| Related Orders, Precedents and Rulings |
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| 2013 Precedent | 1. During the second reading debate on a bill, the Deputy Speaker directed a member to return to the leave of the bill. PD 19/2/2013, 17600 (2); 2. During a debate on a general notice of motion, the Assistant Speaker upheld a point of order and reminded a member that he had already been asked to return to the leave of the motion. PD 21/2/2013, 17828 3. During the second reading debate on a bill, following a point of order, the Acting-Speaker asked a member to return to the leave of the bill. PD 27/2/2013, 18132 (2); PD 20/3/2013, 18954 4. During the debate on a general motion, following a point of order, the Acting-Speaker asked a member to return to the leave of the motion. PD 28/2/2013, 18255 5. During a debate on a general motion, the Acting-Speaker upheld a point of order and directed a member to return to the leave of the motion. PD 28/2/2013, 18256; PD 27/3/2013, 19517-19518 6. During the debate on a general motion, following a point of order, the Acting-Speaker directed a member to return to the leave of the motion. PD 28/2/2013, 18266 7. During a debate on a general motion, following a point of order, the Deputy-Speaker directed a member to return to the leave of the motion. PD 14/3/2013, 18661 8. During the debate on a general motion, following a point of order, the Assistant-Speaker asked a member to return to the leave of the motion. PD 27/3/2013, 19509 |
| 2012 Precedent | 1. Member directed to return to the leave of the motion following a point of order about relevance. PD 14/2/2012, 8128 & 8129; PD 21/2/2012, 8566; PD 23/2/2012, 8862; PD 6/3/2012, 9004, 9005; PD 13/3/2012, 9433; PD 15/3/2012, 9737 & 9738; PD 27/3/2012, 9891; PD 28/3/2012, 10038; PD 29/3/2012, 10236; PD 29/3/2012, 10239; PD 24/5/2012, 11988; PD 24/5/2012, 11991; PD 13/6/2012, 12760; PD 16/8/2012, 13948, 13951-2; 18/10/2012, pp. 16026 and 33; PD, 24/10/2012, 16536 and 16547-9; PD 22/11/2012, 17416 2. Following a point of order about relevancy a member was directed to return to the leave of the bill. PD 15/02/2012, 8306, 8308, 8318, 8321, 8322, 8323, 8336 & 8342; PD 22/2/2012, 8690, 8693, 8705, 8711, 8739 & 8769; PD 7/3/2012, 9143; PD 7/3/2012, 9170; PD 2/5/2012, 10952; PD 14/6/2012, 12848; PD 14/6/2012, 12900, PD 20/6/2012, 13237, 13251; PD 15/8/2012, 13798, 13806; PD 21/08/2012, pp 14109 and 14234; PD 22/08/2012, p 14249; PD 6/9/2012, 14750; PD 11/9/2012, 15042; PD 13/09/2012, p 15204 3. During the consideration of Legislative Council amendments the Speaker upheld a point of order about relevancy noting that the debate must be constrained to the Legislative Council amendment and not the bill itself. PD 16/2/2012, 8459 4. Member asked to confine comments to the Legislative Council amendment and not refer to the bill. PD 16/2/2012, 8462 5. Member asked to make their speech relevant to the legislation. PD 22/2/2012, 8750 6. Member directed to return to the leave of the bill. PD 22/2/2012, 8752; PD 6/3/2012, 9014 & 9015; PD 14/3/2012, 9571, 9631 & 9648; PD 2/5/2012, 10945, PD 21/6/2012, 13507 7. During a take note debate on a committee report, a Member was directed to return to the leave of the debate. PD 23/2/2012, 8869 8. Following a point of order about relevancy during the debate on a general business motion, the Assistant Speaker noted that given comments made by other members during the debate that some leeway would be given to the member speaking. PD 15/3/2012, 9739 9. Following a point of order about relevanc |
| 2011 Precedent | 1. Following a point of order about relevancy, a member was directed to return to the leave of the bill. PD 1/06/2011, 1706; PD 22/06/2011, 3182; PD 22/06/2011, 3184; PD 22/06/2011, 3185; PD 22/06/2011, 3187; PD 22/06/2011, 3188; PD 9/08/2011, 3975; PD 23/8/2011, 4438; PD 24/8/2011, 4593; PD 24/8/2011, 4601; PD 25/8/2011, 4761 (2); PD 25/8/2011, 4764; PD 8/9/2011, 5267; PD 8/9/2011, 5268; PD 8/9/2011, 5277; PD 11/10/2011, 5967; PD 12/10/2011, 6036 (2); PD 12/10/2011, 6041; PD 12/10/2011, 6042; PD 12/10/2011, 6092; PD 14/10/2011, 6344; PD 18/10/2011, 6539-40; PD 19/10/2011, 6738; PD 19/10/2011, 6773; PD 9/11/2011, 7174; PD 23/11/2011, 7724 2. During debate on the motion accorded priority a member was directed to return to the leave of the motion following a point of order about relevancy. PD 15/06/2011, 2383; PD 15/06/2011, 2384; PD 20/06/2011, 2836; PD 21/06/2011, 3002; PD 4/08/2011, 