PARLIAMENTARY PROCEDURES GUIDE

Parliamentary Services Branch

Ph: 6552 5897 Fax: 6552 5669

July 2013

TABLE OF CONTENTS
1. DRAFTING A BILL .......................................................................................................... 1 Cabinet approval .................................................................................................................... 1 Party Room approval ............................................................................................................. 2 2. PREPARING A BILL FOR PARLIAMENT ........................................................................... 3
Final Printed version of the Bill ...................................................................................................... 3 Notice of Motion document ....................................................................................................... 3 Governors Message....................................................................................................................... 3 Second Reading Speech ................................................................................................................. 3 Explanatory Memorandum ............................................................................................................ 4 Contact details for agency staff...................................................................................................... 4

3.

PASSAGE OF LEGISLATION THROUGH PARLIAMENT ...................................................... 5

Introduction (Day one) ................................................................................................................... 5 First and second reading (Day two) ............................................................................................... 5 Second reading debate .................................................................................................................. 5 Consideration in Detail / Committee stage .................................................................................... 6 Referral to Parliamentary Committee ............................................................................................ 6 Third reading stage......................................................................................................................... 7 Presentation of Bill to the other House ......................................................................................... 7 Royal Assent ................................................................................................................................... 7 Commencement of Act .................................................................................................................. 7

4.

PARLIAMENTARY BUSINESS ......................................................................................... 8

Sitting Times ................................................................................................................................... 8 Petitions ......................................................................................................................................... 8 Disallowance Motions .................................................................................................................... 8

Business of the House: Legislative Assembly......................................................................... 9

Brief Ministerial Statements .......................................................................................................... 9 Private Members Business ............................................................................................................. 9 Grievances ...................................................................................................................................... 9 Matter of Public Interest .............................................................................................................. 10 Ministerial Statements ................................................................................................................. 10

Business of the House: Legislative Council .......................................................................... 11

Order of Business ......................................................................................................................... 11 Ministerial Statements ................................................................................................................. 11

5.

QUESTIONS ................................................................................................................ 12 Questions on Notice............................................................................................................. 12

Responses..................................................................................................................................... 12 Whole of Government responses ................................................................................................ 13 Deadlines ...................................................................................................................................... 13

Questions Without Notice ................................................................................................... 13

Legislative Council ........................................................................................................................ 13 Legislative Assembly..................................................................................................................... 14

6.

TABLING OF PAPERS ................................................................................................... 15 Annual Reports..................................................................................................................... 15 Subsidiary Legislation ........................................................................................................... 15 Reports and other Papers .................................................................................................... 15 7. PARLIAMENTARY COMMITTEES ................................................................................. 16 Legislative Council Committees ........................................................................................... 16 Legislative Assembly Committees........................................................................................ 16 Joint Committees ................................................................................................................. 16 APPENDIX A: PARLIAMENTARY RULES AND PROTOCOLS .................................................... 17 APPENDIX B: LEGISLATIVE ASSEMBLY: ORDER OF BUSINESS ............................................... 20 APPENDIX C: LEGISLATIVE COUNCIL: ORDER OF BUSINESS.................................................. 21

iv

1. DRAFTING A BILL
A Bill is a draft of a proposed Act of Parliament. The majority of Bills deal with the management of public affairs and are introduced into either House of Parliament by a Minister, although any Member is entitled to introduce a Bill. A Bill introduced by a Member of an Opposition Party or Independent Member is called a Private Members Bill (also see Private Members Business).

Cabinet approval
Drafting a Bill
A Minister must seek Cabinet approval for new legislation to be drafted. Guidelines for preparing a Cabinet submission are available in the Cabinet Procedures section of the Cabinet Handbook.

Drafting instructions and priority

Detailed drafting instructions should be included in Cabinet submissions seeking approval to draft legislation, unless there are exceptional circumstances. Before these drafting instructions are finalised by an agency, consultations should be undertaken with individuals and bodies likely to be affected by the proposal. For information on drafting instructions, please refer to the: Cabinet Procedures section of the Cabinet Handbook; and Parliamentary Counsels Offices Getting Legislation Drafted and Enacted Guidelines and Procedures, which explains the legislation process and lists the responsibilities of Parliamentary Counsel and agency officers. The Cabinet Minutes Urgency section should include suggested drafting priority or timing of the introduction of proposed legislation to, and passage through, Parliament. When Cabinet approves a Bill to be drafted, the Bill is automatically listed for consideration by the Legislation Standing Committee of Cabinet (LSCC), which will set a drafting priority and recommend timing for the Bills introduction to Parliament. After Cabinets approval to draft, the following actions should occur: 1. Ministers Office The Ministers Office should forward the Cabinet Decision to the instructing agencys CEO. A copy of the Decision should be retained. 2. Instructing Agency When notified of Cabinets approval, the instructing agency must contact Parliamentary Counsels Office and forward drafting instructions and relevant material. This should be undertaken as soon as possible, irrespective of whether the LSCC has allocated a drafting priority.

