| Related Orders, Precedents and Rulings |
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| 2013 Precedent | 1. The Speaker ordered the Leader of the Opposition to remove himself from the Chamber until the end of Question Time. PD 13/3/2013, 18533; VP 13/3/2013, 1481 2. The Speaker ordered the member for Fairfield to remove himself from the Chamber until the end of Question Time. PD 13/3/2013, 18533; VP 13/3/2013, 1481 3. The Speaker ordered the member for Macquarie Fields to remove himself from the Chamber until the end of Question Time. PD 14/3/2013, 18696 |
| 2012 Precedent | 1. During Question Time, the Speaker directed the Deputy Serjeant-at-Arms to remove the member for Toongabbie after having been called to order three times. VP 28/3/2012, 665; PD 28/3/2012, 10062 2. During Question Time, the Speaker directed the Deputy Serjeant-at-Arms to remove the member for Maroubra after having been called to order three times and continuing to ignore the Speaker's direction to resume his seat. VP 29/3/2012, 694; PD 29/3/2012, 10222 3. During Question Time, the Speaker directed the Deputy Serjeant-at-Arms to remove the member for Canterbury after having been called to order three times. PD 8/5/2012, 11226; VP 8/5/2012, 816 4. During Question Time, the Speaker directed the Deputy Serjeant-at-Arms to remove the member for Keira after having been called to order three times. PD 29/5/2012, 12111; VP 29/5/2012, 974 5. The Speaker directed the Deputy Serjeant-at-Arms to remove the member for Maroubra for continuing to ignore the Speaker's directions. VP 21/6/2012, 1125; PD 21/6/2012, 13582 6. The Speaker directed the Deputy Serjeant-at-Arms to remove the member for Macquarie Fields removed for disorderly conduct (interjecting). VP 11/9/2012, 1244; PD 11/09/2012, p 14901 |
| 2012 Precedent | 1. The Speaker reminded members that under recent changes to the sessional orders the Chair now has the option to order members to leave the Chamber for up the three hours. The Speaker advised that her expectation is that when a member is directed to leave the Chamber under the newly conferred power, the Chair will stipulate the length of time the member must remain outside the Chamber before returning. A member so directed to leave the Chamber will not be required to leave the parliamentary precincts. If, however, any member refuses to leave the Chamber when so directed, that member will leave himself or herself open to being called to order and removed in accordance with standing order 249. PD 1/5/2012, 10796; VP 1/5/2012, 754 2. The Speaker ordered the member for Macquarie Fields to remove himself from the Chamber for a period of one hour under sessional order 249A. PD 8/5/2012, 11227; VP 8/5/2012, 816 3. The Speaker ordered the member for Canterbury to remove herself from the Chamber for a period of half an hour after calling a Minister a "scumbag". PD 23/5/2012, 11847; VP 23/5/2012, 924; 4. The Speaker ordered the member for Maroubra to remove himself from the Chamber for the remainder of Question Time. PD 30/5/2012, 12303; VP 30/5/2012, 1001; PD 31/5/2012, 12462; VP 31/5/2012, 1041; PD 21/6/2012, 13521; VP 21/6/2012, 1118; VP 14/11/2012, p. 1362; PD 14/11/2012, p. 16845 5. The Speaker ordered the member for Wollongong to remove herself from the Chamber for the remainder of Question Time. PD 12/6/2012, 12585; VP 12/6/2012, 1047; PD 21/6/2012, 13518; VP 21/6/2012, 1118 PD 4/09/2012, p 14502; VP 4/9/2012, 1222 6. The Speaker ordered the member for Lakemba to remove himself from the Chamber for the remainder of Question Time. PD 14/6/2012, 12893; VP 14/6/2012, 1081 7. The Speaker ordered the member for Toongabbie to remove himself from the Chamber until the conclusion of the Treasurer's speech in reply. PD 19/6/2012, 13070; VP 19/6/2012, 1089 8. The Speaker ordered the member for Macquarie Fields to remove him |
| 2011 Cons. Ruling | Speaker made a considered statement clarifying that when a member is removed in accordance with Standing Order 249, that member is excluded from the parliamentary precincts until the adjournment of the House. The Speaker noted that it was established practice that the member excluded has 30 minutes to leave the parliamentary precincts. Hancock, PD 26/05/2011, p 1188 |
