Part 2

Model Provincial Assembly Standing Orders

Part 1 – Preliminary matters

1.1 Interpretation

Part 2- Meeting of Provincial Assembly after general election

2.1 Calling of meeting after election

2.2 Members to be sworn

2.3 Chairman of Assembly

2.4 Deputy Chairman of Assembly

2.5 Absences etc of Chairman and Deputy Chairman

2.6 Resignation of Deputy Chairman

2.7 Declaration of loyalty and declaration of office

Part 3 – Duties of the Clerk

3.1 Minutes of proceedings

3.2 Roll

3.3 Custody of records

3.4 Notice Paper

3.5 Other duties

Part 4 – Meetings

4.1 Meetings

4.2 Days of sitting

4.3 Hours of sitting

4.4 Quorum

4.5 Adjournment for want of quorum

4.6 Other adjournments

4.7 Motion to fix date of next meeting

Part 5 – Business of the Assembly

5.1 Order of business

Part 6 – Petitions

6.1 Presentation of petitions

6.2 No debate on presentation

Part 7 - Motions

Division 1 Motions generally

7.1 Notice of motion

7.2 Moving the motion

7.3 Debate of motion

7.4 Amendments

Division 2 – Motions of no confidence

7.5 Motion to dismiss Governor or the Deputy Governor

7.6 Alternate Governor or Deputy Governor

7.7 Voting

Part 8– Tabling of documents and making of statements

8.1 Tabling of documents

8.2 Debate

8.3 Statements by PEC members

Part 9- Questions

9.1 Written questions

9 2 Oral questions

9.3 Contents of questions

Part 10– Rules of debate

10.1 Conduct of debate

10.2 Content of speeches

10.3 Limit on speaking

10.4 Interruptions

10.5 Point of order

10.6 Closure of debate

10.7 Adjournments of debate

10.8 Behaviour of members not speaking

10.9 Decision of Chairman

Part 11– Rules of Order

11.1 Order to be maintained

11.2 Disorder

11.3 Grave disorder

Part 12- Voting

12.1 Questions decided by majority

12.2 Method of voting

12.3 Members present to vote

Part 13- Legislation

13.1 Introducing Bills

13.2 Circulating copies of Bills to members

13.3 Debate on Bills

13.4 Amendments

13.5 Passing of Bills

13.6 Clerical or editorial corrections

13.7 Certification

Part 14– Provincial Assembly of Committees

14.1 Committees

14 .2 Attendance

Part 15– Miscellaneous

15 .1 Visitors

15.2 Suspension of Standing Orders

15.3 Procedure not provided for

15.4 Languages

15.5 Disclosure

15.6 Copies of Standing Orders to be made available

Model Provincial Assembly Standing Orders

Part 1 Preliminary matters

1.1 Interpretation

In these Standing Orders, unless the context otherwise requires:

Assembly means the [insert name of Province] Provincial Assembly.

Chairman means the Chairman of the Assembly.

Clerk means the Clerk of the Assembly.

committee means a committee of the Assembly.

Deputy Chairman means the Deputy Chairman of the Assembly.

Deputy Governor means the Deputy Governor of the [insert name of Province] Province.

executive member means a member of the Provincial Executive Council of the [insert name of Province] Provincial Government.

Gazette means the Provincial Government Gazette.

Governor means the Governor of the [insert name of Province] Province.

member means a member of the Assembly.

minutes means the minutes of the proceedings of the Assembly.

Minister means the Minister responsible for provincial and local-level governments;

notice paper means the notice paper referred to in Standing Order 3 .4.

Organic Law means the Organic Law on Provincial Governments and Local-level Governments.

Parliament means the National Parliament of Papua New Guinea.

Provincial Executive Council means the Provincial Executive Council of the [insert name of Province] Provincial Government.

Part 2 Meeting of Provincial Assembly after general election

2.4 Calling of meeting after election

(1) The Clerk must, by notice published in the Gazette:

(a) call a meeting of the Assembly within 15 days after the return of the writs for a general election; and

(b) specify the date and time of the meeting.

