Speaker of the Australian House of Representatives explained

Post:Speaker
Body:the House of Representatives
Insignia:Coat_of_Arms_of_Australia.svg
Insigniacaption:Commonwealth Coat of Arms
Flag:Flag of Australia (converted).svg
Flagcaption:Flag of Australia
Flagborder:yes
Incumbent:Milton Dick
Incumbentsince:26 July 2022
Department:House of Representatives
Style:The Honourable
(Formal and Diplomatic)
Mister/Madam/no title Speaker
(Informal and within the House)
Deputy:Sharon Claydon (since 26 July 2022)
Appointer:Elected by the House of Representatives
Termlength:At the House's pleasure; elected at the beginning of the new Parliament by a majority of the representatives-elect, and upon a vacancy during Parliament.
Constituting Instrument:Section 35 of the Constitution of Australia
Formation:9 July 1900
Precedence:Fifth
Inaugural:Sir Frederick Holder (1901)
Salary:$369,700 (2019–20)[1]

The speaker of the Australian House of Representatives is the presiding officer of the Australian House of Representatives, the lower house of the Parliament of Australia. The counterpart in the upper house is the president of the Senate. The office of the speakership was established in 1901 by section 35 of the Constitution of Australia. The primary responsibilities of the office is to oversee house debates, determine which members may speak, maintain order and the parliamentary and ministerial codes of conduct during sessions and uphold all rules and standing orders.[2] [3] The current speaker of the House of Representatives is Milton Dick, who was elected on 26 July 2022.

Election

The Speaker is elected by the House of Representatives in a secret ballot, with an election held whenever the Office of the Speaker is vacant, as set out in Chapter 3 of the House of Representatives Standing and Sessional Orders. The Clerk of the Australian House of Representatives conducts the election. The MPs who move and second the nomination of the successful candidate symbolically drag them to the chair after their election, in accordance with a tradition carried over from Westminster.

Unlike the Speaker of the House of Commons in Britain, the Speaker generally remains an active member of their party. If a party member, the Speaker may continue to attend party meetings, and at general elections will stand as a party candidate. There were two exceptions to this: the first Speaker, Frederick Holder (1901) and Peter Slipper (2011), who resigned from their respective parties upon election as Speaker, and sat as independents.

A Speaker ceases to hold that office if, for any reason, they cease to be a member of the House. There is no convention in Australia that the Speaker should not be opposed in their seat, and three Speakers have been defeated at general elections: Littleton Groom (1929), Walter Nairn (1943) and William Aston (1972). Because the Speaker is always the nominee of the governing party, there is no expectation that a Speaker will continue in office following a change of government. While the Opposition usually nominates one of its own members for Speaker after a general election, this is understood to be a symbolic act, and party discipline is always followed in any ballot.

By reason of section 40 of the Constitution, while in the Chair, a Speaker does not have a deliberative vote, but if there is a tie in votes, the Speaker has a tiebreaker (or casting) vote.

Most Speakers have been senior backbenchers of the party holding office at the start of a new Parliament, or at the time of the death or resignation of an incumbent Speaker. Five Speakers have been former government ministers: William Watt, Littleton Groom, Archie Cameron, Ian Sinclair and Bronwyn Bishop; two have been former Parliamentary Secretaries: Stephen Martin and Tony Smith; and one both a former minister and a former Leader of the Opposition: Billy Snedden. Two were former state premiers: Holder and Watt. There is no convention in Australia that Speakers should resign from Parliament at the end of their term; two Speakers have become Cabinet ministers after having been Speaker: Norman Makin and Gordon Scholes.

Bronwyn Bishop was elected Speaker on 12 November 2013, as the Coalition's first female Speaker of the House and the third female Speaker, after Labor's Joan Child (1986–89) and Anna Burke (2012–13). The 43rd Parliament (2010–13) was the first Australian federal parliament to have had three Speakers: Harry Jenkins (elected September 2010), Peter Slipper (November 2011), and Anna Burke (October 2012).