| Notes for the Chair | Three calls to order (SO 249) Removal of Member from the House The practice is for the Speaker to remove any Member who has been called to order more than three times during one sitting for a breach of the standing orders. Exclusion from the Chamber in this instance is for the remainder of the sitting, although Speakers have used their discretion to exclude Members only until the end of Question Time. If a Member is removed from the Chamber in accordance with standing order 249 the Member is excluded from not only the House but from the entire Parliamentary precincts, as defined by the Parliamentary Precincts Act 1997. All Members placed on three calls to order In instances where the House is unruly the Speaker may deem all Members who have been called to order to be on three calls. THREE CALLS TO ORDER Removal of Member from the House Speaker: “It having been necessary to call the Member for … to order three times during this sitting, I direct the Deputy Serjeant at Arms to escort the Member from the Chamber” All Members placed on three calls to order Speaker: “In view of the disorderly conduct I place all Members who have been called to order on three calls – and as a consequence any future calls will result in a direction to remove that Member” |
| 2011 Precedent | 1. During Question Time the Speaker directed the Deputy Serjeant-at-Arms to remove the member for Kogarah for continuing to interject after having been called to order three times. PD 25/5/2011, 1044; VP 25/5/2011, 106 2. The Speaker made the following statement clarifying the implications of the removal of a member from the Chamber the previous day: "I wish to make a statement in relation to Standing Order 249. Yesterday during Question Time I ordered the removal of the Member for Kogarah from the Chamber after she had been repeatedly called to order. There appeared to be some confusion as to the implications of the Member’s removal from the Chamber. Standing Order 249 makes it clear that when a member is removed from the House, they are excluded from the entire Parliamentary precincts and cannot take part in any proceeding of the House or its committees. Accordingly, when a member is ordered to be removed from the Chamber in accordance with Standing Order 249 they are excluded from the Parliamentary precincts until the adjournment of the House. It is the established practice that the Member excluded has 30 minutes to leave the precincts."
VP 26/5/2011, 112 3. During Question Time the Speaker directed the Deputy Serjeant-at-Arms to remove the member for Canterbury for continuing to interject after having been called to order three times. PD 16/06/2011, 2552; VP 16/06/2011, 171 4. During Question Time the Speaker directed the Deputy Serjeant-at-Arms to remove the member for Maroubra for disorderly behaviour after having been called to order three times. PD 5/08/2011, 3810; VP 5/08/2011, 255 5. During Question Time the Speaker directed the Deputy Serjeant-at-Arms to remove the member for Heffron for continuing to interject after having been called to order three times. PD 23/8/2011, 4420; VP 23/08/2011, 286 |
| 2010 Precedent | 1. During Question Time the Speaker directed the Deputy Serjeant-at-Arms to remove the member for Willoughby for continuing to interject after having been given a final warning. PD 25/2/2010, 20986; VP 25/2/2010, 1865 2. During Question Time the Speaker directed the Deputy Serjeant-at-Arms to remove the member for Clarence for continuing to interject after having been given a final warning. PD 20/4/2010, 21878; VP 20/4/2010, 1949 |
| 2009 Precedent | 1. During Question Time the Speaker directed the Deputy Serjeant-at-Arms to remove the member for Wakehurst for continuing to interject after being placed on three calls to order. PD 4/3/2009, 12942; VP 4/3/2009, 1174 2. During Question Time the Speaker directed the Deputy Serjeant-at-Arms to remove the Leader of the Opposition for continuing to interject after being placed on three calls to order. PD 5/3/2009, 13070; VP 5/3/2009, 1186 3. During debate on a general business motion the Speaker directed the Deputy Serjeant-at-Arms to remove the member for Blacktown for continuing to interject after being given a final warning. PD 3/6/2009, 15694; VP 3/6/2009, 1395 4. During Question Time the Speaker directed the Deputy Serjeant-at-Arms to remove the member for Murrumbidgee for continuing to interject after being placed on three calls to order. PD 11/11/2009, 19374; VP 11/11/2009, 1701 |