(2) In addition to the requirements of subsection (1), the Clerk may do all or any of the following:

(a) place a copy of the notice on public notice boards within the Province;

(b) broadcast notice of the meeting of the Assembly on the radio;

2.5 Members to be sworn

At the time and on the date notified under Standing Order 2.1:

(a) the members must assemble at the Assembly; and

(b) the Clerk must present to the Assembly the writ of election of each elected member or a copy of that writ; and

2.6 Chairman of Assembly

(1) In accordance with section 14 of the Organic Law, the Governor is by force of that section the Chairman of the Assembly.

(2) If there is a vacancy in the office of the Governor:

(a) the Deputy Chairman of the Assembly must call a meeting of the Assembly as soon as practicable; and

(b) the Assembly must, in accordance with section 21 of the Organic Law, elect a member of the Assembly to be the Governor who will become the Chairman of the Assembly.

2.4 Deputy Chairman of Assembly

(1) The Assembly must, in accordance with section 18 of the Organic Law, elect a member of the Assembly to be the Deputy Governor.

(2) The Deputy Governor is the Deputy Chairman of the Assembly.

2.5 Absences etc of Chairman and Deputy Chairman

(1) The Deputy Governor must perform the functions and responsibilities of the Governor as Chairman of the Assembly in accordance with subsection 14 (3) of the Organic Law.

(2) If the Chairman and the Deputy Chairman are both absent or for any reason both unable to perform the duties of their offices, the Assembly must appoint a member of the Assembly to perform the duties of the Deputy Chairman until the Chairman or Deputy Chairman returns or is able again to perform the duties of his office.

2.6 Resignation of Deputy Chairman

(1) The Deputy Chairman may resign his office by notice in writing to the Assembly.

(2) The resignation of the Deputy Chairman does not affect his membership of the Assembly.

2.7 Declaration of loyalty and declaration of office

(1) A member is not permitted to take part in the proceedings of the Assembly until the member has made his declaration of loyalty and declaration of office.

(2) If a member has during the course of a session of the Assembly been elected to serve in the Assembly, the Clerk must administer the declaration of loyalty and declaration of office to that member at the first meeting of the Assembly at which the member attends.

Part 3 Duties of the Clerk

3.1 Minutes of proceedings

(1) The Clerk is responsible for keeping the minutes of the proceedings of the Assembly.

(2) The minutes are to record the members attending each meeting of the Provincial Assembly and all decisions made by the Assembly.

(3) The Clerk must arrange for a copy of the minutes signed by the Clerk to be distributed to all members as soon as possible.

3.5 Roll

(1) The Clerk must keep a members’ roll.

(2) The roll must show for each elected member:

(a) the name of the member and the constituency the member represents; and

(b) the dates of the member’s election; and

(3) The roll must show for each nominated member:

(a) the name of the member; and

(b) the dates of the member’s appointment; and

3.6 Custody of records

The Clerk is responsible for the safekeeping of all records, votes, bills and any other documents laid before the Assembly, and such material is to be open to inspection by members at all reasonable hours.

3.7 Notice Paper

Before each meeting of the Provincial Assembly, the Clerk must deliver to each member a paper called the notice paper showing the matters to be brought before the Assembly for that meeting.

3.5 Other duties

The Clerk has such other duties as are set out in these Standing Orders, or provided for by or under any other law.

Part 4 Meetings

4.1 Meetings

(1) Meetings of the Assembly are to be held in accordance with paragraph 12(3)(a) or (b) of the Provincial Governments Administration Act 1997.

(2) If a meeting of the Assembly is to be held in accordance with paragraph 12(3)(a) or (b) of the Provincial Governments Administration Act 1997, the Clerk must publish a notice of the meeting in the Gazette upon being requested to do so by the Chairman.

(3) The notice must:

(a) subject to subsection (4), give the members at least 15 days notice of the meeting of the Assembly; and

(b) specify the date and time of the meeting.

(4) If the Chairman is of the view that the Assembly needs to meet urgently, 2 days notice of the meeting of the Assembly must be given to members.

