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House of Representatives Standing and Sessional Orders
As at 1 December 2008
Chapter 3: Election of Speaker and Deputies
Chapter outline
This chapter sets out procedures for the election of the Speaker, the Deputy Speaker and the Second Deputy Speaker.
Election of Speaker
10 When an election for Speaker takes place
- An election for Speaker shall take place at:
- the opening of a new Parliament after the Members have been sworn or made an affirmation; or
- any time when the office of Speaker is vacant.
- The election shall be conducted by the Clerk acting as Chair, in the manner provided below in standing order 11.
11 Election procedures
When electing a Member to fill a vacant office the routine shall be as follows:
Nominees proposed
- The Chair shall invite nominations for the vacant office.
- A Member shall propose the nomination of a Member to the vacant office by moving, without notice, that such Member 'do take the Chair of this House as Speaker' The Member nominated must be present and the motion must be seconded. The mover and seconder may speak in support of their nominated candidate for no more than 5 minutes each.
- The nominated Member shall inform the House whether he or she accepts the nomination.
- The Chair shall ask:
Is there any further proposal?
and shall ask this again after any further proposal and acceptance.
- If no further proposal is made the Chair shall state:
The time for proposals has expired.
No further nominations may be made.
If only one nominee-nominee elected
- If a nominee is unopposed, the Chair, without question put, shall declare the Member, who has been proposed and seconded, to have been elected to the vacant office.
If two or more nominees-debate then ballot
- If there are two or more nominees, when the time for proposals has expired, Members who have not yet spoken as mover or seconder may speak on the election, however:
- debate must be relevant to the election; and
- no Member may speak for more than five minutes.
- At any time during debate, and whether any Member is addressing the Chair or not, a Minister may move without notice-
That the ballot be taken now..
The question shall be put immediately and resolved without amendment or debate. If the votes are equal the question shall be negatived, and debate may continue. If the question is carried, or when debate ends, the House shall proceed to a ballot.
Ballot
- Each Member voting shall provide a ballot paper to the Chair, containing the name of the nominated Member or Members, as relevant, for whom he or she is voting. The Clerks at the Table shall count the votes:
Election of Speaker
- For the office of Speaker, a nominee must receive a majority of votes. If no nominee has a majority after a ballot, the nominee with the smallest number of votes shall be excluded from later ballots, and a fresh ballot shall be held. This process shall be repeated as often as necessary until one nominee receives a majority of the votes, and this nominee shall be elected Speaker.
Election of Deputy Speaker and Second Deputy Speaker
- For deciding offices other than Speaker, the nominee who has the most votes shall be elected to the vacant office.
If equal votes in ballot-special ballot
- If nominees have equal numbers of votes, making it impossible to calculate which name is to be excluded from later ballots, a special ballot shall take place. At a special ballot, the routine shall be as follows:
- the Chair shall inform the House that the last ballot was inconclusive because nominees had equal numbers of votes;
- the names of those nominees who received equal numbers of votes shall be proposed;
- each Member shall write on a ballot paper the name of the nominee he or she wishes to support; and
- the nominee with the smallest number of votes shall be excluded from later ballots.
When equal votes in first special ballot
- If a first special ballot is inconclusive because nominees have equal numbers of votes, a second special ballot shall be taken, unless a nominee withdraws making further ballots unnecessary.
When equal votes in second special ballot
- If after a second special ballot, nominees again receive equal numbers of votes, the Chair shall declare the equal votes to the House, and the sitting shall be suspended for 30 minutes. When the House resumes, the votes shall be taken again, unless a nominee withdraws making further ballots unnecessary.
When withdrawal of nominee
- A nominee may withdraw from an election after the result of the first ballot is declared or in between ballots. After a withdrawal, the election shall proceed as if the withdrawn Member had not been nominated.
- If a withdrawal leaves only one nominee remaining, that nominee shall be elected to the vacant office.
12 Successful Member is Speaker
- At the conclusion of an election for Speaker, the Clerk shall declare the successful Member to have been elected Speaker.
- The successful Member shall be conducted to the Chair by the proposer and seconder, and take the Chair of the House as Speaker.
- The Speaker shall then acknowledge the honour conferred by the House. Once the Speaker is seated the Mace shall be taken from under the Table, and placed on the Table.
- The Speaker may receive congratulations from the House.
Election of Deputy Speaker and Second Deputy Speaker
13 When Deputy Speaker and Second Deputy Speaker elected
- The Deputy Speaker and Second Deputy Speaker shall be elected at the beginning of each Parliament, or at any time the respective office becomes vacant. Whenever the two offices are vacant at the same time, elections for both offices shall be conducted together.
- The Speaker shall conduct the elections under standing order 14, and may not vote in an ordinary ballot.
- Only a non-government Member may be elected as Second Deputy Speaker.
- A Member shall propose the nomination of a Member to the vacant office by moving, without notice, that such Member 'be elected Deputy Speaker (or Second Deputy Speaker)'.
14 Conducting elections of Deputy Speaker and Second Deputy Speaker
Elections of Deputy Speaker and Second Deputy Speaker shall be conducted following the procedures in standing order 11 as qualified here:
Nominee can be absent
- A nominee does not have to be present at the election or inform the House whether he or she accepts nomination.
When only one nominee
- If only one Member is nominated the Speaker shall declare that Member to be the Deputy Speaker. The House may leave the office of Second Deputy Speaker vacant or may in the future agree to a motion to conduct a ballot for the office.
Nominee with most votes is Deputy Speaker
- If two or more Members are nominated, the nominee with the most votes shall be the Deputy Speaker, and the nominee with the next greatest number of votes shall be the Second Deputy Speaker.
When Speaker has casting vote
- If two or more Members are nominated and it is impossible to determine the position of Deputy Speaker because nominees have received equal numbers of votes:
- If two nominees are equal, the Speaker shall give a casting vote. The nominee for whom the Speaker votes shall be the Deputy Speaker and the other nominee shall be the Second Deputy Speaker.
- If more than two nominees are equal, a special ballot shall take place, as provided in standing order 11 (j), (k) and (l).
- If two or more Members are nominated and it is impossible to determine the position of Second Deputy Speaker because nominees have received equal numbers of votes:
- If two nominees are equal, the Speaker shall give a casting vote. The nominee for whom the Speaker votes shall be the Second Deputy Speaker.
- If more than two nominees are equal, a special ballot shall take place, as provided in standing order 11 (j), (k) and (l).
Speaker declares successful nominee elected
- At the conclusion of voting for each office the Speaker shall declare the nominee with the most votes to be elected to the vacant office.
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