3691; PD 24/8/2011, 4587 & 4588; PD 24/8/2011, 4590; PD 25/8/2011, 4753 3. During debate on a bill a member was directed to not rehash what has been previously discussed in the House and return to the leave of the bill following a point of order about relevancy. PD 22/06/2011, 3186 4. During the mover's reply to a motion accorded priority a point of order was raised that the member was talking about issues outside the leave of the motion. The Deputy Speaker did not uphold the point of order noting that the member was replying to comments made during debate. PD 8/08/2011, 3867 5. During debate on the motion accorded priority a member was directed to confine her remarks to the motion or the amendment. PD 10/8/2011, 4147; PD 19/10/2011, 6757 6. Member directed to return to the leave of the bill. PD 24/8/2011, 4543; PD 24/8/2011, 4596; PD 7/8/2011, 5109 (2); PD 8/9/2011, 5265; PD 12/10/2011, 6093; PD 9/11/2011, 7181; PD 25/11/2011, 7964 7. Following a point of order about relevancy, a member was directed to return to the leave of the matter of public importance. PD 24/8/2011, 4612 8. Following a point of order about relevancy during the |
| 2010 Precedent | 1. During debate on a general business motion the Assistant Speaker upheld a point of order that a member was speaking outside the leave of the motion. PD 11/3/2010, 21324; PD 24/6/2010, 24777 2. During debate on a motion accorded priority the Deputy Speaker upheld a point of order that a member was speaking outside the leave of the motion. PD 11/3/2010, 21360; PD 11/3/2010, 21361; PD 10/6/2010, 24277 3. During debate on a bill the Acting Speaker upheld a point of order that a member was speaking outside the leave of the bill. PD 16/3/2010, 21488; PD 22/4/2010, 22205, 22206; PD 18/5/2010, 22894; PD 30/11/2010, 28594 4. During debate on a motion to take note of a committee report the Acting Speaker upheld a point of order that a member was speaking outside the leave of the motion. PD 19/3/2010, 21787 5. During debate on a motion to a take note of a committee report the Acting Speaker, on two occasions, reminded a member of the leave of the debate and advised the member that the debate did not provide him with an opportunity to discuss bills that had been introduced into the House. PD 19/3/2010, 21787-21789 6. During debate on a general business motion a point of order was upheld that a member was not speaking to the leave of the motion. PD 22/4/2010, 22162; PD 22/4/2010, 22171, 22172 7. During debate on a bill the Acting Speaker upheld a point of order that a member was speaking outside the leave of the bill. The Speaker also reminded the member that attacks on other members can only be made by way of substantive motion. PD 11/5/2010, 22410 8. During debate on a motion accorded priority the Deputy Speaker upheld two successive points of order that a member was speaking outside the leave of the motion. PD 2/6/2010, 23590 9. During debate on a bill the Acting Speaker directed a member to speak to the leave of the bill. PD 23/6/2010, 24634 10. During debate on a bill the Deputy Speaker upheld a point of order that a member was speaking outside the leave of a bill. PD 23/6/2010, 24676 11. During debate on a bill a po |
| 2009 Precedent | 1. During debate on a bill a point of order was taken that a member was speaking outside the leave of the bill. The Assistant Speaker stated that while members were allowed to make brief introductory remarks, he would ask the member to address the leave of the bill. PD 10/3/2008, 13184 2. During debate on a motion to discharge and appoint members to certain committees the Speaker upheld a point of order that a member was speaking outside the leave of the motion. PD 24/3/2009, 13618 3. During debate on a bill the Assistant Speaker directed a member to address his remarks to the leave of the motion. PD 26/3/2009, 13908 4. During consideration of a Legislative Council amendment to a bill the Acting Speaker upheld a point of order that the member speaking was addressing the entire bill rather than the amendment being considered. PD 31/3/2009, 14126 5. During debate on a general business motion the Assistant Speaker upheld a point of order that a member was speaking outside the leave of the motion. PD 7/5/2009, 14893 6. During debate on a bill the Acting Speaker upheld a point of order that a member was speaking outside the leave of the bill. PD 3/6/2009, 15711 7. During debate on a general business motion the Assistant Speaker