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Legislative Assembly for the ACT: 1997 Week 5 Hansard (13 May) . . Page.. 1272 ..


MR SPEAKER (continuing):

Further, the standing orders give the Speaker the power to amend notices containing unbecoming expressions, and the standing orders relating to questions set down a number of general rules for questions and specifically provide at standing order 117(d):

Questions shall not be asked which reflect on or are critical of the character or conduct of those persons whose conduct may only be challenged on a substantive motion, and notice must be given of questions critical of the character or conduct of other persons.

I also remind members of other specific provisions of standing orders setting out the rules for questions, in particular the provisions of standing order 117(b), which provides:

Questions shall not contain ... statements of fact or names of persons unless they are strictly necessary to render the question intelligible and the facts can be authenticated.

Standing order 117(b) also prohibits questions that contain inferences, imputations or epithets. That is the situation for question time. The question of debates is unclear.

This Assembly, however, has seen fit to make specific and general orders in relation to comments made about persons other than members. On 13 May 1993, some members may recall, the Assembly ordered that a notice of motion concerning allegations against a senior public servant be removed from the notice paper and that a motion in relation to the allegations not be placed on the notice paper for the remainder of the year. Later, on 19 May that year, the Speaker informed the Assembly that certain words that dealt with the same subject should not be included in the Hansard record of proceedings. More importantly, the Assembly, on 4 May 1995, resolved:

(1) That the Assembly considers that, in speaking in the Assembly or in a committee, Members should take the following matters into account:

(a) the need to exercise their valuable right of freedom of speech in a responsible manner;

(b) the damage that may be done by allegations made in the Legislative Assembly to those who are the subject of such allegations and to the standing of the Legislative Assembly;

(c) the limited opportunities for persons other than members of the Legislative Assembly to respond to allegations made in the Legislative Assembly;


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