(5) In addition to the requirements of subsection (3) or (4), the Clerk may do all or any of the following:

(a) place a copy of the notice on public notice boards within the Province;

(b) broadcast notice of the meeting of the Assembly on the radio;

4.3 Days of sitting

(1) Subject to subsection (2), during the course of a meeting the Assembly is to sit from Monday to Friday inclusive.

(2) The Assembly is not to sit on a day mentioned in subsection (1) if that day is a public holiday.

(3) During the course of a meeting the Provincial Assembly is not to sit on a Saturday or Sunday.

(4) Despite subsections (1), (2) and (3), a member may, without notice, move that the Assembly sit on a Saturday, Sunday or public holiday, or must not sit on any other day named in the motion.

(5) A motion under subsection (4) is to be decided without amendment or debate.

4.3 Hours of sitting

(1) The hours of sitting of the Assembly are 9.30am to 11.30am and 2.00pm to 4.30pm, unless the Assembly otherwise decides on a motion moved under subsection (3).

(2) If a vote is being taken at the time the Assembly is due to stop sitting, the Assembly is to continue to sit until the vote is completed.

(3) A member may, without notice, move that the Assembly is to sit at a time other than the times mentioned in subsection (1) on any day named in the motion.

(4) A motion under subsection (3) must be decided without amendment or debate.

4.4 Quorum

Subject to section 8 of the Provincial Governments Administration Act 1997, the quorum for a meeting of the Assembly is half the total membership of the Assembly.

4.5 Adjournment for want of quorum

(1) If it appears from a vote in the Assembly that a quorum of members is not present, the Chairman must adjourn the Assembly:

(a) to the afternoon if the vote is taking place in the morning; or

(b) to the next morning if the vote is taking place in the afternoon.

(2) No decision of the Assembly is to be considered to have been arrived at by the vote.

(3) Despite the Assembly having been adjourned under subsection (1), if the Chairman is satisfied that there is likely to be a quorum within one hour, the Chairman must announce that he will take the Chair at an appointed time within the hour.

4.6 Other adjournments

Except as provided for by these Standing Orders, the Assembly may only adjourn by its own resolution.

4.7 Motion to fix date of next meeting

An executive member may at any time without notice move a motion for the purpose of fixing the date and time of the next meeting of the Assembly.

Part 5 Business of the Assembly

5.1 Order of business

The business of the Assembly is to be arranged in the notice paper and, subject to any order of the Assembly, is to be transacted in the following order:

(a) prayers;

(b) messages and communications from the Governor or the Minister;

(d) the giving of notices of motions;

(e) the tabling of documents;

(f) statements from members of the Provincial Executive Council or the Chairmen of the Provincial Executive Council Committees;

(g) asking and answering of written or oral questions put to members of the Provincial Executive Council or the Chairmen of the Provincial Executive Council Committees;

(h) proposals to discuss matters of public importance;

(i) proceedings on motions and bills;

(j) such other urgent matters as are determined by the Chairman.

Part 6 Petitions

6.2 Presentation of petitions

(1) Any member may present a petition to the Assembly.

(2) A member who wishes to present a petition to the Assembly must inform the Clerk at least one clear day before the day on which the member intends to present the petition.

(3) When a member informs the Clerk in accordance with subsection (2), the member must certify in writing to the Clerk that the petition is respectful, does not contain irrelevant statements and is deserving of presentation.

(4) A member must not make a speech when presenting a petition other than a brief statement of the number and description of the petitioners, and the substance of the petition.

6.2 No debate on presentation

(1) On the presentation of a petition, no debate on or relating to it is allowed.

(2) The only question that the Assembly can consider on the presentation of a petition is that the petition:

(a) be received and read by the Assembly; or

(b) be referred to a committee of the Assembly.

Part 7 Motions

Division 1 Motions generally

7.1 Notice of motion

(1) Any member who wishes to move a motion in the Assembly must give notice of it by delivering to the Clerk a copy of the motion signed by the member and by another member as the seconder.

(2) The notice must be given at least 3 clear days before the day on which the member intends to move the motion.

(3) The Clerk must give a copy of the motion to each member as soon as possible and enter the motion on the notice paper.