All male Speakers have been addressed by members as "Mister Speaker" while in the Chair. Joan Child chose to be addressed as "Madam Speaker", as female Speakers are usually referred to in other parliaments. Anna Burke broke with this tradition and ruled that her official form of address is merely "Speaker."

Election results

Role

The Speaker's principal duty is to preside over the House and maintain order in the House, uphold Standing Orders (rules of procedure), rule on points of order, and protect the rights of backbench members.

Australian parliaments are notoriously rowdy, and the Speaker frequently exercises the disciplinary powers vested in them under Standing Orders. The Speaker may summarily order a Member to excuse themself from the House for one hour. For more serious offences, the Speaker may "name" a Member, saying "I name the Honourable Member for X," following the House's convention that Members are always referred to by their electorate. The House then votes on a motion to suspend the Member for 24 hours. (The House also had the power to permanently expel a Member, but this happened only once, in 1920: the member was Hugh Mahon. The House no longer has the power to expel a member from membership of the House under Section 8 of the Parliamentary Privileges Act 1987.[4])

The Speaker, in conjunction with the President of the Senate, also administers Parliament House, Canberra, with the assistance of an administrative staff in the Australian parliamentary departments. The Speaker has accountability obligations to the Parliament for the Department of the House of Representatives. Together with the President, the Speaker also had such accountability obligations to the Parliament in respect of the Department of Parliamentary Services.

A member of the House who wishes to resign would tender their resignation to the Speaker (but not to an Acting Speaker), or if there is no Speaker to the Governor-General. During the Joint Sitting of 1974 the Speaker of the Australian House of Representatives Jim Cope was the presiding officer.

Impartiality

While impartial, the Speaker does not usually quit the membership of their party like the Speaker of the House of Commons. Although the first Speaker, Sir Frederick Holder, resigned from the Free Trade Party upon taking the role in accordance with traditional Westminster convention, subsequent speakers did not follow this convention. The only other speaker to date who resigned from their party was Peter Slipper, chosen from the opposition, who resigned from the Liberal Party the day after his election to the chair.

On the other hand, the Speaker is not an active political figure like the Speaker of the United States House of Representatives. They do not take part in debates in the House, do not vote in the House except in the (relatively infrequent) event of a tied vote, and do not speak in public on party-political issues (except at election time in their own constituency). They are expected to conduct the business of the House in an impartial manner, and generally do so.

There have been several memorable clashes between Speakers and the governments:

Speakers of or from opposition parties

While speakers normally come from the governing party, there have been several exceptions.

Peter Slipper was a member of the Liberal Party when elected as Speaker, but resigned a day later. Slipper's elevation to the speakership occurred due to the hung parliament resulting from the 2010 election, which saw the ALP form a minority government.

In the previous hung parliament elected at the 1940 election, the United Australia Party's Walter Nairn continued as Speaker when the ALP formed a new government in the middle of the parliamentary term.

Opposition MP Carty Salmon initially served as speaker for the first federal Australian majority government, the Andrew Fisher Labor government, resulting from the 1910 election.

At the 1913 election, Labor's Charles McDonald was offered retention of the Speakership by the incoming one-seat-majority Commonwealth Liberal Party, but declined – later however, after Labor's return to government at the 1914 election, McDonald regained the Speakership until the subsequent election in 1917 despite the mid-term change to a Nationalist Party government.[10] [11]

Entitlements

The speaker's salary is determined by the Remuneration Tribunal, an independent statutory body. As of 1 July 2019, the incumbent is entitled to a parliamentarian's base salary of A$211,250 plus an additional 75% loading, equating to a salary of approximately $369,700. Assuming they hold no other positions, the deputy speaker has a salary of $253,500 (20% loading), the second deputy speaker $238,700 (13% loading), and members of the speaker's panel $217,600 (3% loading).[1]

A member elected speaker is entitled to the title "The Honourable" while in office, which, with the approval of the King of Australia, may be retained for life. This privilege is usually only given to those who have served as speaker for at least three years. Harry Jenkins Jr. was the first speaker to ask that "The Honourable" title not be used in reference to him, while also making clear that he was not attempting to set a precedent for future speakers; he was simply not personally comfortable with the title.