Additional material may assist the drafting process, such as: background information on the issue; other legislation from Western Australia or elsewhere ; and legal opinions or Court decisions. The instructing agency must nominate a senior officer as the designated Instructing Officer. This person should be familiar with the legislative proposal and able to make, or readily obtain, decisions on policy. 3. Parliamentary Counsels Office The Parliamentary Counsels Office (PCO) prepares Bills in the Governments legislative program according to the Governments priorities. PCO also prepares other forms of legislation such as: regulations, rules, by-laws and other instruments; Private Members Bills; and various Executive Council minutes, proclamations, orders, commissions, warrants, appointments etc. Contact details: 13th Floor, 141 St Georges Terrace PERTH WA 6000 Ph: (08) 9264 1444

4. Legislation Standing Committee of Cabinet Based on the Cabinet Minute, Cabinet Decision and drafting instructions, the LSCC allocates drafting priorities and includes proposed Bills in the legislative program. The LSCC may not allocate any drafting priority to a Bill if the instructing agency has not provided PCO with detailed drafting instructions. The LSCC is supported administratively by the Parliamentary Services Branch.

Approval to print a Bill

Once PCO has finalised the draft legislation, in conjunction with instructing and ministerial officers, and with the Ministers endorsement, Cabinets approval to print the Bill must be sought. This involves a new Cabinet submission including the draft Bill. Refer to the Cabinet Procedures section of the Cabinet Handbook for further information. At this point, the instructing officer should have finalised the Bills second reading speech and explanatory memorandum.

Party Room approval

Political Parties have internal Parliamentary Committees comprising backbench Members. While the Committees are not formal entities, they are responsible for reviewing proposed legislative amendments within the portfolio area allocated to them. When Cabinet approves a Bill for printing, the Minister must present the Bill and any associated explanatory material to the Party Room for approval. The Party Room Secretary (9222 7420) can assist with this process. The Party Room generally meets on the Tuesday morning of a Parliamentary sitting week.
2

2. PREPARING A BILL FOR PARLIAMENT

The following are required for a Bill to be introduced into Parliament: Printed version of the Bill Notice of Motion document Governors Message (for Money Bills only) Second Reading Speech Explanatory Memorandum Contact details for agency staff

Final Printed version of the Bill

Parliamentary Services Branch advises PCO when Cabinet has approved the printing of a Bill. PCO will arrange for the Bill to be printed by the State Law Publisher (SLP), which is responsible for the publication and dissemination of statutory information on behalf of Parliament and other clients. The printed Bill is forwarded directly by SLP to the relevant House of Parliament and held securely until the Bill is first read by the Minister in Parliament. The SLP is a division of the Department of the Premier and Cabinet: Contact details: Ground Floor, 10 William Street PERTH WA 6000 Ph: (08) 9426 0000 Fax: (08) 9321 7534

Notice of Motion document

When Cabinet has approved a Bill for printing, PCO finalises the notice of motion required to introduce the Bill into Parliament. Copies of the notice of motion document are issued to the Ministers office, the Bills instructing officer and the Parliamentary Services Branch. Parliamentary Services Branch will provide the responsible Minister with the Notice of Motion to be read in the House.

Governors Message
Any Bill appropriating revenue requires a Governors Message, which is arranged by the Parliamentary Services Branch. Note also the constitutional requirement for any Bill that appropriates revenue to be introduced in the Legislative Assembly.1

Second Reading Speech

The second reading speech is usually prepared by the instructing officer in conjunction with the ministerial office and the Minister. Usually it is brief less than 1000 words and outlines the policy objectives of the Bill. It should not include a clause-by-clause description of the Bill, which is provided in the Explanatory Memorandum.

Section 46(1) of the Constitution Acts Amendment Act 1899

3

In order to introduce a Bill, the Parliamentary Services Branch requires: a hard copy for the Minister to read, formatted to the Ministers preference; 30 hard copies (12 point, single spaced, double sided) for MPs; and an electronic version of the speech (Word, not PDF). Please note, Legislative Council Standing Order 126(1) requires a second reading speech to include advice as to whether or not the Bill is a uniform legislation Bill and shall give reasons as to why. A uniform legislation Bill will be referred to the Legislative Councils Uniform Legislation and Statutes Review Committee for consideration. Suggested wording for uniform legislation Bills
Pursuant to Legislative Council Standing Order 126(1), I advise that this Bill is a uniform legislation Bill. It is a Bill that ratifies or gives effect to an intergovernmental or multilateral agreement to which the Government of the State is a party.

OR
Pursuant to Legislative Council Standing Order 126(1), I advise that this Bill is a uniform legislation Bill. It is a Bill that, by reason of its subject matter, is part of a uniform scheme or uniform laws throughout the Commonwealth.

Suggested wording for Bills that are not uniform legislation Bills:
Pursuant to Legislative Council Standing Order 126(1), I advise that this Bill is not a uniform legislation Bill. It does not ratify or give effect to an intergovernmental or multilateral agreement to which the Government of the State is a party. Nor does this Bill, by reason of its subject matter, introduce a uniform scheme or uniform laws throughout the Commonwealth.

Details of the intergovernmental agreement or uniform scheme should be provided in the second reading speech. Standing Order 126(5) requires relevant information to be forwarded to the Uniform Legislation and Statutes Review Committee within three working days after referral.