(4) The member giving the notice of motion may amend the motion by giving notice of the amendment to the Clerk not later than one clear day before the day which the member intends to move the motion.

(5) The member giving the notice of motion may withdraw the motion at any time before it is moved by instructing the Clerk to remove it from the notice paper.

(6) Motions are to be dealt with each day according to the order in which they appear on the notice paper.

7.2 Moving the motion

(1) The member giving a notice of motion must move the motion by stating its terms.

(2) If the member fails to move the motion when called upon to do so by the Chairman or is not in his place in the Assembly, the Clerk is to withdraw the motion from the notice paper and it is not to be entered in the minutes.

(3) If a motion is not seconded, it must not be debated and is not to be entered in the minutes.

7.3 Debate of motion

(1) When a motion has been moved and seconded, the Chairman must propose the question on the motion to the Assembly and a debate may then take place.

(2) The mover of the motion, or in his absence the seconder, is entitled to open the debate and has a right of reply after all other members present have had an opportunity of speaking and before the question in the motion is put.

(3) When the debate on the motion, including any right of reply, has been concluded, the Chairman must put the question on the motion immediately to the Assembly.

(4) A motion may be withdrawn with the leave of the Assembly before the question has been put on it.

(5) If a motion is withdrawn under subsection (4), the motion may be moved again after due notice is given.

7.4 Amendments

(1) Amendments to a motion may be moved at any time before the question in the motion is put. The amendment must be in writing and relevant to the question, and be seconded by another member.

(2) An amendment must be disposed of before another amendment to the question can be moved.

(3) An amendment may by leave of the Assembly be withdrawn.

(4) When an amendment has been made, the question on the motion as amended must be put.

(5) When amendments have been moved, but not made, the question on the motion as originally proposed must be put.

Division 2 – Motions of no confidence

7.5 Motion to dismiss the Governor or the Deputy Governor

A notice of motion to dismiss the Governor or the Deputy Governor must comply with the requirements of section 20 of the Organic Law.

7.6 Alternate Governor or Deputy Governor

A notice of motion to dismiss the Governor or the Deputy Governor must nominate another member of the Assembly from amongst the members of the Assembly to be the Governor or the Deputy Governor.

7.7 Voting

Voting in relation to a motion to dismiss the Governor or the Deputy Governor is to be by secret ballot.

Part 8 Tabling of documents and making of statements

8.1 Tabling of documents

(1) A member may deposit before the Assembly any report, paper or other document dealing with a matter coming within the responsibilities of the Assembly.

(2) A record of any such report, paper or other document must be entered in the minutes of the day on which it was deposited.

8.2 Debate

(1) Any member may, without notice, move that Assembly is to hold a debate on any matter or matters related to the content of any report, paper or other document deposited under Standing Order 8.1.

(2) Any such motion is to be decided without amendment.

8.3 Statements by PEC members

(1) A member of the Provincial Executive Council may make a short factual statement of Provincial Government policy on any matter for which the Provincial Government is responsible.

(2) No debate may arise on such statements, but the Chairman may in his discretion allow short questions to be put to the member making the statement.

(3) The Chairman is to limit the time for such proceedings as he deems fit.

Part 9 Questions

9.1 Written questions

(1) Subject to Standing Order 9.3, any member may address a written question to a member of the Provincial Executive Council relating to a public matter for which the Provincial Government is responsible, either seeking information on the matter or asking for official action.

(2) The member must give written notice of the question by delivering a copy to the Clerk not less than 4 clear days before the day on which he intends to ask the question.

(3) The written question must be signed by the member and must show the day proposed for asking the question.

(4) The Clerk must as soon as possible give a copy of the written question to the member of the Provincial Executive Council to whom the question is addressed.

(5) The member of the Provincial Executive Council to whom the question is addressed must provide a written answer to the Clerk not later than 2 clear days after the copy of the written question has been given to him.

(6) At the time scheduled for questions, the member who signed the question must read it and the member of the Provincial Executive Council to whom the question is addressed must read the answer. The text of the question and the answer must be reproduced in the minutes.