upheld a point of order that a member was speaking outside the leave of the debate before the House. PD 4/6/2009, 15820; PD 4/6/2009, 15821 8. During debate on a general business motion the Acting Speaker upheld a point of order that a member was speaking outside the leave of the debate before the House. PD 4/6/2009, 15830 9. During debate on a motion accorded priority the Deputy Speaker upheld a point of order that a member was speaking outside the leave of the debate before the House. PD 4/6/2009, 15851 10. During debate on three bills being debated cognately the Acting Speaker upheld a point of order that the Leader of the Opposition was speaking outside the leave of the bills. PD 23/6/2009, 16569 11. During debate on a general business motion the Acting Speaker upheld a point of order that |
| 2008 Precedent | 1. During debate on a general business motion a point of order was taken that a member was speaking outside the leave of the motion. The Chair directed the member to confine his remarks to the motion. PD 28/2/2008, 5648; PD 28/2/2008, 5676; PD 3/4/2008, 6419; PD 5/6/2008, 8313; PD 26/6/2008, 9472 2. During debate on a motion accorded priority a point of order was taken that the remarks made by the member speaking were not relevant to the motion before the House. The Acting Speaker directed the member to confine his remarks to the motion. PD 4/3/2008, 5785 3. During debate on a bill a point of order was taken: (a) That the member speaking had made certain allegations during his speech and that these allegations could only be made by way of substantive motion; and
(b) That the member's remarks were not relevant to the bill before the House. The Assistant Speaker upheld the point of order and asked the member to confine his remarks to the bill being debated. PD 4/3/2008, 5809 4. During debate on a bill a point of order that a member was speaking outside the leave of the bill was upheld by the Chair. PD 4/3/2008, 5809; PD 4/3/2008, 5814; PD 5/3/2008, 5891; PD 1/4/2008, 6207; PD 25/6/2008, 9379; PD 25/6/2008, 9380; PD 26/11/2008, 11900 5. During debate on a bill a point of order was taken that a member was speaking outside the leave of the bill. The Chair upheld the point of order and directed the member to address the leave of the bill. PD 5/3/2008, 5893; PD 29/10/2008, 10796 6. During debate on a bill a point of order was taken that a member was speaking outside the leave of the bill. The Speaker directed the member to confine his remarks to the leave of the bill. PD 6/3/2008, 6022 7. During debate on a bill a point of order was taken that a member was speaking outside the ambit of the bill. The member taking the point of order stated that if the member speaking wished to make personal attacks, he should do so by way of substantive motion. The Deputy Speaker upheld the point of order and directed the member speaki |
| 2007 Precedent | 1. A point of order was taken that a Minister was speaking outside the leave of the motion. The Speaker reminded the Minister to confine her remarks to the substantive motion. PD 29/5/2007, 337 2. A point of order was taken that a member was speaking outside the leave of the bill. The Acting Speaker reminded the member to confine her remarks to the leave of the bill. PD 29/5/2007, 371, 374, 376 3. A point of order was taken that a member was speaking outside the leave of the bill. The Assistant Speaker directed the member to speak more directly to the bill. PD 29/5/2007, 377 4. A point of order was taken that a member was speaking outside the leave of the bill. The Acting Speaker reminded the member to confine his remarks to the leave of the bill. PD 30/5/2007, 505 5. During debate on a bill a point of order was taken that a member had spoken for three minutes without yet addressing the bill. The Assistant Speaker directed the member to speak to the subject matter of the bill. PD 7/6/2007, 1032 6. During debate on a bill a point of order was taken that a member was speaking outside the leave of the bill. The Assistant Speaker upheld the point of order and directed the member to confine his remarks to the leave of the bill. PD 7/6/2007, 1032 7. During debate on a bill a point of order was taken that a member was speaking outside the leave of the bill. The Assistant Speaker stated that the member speaking had established the background to his points and directed him to focus the remainder of his speaking time on the provisions of the bill. PD 20/6/2007, 1377 8. During debate on a general business notice of motion for a bill to be given precedence the following day, a point of order was taken that the Leader of the House was debating the subject matter of motion to be given precedence. The Speaker allowed the Leader of the House to continue speaking, but reminded members that they were debating a precedence motion rather than a priority motion. The Leader of the House continued speaking and another point of order w |