Explanatory Memorandum
An Explanatory Memorandum (EM) must accompany each Bill when it is first read in the Legislative Assembly (Standing Order 162(2)) and Legislative Council (Standing Order 121). The EM provides the rationale for the Bill and explains how each clause of the Bill achieves its objectives. An effective EM can assist the passage of a Bill through Parliament and eliminate unnecessary enquires to Ministers and departments. While there are no specific requirements, it should be concise and written so a person with reasonable general knowledge can understand the objective of each clause. The Parliamentary Services Branch will require: 30 hard copies (12 point, single spaced, double sided) for distribution to MPs an electronic copy (Word, not PDF)

Contact details for agency staff

Parliamentary Services branch will need names and contact numbers (including after hours) for advisers who may need to attend Parliament when the Bill is debated.
4

3. PASSAGE OF LEGISLATION THROUGH PARLIAMENT

Parliamentary Services Branch will liaise with the Ministers office regarding the timing of a Bills introduction.

Introduction (Day one)

The Minister must rise in the House to give notice of a motion for a Bill to be introduced at the next sitting. This is the notice of motion document prepared by Parliamentary Counsels Office. A copy of the notice of motion will be attached to the Ministers parliamentary day sheet prepared by Parliamentary Services Branch and placed on the Ministers desk in the chamber.

First and second reading (Day two)

The Minister rises in the House and moves that the Bill be read a first time and provides a copy of the printed Bill, along with a copy of the EM. This motion is voted on and the Clerk then reads the long title of the Bill. The Bill is publicly available after the first reading. The Minister then moves that the Bill be read a second time and proceeds to the second reading speech. Parliamentary Services will deliver a copy of the printed Bill, second reading speech and EM to the Ministers desk in the House and distribute copies for other Members. Generally there is no further debate on the Bill at this stage: In the Legislative Council, it is customary for a Bill to be left on the Notice Paper for at least one calendar week before the second reading debate can commence. In the Legislative Assembly, Standing Order 168(1) provides that debate on a Bill originating in the Assembly is adjourned for three calendar weeks. Briefing Opposition Parties It is common for Opposition and Independent Members to be offered briefings on legislation proposed by Government. Generally the instructing officer, through the Ministers office, offers the briefing after the Bill has been second read, but before the commencement of the second reading debate. Chamber protocols for ministerial and departmental staff Ministerial advisers and senior departmental officers may be required to assist Ministers as a Bill progresses through the Houses. The procedures and administration of the Assembly and Council are different. See Appendix A: Parliamentary Rules and Protocols.

Second reading debate

Parliamentary Services Branch will notify the Ministers office when the second reading debate is scheduled to commence. The Ministers office must advise instructing officers when they should be available.

The scheduling of business in the Legislative Assembly is determined by the Leader of the House, and in the Legislative Council, by the Leader of the Government in that House. The second reading debate is the most important phase for a Bill, as its entire foundation is considered. Each Member of the House is entitled to make one speech during this debate, after which the main vote on the Bill will occur. The overall length of the second reading debate is determined by the nature of the policy issues in the proposed legislation and the number of Members who speak.

Consideration in Detail / Committee stage

A Bill generally proceeds to the next stage, known in the Legislative Assembly as Consideration in Detail and in the Legislative Council as Consideration in Committee. This involves clause-by-clause consideration of the Bill and is the opportunity for Members to move any amendments to clauses. The Minister will move to the table of the House, accompanied by advisers, if required. An uncontroversial or straightforward Bill may, with Members consent, proceed directly to the third reading without going into the Consideration in Detail / Committee stage. Proposed Opposition amendments Opposition Members may propose amendments, which will appear towards the end of the Parliamentary Notice Paper in the Legislative Assembly, or for the Legislative Council, in the Supplementary Notice Paper. Written amendments may also be moved on the floor of the House, during the debate. Proposed Government amendments The Minister may propose amendments, which will be prepared by PCO in consultation with the instructing officer. To submit the amendments, Parliamentary Services Branch requires: a hard copy signed by the Minister; and an electronic copy (Word, not PDF).

Referral to Parliamentary Committee

Either House may opt to refer a Bill to a Committee as an alternative to the House considering a Bill in Detail / Committee stage. This allows a small group of Members to meet outside the House to consider in detail the legislation. In the Legislative Council, legislation relating to intergovernmental matters is automatically referred to the Uniform Legislation and Statutes Review Committee if it (see Legislative Council Committees below). Note that Legislative Council Standing Order 126(5) requires relevant information to be forwarded to the Uniform Legislation and Statutes Review Committee within three working days after referral.

Third reading stage

An amended Bill must be reprinted before the third reading stage, so the third reading usually will occur on the next sitting day. Reprinting is arranged by Parliament House officers and the State Law Publisher. Further debate may occur at the third reading stage, and is more likely when a Bill is contentious. All Members are entitled to speak during this stage. When the vote is taken at the end of the third reading debate, the Bill has completed its passage through that House.

