Practice and procedure in the Legislative Assembly of Norfolk Island (continued…)

“Your Parliament – Your Voice”

From the Office of the Speaker

Practice and procedure in the Legislative Assembly of Norfolk Island (continued…)

The Standing rules and orders of the Legislative Assembly of Norfolk Island

Section 45 of the Norfolk Island Act 1979 (Clwth) provides that the Legislative Assembly may make standing rules and orders, not inconsistent with a law of the Territory, with respect to the order and conduct of its business and proceedings. The original standing rules and orders of the Norfolk Island Assembly were drafted in 1979 by the Clerk and Assistant Clerk of the House of Representatives.  At the inaugural sitting of the Norfolk Island Assembly on 10 August 1979 the then Speaker of the House of Representatives, Sir Billy Sneddon, made comment that Norfolk Island was to have the most “modern Standing Orders of any parliament of the Commonwealth” and he went on to highlight some of the reforms to take place that he would like to see in his own Parliament. Of course our original standing orders have been amended by the Norfolk Island Assembly from time to time, the latest amendment having been made in 2010. Our standing orders are available electronically on http://www.info.gov.nf/assembly/standing%20orders

The Prayer of the Legislative Assembly

At All Saints Church on Thanksgiving Day Mr. Tom Lloyd AM said a prayer for the Island’s Government. His words gave me pause to reflect on Standing Order 37 of the Legislative Assembly which I share with you here –

“Upon the Speaker taking the Chair at the commencement of each sitting, and a quorum of Members being present, h/she shall read the following Prayer:

Almighty God, we humbly beseech thee to vouchsafe Thy blessing upon this House.  Direct and prosper our deliberations to the advancement of Thy Glory, and the true welfare of the people of Norfolk Island.  Amen”

The Offices of Speaker, Deputy Speaker and Acting Deputy Speaker (the Presiding Officers) in Norfolk Island

The term of “Speaker” and “Deputy Speaker” was not used in the Legislative Assembly of Norfolk Island until 1995. From 10 August 1979 when our Legislative Assembly commenced, until March 1995, the Presiding Officers were called “President” and “Deputy President”.  Why did we use President and Deputy President in 1979?  These terms were consistent with those used in the Norfolk Island Advisory Council for the President and Deputy President of Committees. 

Why was a decision taken to amend the Norfolk Island Act in 1995 to change the names of President/Deputy President to Speaker/Deputy Speaker?  These names were thought to be more appropriate for a parliament that only has one chamber or “lower house”.  A parliament with only one chamber like ours is called a unicameral parliament.  A parliament that has two chambers – a lower and an upper house – is called a bicameral parliament. The Federal Parliament of Australia is a bicameral Parliament and the term of President and Deputy President is the name given to the presiding officers of the upper house, namely the Senate in that parliament. The ACT, Northern Territory and Queensland Parliaments, like ours, are unicameral parliaments.

In Norfolk Island the Speaker (and the Deputy Speaker) is elected by the Legislative Assembly at its first meeting after a general election. The Speaker may also appoint up to two persons to act as Deputy Speaker and they are referred to as “acting Deputy Speakers” and in the 13^th Assembly there are currently two acting Deputy Speakers. It is common to hear people refer to “the Presiding Officers” or “the Chair”; they are in fact referring to the Speaker, the Deputy Speaker and the acting Deputy Speakers when “they are presiding in the Chair”.

The Legislative Assembly of Norfolk Island is modelled on the Westminster system with one major difference.  Ours is not a multi-party system.  Our Assembly consists of nine independent Members. Each Member in Norfolk’s Assembly has one deliberative vote. What is a deliberative vote? A deliberative vote is the normal vote cast by all Members in the Assembly according to their conscience when a question is put. As is the case in the Australian Capital Territory (ACT) Assembly, the Northern Territory Assembly and the Norfolk Island Assembly, the Presiding Officers each have a deliberative vote. In the Northern Territory Assembly the Presiding Officer also has a casting vote. What is a casting vote?  A casting vote is a vote exercised in some parliaments when the vote is tied.  In the Northern Territory Assembly when the vote is tied the Presiding Officer may use the casting vote. The Presiding Officers in the ACT Assembly and the Norfolk Island Assembly do not have a casting vote; when the vote is tied the motion is lost….(To be continued in next week’s issue of Your Parliament Your Voice).  The next sitting of the Legislative Assembly is on Wednesday 7 December 2011 at 10 am.

To read the Notice Paper, Programme and Minutes of Proceedings and legislation tabled in the House go to www.info.gov.nf. Issued from the Office of the Speaker on 1 December 2011 and posted on the blog site http://yourparliamentyourvoice.blogspot.com