| S.O. 85 of 1994 (Repealed) | 85. A Member speaking shall be relevant to the subject matter of the debate. |
| 2006 Precedent | 1. During the debate on a motion for urgent consideration a point of order was raised that the member speaking was referring to matters that were irrelevant to the motion. The Speaker noted that the Chair was usually tolerant in debates on urgent motions but upheld the point of order as the member had been speaking for half of his allocated time and had yet to touch on the subject matter of the motion. PD 02/03/2006, p 20998 2. During the debate on a motion to suspend standing and sessional orders the Speaker upheld a point of order that the Deputy Leader of the Opposition was not speaking to the motion. PD 29/03/2006, p 21699 3. During the debate on a censure motion a point of order was raised that a member, whose amendment had been ruled out of order, was speaking to his amendment rather than the substantive matter before the House. The Speaker upheld the point of order and warned the member that he could not introduce into the debate material relating to an amendment that had been ruled out of order. PD 29/03/2006, p 21709 4. During the second reading debate on a bill a number of points of order were raised that the member speaking was not speaking to the leave of the bill. The Deputy Speaker advsied the member to return to the leave of the bill and when he failed to do so warned him that he would be asked to resume his seat if he had nothing to say on the bill. PD 03/05/2006, p 22561 5. During the debate on an appropriation bill a point of order was raised that the member speaking was not speaking to the bill. The Chair noted that as latitude had been provided to all speakers during the debate that the member was in order. PD 09/05/2006, p 22812; PD 09/05/2006, p 22815; PD 09/05/2006, p 22824 6. When a member rose on a point of order about relevancy the Speaker indicated that more latitude was given to the Shadow Minister in making preliminary remarks about legislation. PD 10/05/2006, p 22921 7. During the second reading debate on a bill the Deputy Speaker upheld a point of order that the member was straying |
| 2005 Precedent | 1. During the debate on a motion for urgent consideration the Deputy - Speaker ordered a member to speak to the leave of the motion following the raising of a point of order on relevance. When a further point of order was raised in relation to relevance the Deputy - Speaker advised the member speaking that if he dealt with the specifics of his amendment that the debate would be able to continue. PD 01/03/2005, p 14326 & 14327 2. During the debate on a motion for urgent consideration a point of order was raised that the member was not addressing his proposed amendment but was making a personal attack on Government members. The Deputy - Speaker reminded the member speaking that if he wished to make a personal attack on another member that the standing orders provide that it should be done by way of a substantive motion. PD 01/03/2005, p 14326 3. During the second reading debate on a bill a point of order was raised that the member speaking was not debating the substance of the bill whereupon the Acting - Speaker reminded the member speaking of the subject matter of the bill before the House. PD 02/03/2005, p 14471 4. During the second reading debate on a bill a point of order was raised that the member speaking had strayed from the leave of the bill. The member who had been speaking noted that he was responding to comments made by a previous speaker. The Acting-Speaker noted that in a second reading debate that a member is entitled to make passing reference to matters broadly related to the subject of the legislation and suggested that the member had reached the end of his 'passing reference' stage and should return to the leave of the bill noting that the member could make further passing references to the same topic later in the debate. Later in the debate a second point of order was raised about the relevancy of the member's comments, which was upheld by the Acting-Speaker. PD 22/03/2005, p 14751 - 14753 5. During the debate on a motion for urgent consideration a point of order was raised that the Leader of the |