Presentation of Bill to the other House

The approved Bill, accompanied by an appropriate Message, is sent to the other House where a similar process to the above will commence. This transmission process is managed by parliamentary officers from each House. Parliamentary Services Branch will contact the Ministers office or instructing officer to arrange for changes to the second reading speech to reflect amendments to the Bill during its passage through the first House. The second reading speech must also be altered so references to the Speaker, President or Minister are appropriate to the House about to consider the Bill. Any further amendments to the Bill must be returned to the original House for consideration before the Bill is finally passed by Parliament.

Royal Assent
A Bill approved by both Houses of Parliament is certified by the Clerk of the Parliament and Parliamentary Counsel and presented to the Governor for Royal Assent. This process is managed by the Department of the Premier and Cabinets Executive Government Branch.

Commencement of Act
Section 2 of an Act usually states the manner in which it will come into effect. An Act may specify that it will become operational: on a date specified in the Act; on the day on which it receives the Royal Assent; and by proclamation in the Government Gazette It is also possible for an Act to have a combination of these methods so various sections come into effect at different times. If none of the above is stipulated, the Act will be deemed to have commenced 28 days after Royal Assent. For more detail on the proclamation process, see Parliamentary Counsels Offices Getting Legislation Drafted and Enacted Guidelines and Procedures.

4. PARLIAMENTARY BUSINESS
Sitting Times
Legislative Assembly: Tuesdays: 2.00pm - 10.00pm (break from 6.00pm 7.00pm) Wednesdays: 12.00 noon -7.00pm (No breaks) Thursdays: 9.00 a.m.-5.00pm (break from 1.00pm 2.00pm) Legislative Council: Tuesdays: 3.30pm 10.25pm (break from 6.00pm - 7.30pm) Wednesdays: 4.00pm 10.25pm (break from 6.00pm - 7.30pm) Thursdays: 11.00am 6.00pm (break from 1.00pm to 2.00pm)

Petitions
A petition must conform to the Standing Orders of the House to which it is presented. Petitions presented to the Legislative Council automatically stand referred to the Environment and Public Affairs Committee of that House for consideration. A petitions covering page will be forwarded to the relevant Minister for their information and any action considered appropriate. Should a response be necessary, copies of the complete petition can be obtained from Parliament House. Legislative Council Procedure Office: Ph: 9222 7384 Fax: 9321 8650 Ph: 9222 7381 Fax: 9321 2901

Legislative Assembly Office:

Disallowance Motions
The Standing Orders of each House provide for Disallowance Motions relating to subsidiary legislation (such as regulations, rules, local laws and by-laws) laid before Parliament. In the Legislative Assembly any motion by Opposition Members to disallow a regulation would normally be debated during Private Members Business and, if not brought on for debate by either the Opposition or the Government, would lapse upon the prorogation of Parliament. In the Legislative Council, when ten sitting days have elapsed from when the disallowance motion was first moved, the motion must be debated and put to a vote on the next sitting day. In the event Parliament is prorogued before the question is resolved, a disallowance motion is deemed to be resolved in the affirmative, thereby disallowing the instrument.

Business of the House: Legislative Assembly

A sitting day in the Legislative Assembly generally includes: Prayers; presentation of petitions; presentation of papers for tabling; giving Notices of Motion; Brief Ministerial Statements; Questions without Notice; and Government Business (Notices of Motion and the passage of Bills). In addition, the business of the House may include: Matters of Public Interest; Private Members Business; Committee Reports; Grievances; and Members 90-Second Statements.

Brief Ministerial Statements

Legislative Assembly Standing Order 149 allows a Minister to make a Brief Ministerial Statement (BMS) to the House not exceeding three minutes (approximately 500 words). No debate follows the BMS, which is usually given early in the days proceedings. An electronic copy of the BMS should be forwarded to the Manager of the Parliamentary Services Branch at least one hour before the BMS is to be made, along with 12 hard copies. Twelve copies must also be provided of any additional information tabled with the BMS.

Private Members Business

Private Members Business allows opposition parties an opportunity to discuss their own motions and Bills. This is usually scheduled from 4.00pm to 7.00pm on Wednesdays. Parliamentary Services Branch is advised by the Opposition on Tuesday afternoons which issues will be raised during Private Members Business. This information is forwarded as soon as possible to Ministers offices. When Opposition and Independent Members give notice of motions and Bills, Parliamentary Services Branch will forward any relevant information to the responsible Ministers Office. The Ministers Office may then seek information from the relevant agency. The Minister may also consider discussing the Bill or motion in Cabinet and/or the Party Room so a whole-of-Government position is adopted.

Grievances
Grievance debates are usually scheduled after BMSs every Thursday morning. Each Grievance debate is limited to fourteen minutes; seven minutes for a Member to raise the grievance and seven minutes for a Minister to reply. Generally, four Grievances are raised each week - two by Opposition/ Independent Members and two by Government Members. Parliamentary Services Branch will notify a Ministers office on Wednesday afternoon when an Opposition Grievance is to be raised on Thursday morning.
9

Government Members grievances are coordinated by the Office of the Legislative Assembly Government Whip (Ph: 9222 7201; Fax: 9322 4411).

