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House of Assembly - Fifty-Fourth Parliament, First Session (54-1)
2018-07-04 Daily Xml
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Parliamentary Procedure

Sessional Orders

The SPEAKER (15:24): While I await the next member of the opposition's grievance debate, I take this opportunity to rule on a matter raised earlier today. Earlier today, the member for Kaurna raised a matter about the potential breach of the sessional order concerning the provision of answers to questions given on notice. I note that the sessional order adopted by the house on 30 May 2018 requires that once notice of a question has been given and placed on the Notice Paper pursuant to standing order 102, an answer to the question shall be delivered to the Clerk pursuant to standing order 103, not more than 30 days after the date on which it had been first printed on the Notice Paper.

The member for Kaurna referred to two questions he asked the minister representing the Minister for Health and Wellbeing on 16 May 2018 and, it now being 49 days without an answer being provided to the two questions, he believes this is a breach of the sessional order. Firstly, I draw the house's attention to the fact that, on 16 May 2018, notice was given of the two questions referred to by the member for Kaurna, which predates the adoption of the sessional order.

While there may be some doubt as to whether the sessional order applies to these questions, undoubtedly sometime into the future the house may be confronted with the situation where answers to questions have not been provided within the 30-day period set out in the sessional order. As the sessional order does not provide guidance as to the process to follow, or sanctions to be incurred should a minister fail to furnish answers within the 30-day time period, the house is in uncharted territory. I therefore refer to other jurisdictions that have provisions in place where replies to questions are not provided in a specified time frame. For example, standing order 105(b) of the House of Representatives states:

If a reply has not been received 60 days after a question first appeared on the Notice Paper, the Member who asked the question may, at the conclusion of Question Time, ask the Speaker to write to the Minister concerned, seeking reasons for the delay in answering.

Further, in the Western Australian Legislative Assembly, if no answer is received after one calendar month to a question on notice, standing order 80(2) provides that the member who asked the question may rise at the end of question time and ask the minister why no answer has been received.

Having considered this matter, I do not have the benefit of standing orders or established practices to guide me in assisting the house at the moment. While I am of the view that the practices and procedures in place in other jurisdictions provide a measured and sensible approach, ultimately resolution of this matter is up to the house to determine.

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