| 2004 Precedent | 1. During the debate on a matter of public importance a point of order was raised that the member speaking was not addressing the motion before the House. The Acting-Speaker ordered the member to confine his remarks to the subject matter of the matter of public importance. PD 17/02/2004, p 6201 2. During the debate on an urgent motion a point of order was raised that the member speaking was not speaking to the motion or her amendment. The Deputy-Speaker upheld the point of order and asked the member to return to the subject matter of the debate. PD 18/02/2004, p 6264 3. During debate on a general business motion a point of order was raised that the member speaking was not speaking to the motion before the House and that she was debating other matters. The Deputy-Speaker did not rule on the point but noted that he was sure the member would return to the substance of the motion. Following repeated points of order being raised in relation to relevancy, the Deputy-Speaker noted that the member speaking was testing the patience of the Chair and that if she was unable to speak to the motion she should ask one of her party members to do so. PD 19/02/2004, pp 6326 - 6327 4. During the second reading debate on a bill, a point of order was raised that the member was not speaking to the bill. The Acting-Speaker noted that she had allowed members a degree of latitude in the debate and asked the member to now confine her remarks to the leave of the bill. PD 24/02/2004, p 6468 5. During the second reading debate on a bill the Acting Speaker warned the member speaking that he should return to the leave of the bill as the matter he was discussing had nothing to do with it. PD 25/02/2004, p 6560 6. During the debate on an urgent motion, the Acting-Speaker pre-empted a point of order that was to be raised in relation to relevancy and indicated to the member who was speaking that if he wished to speak on the matter which was contained in his own notice of motion that he should do so when it is being debated and that his comments d |
| 2003 Precedent | 1. During debate on a motion a point of order was raised that the member speaking was making comments that were not relevant to the motion. Upheld. PD 01/05/2003, 184 - 185 2. During debate on an urgent motion a point of order was raised that the member moving the motion was not speaking to it but referring to other issues. The Acting Speaker directed the member to address the motion. PD 01/05/2003, 204 & 205
PD 27/05/2003, 1171 3. During the moving of a motion to suspend standing and sessional orders a point of order was raised that the Deputy Leader of the Opposition was not talking to the motion before the House, which was whether two additional Government members would be permitted to speak in the debate on the matter for urgent consideration. The Acting-Speaker ruled that the Deputy Leader of the Opposition could make passing reference to other matters to buttress his case. A further point of order was raised that the Deputy Leader of the Opposition was not speaking to the motion and the Acting-Speaker noted that past practice dictates that a response to a motion to suspend standing and sessional orders may be reasonably wide ranging. PD 07/05/2003, 425 - 426 4. A point of order was raised that the member speaking was not referring to the motion before the House. The Acting-Speaker directed the member speaking to address his remarks to the motion or the amendment to the motion. PD 08/05/2003, 541 5. A point of order was raised that the member speaking to the motion for urgent consideration was not speaking to the motion. The Speaker did not uphold the point of order noting that the Opposition had moved an amendment to the motion and that the member was speaking to the amendment. PD 21/05/2003, 880 6. During the debate on an urgent motion a point of order was raised that a member was not speaking to the substance of the motion. Upheld. PD 19/06/2003, 1763 7. During the second reading debate on a bill the Acting-Speaker ruled that a member was moving too far outside the leave of the bill. The Acting-Speaker n |