Matter of Public Interest

Matter of Public Interest (MPI) debates provide an opportunity for the Opposition to raise issues considered topical at that time. Only one MPI debate is permitted each week under Standing Orders. MPI debates follow Question Time, at approximately 2.45pm. Standing Order 145(2) provides that an MPI be submitted to the Speaker in writing by 12 noon on the day it is to be debated. Parliamentary Services Branch will advise relevant Ministers when notified by the Speaker that an MPI has been submitted. Standing Orders provide a maximum of 30 minutes for Opposition Members to speak on the matter and 30 minutes for Government Members. A further five minutes are available for other Members. The Leader of the House, the Premier and the relevant Minister determine the order of Government speakers on an MPI debate and any proposed amendments to an MPI motion.

Ministerial Statements
Legislative Assembly Standing Order 150 allows a Minister, with the leave of the House, to make a Ministerial Statement not exceeding twenty minutes. Other Members may speak for up to fifteen minutes in response. These statements may occur at any time but generally are early in the days proceedings. It is a convention that copies of the statement and any report or paper that may be tabled (not reports that require an order that the report be published by Parliament), must be supplied to the Leader of the Opposition, Shadow Minister and all Independent Members in that House at least two hours before the statement is made. If this requirement is not met, leave to make the statement may be denied by Members of the House. Twelve hard copies of the statement plus any associated papers must also be delivered to the Parliamentary Services Branch at least one hour before the House sits that day. An electronic version should also be provided.

10

Business of the House: Legislative Council

Order of Business
Under Standing Orders 14, formal business at the commencement of each sitting day will proceed in the following order: prayers, condolence motions, reporting of Governors messages, presentation of petitions, statements by Ministers and Parliamentary Secretaries, presentation of papers for tabling, giving notices of: o questions o motions to introduce Bills o motions to disallow statutory instruments o motions and motions without notice orders of the day. Other business each week includes: Questions without Notice each sitting day at 4.30pm Disallowance motions Motions on Notice (Wednesday) Committee Reports (Wednesday) Non-Government Business (Thursday) Private Members Business (Thursday) Members Statements (each sitting day, before the House adjourns)

Ministerial Statements
A Minister or Parliamentary Secretary may make a statement at the time specified under Standing Order 14, or by leave when no other business is before the Council. Thirty copies of the statement and associated documents must be supplied to the Parliamentary Services Branchs Legislative Council officers at least one hour before the House sits that day. An electronic version must also be provided.

11

5. QUESTIONS
Questions on Notice
Ministers may be asked questions relating to their portfolio responsibilities by any other Member of either House of Parliament. A Question is submitted to Parliament House staff for inclusion in the Daily Questions, which are electronically forwarded to the Parliamentary Services Branch on each sitting day. Parliamentary Services Branch distributes questions to the Ministerial Office via a database operating within DPC. Each Ministerial office has designated officers who can access the database and are responsible for co-ordinating responses to Questions. Ministers offices should have alternative arrangements in place in the event the designated officer is absent or on leave. Please contact the Parliamentary Services Branch should other officers require access to the database. Parliamentary Services Branch will advise Ministers offices (via e-mail) of: NEW questions in the system; all outstanding questions (notification sent on Friday of each sitting week); any impending due dates; and other important details as they arise. A complete listing of parliamentary questions asked on any given day is available through the Parliament House web site.

Responses
Answers approved by a Minister should be returned to the Parliamentary Services Branch (with one original signed by the Minister) and also transferred electronically in the database. You must ensure the hardcopy exactly matches response in the Parliamentary Questions Database. Successfully submitted answers will appear in Hansard, after which it is considered to be on the public record. All relevant information should be incorporated into the Ministers answer. Please refer to attached papers only when necessary. Further advice on Parliamentary Questions and the Parliamentary Questions Database is available to ministerial officers via training manuals. To obtain a copy or arrange staff training please call the Parliamentary Services Branch on 6552 5860. Attachments Answers to Questions on Notice that include a graph, table or a report or document must be tabled separately from the question response itself. The response should refer to attachments as follows: [see tabled paper no.]. Parliament House staff will allocate a tabled paper number to the submission. Six copies plus an Electronic copy of the attachment must be forwarded to Parliamentary Services.
12

Whole of Government responses

The Parliamentary Services Branch will coordinate responses for questions directed to multiple, or all, Ministers. For further information contact the Branch on 6552 5860.

Deadlines
Answers to questions on notice must be received by 4.00pm the day before each sitting day. Answers not received by this time are deferred to the next sitting day. Answers must be delivered to: Parliamentary Services Branch 1 Parliament Place WEST PERTH WA 6005 Answers are checked by Parliamentary Services staff. The Ministers Office will be contacted in the event there are problems. If everything is in order, answers are submitted to Parliament House for inclusion in Hansard. Legislative Assembly Only Under Standing Order 80(2), all Questions on Notice must be answered within one calendar month of the date they were asked. A Member who has not received a response to a Question on Notice may rise in the House and ask the relevant Minister why no response has been forthcoming. For example, when a question was asked on 2 April, the Minister has until 2 May to submit an answer. In the event no answer is submitted, then the member who asked the question could rise in the House on 3 May and ask why no answer was provided. Legislative Council Only Under Standing Order 107(2), all Questions on Notice must be answered within the next nine sitting days of the date they were asked. If it remains unanswered after that time, the Minister must rise in the House, following questions without notice, to advise when an answer is expected to be provided.

