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Legislative Assembly for the ACT: 1997 Week 3 Hansard (8 April) . . Page.. 697 ..

QUESTION TIME
Definition of "Hypothetical"

MR SPEAKER: Members, at the meeting of the Assembly on Tuesday, 25 February, Mr Whitecross requested that I advise the Assembly of my definition of the word "hypothetical". I undertook to do so. Mr Whitecross's request followed my ruling that a supplementary question without notice was out of order, on the ground that it was hypothetical. The Macquarie Dictionary gives detailed definitions of "hypothesis" and "hypothetical" which I will not read to the Assembly. House of Representatives Practice states:

The purpose of questions is to enable Members to obtain factual information or press for action on matters for which the Minister questioned is responsible to the House.

It refers to the very detailed provisions contained in the House of Representatives standing orders, on which our standing orders, including standing order 117(b)(vii), are based, whose primary objective is to ensure that this purpose is given effect to. It states:

In particular, they attempt to restrain the questioner from giving unnecessary information or introducing or inviting argument and thereby initiating a debate.

In relation to the rule that questions should not contain hypothetical matter, Parliamentary Practice in New Zealand states:

The reference to hypothetical matters is important. In seeking answers to questions, members are seeking information on existing factual situations. They are not permitted to construct hypotheses and put artificial propositions to Ministers. The most obvious way in which hypothetical matter is introduced is if the question contains a conditional clause - usually beginning with the word "if" - postulating a state of affairs which does not exist. Such questions will usually be out of order on the further ground that they seek an expression of opinion by the Minister, which is also not allowed.

This would not preclude out of hand a question seeking information on legislation or Government policy, even though there is no particular case cited in the question. It would be in order to seek information on whether the Government had a contingency plan for a given situation and seek details of the plan or seek details of the effect that a particular Government decision or policy would have. It would not be in order to base a question on an assumption that was clearly groundless or hypothetical. Having considered the proof Hansard record of the supplementary question ruled out of order, I do not now consider that the question is hypothetical, as the question relates to querying Government policy in relation to the conduct of inquiries, which the Minister had spoken about in the answer to Mr Berry's first question. However, the question could be perceived to have contained an imputation or inference, and I remind members of the provisions of standing order 107 in respect of those two matters.

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