Official dress

Following the Westminster tradition inherited from the House of Commons of the United Kingdom, the traditional dress of the Speaker includes components of Court dress such as a black silk lay-type gown (similar to a King's Counsel gown), a wing collar and a lace jabot or bands (another variation included a white bow tie with a lace jabot), bar jacket, and a full-bottomed wig. The wig available for use by the speaker was used by Herbert 'Doc' Evatt when he was a High Court Justice (1930–1940) and was donated to the Parliament by Evatt when he was elected to the House in 1951. The wig is currently on loan from the speaker's office to the Museum of Australian Democracy.[12] Another addition used by earlier speakers, though only for the most formal occasions, included court shoes and hose.

The dress of Speakers has often varied according to the party in power and the personal choice of the Speaker. All Labor Speakers have eschewed the traditional dress in favour of ordinary business attire as appropriate for a member of parliament, following the example set by their first Speaker, Charles McDonald. Most non-Labor Speakers before 2012 wore some variation of the traditional dress.

Billy Snedden (1976–1983) was the last Speaker to wear the full traditional attire of the Speaker, complete with the wig. On the election of the Howard government in 1996, the new Speaker, Bob Halverson, chose to wear the Speaker's traditional attire upon his election in April 1996, but without the wig.[13] Speaker Ian Sinclair opted to wear a gown, albeit of a simpler academic style, during his brief term in 1998, a practice mirrored by his successors, Neil Andrew and David Hawker. Upon his election in late 2011, Peter Slipper went a step toward restoring the traditional dress by wearing a gown and bar jacket over his business attire. Slipper also took to wearing a white long tie or bow tie, in a variation from the lace jabot or bands. For example, he wore a wing collar with white bow tie and bands on the occasion of his first formal procession into parliament.[14] Speaker Bronwyn Bishop, the first non-Labor woman to hold the post, opted for business attire with no gown after her election in 2013. Subsequent Coalition speakers, Tony Smith and Andrew Wallace, likewise opted for business attire.

List of speakers of the House of Representatives

See main article: List of speakers of the Australian House of Representatives. The following is a list of speakers of the House of Representatives.[15]

NamePartyState Term startTerm endTerm in office
1   9 May 1901 23 July 1909
2   28 July 1909 19 February 1910
3   1 July 1910 23 April 1913
4   Commonwealth Liberal 9 July 1913 30 July 1914
(3) Charles McDonald   Labor Queensland 8 October 1914 26 March 1917
(4) Sir Elliot Johnson   New South Wales 14 June 1917 6 November 1922
5   Nationalist Victoria 28 February 1923 3 October 1925
6   Nationalist Queensland 13 January 1926 16 September 1929
7   Labor South Australia 20 November 1929 27 November 1931
8   Queensland 17 February 1932 7 August 1934
9   United Australia 23 October 1934 27 August 1940
10   United Australia 20 November 1940 21 June 1943
11   Labor New South Wales 22 June 1943 31 October 1949
12   South Australia 22 February 1950 9 August 1956
13   Liberal South Australia 29 August 1956 31 October 1966
14   Liberal New South Wales 21 February 1967 2 November 1972
15   Labor New South Wales 27 February 1973 27 February 1975
16   Labor Victoria 27 February 1975 11 November 1975
17   Liberal Victoria 17 February 1976 4 February 1983
18   Labor Victoria 21 April 1983 20 December 1985
19   Labor Victoria 11 February 1986 28 August 1989
20   Labor New South Wales 29 August 1989 8 February 1993
21   Labor New South Wales 4 May 1993 29 January 1996
22   Liberal Victoria 30 April 1996 3 March 1998
23   New South Wales 4 March 1998 31 August 1998
24   Liberal South Australia 10 November 1998 31 August 2004
25   Liberal Victoria 16 November 2004 17 October 2007
26   Labor Victoria 12 February 2008 24 November 2011
27   Independent Queensland 24 November 2011 9 October 2012
28   Labor Victoria 9 October 2012 5 August 2013
29   Liberal New South Wales 12 November 2013 2 August 2015
30   Liberal Victoria 10 August 2015 23 November 2021
31   Liberal Queensland 23 November 2021 26 July 2022 245 days
32   Labor Queensland 26 July 2022 Incumbent

