The Houses of Parliament do not sit every working day of the year. Ministers and Members have full roles outside sitting times and the business of Parliament does usually not require more than 50-60 sitting days each year.
Annual sittings are divided into two sessions - the Budget Session (from February to early July) and the Spring Session (from September to December).
Most sitting weeks are three days, sometimes four, usually Tuesday to Thursday and often Friday as well.
Sitting hours vary between the two Houses, usually beginning at 12.00pm in the Legislative Assembly and 12.30pm in the Legislative Council on Tuesdays, and 10.00am on other days. Sittings usually end around 10 or 10.30 in the evening.
Details of sitting day programs are provided for each Chamber but the agenda below gives a generalised view of the routine of a sitting day.
A Typical Sitting Day:
- Presiding Officer takes the Chair
- The Prayer
- Ministerial Statements
- Notices of Motions
- Tabling of Papers (eg Departmental Reports)
- Presentation of Petitions
- Placing or Disposal of Business (allows Members to withdraw or postpone any item of business they have put up)
- Tabling of Reports from Parliamentary Committees
- Question Time
- Motions for Urgent Consideration
- Matters of Public Importance
- Government Business (Legislation)
- Private Member's Statements (Members may make brief speeches on matters of particular concern to them)
- Adjournment
Procedures and Processes of the Houses
Bells - Electronic bells sound throughout the Parliament to indicate that the day's proceedings are about to commence or resume; that a division (vote) has been called; or that more Members are required to form a quorum. The Council and Assembly Bells have a different sound and the period of ringing varies, eg usually 4 minutes in the case of a call to a division.
Divisions and Voting - Most votes in either House are taken "on the voices". Members say "aye" or "no" and the Presiding Officer says which side is in the majority. If a Member disagrees with the Presiding Officer's determination, a division may be called for. Bells are rung, at the end of which the doors to the House are locked and Members present divide, those in favour moving to the side of the Chamber to the right of the Presiding Officer's chair, and those opposing to the left. The Presiding Officer appoints tellers to count on each side and the results are collated by the Clerks and announced by the Presiding Officer. The way Members vote in a division is also recorded in Hansard. This is why Members sometimes call for a division, so that on a controversial issue the way individual Members voted is actually on record.
The Presiding Officer normally does not vote unless there is the same number of votes for both sides, in which case they have a casting vote.
Pairs - When Members have approved business that they know will keep them away from the Chamber, the major parties arrange pairs whereby if a Member from one party is absent, then one Member from the other party will also be absent for a division. This is to avoid votes which do not reflect the true state of the parties in the House. However, if a Member is simply late or absent for an unapproved reason, the party simply loses their vote in that division. Missing a vote is not taken kindly by party leaders.
Tabling of Reports and Papers - Tabling papers is an important method of making information available to the House and the public. Generally, once a paper is tabled in the House it becomes a public document and when ordered to be printed, attracts parliamentary privilege and becomes part of the permanent Parliamentary record. Some papers, for various legal, security or other reasons, may be restricted to Members only.
Parliamentary Privilege - The Houses of Parliament and the members within them have certain rights which the rest of the community does not always have. These privileges include freedom of speech; control over legislation, discussion and procedures Parliament adopts; and the right to exclude the jurisdiction of the courts.
For example, a statement may be made under privilege in Parliament by a Member which, if it was made outside the Parliament, could become subject to a defamation action in court. This right to free speech is essential to allowing free and full debate of the matters before Parliament - for example, if discussion about a bill to change an existing law was restricted by that law, then it would not be possible to properly and openly discuss the implications of the proposed new law.
This does not mean that Members can say whatever they like while in Parliament. Debate is subject to many rules and restraints developed by the Houses themselves over the years and which are enforced by the Presiding Officers. A breach of privilege by a Member can be regarded as contempt of Parliament. The Legislative Council also has a Parliamentary Privileges and Ethics Committee before which such breaches may be put.
The privileges allowed to the NSW Parliament are only those which common law has established for any similar legislative body.
Question Time
Question Time is one of the most significant parts of the Parliamentary day. This is because almost all the Members are present in the Chamber and topical and challenging questions often arise which may highlight and reveal major issues or problems. Question Time has a theatrical quality which attracts the press and visitors because it can be controversial for the Government. More importantly, it is the clearest demonstration in Parliament of the concept of responsible government under the Westminster system.
Under the Westminster system, Ministers are and remain Members of Parliament and must answer to the Parliament for their actions and the actions of the Government. Question Time, in particular, is the Opposition's opportunity to ask the questions that scrutinise the Government's programs and to receive answers. Inevitably, questions asked of Minsters by the Opposition are intended to reveal something or embarrass the Government, while questions asked by Government backbenchers usually give Ministers the opportunity to highlight something positive in the Government's program. Ministers are required by the rules and conventions to give an answer and one which is neither untruthful nor misleading.
Question Time is usually the most "popular" time of the day for visitors and the Visitors' Galleries are often filled. It is advisable to book ahead for the Legislative Assembly Question Time by phoning the Legislative Assembly Attendants on Sydney 9230 2637.
There are two types of questions asked: Questions Without Notice and Questions On Notice.
Questions Without Notice - These are the questions asked in Question Time. Ministers do not receive notice of the questions to be asked (at least, not from the Opposition). The rules and times for Question Time vary between the two Houses.
As the Premier and most Ministers sit in the Legislative Assembly this is where the most interest usually centres in Question Time. The Legislative Assembly usually commences Question Time at around 12.00pm on Tuesdays and 11.00am on Wednesdays and Thursdays. Question Time is limited to 55 minutes or 14 answers, whichever takes longer and cannot be longer than 70 minutes. The Leader of the Opposition is entitled to ask the first question. Any Member may then seek the call, but traditionally questions alternate between Government and Opposition Members. Crossbench Members are permitted at least two questions per Question Time, at question numbers 5 and 13.
In the Legislative Council there are less Ministers so that the challenge to the Government in Question Time can be less direct. The length of Question Time is at discretion of the Leader of the Government, but is usually an hour. There is no limit to the number of questions other than time and supplementary questions are often allowed. The President rotates question opportunities in the order of Opposition, Cross Bench, Government. Question Time takes place at 1.30pm on Tuesdays and 11am on Wednesdays and Thursdays.
Questions On Notice - These are questions asked of Ministers in writing and the answers are also given in writing. They are tabled in the Parliament but are not the subject of any Parliamentary debate in themselves. there is no limit to the number of these questions.
