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House of Representatives                                Ch 6                                                 p 206

Role and functions of the Clerk

The Clerk has an administrative role as well as being a specialist in the rules of parliamentary procedure and practice. As departmental head the Clerk administers the Department of the House of Representatives in the same way as the secretary of an executive department administers his or her department. However, the exercise of this responsibility is qualitatively different to the exercise of normal administrative functions and decisions made or advice given may often be subject to the scrutiny of all Members of the House.

The Clerk administers a department of about 165 staff members responsible for providing services to the Speaker and the House including the Prime Minister, Ministers, party leaders, shadow ministers and private Members. The management role of the Clerk covers the usual range of departmental functions including staffing matters, financial management and so on.

The Clerk is responsible for procedural and related matters both inside and outside the Chamber. ¹ In this capacity the Clerk has numerous responsibilities laid down in the standing orders which include the recording of the Votes and Proceedings of the House (the official record), the safe keeping of all records and documents of the House, the arrangements for bills, production of the Notice Paper, and the signing of Addresses agreed to by the House, motions of thanks and orders of the House.

The Clerk also performs essential functions in the legislative process. As each bill is passed by the House, before it is sent or returned to the Senate the Clerk must certify on the bill that it has passed the House. In whatever way and whenever the House deals with an amendment to a bill or disposes of a bill the Clerk is required to certify accordingly the action taken by the House. Every bill originating in the House and passed by both Houses must be certified by the Clerk to that effect before it can be forwarded to the Governor-General for assent.

When the House proceeds to elect a new Speaker the Clerk assumes the role of chair of the House, calling on the proposer and seconder and putting such questions as are necessary until the Speaker’s Chair is filled ( see p.  167 ).

The Clerk and the staff must also assist the smooth running of the Chamber by the provision of routine support services, documentation and advice. To do this adequately the Clerk must have extensive knowledge and experience in the interpretation of the standing orders, in parliamentary practice and precedent, and in the requirements of the Constitution in so far as they affect the role of the House and its relationship with the Senate. He or she is also required to be informed on the law and practice of other Parliaments and in particular of that of the United Kingdom House of Commons from which much of House of Representatives practice was derived. ²

The Clerk’s advice is offered to the Chair, to Governments, Oppositions, individual Members of the House, the Committee of Privileges, the Procedure Committee and other committees. Advice is given to Members on a wide range of subjects relating to their work and to their participation in proceedings. In 1988 a request from a Member that the Clerk obtain a private legal opinion on the legal status of certain executive activities was not met. While sitting at the Table the Clerk must always keep an ear to the debate as he or she may be called upon to give immediate advice to the Chair or others in relation to a procedural or technical matter suddenly arising.

Each day before the House meets the Clerk needs to examine the business scheduled for the day’s sitting, consider any difficulties which may arise and, prior to the meeting of the House, brief the Speaker in relation to the day’s business. The Clerk and st aff also maintain a close relationship with executive departments and provide advice or guidance in relation to proposed, current or past House business affecting departments.

The Clerk’s role in these matters is discussed in detail throughout the text.

Constitution, s. 49.