| 2002 Precedent | 1. Point of order raised that a member was not confining his comments to what was contained in a committee report during the take note debate. The Acting Speaker asked the member to confine his remarks to the contents of the report. PD 15/3/02, 578 2. Point of order taken that a member was referring to matters outside the scope of a bill. Rather than make a ruling, the Deputy Speaker stated that the member was making a brief aside and would return to the leave of the bill. PD 6/6/02, 2808 3. Point of order upheld that the Attorney General was not answering the question that was asked of him is his capacity as Attorney General but was engaging in a personal discussion. 4. Point of order taken by the mover of the motion during the debate on an urgent motion that a member was raising matters unrelated to the motion. The Speaker advised the member that he would have a right of reply and that he may raise the matters referred to in his point of order in his reply. PD 29/10/02, 6031 5. Point of order taken that a member was referring to matters outside the scope of a bill. The Speaker noted that the member's comments were a little outside the scope of the bill but as he had extended considerable latitude to other members speaking on the bill the same latitude would be extended to the member speaking. PD 29/10/02, 6092 |
| 2001 Precedent | 1. Point of order not upheld that a Member should confine his remarks to consideration of committee reports presented. The Acting Speaker ruled that the Member was allowed to pursue some arguments to back up observations that were directly relevant to the report, but warned that the Member was skating on thin ice. PD 28/3/01, 12758 2. Point of order taken that a Member was referring to matters outside the scope of the bill. The Speaker ruled that there was a tradition in the House that Members leading for the Opposition in second reading debates may exercise greater than normal discretion in relation to the matters to which they refer. Notwithstanding, he noted that the scope of the bill was fairly specific and the Member had probably gone a little too far. He saw no objection in the Member making passing reference to matters beyond the scope of the bill, but he should not go into detail. Later in the debate, point of order upheld that another Member was disregarding this ruling and was outside the leave of the bill. PD 11/4/01, 13677, 13682 3. The Speaker interrupted a Member giving an explanation as to why his notice of motion for urgent consideration should receive precedence, as the notice did not canvass any of the issues raised by the Member in his explanation. He ordered the Member to confine his remarks to the reasons why a debate on the matters raised in his notice should receive priority. PD 31/5/01, 14178 4. Point of order taken that a Member was traversing the whole of the racing industry rather than discussing the betting legislation before the House. The Acting-Speaker was reluctant to make a ruling, but warned that if the Member drew his arguments into a web of relevance to the bill, he would comply with standing orders. PD 20/6/01, 14862 |
| 1999 Precedent | 1. Deputy Speaker upheld a point of order requesting that a member be drawn back to addressing the subject matter of the debate and also to refrain from personalising the issue by criticising specific members of Parliament. PD 18/11/99, 3273 |
| 1998 Precedent | 1. Discussions of actions of past government under the Environment Planning and Assessment Act ruled out of order in the second reading debate of the Sydney Cove Redevelopment Authority Amendment Bill. PD 27/05/98, 5286, cf 5270 2. Chair upheld point of order that the member was speaking beyond the terms of a motion to suspend standing orders. PD 24/09/98, 8037-8 |
| 1997 Precedent | 1. Point of order raised in debate on a censure motion that the person speaking was referring to Ministers other than the one being censured. Acting Speaker ruled that the speaker should not stray too far and should conclude his preliminary remarks. PD 09/04/97, 7304 |
| 1994 Precedent | 1. Point of order not upheld that member's remarks were outside the scope of a bill. Speaker ruled that the member's remarks were fair and reasonable as they addressed matters mentioned in the explanatory notes attached to the bill. PD 21/4/94, 1662 13. Point of order upheld that member was attacking another member, purely on speculation. The Acting Speaker ruled that the member should refer only to the facts and not hypotheses to circumstances as he imagined them to be. PD 13/10/94, 4029 |