| 2008 Precedent | 1. During Question Time the Speaker directed the Deputy Serjeant-at-Arms to remove the member for Murrumbidgee from the Chamber for continuing to interject after being placed on three calls to order. PD 27/2/2008, 5551; VP 27/2/2008, 525 2. During Question Time the Speaker directed the Deputy Serjeant-at-Arms to remove the member for Bega from the Chamber for continuing to interject after being placed on three calls to order. PD 6/3/2008, 6057; VP 6/3/2008, 567 3. During Question Time the Speaker directed the Deputy Serjeant-at-Arms to remove the member for Hawkesbury from the Chamber for disorderly behaviour for refusing to remove a prop. PD 25/6/2008, 9341; VP 25/6/2008, 823 4. During Question Time the Speaker directed the Deputy Serjeant-at-Arms to remove the Leader of The Nationals for continuing to interject after being placed on three calls to order. PD 29/8/2008, 9705; VP 29/8/2008, 879 5. During Question Time the Speaker directed the Deputy Serjeant-at-Arms to remove the member for Epping for continuing to interject after being placed on three calls to order. PD 12/11/2008, 11279; VP 12/11/2008, 1024 |
| House Forms | Speaker: It having been necessary to call the Member for to order three times during this sitting, I direct the Deputy Serjeant-at-Arms to escort the Member from the Chamber Speaker: In view of the disorderly conduct I place all Members who have been called to order on three calls – and as a consequence any future calls will result in a direction to remove that Member |
| 2007 Precedent | 1. During Question Time the Speaker directed the Deputy Serjeant-at-Arms to remove the Leader of The Nationals from the Chamber for continuing to interject after being placed on three calls to order. PD 27/6/2007, 1938; VP 27/6/2007, 199 2. During Question Time the Speaker directed the Deputy Serjeant-at-Arms to remove the Member for Wakehurst from the Chamber for continuing to interject after being placed on three calls to order. PD 8/11/2007, 3811; VP 8/11/2007, 365 3. During Question Time the Speaker directed the Deputy Serjeant-at-Arms to remove the Member for Myall Lakes from the Chamber for continuing to interject after being placed on three calls to order. PD 8/11/2007, 3814; VP 8/11/2007, 365 4. During Question Time the Speaker directed the Deputy Serjeant-at-Arms to remove the Member for Coffs Harbour from the Chamber for continuing to interject after being placed on three calls to order. PD 5/12/2007, 5164; VP 5/12/2007, 468 |
| 551 Sessional Order | Disorder – Member removed from the Chamber
(adopted 4 April 2012) That, during the current session, unless otherwise ordered, the following sessional order be adopted: 249A. The Speaker may direct a Member who is grossly disorderly to leave the Chamber for up to three hours. The direction shall not be open to debate or dissent. |
| S.O. 288 of 1994 (Repealed) | 288. If a Member's conduct is such that it is necessary for the Speaker or Chairman of Committees to call the Member to order more than three times in any one sitting for any gross breach of the rules, the Speaker or Chairman may direct the removal of the Member from the Chamber by the Serjeant-at-Arms until the adjournment of that sitting. |
| 2006 Precedent | 1. During questions without notice the Speaker ordered the Deputy Serjeant at Arms to remove a member who had been repeatedly called to order. PD 05/09/2006, p 1394; PD 06/09/2006, p 1549; PD 26/09/2006, p 2241; PD 19/10/2006, p 3084 |
| 2005 Precedent | 1. During questions without notice, the Speaker ordered the Deputy Serjeant at Arms to remove the member for Vaucluse after he had previously been placed on three calls to order. PD 07/06/2005, p 16441
VP 07/06/2005, p 1435 2. During the debate on a matter of public importance the Acting-Speaker ordered the Deputy Serjeant-at-Arms to remove the member for Coffs Harbour. PD 18/10/2005, p 18781 |
