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House of Representatives                                Ch 9                                                 p 311

Duration

Ordinarily the orders and resolutions of the House are singular or ‘one off’ in effect. There are those orders that are of a machinery nature—for example, an order of the House that a bill be read a second or third time—and there are those that are more specific in nature—for example, an order that the Speaker, in the name of the House, take some particular action. ¹ An example of a ‘singular’ resolution of the House would be one agreeing to a motion of condolence. The great majority of the orders and resolutions of the House are of the singular type.

Orders and resolutions of the non-singular type may be of unspecified, limited or continuing duration.

Some singular orders and resolutions are seen to have effect from one session to the next, prorogation notwithstanding. For example, on 17 September 1980 the House passed two resolutions, concerning reports of the Committee of Privileges, which expressed the opinion that the reports of the committee should be considered early in the 32nd Parliament (the next Parliament). ² The terms of a resolution may state that it is to have effect for a limited time—for example, until a specific date, or for the remainder of a session. Resolutions appointing standing committees, as a matter of routine, contain the words ‘until the House of Representatives is dissolved or expires by effluxion of time’; resolutions appointing select committees sometimes do so. Some orders and resolutions expressly state that they are to have a continuing and binding, or standing, effect. The obvious examples of this are the standing orders themselves. These are the permanent rules for the guiding and control of the House in the conduct of its business, ³ which are ‘of continuing effect and apply until changed by the House in this or a subsequent Parliament’. ⁴ In 1984 the terms of resolutions adopted relating to the registration and declaration of Members’ interests specified that they were ‘to have effect from the commencement of the 34th Parliament and to continue in force unless and until amended or repealed by the House of Representatives in this or a subsequent Parliament’. ⁵ The resolutions have since been amended on several occasions. More recent resolutions of continuing effect were those of:

Each of these resolutions provided that it ‘continue in force unless and until amended or rescinded by the House in this or a subsequent Parliament’. These resolutions became unnecessary when their provisions were incorporated into the standing orders coming into effect in the 41st Parliament.

Other orders and resolutions, whilst they may not contain such explicit provisions, have been taken to have a continuing effect. The b inding force on a continuing basis of resolutions which may be seen as having continuing effect although their terms do not indicate this, is implicit rather than explicit, in that it relies on the acquiescence of the House for its continuing operation. Such acquiescence does not deny the power of the House simply to ignore the resolutions of previous sessions; to state explicitly that such resolutions have no effect in succeeding sessions; to rescind them explicitly; or to pass other resolutions, notwithstanding them. Orders and resolutions which affect the practice and procedure of the House without any period of duration being fixed, are often regarded as having permanent validity. That is, they may, by virtue of continuous practice, acquire the force of customary law.

That such orders and resolutions of the House of Representatives will have continuing validity is implied in section 50 of the Constitution. ⁹ The standing orders of the House also imply the continuing validity of such orders and resolutions. Standing order 3(e) says, in part, that in deciding cases not otherwise provided for, the Speaker shall have regard to established practices of the House.

However, despite the historical merit of such arguments, to avoid doubt it has become the practice to make the duration of effect explicit in the terms of the resolution itself. The development of this practice may be seen in the history of the resolution of 5 May 1993, referred to above, relating to Parliamentary Secretaries. A resolution in identical terms (apart from the provision for continuing effect) had been agreed to in the preceding Parliament. In moving the new motion the Leader of the House explained that it was returning to the House because of doubts as to whether the previous resolution would cover the new Parliament. ¹⁰

VP 1950-51/217; VP 1962-63/500.

VP 1978-80/1672-3.

See section on ‘Sources of procedural authority’ in Ch. on ‘The Speaker, Deputy Speakers and officers’.

S.O. 3(a).

VP 1983-84/945-6.

VP 1993-95/25.

VP 1993-95/982-3.

VP 1993-95/1620.

See also Quick and Garran , pp. 507-8.

H.R. Deb. (5.5.93) 89.