House debates
Wednesday, 22 October 2014
Bills
Social Services and Other Legislation Amendment (Seniors Supplement Cessation) Bill 2014, Social Services and Other Legislation Amendment (2014 Budget Measures No. 4) Bill 2014, Social Services and Other Legislation Amendment (Student Measures) Bill 2014; Second Reading
7:23 pm
Mr Tony Burke (Watson, Australian Labor Party, Shadow Minister for Finance) Share this | Hansard source
(In division) Mr Deputy Speaker, the precedent that I am referring to is at footnote 378 on page 279 of Practice.
The DEPUTY SPEAKER: (In division) Order! I make the ruling that the member for Capricornia's vote will not be counted, and that is where the decision ends.
(In division) So that is in order?
The DEPUTY SPEAKER: (In division) The member for Capricornia was given bad advice but she did not sit in a member's seat. Member for Watson, the precedent that you are talking about is when a member is sitting in their seat and they disregard a ruling from the chair and move to the back of the chamber. This is a different situation and the member for Capricornia's vote will not be counted.
(In division) Mr Deputy Speaker, I raise a point of order. My understanding is that the member for Capricornia pushed in after the direction had been given that the doors be locked. At that point she pushed her way into the chamber. That is of a similar gravity to someone moving to the back because it is still occurring after the call has been given for the doors to be locked and the tellers to be appointed. The principle under which that precedent exists applies in the exact same way: someone moved to the back of the chamber in a disorderly fashion. The member for Capricornia should not be able to be counted out of the ballot as though she had not broken any rules; she did.
The DEPUTY SPEAKER: (In division) The member for Capricornia actually got through the doors and she had the opportunity to sit down in her seat. She was advised not to; that was her prerogative, and she stayed at the back of the chamber. That is where she opted to stay. She should have actually sat down in her seat, because any other members would have done the same thing. She did not do that; she stayed at the back of the chamber. Her vote is not counted, therefore. Her vote will be recorded as having not voted at all. I thank the member for Watson for trying to clarify that.
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