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

Sitting of the Legislative Assembly on 7 December 2011

“Your Parliament – Your Voice”

From the Office of the Speaker

The Legislative Assembly met on Wednesday 7 December 2011 at 10 am and concluded at 4.08 pm with a suspension due to broadcasting difficulties between 10.15 and 10.55 am and a lunch break between 12.45 pm and 2.30 pm.  We welcomed Professor Richard Herr to the public gallery.  Professor Herr is the academic co-ordinator for ANZACATT (Australian and New Zealand Clerks at The Table) parliamentary law and practice course at Tasmania’s University Law School.  Professor Herr has just completed a UN Review of Small National Parliaments and is en route to Samoa where he will be assisting with the induction seminar for their small National Parliament. Birthday wishes were also extended to Minister Sheridan.

The House rose for a period of silence to acknowledge the passing of Maisie Joy Nobbs, Shelley Joy Hall and Michella Jane Reynolds,

Answers were provided both to questions without notice and on notice.

The following papers were tabled:

1)       Mr King – Extract from House of Representatives Hansard dated Thursday 24 November 2011 page 1

2)       Mr Nobbs – Norfolk Island Fishery Management Policy 2009

3)       Mr Sheridan – Response to Question on Notice No. 311 – Debts Healthcare System

4)       Mr Nobbs – Papers on Bookmakers and Betting Exchange Act 1998

5)       Mr Sheridan – Traffic (Amendment No. 4) Regulations 2011

6)       Mr Sheridan – Traffic (Amendment No. 5) Regulations 2011

7)       Speaker Adams – Letter from Administrator dated 25 November 2011conveying Hon Simon Crean MP’s response to motion passed at October sitting

8)       Mr Buffett – NI Census 2011

9)       Mr Buffett – Update of the Financial Capacity of Norfolk Island 2011

10)   Mr Buffett – Customs Act 1913 – Approved exemptions

11)   Mr Buffett – Immigration (Amendment) Bill 2011 – Explanatory Memorandum

Statements were made by -

1)       Chief Minister, Mr Buffett on progression of the Road Map

2)       Minister for Community Services, Mr Sheridan, requesting road users in the community to drive safely and exercise caution during the Festive Season

3)       Minister for Community Services, Mr Sheridan, who advised community of the imposition of a Fire Ban

4)       Chief Minister, Mr Buffett who extended his thanks and good wishes to Bruce Baskerville, KAVHA Site Manager at the close of his term of contract

5)       Minister for Community Services, Mr Sheridan, who advised community of the drug and alcohol services which are currently available

The following Message was reported from the Office of the Administrator –

Message No. 25 from the Administrator under section 21 of the Norfolk Island Act 1979 advising that on 22 November 2011 he declared his assent to the Married Persons (Equality of Status) Act 2011 (Act No 17 of 2011)

Message No. 25 from the Administrator under section 21 of the Norfolk Island Act 1979 advising that on 22 November 2011 he declared his assent to the Married Persons (Equality of Status) Act 2011 (Act No 17 of 2011)

Outcomes for matters on the Notice Paper which were debated are as follows:

1)                  The House recommended that the Administrator exempt the following from payment of customs duty – Norfolk Island Fishing Club Safety Equipment; St Johns Ambulance Defibrillators; and Norfolk Island Junior Rugby League of two extreme MotoX motorcycles on the condition that the motorcycles are exported at conclusion of the event

2)                  The motions proposed by Mr King to rescind the votes of the House on 5 October 2011 recorded as Item 10 and Item 13 in the Minutes of proceedings of that date were negatived

3)                  Mrs Kim Narelle Edward was appointed Official Trustee of the Provident Account for the purposes of sections 4 and 4A(1)(a) of the Provident Account Act 1958

4)                   The Immigration (Amendment) Bill 2011 was presented and adjourned

5)                   The Official Survey (Amendment) Bill 2011 was agreed to

6)                  The Employment (Amendment No. 2) Bill 2011 which was further amended by the House was agreed to

The next sitting of the Legislative Assembly is on Wednesday 1 February 2012 at 10 am.

Practice and procedure in the Legislative Assembly of Norfolk Island will continue next week on The Offices of Speaker, Deputy Speaker and Acting Deputy Speaker (the Presiding Officers) in Norfolk Island

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 8 December 2011 and posted on the blog site http://yourparliamentyourvoice.blogspot.com

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