S.O.133 Notices of Motions - notice given verbally

CHAPTER 11 - NOTICES OF MOTIONS

133.
      (1) A notice of motion for:
          1. A bill;
          2. Government Business;
          3. No confidence in the Government, Minister or Speaker, or censure of Member or Speaker;
          4. Business with Precedence, (SO 118) with the exception of motions of condolence and the printing of papers; and
          5. A General Notice to be the subject of a motion for re-ordering
a. must be given verbally at the time prescribed in the routine of business and show the date for moving the motion.
      (2) Notices of Motions (General Notices) may only be given when called for at the commencement of the sitting each day.

amended 3 July 2009
Related Orders, Precedents and Rulings
2013 Precedent1. The Premier obtained leave of the House to give government business notices of motions outside the routine of business. VP 26/2/2013, 1444; 2. The Attorney General obtained leave of the House to give a government business notice of motions outside the routine of business. VP 19/3/2013, 1499
2012 Cons. RulingConsidered statement relating to the new sessional orders regarding community recognition notices: "The purpose of the new procedure is to enable members to have notices of an uncontroversial nature formally agreed to by the House. It is envisaged that community recognition notices will include notices of a predominantly local or private nature, such as to congratulate a particular person or group of people for an achievement, to recognise charity work and retirements, to draw attention to fundraising events and sporting awards, and to give thanks or offer condolences to people in local communities. The relevant sessional order specifically states that a community recognition notice must not contain: (a) Matters of Policy; (b) Requests for the Government or the House, or any other body to act or not act; or (c) Criticisms or negative reflections on any person, including Members, Office Holders, the Government, the Opposition or a third party. The Speaker has discretion to rule out any notices that do not conform with the standing orders, and I advise all members that I will not be accepting any lodged community recognition notices that contain matters of a controversial nature. Members will still retain the option of giving general notices orally in the House. Hancock, PD 15/02/2012, p 8253 Considered statement regarding the giving of notices of motion: "Many of the motions of which members gave notice today were excessively long. Such motions use up to 10 minutes available to members who swish to give notice of a motion they will move. I realise that the motions are important to both the members and their electorates. However, members should ensure that their motions are not lengthy out of respect for other members who may wish to give notice of a motion". Hancock, PD 21/08/2012, p Galley p 1
2012 Precedent1. The Speaker made a statement in relation to the new sessional orders regarding community recognition notices: "The purpose of the new procedure is to enable members to have notices of an uncontroversial nature formally agreed to by the House. It is envisaged that community recognition notices will include notices of a predominantly local or private nature, such as to congratulate a particular person or group of people for an achievement, to recognise charity work and retirements, to draw attention to fundraising events and sporting awards, and to give thanks or offer condolences to people in local communities. The relevant sessional order specifically states that a community recognition notice must not contain: (a) matters of policy; (b) requests for the Government or the House, or any other body to act or not act; or (c) criticisms or negative reflections on any person, including members, office holders, the government, the Opposition or a third party. The Speaker has a discretion to rule out any notices hat do not conform with the standing orders, and I advise all members that I will not be accepting any lodged community recognition notices that contain matters of a controversial nature. Members will still retain the option of giving general notices orally in the House." PD 15/2/2012, 8253; VP 15/2/2012, 529 2. Motion moved by leave agreed to: That this House authorises the Speaker to: (1) Identify those general business notices of motions (general notices), currently on the Business Paper, which could be dealt with as a general business (community recognition notice); (2) Consult with members as to whether they want their identified notices of motions to be considered as a general business (community recognition notice); and (3) Arrange, with the Member's consent, for the notice of motion to be reclassified as a general business (community recognition notice) and listed in the Business Paper accordingly. PD 21/2/2012, 8569; VP 21/2/2012, 551 3. Following a point of order about the length of a notice of mot
2008 Precedent1. The Speaker, as a private member, by leave, gave a notice of motion outside the routine of business. VP 2/12/2008, 1095