| 2004 Precedent | 1. During questions without notice, the Speaker directed the Deputy Serjeant-at-Arms to remove a member (Murrumbidgee) who was on three calls to order after he interjected during a Minister's response to a question. PD 17/02/2004, p 6169
VP 17/02/2004, p 577 2. During questions without notice, the Speaker directed the Deputy Serjeant-at-Arms to remove a member (Epping) who interjected by way of a point of order during the Premier's response to a question noting that the member had treated the House in a grossly disorderly way. PD 26/02/2004, p 6719
VP 26/02/2004, p 626 3. During the giving of a mini-budget speech by the Treasurer, the Speaker noted that he had given a member specific warnings about interjecting and that the member had defied those warnings so ordered the Deputy Serjeant-at-Arms to remove the member (Wakehurst) from the Chamber. Following the removal of the member a point of order was raised that the standing orders require the Serjeant-at-Arms to remove members and that the Serjeant was not present in the Chamber. The Speaker advsied the member to study the standing orders more thoroughly before wasting the time of the House with spurious points of order. PD 06/04/2004, pp 8089 - 8090 4. During questions without notice, the Speaker asked the Deputy Serjeant-at-Arms to remove a member (North Shore) noting that he had given her several warnings and had indicated to her that she was on three calls to order. PD 06/04/2004, p 8113 5. During questions without notice, the Speaker directed the Deputy Serjeant-at-Arms to remove a member (Coffs Harbour) who had interrupted the Premier's answer under the guise of a point of order. When the member refused to leave the Chamber he was subsequently named. PD 12/05/2004, p 8885 6. During questions without notice, the Speaker placed the Leader of the Opposition on three calls to order for interrupting the Premier's response to a question. When the Leader of the Opposition continued to interrupt the Speaker directed the Deputy Serjeant-at-Arms to remove him from |
| 2003 Precedent | 1. The Acting Speaker ordered the Deputy Serjeant at Arms to remove the Member for Myall Lakes from the Chamber for the remainder of Question Time having called him to order three times. Another member rose on a point of order arguing that the Chair had double standards and should also remove the Deputy Premier who was flouting repeated rulings about the use of props in the Chamber. The Acting Speaker ordered that member to resume his seat and not to challenge the ruling of the Chair. PD 02/07/2003, 2643 2. Following repeated warnings about wasting the time of the House by raising points of order that have no substance, the Acting Speaker ordered the Deputy Serjeant at Arms to remove the member for Wakehurst. PD 03/07/2003, 2845 3. A member raised a matter of privilege regarding the removal of a member from the Chamber by the Deputy Serjeant at Arms arguing that standing order 288 requires the ejection to be carried out by the Serjeant at Arms, who was not in the Chamber at the time. The member claimed that he was seeking advice for the House, following changes to the position and responsibilities of the Deputy Serjeant at Arms and on the legality of the Deputy, rather than the Serjeant at Arms escorting members from the House. The Acting Speaker reminded members that the Serjeant-at-Arms is also the Clerk-Assistant (Procedure) who has duties at the Table. The Acting Speaker also informed the House that the Deputy Serjeant at Arms acts under the delegation of the Serjeant at Arms and that accordingly he had requested the Deputy to escort the member from the House. PD 03/07/2003, 2848 4. During questions without notice the Speaker made a number of comments about the performance of the Leader of the Opposition in the House in relation to making interjections. The Deputy Leader of the Opposition raised a point of order arguing that the Speaker is responsible for upholding the standing orders of the House and should not denigrate the Leader of the Opposition. The Speaker placed the Deputy Leader of the Opposition on |
| 2002 Precedent | 1. By direction of the Speaker, a Member was removed from the Chamber by the Serjeant-at-Arms. VP 19/9/02, 454
VP 24/9/02, 462
VP 24/9/02, 462