Questions Without Notice

Legislative Council
Question Time in the Legislative Council is at 4.30pm on Tuesday, Wednesday and Thursday. Questions Without Notice of which some notice is given are presented by Members before Question Time each sitting day. Members may present Questions without Notice directly to Parliamentary Services staff before Question Time on each sitting day. These questions are immediately forwarded to the relevant Ministers office for response. Questions Without Notice may also be directed to a Minister who represents another Minister in Legislative Assembly.

13

Every effort must be made to answer Questions Without Notice on the day they are asked. If a response cannot be prepared for Question Time, then the following statement should be provided in writing:
I thank the Hon. Member for some notice of this Question. It is not possible to provide the information in the time available and I request that the Member place the question on notice.

The Ministers Office is responsible for answering the question, obtaining approval by the Minister and returning it to the Parliamentary Services officer at least two hours before Question Time commences. Tabling of information/documents Questions without Notice in the Legislative Council. (1) When tabling information or documents as part of a response, Ministers may table the item without seeking leave from the House (i.e. I table the report entitled...) (2) When a response is too detailed or lengthy to be read out, Ministers may seek leave to have it incorporated into Hansard; providing it is in a standard format (e.g. a Word document). There is no point tabling the document in addition to this response. (3) If part of an answer contains a substantial document or maps/plans etc (something Hansard is unable to incorporate) but the Minister wishes to provide other information (that can be included in Hansard), then the Minister can table a document and seek leave to incorporate the answer into Hansard (i.e. I table the attached document and seek leave to incorporate the answer into Hansard)

Legislative Assembly
Question Time in the Legislative Assembly is at approximately 2pm each sitting day. Questions Without Notice of which some notice is given in the Legislative Assembly are presented directly to Parliamentary Services staff, or lodged with the Speakers office at Parliament House and sent directly from that office to Ministers. Questions Without Notice may also be directed to a Minister representing another Minister in the Legislative Council. The Ministers Office is responsible for answering the question, obtaining approval by the Minister and returning it to the Parliamentary Services officer before Question Time. Every effort must be made to answer Questions Without Notice on the day they are asked. If for some reason, a response cannot be prepared for Question Time, then the following should be provided in writing:
I thank the Hon. Member for some notice of this Question. It is not possible to provide the information in the time available and I request that the Member place the question on notice.

Government Backbenchers may also ask Questions without Notice in Question Time. This process is coordinated by the Premiers Office (6552 5245).

14

6. TABLING OF PAPERS
Papers tabled in Parliament are generally: formal papers and reports (including annual reports, discussion papers, ministerial responses to committee reports); subsidiary legislation; and miscellaneous papers tabled during debates or formal business. Parliamentary Services Branch will require a covering memorandum signed by the Ministers Chief of Staff or Executive Officer, and ten copies of the document. An electronic PDF version of the document must also be submitted.

Annual Reports
Public Sector Commissioner's Circular: 2013-01 Annual Reporting identifies requirements for agencies preparing Annual Reports. Agencies must follow the Annual Report Framework available from the Public Sector Commission website. Ministerial Officers should note the following for tabling annual reports in Parliament: An annual report must be approved by the relevant Minister before tabling. Parliamentary Services Branch requires a covering memorandum signed by the Chief of Staff or Executive Officer and ten copies of the report (Seven copies for the Legislative Assembly and three for the Legislative Council). An electronic version of the report in PDF format must be submitted to the Parliamentary Services Branch. An electronic copy of the annual report is also required for Parliaments Tabled Papers database, available at http://www.parliament.wa.gov.au. The agency must ensure the PDF document is identical to the document tabled.

Subsidiary Legislation
Parliamentary Counsels Office (PCO) drafts most subsidiary legislation and advises each House when certain regulations must be tabled. A tabled papers list is prepared at the commencement of each sitting day for distribution in the House, arranging subsidiary legislation and other papers to be tabled according to whether the Presiding Officer, ministers or parliamentary secretaries are responsible.

Reports and other Papers

The Clerk of the Legislative Assembly reads the list of tabled papers, but in the Legislative Council, the President, Ministers and Parliamentary Secretaries table documents relevant to their responsibilities. Parliamentary Services Branch coordinates the tabling of documents during formal business. Documents are provided directly to the Clerk in the Legislative Assembly. In the Legislative Council, tabled papers are delivered to the chamber and left on the desk of the Member responsible. The President will call for papers for tabling during formal business, at which point the relevant Member can rise to complete the tabling process.

15

7. PARLIAMENTARY COMMITTEES
Committees comprise small numbers of Members and assist Parliament in its scrutiny and law-making functions by inquiring into complex issues. Committees can call for written submissions, hear evidence and seek advice from experts, before reporting their findings and recommendations to the Parliament. A number of Committees are established by each House. There are also Joint Committees comprising Members from each House. Information on Parliamentary Committees and their Members is available from the Parliament House website.

