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House of Representatives                                Ch 8                                                 p 277

Deferred divisions

On Mondays, any division called for in the House on a question, other than a motion moved by a Minister, in the period prior to questions without notice being called on or during presentation of petitions or private Members’ business, is deferred until the grievance debate has concluded or been postponed. ¹ The timing of such a division depends on the length of Question Time, but would normally be about 5.10 p.m. This provision is aimed at preventing unnecessary disruption to the limited time available for committee and private Members’ business. It also prevents interruptions to Cabinet or Cabinet committee meetings, which often take place on Monday mornings during sitting weeks.

In 2003 a further provision for deferred divisions was introduced when the House commenced sitting through its customary evening meal break period. On Mondays and Tuesdays, any division called for in the House between the hours of 6.30 p.m. and 8 p.m. on a question, other than on a motion moved by a Minister during that period, stands deferred until 8 p.m. ² If a Member is speaking at 8 p.m. the division is postponed until the end of the Member’s speech. ³ A debate may be adjourned to allow an expected division to occur at a convenient time. ⁴

Suggestions have sometimes been made that divisions should take place at a set time each day, in order to save the time of the House and to avoid the disruption that unpredictable divisions can cause to Members and Ministers. ⁵ Although such a procedure has some attractions, the legislative program could be affected, as each subsequent stage of a bill is dependent on a decision having been reached on the previous stage, and each division called could necessitate postponement of further consideration of a bill, perhaps for a significant period. Another consideration is the range of procedural motions which can be moved without notice at any time, which need to be resolved before business can continue and which are often divided on. This is not to say that divisions could not in many cases be arranged to occur at times which suited both Government and Opposition, but this would result from consultation and cooperative timetabling of business (such as usually occurs during the evening meal times when divisions tend to be avoided by timing of business rather than deferral) rather than from the setting of an arbitrary time for the holding of all divisions. ⁶

The use of deferred divisions is possible with respect to private Members’ business because in the normal course divisions are not expected during this period. On the rare occasions divisions are called for they have generally been in relation to unscheduled procedural motions, such as an attempt to suspend standing orders. ⁷ Votes on a motion to refer a petition to a committee, ⁸ dissent to a ruling of the Chair ⁹ and a motion that a Member now be heard ¹⁰ have also been deferred under this procedure.

S.O. 133(a).

S.O. 133(b).

E.g. H.R. Deb. (13.10.2003) 21260.

E.g. VP 2002-04/1206-8.

See A. R. Browning ‘The ringing of the bells causes some divisions’, Canberra Times, 27.9.87, p. 2.

E.g. proceedings on the Euthanasia Laws Bill 1996 (a private Member’s bill) were postponed by agreement so that divisions would occur at a convenient time. H.R. Deb. (9.12.96) 8037.

VP 1990-93/1253, 1257, 1261-2. VP 1998-2001/2549, 2555—division not proceeded with when called on later.

VP 1987-90/1119-20, 1122-3.

VP 1990-93/1261-3.

VP 1996-98/399, 407 (however, instead of a division being held, the motion was withdrawn, by leave).