.

Making laws

The Parliament makes laws by passing bills. A bill is a proposed law that is presented to a House of Parliament. In a bicameral Parliament, such as the NSW Parliament, a bill must pass through both Houses in the same form and be assented to (or approved) by the Governor for it to become an Act. The exception to this is bills that appropriate money for the ordinary annual services of the Government (such as the annual Budget), which may be sent to the Governor for assent even if the Legislative Council does not pass them.

Bills may be introduced in either the Legislative Assembly or the Legislative Council, although bills which appropriate money or impose taxes ('money bills') can only be initiated in the Assembly.
Ministers introduce Government bills as part of the Government's legislative program, while Private Members' bills can be introduced by any other member.

The majority of bills that are passed by the Parliament are Government bills.

Approving the Government's requests for money

The Legislative Assembly is responsible for considering the Government's requests for money. The NSW Constitution requires money bills to be introduced in the Legislative Assembly. Additionally, only the Government can introduce money provisions in the Legislative Assembly, unless the provisions are accompanied by a message from the Governor of NSW.

Scrutinising the Executive Government

The Legislative Assembly also plays an important role in scrutinising the activities of the Government. Members of the Legislative Assembly do this by:

• Moving and debating bills and motions
• Asking questions of Ministers (either written questions or oral questions asked during Question Time)
• Serving on parliamentary committees that consider and report on a wide-range of matters
• Examining documents that are required to be tabled in the Assembly, such as annual reports of government departments and agencies.​

A number of key figures, who are either elected representatives or employed by the Parliament, work in the New South Wales Legislative Assembly Chamber on a sitting day and perform important tasks.

The Speaker

The Speaker is the Presiding Officer of the Legislative Assembly. The Speaker must act with both authority and impartiality. The Constitution Act 1902 (NSW) describes the Speaker as the Legislative Assembly's 'independent and impartial representative'.

The Speaker presides over proceedings and maintains order in the House. In doing so, they interpret and apply the Standing and Sessional Orders and practices of the Assembly by making rulings and decisions. As the representative of the House, the Speaker is responsible for conveying messages and addresses from the Legislative Assembly to the Legislative Council and the Governor.

When presiding, the Speaker only has a casting vote (the deciding vote when votes are equal). When not presiding, the Speaker can take part in debates and vote in divisions in the same way as any other member.

The Speaker also upholds the rights and privileges of members and has extensive administrative duties, being responsible, with the President of the Legislative Council, for the overall direction of the Parliament.

The Deputy Speaker, Assistant Speaker and Temporary Speakers

The Deputy Speaker's main role is to perform the duties of the Speaker, both in the Chair and when the House is not sitting, when the Speaker is not available.

In the absence of the Speaker and the Deputy Speaker, the Assistant Speaker performs the duties of the Speaker.

The Speaker can also nominate up to five members to serve as Temporary Speakers. In the absence of the Speaker, the Deputy Speaker and the Assistant Speaker, Temporary Speakers may perform the Speaker's duties.

The Premier

The Premier is the Chief Minister, senior representative and spokesperson of the Government. The Premier leads and coordinates the work of the ministers and has greater authority over all aspects of the Government's direction and policies than any other Minister.

The Premier by convention is a member of the Legislative Assembly, and, like other members of the Legislative Assembly, he/she also represents an electorate and has local electorate responsibilities.

Ministers

Ministers are senior parliamentary members of the Government.

Ministers generally have one or more government departments or agencies that they are in charge of and responsible to the Parliament for. They may also have a number of laws which they and their departments administer. Decisions made by ministers, either individually or together as the Executive Government, shape the Government's overall direction and policies. Under their direction the various agencies and departments carry out the administration of government in the State.

Ministers who are members of the Legislative Assembly also represent electorates and have local electorate responsibilities. Most ministers are members of the Legislative Assembly.

Parliamentary secretaries

Parliamentary secretaries are members who are appointed by the Premier to assist ministers with their portfolio responsibilities, and to act on their behalf by performing many of their duties in the Legislative Assembly.

The Leader of the Opposition

The Leader of the Opposition is the leader of the largest non-Government party (or coalition of parties) and is chosen by the party.

In our Westminster system the Opposition is the alternative government, ready to assume power should the government lose the confidence of the House or be defeated at an election.

The duties of the Leader of the Opposition include leading and directing the Opposition's policies and strategies, presenting alternative policies to those of the Government, being the chief Opposition spokesperson, leading the 'Shadow Ministry', and leading the Opposition at NSW general elections.