Assistants to the speaker

The House elects two of its members to serve as deputy speaker and second deputy speaker. The speaker also nominates a number of other MPs to assist with chairing proceedings of the House and Federation Chamber, who form the speaker's panel. In order for business to proceed, the House may choose any member to take the chair if the speaker is absent and the previously deputised members are unavailable; this is rare. Any member chairing the House in the absence of the speaker or deputy speakers is addressed as "Deputy Speaker". However, only the deputy and second deputy speakers can serve as "acting speaker", with the full powers of the position.[16]

Election

The election of either the deputy speaker and second deputy speaker is held when the respective position is vacant. If both positions of deputy speaker and second deputy speaker are vacant (for example at the start of each parliament), then the elections for deputy speaker and second deputy speaker are conducted together in one election. The runner-up in such an election is then deemed to have been elected second deputy speaker.[17]

Until July 2019 (except for a short period between October 2012 and November 2013), standing order 13(c) of the House stated that only a non-government MP may be a second deputy speaker.[18] This comes from the usual convention that the deputy speaker is a government MP, and a non-government MP as the second deputy speaker would "allow people from opposing sides in the two roles of Deputy Speaker and Second Deputy Speaker", as quoted by Labor MP Anthony Albanese. Since 1943, there were only two occasions when the deputy speaker was not held by a government MP, both during the 43rd Parliament when Labor was in minority government. The first occasion was at the start of the 43rd Parliament in September 2010, when Peter Slipper of the Liberal Party was nominated by Labor and defeated Bruce Scott of the National Party to be the deputy speaker.[19] Scott continued to be the second deputy speaker. In this occasion, both positions were held by non-government MPs.

The second occasion was on 9 October 2012, when Scott defeated Labor MP and nominee Steve Georganas and became the deputy speaker.[20] The following day, the House voted to remove standing order 13(c) to allow Georganas (government MP) to be elected as second deputy speaker.[21] Both Scott and Georganas stayed in their roles for the rest of the 43rd Parliament. Standing order 13(c) was reinstated at the start of the 44th Parliament in November 2013.[22]

Standing order 13(c) was altered on 4 July 2019 with bipartisan support.[23] The new standing order, current, states that if a government MP was elected as deputy speaker, then only a non-government MP may be elected as second deputy speaker. Likewise, if a non-government MP was elected as deputy speaker, then only a government MP may be elected as second deputy speaker.[24]

The deputy speakership election held on 10 February 2020 was unique in that the winner Llew O'Brien (nominated by Labor) and the runner-up Damian Drum (nominated by the Coalition government) were both government MPs.[25] As the election was only for the deputy speakership position (the second deputy speaker position was not vacant), Drum was not elected as second deputy speaker. Otherwise, this would have been against standing order 13(c).[24]

Deputy speaker

The position of deputy speaker was created in 1994 in place of the former position of "chairman of committees", which had existed since the first parliament in 1901. This coincided with the establishment of the Main Committee (now renamed the Federation Chamber).The deputy speaker has the same procedural powers as the speaker while in the chair, including signing messages from the House to the Senate. As well as deputising for the speaker, the deputy speaker chairs the Federation Chamber.[16]

Following the 2022 federal election, Sharon Claydon was elected as deputy speaker.