Legislative Council Committees

The Legislative Council has established six Committees: 1. Legislation Committee 2. Public Administration Committee 3. Environment and Public Affairs Committee 4. Procedure and Privileges Committee 5. Uniform Legislation and Statutes Review Committee 6. Estimates and Financial Operations Committee Standing Order 191 requires the Government to provide a response to the House in relation to a Committee report within not more than 2 months or at the earliest opportunity after that time if the Council is adjourned or in recess. Responses will not be required for Committee reports relating to Bills.

Legislative Assembly Committees

There are four portfolio-based Standing Committees in the Legislative Assembly: 1. Public Accounts Committee 2. Community Development and Justice Committee 3. Education and Health Committee 4. Economics and Industry Committee 5. Procedure and Privileges Committee Standing Order 277(1) states that a Committee may direct a Minister to respond to Committee recommendations within three months of a report being tabled in Parliament. Parliamentary Services will forward a Committee report to the relevant Ministers Office.

Joint Committees
Responsibility for administration of each joint committee is allocated to one House only. There are currently four joint standing committees: 1. Joint Standing Committee on Delegated Legislation (Council) 2. Joint Standing Committee on the Corruption and Crime Commission (Assembly) 3. Joint Standing Committee on the Commissioner for Children and Young People (Assembly) 4. Joint Audit Committee (Council)
16

APPENDIX A: PARLIAMENTARY RULES AND PROTOCOLS

Parking Parking is available at the front of the building, in the car park overlooking the fountains. If this car park is full, vehicles can be parked in the northern and southern driveways. Passes Ministerial and Departmental staff must wear passes within Parliament House. Permanent Parliament House Passes A limited number of permanent passes are issued to ministerial and departmental staff who regularly attend the Parliament. When appropriate, a Ministers chief of staff to contact the security manager and seek a permanent pass. Temporary Passes For staff without a permanent pass, a temporary pass may be issued by Parliament security. Access within the Parliamentary Building Non-access areas: Speakers Corridor Presidents Corridor Division lobbies around the Chambers Members Bar Press Gallery of either House Gymnasium Restricted access areas (only when accompanying a Member): Strangers Bar Members Dining Room Members offices (unless invited by Members) Access is available to all other general areas, including the staff cafeteria (located on the ground floor). Food and drink vending machines are located on the ground floor. Chamber Protocols Ministerial advisers and senior departmental officers are often required to assist Ministers when their Ministers have carriage of bills progressing through the Houses. However, the procedures and administration of the two Chambers are somewhat different. Given this, these processes relating to the two Houses are dealt with separately.

17

LEGISLATIVE ASSEMBLY Second Reading stage Ministerial and Departmental staff may be required to follow the second reading stage of a relevant Bill. Staff can undertake this task from the Speake rs Gallery. Staff may take notes while sitting in the Speakers Gallery or Public Gallery. When entering and leaving the Speakers Gallery, guests must bow to the Chair (prior to being seated). Messages for a Minister can be handed to a Parliamentary Officer who will deliver it by hand. Alternatively, Ministers can come to the rear of the Chamber and speak to advisers seated in the Speakers Gallery. Note that messages must not be passed, nor conversations conducted, over the Bar of the House. Consideration in Detail stage of a Bill Advisers are often invited onto the floor of the House to assist Ministers with bills during the consideration in detail stage. When this occurs, advisers need to be aware of the following: 1. Await the Speakers permission prior to being escorted through the Bar of the House. 2. A Parliamentary Officer will escort the adviser to a seat at the Table. 3. Acknowledge the Chair immediately prior to being seated. 4. Advisers attend only to their Minister, not other Members. They advise their Minister only, and do not respond to questions from other Members. Divisions If a division is called during consideration in detail, advisers leave the floor of the Assembly. A Parliamentary Officer will escort the adviser off the floor and, after the division, back to the Table. Conclusion of Consideration in Detail When the consideration in detail stage is concluded (or debate is interrupted and the Assembly commences other business), advisers at the Table will be escorted from the floor of the Assembly by a Parliamentary Officer. LEGISLATIVE COUNCIL Second Reading stage of a Bill Ministerial and Departmental staff may be required to follow the second reading stage of a relevant Bill. Staff can undertake this task from behind the Presidents Chair in the Chamber (there are a number of seats at the rear of the Chamber provided for this purpose). Staff should make arrangements for this through the office of the Leader of the Government in the Legislative Council. Advisers may take notes while sitting at the rear of the Chamber. An adviser sitting at the rear of the Chamber must alert a Parliamentary Officer when they wish to convey a message to a Member. Access to the rear of the Chamber can be arranged through the Leader of the Governments Office, the Government Whip or Council staff.