The Leader of the House and Manager of Opposition Business

The Leader of the House is appointed by the Government to manage Government business in the Legislative Assembly.

The Leader arranges the Government's program of business, including the bills that the Executive Government wants to deal with in the Legislative Assembly, and is the Government's main spokesperson on procedural matters.

Generally, the Leader of the House is a minister. This is because the Standing Orders specify that only ministers can introduce certain Government business.

The Manager of Opposition Business is appointed by the Opposition to liaise with the Leader of the House to facilitate the orderly conduct of business in the Legislative Assembly.

Party whips

The Government and Opposition Parties elect 'Whips' from among their elected members. The Whips' main duties are to liaise with party leaders and ministers about business of the House and to:

• ensure that members attend in the Chamber (especially during divisions)
• arrange for speakers in debates
• arrange 'pairs' for divisions (an arrangement between parties for two members from opposing sides to not vote in a division, so that members can be absent without affecting the vote)
• act as intermediaries between party leaders and backbench members.

Officers of the Legislative Assembly

The permanent officers of the Legislative Assembly are the Clerk of the Legislative Assembly, the Deputy Clerk, the Clerk-Assistants, and the Serjeant-at-Arms.

The Clerks are accountable to the Speaker and the House and are independent of the Government or Opposition. Clerks provide independent procedural advice to members, keep the records of the House, support proceedings in the Chamber and committees, and manage the Department of the Legislative Assembly.

When the Legislative Assembly is sitting, the Clerks sit at a table in front of the Speaker where they are well positioned to give quick procedural advice to the Speaker and other members.​

What is a bill?

A bill is a draft proposal to introduce a new law or change an existing law that is presented to a House of Parliament. In a bicameral Parliament, such as the Parliament of NSW, a bill must pass through both Houses in the same form and be assented to (or agreed to) by the Governor to become a law (or an Act).

In NSW bills may be introduced in either the Legislative Assembly or the Legislative Council, unless it is a bill that appropriates money or imposes taxes, in which case it must be initiated in the Legislative Assembly.

Preparing bills​

Most bills are introduced into Parliament by ministers and are prepared as part of the Government's legislative program. These types of bills are called Government bills. While the content of Government bills is determined by the relevant minister, the text of these bills is drafted by the Parliamentary Counsel's Office.

Private members (members who aren't ministers) may also introduce bills into the Parliament. The Parliamentary Counsel's Office als​o assists with drafting private members' bills.

For more information visit the Parliamentary Counsel's Office website.

Stages in passing legislation

In the Legislative Assembly bills have to pass through a number of stages. During these various stages, proposals (motions) are made about the bill's progress or content, debate is conducted on these proposals, and the proposals are ultimately voted on by the House.

​Notice of motion

A Minister or private member must give notice in the House of their intention to introduce a bill.

Introduction and first reading

A minister or private member may introduce a bill in the Legislative Assembly. Once introduced, copies of the bill are made public for the first time. There is no debate at this stage.

Second reading speech

After a bill has been introduced, the minister or private member in charge of the bill will give a speech outlining the purpose and reasons for the bill. After the speech, debate on the bill is adjourned for at least five days. The purpose of the pause is to give members time to examine the bill if they wish to participate in the second reading debate.

The text of the bill and the second reading speech are available on the Parliament's Bills page.

Second reading debate

The second reading debate provides members with their main opportunity to debate or express their opinions about a bill. Second reading debates can extend over several sitting days. After the debate has concluded, the House votes on whether the bill is read for a second time. This is the main stage in the passage of a bill.

Consideration in detail

It is at this stage that amendments can be made to a bill. A bill is only considered in detail if a member requests it – this is done by circulating proposed amendment(s). Any member can propose amendments to a bill and a vote is taken on every proposed amendment.

Third reading

This is the final stage in considering a bill. If there has been consideration in detail, members may debate the third reading. If a vote on the third reading of a bill is passed, this means that it has passed through all stages and has been agreed to by the Legislative Assembly.

After a bill has been agreed to by the Legislative Assembly

Agreement by the Legislative Council

Once passed by the Assembly, a bill will be sent to the Legislative Council for its concurrence. The Council may return the bill with or without amendments. The Assembly can choose to agree or disagree to Council amendments, however a bill cannot become a law until it has been agreed to in the same form by both Houses.