List of deputy speakers and chairmen of committees

The title of the office was originally "chairman of committees". This was changed to "deputy speaker and chairman of committees" on 3 November 1992 and to simply "deputy speaker" on 21 February 1994. The terms of deputy speakers technically coincide with terms of parliament, however for the purposes of the table below terms spanning multiple parliaments are deemed to be continuous. Prior to 10 July 1907 the chairman of committees was elected on a sessional basis.[26]

NamePartyState Term startTerm endTerm in office
1John Chanter ProtectionistNew South Wales5 June 190122 October 1903
2Carty Salmon ProtectionistVictoria17 March 190421 December 1905
3Charles McDonald LaborQueensland20 June 190619 February 1910
4Alexander Poynton LaborSouth Australia1 July 191023 April 1913
5James Fowler LiberalWestern Australia9 July 191330 July 1914
(1)John Chanter LaborNew South Wales9 October 19146 November 1922
 National Labor
 Nationalist
6Fred Bamford NationalistQueensland28 February 19233 October 1925
7James Bayley NationalistQueensland14 January 192616 September 1929
8Charles McGrath LaborVictoria20 November 192927 November 1931
 United Australia
9George Bell United AustraliaTasmania17 February 19327 August 1934
10John Prowse CountryWestern Australia23 October 193421 June 1943
11Bill Riordan LaborQueensland22 June 194316 August 1946
12Joe Clark LaborNew South Wales7 November 194631 October 1949
13Charles Adermann CountryQueensland22 February 195014 October 1958
14George Bowden CountryVictoria17 February 19597 March 1961
15Philip Lucock CountryNew South Wales8 March 19612 November 1972
16Gordon Scholes LaborSouth Australia28 February 197327 February 1975
17Joe Berinson LaborWestern Australia27 February 197514 July 1975
18Harry Jenkins Sr. LaborVictoria19 August 197511 November 1975
(15)Philip Lucock National CountryNew South Wales17 February 197610 November 1977
19Clarrie Millar National CountryQueensland21 February 19784 February 1983
20Les Johnson LaborNew South Wales21 April 198319 December 1983
21Joan Child LaborVictoria28 February 198411 February 1986
22Leo McLeay LaborNew South Wales11 February 198629 August 1989
23Ron Edwards LaborWestern Australia29 August 19898 February 1993
24Harry Jenkins Jr. LaborVictoria4 May 199329 January 1996
25Garry Nehl NationalNew South Wales30 April 19968 October 2001
26Ian Causley NationalNew South Wales12 February 200217 October 2007
27Anna Burke LaborVictoria12 February 200819 July 2010
28Peter Slipper LiberalQueensland28 September 201024 November 2011
(27)Anna Burke LaborVictoria24 November 20119 October 2012
29Bruce Scott NationalQueensland9 October 20129 May 2016
30Mark Coulton NationalNew South Wales30 August 20165 March 2018
31Kevin Hogan NationalNew South Wales26 March 201810 February 2020
32Llew O'Brien Liberal NationalQueensland10 February 202011 April 2022
 National
33Sharon Claydon LaborNew South Wales26 July 2022Incumbent

Second deputy speaker

The position of second deputy speaker was created in 1994, primarily as an assistant to the deputy speaker in the Federation Chamber.

List of second deputy speakers

The terms of second deputy speakers technically coincide with terms of parliament,[26] however for the purposes of the table below terms spanning multiple parliaments are deemed to be continuous.

NamePartyState Term startTerm endTerm in office
1Allan Rocher LiberalWestern Australia3 March 199429 January 1996
 Independent
2Harry Jenkins Jr. LaborVictoria30 April 199617 October 2007
3Bruce Scott NationalQueensland12 February 20089 October 2012
3Steve Georganas LaborSouth Australia10 October 20125 August 2013
4Rob Mitchell LaborVictoria12 November 201311 April 2022
5Ian Goodenough LiberalWestern Australia26 July 2022Incumbent

Speaker's panel

The speaker's panel consists of at least four MPs nominated by the speaker at the start of each parliament. The speaker may nominate additional members or revoke membership at any point during the parliament. Members of the panel are called on to chair meetings of the House at the request of the speaker, as well as meetings of the Federation Chamber at the request of the deputy speaker or second deputy speaker. A roster is maintained so that the chair can always be filled. Members of the panel will relinquish the chair to the speaker or deputy speaker "if disorder arises or if special circumstances apply".[27]

Historically, the speaker has nominated both government and opposition MPs to the speaker's panel. However, after the 2010 and 2013 elections opposition members refused to serve on the panel. The practice resumed later in the 2013–16 parliamentary term.[27]