18

Outside normal business hours, advisers to Ministers responsible for legislation can make arrangements to use the office of the Senior Parliamentary Liaison Officer when not required in the House. If necessary, Ministerial and Departmental staff can also access the Presidents Gallery at the front of the Chamber. However, three points should be noted: 1. The President of the Legislative Councils permission must be sought by a Member for access to the Presidents Gallery. For advisers, their respective Minister will need to obtain this permission directly from the President. 2. Guests are not permitted to read or write while in the Presidents Gallery. 3. It is not permissible to speak or pass notes over the Bar of the House. 4. Persons entering the Presidents Gallery must make obeisance by bowing to the Chair before taking their seat. Given the above points, access to the Presidents Gallery is not recommended for advisers. Committee Stage When a Bill enters the Committee of the Whole stage, advisers may be requested to assist their Minister from the Table of the House. When this occurs, the Chamber Staff will collect the advisers from the rear of the Chamber and escort them to the Table of the House. Advisers need to be aware of the following procedure: 1. Await escort from the Chamber Staff 2. Acknowledge the Chair (bow) prior to being seated at the Table of the House 3. Advisers are on the floor of the Council to assist their Minister, not other Members. They need converse with their Minister only. Usually just one principal adviser is escorted to the Table, but two other advisers can also attend. Remaining advisers can remain at the rear of the Chamber. An adviser seated at the Table can call an Attendant using the call button at the Table, in order to get a message to other advisers or, if required, interchange with an adviser. The Chief adviser sits next to the Minister and up to two other advisers can sit opposite the Minister. Divisions If a division is called during the Committee of the Whole stage of a Bill, a Parliamentary Officer will escort advisers from the floor of the Council. Conclusion of the Whole Stage When the Committee of the Whole stage is concluded (or debate is interrupted and the Council proceeds onto other business), advisers at the Table will be escorted from the floor of the Council by a Parliamentary Officer.

19

APPENDIX B: LEGISLATIVE ASSEMBLY: ORDER OF BUSINESS

TIME TUESDAY WEDNESDAY THURSDAY 9.00 a.m. House sits Prayers, Petitions, Papers, Notices, Brief Ministerial Statements Grievances Government Business (or Committee Reports) Government Business 12 noon House sits Prayers, Petitions, Papers, Notices, Brief Ministerial Statements Government Business 2.00 p.m. House sits Prayers, Brief Ministerial Statements Questions without Notice approx.45 minutes Petitions, Papers, Notices Government Business or Matter of Public Interest Government Business 3.50 - 4.00 p.m. 4.00 - 5.00 p.m. 5.00 - 6.00 p.m. 6.00 - 7.00 p.m. Government Business Government Business and Legislation Committee Dinner break Government Business and Legislation Committee Government Business Adjournment approx 10.00 p.m. Adjournment approx 7.00 p.m. Adjournment approx 5.00 p.m. Government Business Members Statements (90 second statements) Lunch break

9.00 - 9.10 a.m.

9.10 - 10.10 a.m. 10.10 - 11.00 a.m. 11.00 - 12.00 p.m. 12.00 - 12.50 p.m. 12.50 - 1.00 p.m.

1.00 - 2.00 p.m.

2.00 - 2.05 p.m.

Questions without Notice approx. 45 minutes

Questions without Notice approx. 45 minutes

2.05 - 2.45 p.m.

2.45 - 2.50 p.m. 2.50 - 3.30 p.m. 3.30 - 3.50 p.m.

Government Business or Matter of Public Interest

Government Business or Matter of Public Interest

Private Members Business

7.00 - 9.00 p.m.

9.00 - 10.00 p.m. 10.00 p.m.

Note: All times are approximate.

20

APPENDIX C: LEGISLATIVE COUNCIL: ORDER OF BUSINESS

TIME TUESDAY WEDNESDAY THURSDAY
House meets at 10am FORMAL BUSINESS* NON-GOVERNMENT BUSINESS [Total: 80 mins] PRIVATE MEMBERS BUSINESS [TOTAL: 60 MINS] ORDERS OF THE DAY

10.00am

1.00 - 2.00 pm

LUNCH

2.00pm
House meets at 2.00pm FORMAL BUSINESS* House meets at 3.00pm FORMAL BUSINESS* MOTIONS ON NOTICE AFTERNOON TEA QUESTIONS WITHOUT NOTICE QUESTIONS WITHOUT NOTICE CONSIDERATION OF COMMITTEE REPORTS ORDERS OF THE DAY DINNER DINNER MEMBERS STATEMENTS AFTERNOON TEA QUESTIONS WITHOUT NOTICE ORDERS OF THE DAY

3.00pm

4.15 - 4.30pm 4.30 - 5.00pm 5.00 5.20pm

ORDERS OF THE DAY

ORDERS OF THE DAY

5.20-6.00pm. 6.00 - 7.30pm

7.30 - 9.45pm

ORDERS OF THE DAY

ORDERS OF THE DAY

9.45 - 10.00pm

MEMBERS STATEMENTS

MEMBERS STATEMENTS

* Formal Business comprises prayers, condolence motions, reporting of Governors messages, presentation of petitions, statements by Ministers and Parliamentary Secretaries, presentation of papers for tabling, giving notices of questions, giving notices of motions to introduce Bills, giving notices of motions to disallow statutory instruments, giving notices of motions and motions without notice (see SO 14). No maximum time is set for Formal Business - the House proceeds to other business after Formal Business has concluded

21