(7) Written questions and answers must not be debated, but the Chairman may at his discretion permit a supplementary question to elucidate an answer.

9 2 Oral questions

Subject to Standing Order 9.3, any member may address an oral question, without notice, to a member of the Provincial Executive Council relating to a public matter for which the Provincial Government is responsible, either seeking information on the matter or asking for official action.

9.3 Contents of questions

(1) A question must conform to the following rules:

(a) a question must not contain the name of any person or a statement of facts unless the name or statement is strictly necessary to make the question intelligible;

(b) a question must not contain any argument, inference, imputation, epithet or ironical expression;

(c) a question must not refer to any matter on which a judicial decision is pending or reflect on the decision of a court of law.

(2) The member asking a question is responsible for the authenticity of the name of any person or of any statement of facts contained in the question.

(3) The Chairman may declare inadmissible any question which, in his opinion, is unintelligible, irrelevant, frivolous or scandalous or is otherwise out of order.

Part 10 Rules of debate

10.1 Conduct of debate

(1) Any member who wishes to speak must raise his hand in a clearly visible manner and may speak only after the Chairman has given him leave to do so.

(2) A member intending to speak must rise and address the Chairman.

(3) A member must stand and speak unless the member is unable to do so due to illness or disability.

(4) When a member is speaking, the rest of the members must be seated.

(5) When a member has finished speaking, he must resume his seat and any other member wishing to speak must then rise.

(6) If two or more members rise at the same time to speak, the Chairman must choose the member to speak.

10.2 Content of speeches

(1) A member must not digress from the subject matter being debated and must not introduce matters irrelevant to that subject matter.

(2) The Chairman may call a member to order if his speech is not relevant to the matter under debate. If the member does not comply, the Chairman may direct the member to cease to speak.

(3) A member must:

(a) not use offensive or insulting language; or

(b) not make reference to a case pending in a court of law in such a way as might prejudice the outcome of the case; or

(4) The Chairman may direct a member to discontinue his speech if the member is in breach of paragraph (3)(a), (b) or (c). If the member persists in speaking after having been directed to discontinue his speech, the Chairman may direct the member to cease to speak.

10.3 Limit on speaking

A member is not entitled to speak more than three times on the same subject, excluding questions and answers related to the subject.

10.4 Interruptions

A member must not interrupt another member except:

(a) to call attention to a point of order; or

(b) by a matter of privilege suddenly arising; or

(d) to call attention to the want of a quorum.

10.5 Point of Order

(1) The Chairman must call the attention of the Assembly to any violation of these Standing Orders.

(2) A member may, at any time, call the attention of the Chairman to a point of order.

(3) The member must indicate to the Chairman, as briefly as possible, the Standing Order, practice or procedure that has been violated.

(4) The Chairman may allow a point of order to be debated before he makes a decision, but such debate is to be strictly confined to the point of order raised.

(5) The Chairman must indicate the reasons for his decision on a point of order.

10.6 Closure of debate

(1) After a question has been proposed by the Chairman and the debate on the question has been concluded, a member may move “that the question be put”.

(2) A motion under subsection (1) must be seconded by another member.

(3) The Chairman must put a motion under subsection (1) immediately after it is seconded. The motion must be decided without amendment or debate.

(4) A member must not speak to a question after it has been put by the Chairman and decided in the affirmative or the negative.

10.7 Adjournments of debate

(1) A Provincial Assembly may adjourn by its own resolution.

(2) Any member of the Assembly may move a motion for an adjournment without notice, and no debate is allowed on a motion to adjourn a debate.

(3) A debate may be adjourned to a later hour of the same day or to any other day, and, if a debate is adjourned, the Assembly must proceed to the next item of business.

(4) When a motion that a debate now be adjourned has been negatived, the debate on the question then before the Assembly is to be continued and no further motion that the debate be now adjourned is to be moved during that debate.

(5) The member upon whose motion a debate is adjourned by the Assembly is entitled to speak first on the resumption of the debate.

10.8 Behaviour of members not speaking

During a sitting:

(a) all members must enter or leave the Provincial Assembly with decorum; and

(b)