Notes and References

  1. News: Salary. Remuneration Tribunal. 16 February 2020.
  2. Web site: corporateName=Commonwealth Parliament; address=Parliament House . Canberra . The Speaker . 2023-10-06 . www.aph.gov.au . en-AU.
  3. Web site: Speaker of the House of Representatives - Parliamentary Education Office . 2023-10-06 . peo.gov.au . en.
  4. http://www.austlii.edu.au/au/legis/cth/consol_act/ppa1987273/s8.html Parliamentary Privileges Act 1987, Section 8.
  5. Book: House of Representatives Practice . The Speaker, Deputy Speaker, and officers . Australian House of Representatives . 197 . Ian Harris, Clerk of the House of Representatives . 22 May 2011.
  6. http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query%3DId%3A%22chamber/hansardr/17ce9e95-ddb6-408d-8d19-954ef4b886b1/0000%22 Commonwealth, Parliamentary Debates, House of Representatives
  7. News: Oakeshott nearly brings down the house. The Australian. Dennis. Shanahan. 1 June 2011. 8 June 2011.
  8. News: Coalition takes credit for saving Speaker. ABC News. 1 June 2011. 8 June 2011.
  9. News: Abbott averts Speaker crisis. The Sydney Morning Herald. Paul. Osbourne. 31 May 2011. 8 June 2011.
  10. Web site: Appendix 2 Speakers of the House of Representatives. House of Representatives Practice Fifth Edition. Parliament of Australia. 26 November 2011.
  11. News: Megalogenis. George. Rats prepared to ditch their parties to survive. 26 November 2011. The Australian. 25 November 2011.
  12. News: Pomp-seeker Slipper told to get on with job. 8 February 2012. Barbara. Miller. ABC News. 9 February 2012.
  13. http://www.aph.gov.au/hansard/reps/dailys/dr300496.pdf Commonwealth Hansard, Parliamentary Debates, House of Representatives
  14. News: New procession ushers in Slipper era. 14 February 2012. Emma. Griffiths. ABC News. 14 February 2012.
  15. Book: Parliamentary Handbook of the Commonwealth of Australia . Parliament of Australia . Historical Information . 602 . 2011 . 22nd.
  16. News: Deputy Speaker. House of Representatives Practice. 7th. Parliament of Australia. 13 February 2020.
  17. News: Second Deputy Speaker. House of Representatives Practice. 7th. Parliament of Australia. 13 February 2020.
  18. Web site: Chapter 3. Election of Speaker and Deputies (as of 23 June 2004). Parliament of Australia. https://web.archive.org/web/20120228142705/http://www.aph.gov.au/~/media/05%20About%20Parliament/53%20HoR/532%20PPP/StandingOrders/chapter3.ashx. 28 February 2012. dead.
  19. News: Labor nominee Slipper elected Deputy Speaker . ABC News . 28 September 2010 . 28 September 2010 . Australia.
  20. News: Bruce Scott elected Deputy Speaker . Australian Associated Press. The Age . Australia . 9 October 2012 . 9 October 2012 .
  21. Web site: House of Representatives Hansard (10 October 2012) - Standing Orders. Parliament of Australia. 10 October 2012.
  22. Web site: House of Representatives Hansard (13 November 2013) - Standing Orders. Parliament of Australia. 90–125. 13 November 2013.
  23. Web site: House of Representatives Hansard (4 July 2019) - Standing Orders. Parliament of Australia. 4 July 2019.
  24. Web site: House of Representatives Standing Orders - Chapter 3. Election of Speaker and Deputies (as of 4 July 2019). Parliament of Australia. 31 July 2022.
  25. News: Morrison government loses shock vote on deputy speaker. The Australian Financial Review. 10 February 2020. 13 February 2020.
  26. News: Appendix 3—Deputy Speakers. House of Representatives Practice. Parliament of Australia. 7th. 15 February 2020.
  27. News: Speaker's panel. House of Representatives Practice. 7th. Parliament of Australia. 13 February 2020.