Assent by the Governor

After a bill has passed both Houses of Parliament, the House in which the bill was introduced will arrange for the bill to be prepared for assent by the Governor. Once assented to, the bill becomes an Act.

Commencement of an Act

Every Act indicates when the Act (either in whole or in parts) will come into force. An Act may come into force in a number of ways, including on the day of assent, on a specified date or period of time after assent, or on a day or days proclaimed by the Governor on the advice of the Executive Council.

Statutory instruments

As well as Acts, laws are also made by statutory instruments (also known as subordinate legislation) such as regulations, by-laws, ordinances and rules of a court.

While statutory instruments are made under the authority of an Act of Parliament, they do not have to be passed by the Parliament. However, either House of Parliament can 'disallow' a statutory instrument by passing a motion, if the notice of the motion is given within 15 sitting days after the instrument has been tabled. If a 'disallowance' motion is agreed to, the rule is revoked.​

Question time is an opportunity for members to ask questions of ministers and Committee chairs without notice. Through the process of seeking information, question time plays an important role in holding the Government to account.

Question time usually starts at 12 on Tuesdays and 11am on Wednesdays and Thursdays. It is limited to 55 minutes or 14 answers (whichever takes longer) and cannot be longer than 70 minutes.

The Leader of the Opposition is entitled to ask the first question. Any member may then seek the call, but traditionally questions alternate between Government and Opposition members. Crossbench members are permitted at least two questions per question time, at question numbers 5 and 13.

There are rules about the content of questions and who questions can be directed to. Answers are limited to three minutes, although the member who asked the original question may seek additional information (no more than two minutes), and one member may ask a supplementary question during each question time, which counts toward the total of ten answers.

Question time in the Legislative Assembly is notoriously a loud, robust part of the day with the Chamber often living up to its name as the 'Bear Pit'.

For more information see the Guide to Chamber Procedure and the Standing Orders.

It is essential for the effective operation of Parliament that members of Parliament can speak freely without fear of prosecution or being sued for what they say. This freedom is protected by common law, the Bill of Rights 1688 and the Defamation Act 2005.  However, members’ freedom of speech can also leave members of the public vulnerable to being adversely referred to in Parliament without having an avenue to respond. To balance members’ freedom of speech the Legislative Assembly has a procedure called the citizens’ right of reply. ​​

What is the citizens' right of reply?

If a person or corporation believes they have been adversely affected because of comments made about them during proceedings of the Legislative Assembly, they may be given an opportunity to either have a response to the comments published by the Legislative Assembly, or incorporated into Hansard.

The right of reply is not an automatic right. Rather, it is an opportunity to request that a response to adverse comments be published. The Legislative Assembly Standing Orders and Procedure Committee (the Committee) decides whether a right of reply is given.

The procedure for requesting and deciding on a citizens' right of reply is set out in a resolution that was agreed to by all members of the Legislative Assembly on 9 May 2023. You can find the full text of the resolution in our Consolidated Standing and Sessional Orders.

How do you request a citizens' right of reply?

A written request to the Speaker for a response must be made within 6 months (unless there are exceptional circumstances) of an individual or corporation being referred to in the Assembly. The text of the proposed response should be included in the request, and it should be addressed to:

The Hon Greg Piper MP
Speaker of the Legislative Assembly
Parliament of New South Wales
Macquarie Street
SYDNEY NSW 2000

What is the role of the Speaker?

The Speaker must be satisfied that the proposed response is not obviously trivial, frivolous, vexatious, or offensive; that the request is timely; and that it is practicable for the Committee to consider the submission. If satisfied, the Speaker may then refer it to the Committee for its consideration.

What is the role of the Standing Orders and Procedure Committee?

The Committee may decide:

• Not to consider a submission.
• That, on consideration of the submission, no further action should be taken.
• That, on consideration of the submission, a right of reply should be granted either by publishing the submission in its report, or by incorporating it into Hansard.

The committee must report its decision to the Legislative Assembly.

When considering a submission, the Committee may meet with the person or corporation affected, and/or with the member concerned. These meetings are held in private.

At no point does the Speaker or the Committee judge the truth, or otherwise, of any statements made in the Legislative Assembly or submissions for a right of reply.

What happens next?

If the Committee, in its report to the Assembly, has concluded that a right of reply should be granted, the reply may be published by the Legislative Assembly or incorporated in Hansard by the Speaker. Recent practice has been for the Committee to publish the reply as part of its report to the Assembly. The report is tabled in the House and can be accessed from the Tabled Papers page.