Friday, December 16, 2011

The Offices of Speaker, Deputy Speaker and Acting Deputy Speaker (the Presiding Officers) in Norfolk Island.....continued from 25 November 2011


 “Your Parliament – Your Voice”

From the Office of the Speaker

The Offices of Speaker, Deputy Speaker and Acting Deputy Speaker (the Presiding Officers) in Norfolk Island … continued from 25 November 2011

Last week’s Norfolk Islander recorded the passing of Sir Zelman Cowan AK. GCMG, K.St.J, QC, former Governor-General of Australia in the 70’s. It was Sir Zelman Cowan who in the Federal Executive Council assented to the Norfolk Island Act in 1979 which brought the Legislative Assembly of Norfolk Island into being; and it was Sir Zelman who opened the First Legislative Assembly of Norfolk Island on 10 August 1979 in the Assembly Chamber that we continue to hold our meetings in today. In March 1980 Sir Zelman advised that Her Majesty the Queen had been pleased to approve the grant of the prefix “Honourable” to the President (today read Speaker) of the Legislative Assembly and Members of the Executive Council of Norfolk Island (today read Ministers) during the tenure of those offices.

The first business meeting of the Legislative Assembly was held on 15 August 1979 and on that occasion the Assembly agreed that there be two executive offices – Chief Minister and Deputy Chief Minister.  The President David Buffett and the Deputy President Mr William Blucher were appointed respectively to these positions.  From the very beginning of the Legislative Assembly in 1979 right up to 2010 – a period of some 31 years – the presiding officers could also be Ministers of the Government; and were in the First, Second, Third, Fifth, Sixth, Eighth and Ninth Assemblies.

In late 2010 the Norfolk Island Act 1979 (the Act) was amended by the Territories Law Reform Act 2010 (Cwlth) and section 13(4) of the Act now reads –

“The Speaker or Deputy Speaker is not eligible to be appointed under subsection (2) as a Minister.”

Who sits in the “Chair”?
The Speaker “takes the Chair” at the commencement of an Assembly meeting and reads the Assembly Prayer.  If the Speaker is absent, the Deputy Speaker will start the meeting and read Prayers (Standing Order 7).  The Deputy Speaker is required to take the Chair whenever requested to do so by the Speaker during a sitting of the Assembly. (Standing Order 8) The Speaker or the Deputy Speaker may also call on any one of the Acting Deputy Speakers to take the Chair (Standing Order 10).

The Speaker “on the floor of the House”
I was recently provided with guidance notes for participation in debate from the floor of the House by the Speaker and other occupants of the Chair in the Legislative Assembly of New South Wales.  Those notes in the main reflect the accepted practice in the Legislative Assembly of Norfolk Island since 1979 up to the present day. I will quote from those guidance notes.

“It is accepted that the occupants of the Chair will hold firm views and opinions, particularly in relation to issues that may affect their local communities. Accordingly, there may be times when occupants of the Chair participating in proceedings from the floor of the House speak in opposition to motions moved in the House and make critical comments during debate.  The Constitution Act (of New South Wales) provides that the Speaker is recognised as the independent and impartial representative of the Legislative Assembly.  It should be noted that occupants of the Chair, particularly the Speaker, Deputy Speaker and Assistant Speaker, are required to be independent, impartial and uphold the standards of the House when presiding …..Opinions expressed in the House during debate cannot carry over to when in the Chair….”.

Order in the House”
Order is maintained in the House by the Speaker (Standing Order 44).  When the Speaker is on the “floor of the House” participating in debate or has carriage of a Bill or other business before the House the Deputy Speaker or Acting Deputy Speaker “takes the Chair” and maintains order in the House.

The next sitting of the Legislative Assembly is on Wednesday 1 February 2012 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 16 December 2011 and posted on the blog site http://yourparliamentyourvoice.blogspot.com

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