551 Sessional OrderNotices of Motions, Giving of (adopted 28 February 2013) That, during the current session, unless otherwise ordered, standing order 133 shall read as follows: 133. (1) A notice of motion for: (a) A bill; (b) Government Business; (c) No confidence in the Government, Minister or Speaker, or censure of Member or Speaker; (d) Business with Precedence, (SO 118) with the exception of motions of condolence and the printing of papers; and (e) A General Notice to be the subject of a motion for re-ordering must be given verbally at the time prescribed in the routine of business. (2) General Business Notices of Motions (General Notices): (a) May only be given when called for at the time prescribed in the routine of business each day; (b) The period for giving General Business Notices of Motions (General Notices) is limited to a maximum of 10 minutes. The Speaker has discretion to allow the giving of notices to exceed this 10 minute period.
S.O. 142 of 1994 (Repealed)142. A notice of motion must be given verbally at the time prescribed and show the date for moving the motion.
2006 PrecedentAt the conclusion of questions without notice a Minister sought the leave of the House to give notice of a motion outside the time prescribed by the standing orders. Leave was not granted. PD 28/02/2006, p 20697
2005 Precedent1. Notice of Motion given outside of time prescribed by Standing Orders. VP 24/05/2005, p 1397
2005 Precedent1. A point of order was raised that the notice of motion that had been given was too long and that it should eb ruled out of order in line with previous rulings about the length of motions. The Speaker did not rule on the point of order noting that he would continue to listen to the notice of motion and make a decision about it at a later stage after consultation with the Clerks. PD 23/02/2005, p 14096 2. Following the conclusion of questions without notice the Leader of the House rose on a point of order that a notice of motion which had been given that day referred to a police investigation that was currently underway and that the first paragraph of the motion alluded to certain matters that may or may not be factual depending on the outcome of the investigation. It was argued that it was inappropriate for the House to put on its record a version of the facts that may or may not be true and that the first paragraph should not be placed on the business paper. The Speaker noted that the point of order was well founded and that whilst he was conscious of the need to protect the right of all members to free speech he must also take into account the serious and important processes of other arms of government, particularly those relating to law enforcement. The Speaker noted that he would review the notice of motion and take into account the issues that have been raised when determining what should be placed on the business paper. The notice was amended by removing the first paragraph of the motion. PD 21/09/2005, p 18085 3. During the giving of notices of motions a point of order was raised by the Leader of the House that a notice of motion that had been given relates to a matter that is currently the subject of police investigations and that it was inappropriate and offensive for the notice to be put before the House as it will prejudice police investigations. The Speaker asked the member who gave the notice to submit the motion to the Clerks so that it could be examined noting that he would make a decision on whe
2004 Precedent1. At the conclusion of questions without notice, a member sought to raise a matter of privilege. The Speaker ruled that because the time for the giving of notices of motions had passed that the member must seek the leave of the House to give a notice of motion in relation to privilege. Leave was not granted. PD 01/06/2004, p 9192 2. The Leader of the House gave two notices of motions after the time prescribed in the standing orders. VP 10/11/2004, p 1103
2002 Precedent1. A member raised a point of order during the routine of business that a Minister had given notice of a bill that was a private member's bill as it did not fall within her portfolio. Not upheld. PD 23/10/02, 5776
2002 Precedent1. During the giving of notices of motions the Speaker reminded members that the time set aside for the giving of notices of motions should be used for that purpose, that is, to give notices of motions and not to make second reading speeches. PD 19/02/2004, p 6332
1999 Precedent1. Notice of Motion given outside of time prescribed by Standing Orders. VP 25 May 1999, 75 VP 2 June 1999, 122 VP 3 June 1999, 130 VP 24 June 1999, 172.
1993 Precedent1. Minister complained that he had missed the call for the giving of Notices of Motions. The Speaker called order, pointing out that excessive interjection and conversation made it very difficult for members to hear the order in which notices were called. For example, not only did Ministers miss the call, but a member gave a call for a general business notice of motion without the Speaker having given the call for such notices. He asked members in future to remain silent at this time of the day so that members had a fair opportunity of knowing what was taking place. PD 30/3/93, 946


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