VP 14/11/02, 599
VP 14/11/02, 600
VP 19/11/02, 620
VP 20/11/02, 637 |
| 2001 Precedent | 1. By direction of the Speaker, a Member was removed from the Chamber by the Serjeant-at-Arms. VP 28/2/01, 1062
VP 11/4/01, 1189
VP 29/5/01, 1215
VP 20/6/01, 1293
VP 26/6/01, 1339
VP 18/10/01, 1531
VP 24/10/01, 1554
VP 7/11/01, 1593
VP 8/11/01, 1603
PD 14/11/01, 18615
VP 27/11/01, 1655
VP 28/11/01, 1670
VP 28/11/01, 1670
VP 5/12/01, 1723 2. The Speaker ordered Members to remain silent and seated while the Chair was speaking and asked the Serjeant-at-Arms to request a Member to see him in his suite. VP 29/5/01, 1215 3. Following the removal of an Opposition Member from the Chamber by the Serjeant-at-Arms, another Member of the Opposition took a point of order that he was not aware that the Member had been called to order once, let alone three times. The Speaker advised he had placed every Member on three calls to order. PD 28/11/01, 19063. |
| 2000 Precedent | 1. By direction of the Speaker, a Member was removed from the Chamber by the Serjeant-at-Arms. VP 05/04/00, 357
VP 06/04/00, 373
VP 12/04/00, 391
VP 12/04/00, 407
VP 12/04/00, 407
VP 29/06/00, 669
VP 09/08/2000, 701
VP 12/10/2000, 799
VP 23/11/2000, 934
VP 30/11/2000, 985 |
| 1999 Precedent | 1. By direction of the Speaker, a Member was removed from the Chamber by the Serjeant-at-Arms. VP 23/06/99, 161
VP 22/09/99, 107
VP 23/09/99, 118
VP 20/10/99, 142
VP 26/10/99, 160
VP 10/11/99, 218
VP 18/11/99, 265
VP 18/11/99, 274 (two members) |
| 1998 Precedent | 1. By direction of the Speaker, a Member was removed from the Chamber by the Serjeant-at-Arms. VP 31/03/98, 437
VP 02/04/98, 465
VP 28/04/98, 498
VP 29/04/98, 513
VP 07/05/98, 576
VP 19/05/98, 585
VP 21/05/98, 610
VP 28/05/98, 661 (two members)
VP 16/06/98, 724
VP 23/06/98, 757
VP 08/09/98, 825
VP 23/09/98, 882
VP 13/10/98, 917
VP 14/10/98 933 |
| 1997 Precedent | 1. By direction of the Speaker, a Member was removed from the Chamber by the Serjeant-at-Arms. VP 09/04/97, 754 (two members)
VP 10/04/97, 766
VP 15/04/97, 772
VP 22/04/97, 806
VP 06/05/97, 288
VP 06/05/97, 831
VP 07/05/97, 842
VP 13/05/97, 865
VP 14/05/97, 879
VP 21/05/97, 917 (two members)
VP 28/05/97, 962
VP 19/06/97, 1042 (three members)
VP 17/09/97, 45
VP 23/9/97
VP 15/10/97, 132
VP 23/10/97, 200
VP 12/11/97, 231
VP 20/11/97, 293
VP 26/11/97, 320 |
| 1996 Precedent | 1. By direction of the Speaker, a Member was removed from the Chamber by the Serjeant-at-Arms. VP 30/5/96, 212 (three members)
VP 17/9/96, 381 2. Leave refused for member to move a motion to suspend standing orders to allow a suspended member to return to the House. PD 30/5/96, 1848 |
| 1995 Precedent | 1. By direction of the Speaker, a Member was removed from the Chamber by the Serjeant-at-Arms
VP 23/5/95, 38
PD 12/10/95, 1716
VP 26/10/95, 356
VP 6/12/95, 483 |
| 1993 Precedent | 1. By direction of the Speaker, a member was removed from the Chamber by the Serjeant-at-Arms. Several points of order , both and against the suspension, were raised. The Speaker ruled that he had no desire to remove from the services of the House the person who was leader of Opposition business in the House. Nevetheless, the person who holds that office was not immune from action being taken against him for failing to uphold the dignity and discipline of the House. He proposed to adhere to his original direction. He was willing, as was the custom and practice, to receive before the end of questions an apology conveyed by another member of the member's party and he would then consider re-admitting the member. An apology on behalf of the member was subsequently conveyed to the Speaker in the Chair and the member was re-admitted. PD 19/11/93, 5859, 5863
VP 19/11/93, 594, 595-6 |
| 1992 Precedent | 1. By direction of the Speaker, a member was removed from the Chamber by the Serjeant-at-Arms. VP 20/3/92, 153 |
| 1991 Precedent | 1. By direction of the Speaker, a member was removed from the Chamber by the Serjeant-at-Arms. VP 23/10/91, 277 |
| 1990 Precedent | 1. The Speaker ordered the removal of the Leader of the Opposition from the House after he failed to withdraw and apologise for referring to the Deputy Premier as a 'crook' as directed. PD 15/11/1990, pp 9794 - 9795 |