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Speaker of the House of Representatives | |
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House of Representatives | |
Style | The Honourable (Formal and Diplomatic) Mister/Madam/no title Speaker (Informal and within the House) |
Appointer | Elected by the House of Representatives |
Term length | 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 |
Inaugural holder | Sir Frederick Holder (1901) |
Formation | 9 July 1900 |
Deputy | Sharon Claydon (since 26 July 2022) |
Salary | $369,700 (2019–20)[1] |
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The speaker of the Australian House of Representatives is the presiding officer of the Australian House of Representatives, the lower chamber within 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
Results of Speaker elections
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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:
- In 1929 Speaker Littleton Groom declined to come into the House and cast a vote in committee of the whole (what is now known as consideration in detail ) when his vote would have saved the Bruce government from defeat. As a result, he was expelled from the Nationalist Party and defeated in his constituency at the subsequent election.
- In 1975 the Whitlam government refused to support Speaker Jim Cope when he named government minister Clyde Cameron for disrespect to the Chair: normally this would have resulted in the minister's suspension from the House. The Speaker resigned on the spot. This is the only occasion on which a Government failed to support a Speaker after a Member had been named.[5]
- In 1982 Speaker Billy Snedden refused to insist that an opposition frontbencher, Bob Hawke, retract an allegation that the Prime Minister, Malcolm Fraser, was a liar. Snedden stood his ground despite furious demands from government members that Hawke either be made to retract or be named.
- In 2011, a Speaker survived being countermanded by the House. After a contentious debate on carbon pricing in which Speaker Harry Jenkins declared a "general warning" for all members, Liberal MP Bob Baldwin interjected and was named by the Speaker. The Government accordingly moved that he be suspended, but Baldwin was supported by the Coalition, independent MP Rob Oakeshott and WA Nationals MP Tony Crook. The resulting vote on suspending Baldwin for 24 hours failed 71–72. Convention would normally have required the Speaker to resign, but the House of Representatives immediately thereafter passed a motion of confidence in the Speaker, and as a consequence, Speaker Jenkins continued in office.[6][7][8][9]
Speakers of or from opposition parties
While speakers normally come from the governing party, there have been several exceptions.
Zdroj:https://en.wikipedia.org?pojem=Speaker_of_the_Australian_House_of_Representatives
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