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House of Representatives                                Ch 7                                                 p 216

Members sworn

On returning to the House and after an interval of some minutes, the judge, who is received standing, is escorted to the Speaker’s Chair, and his or her authority from the Governor-General to administer the oath or affirmation is read by the Clerk. Returns to the writs for the general election ¹ (including returns to writs for supplementary elections ² ), showing the Member elected for each electoral division, are presented by the Clerk. For these purposes the names of Members shown on the writs, called by the Clerk and recorded in the Votes and Proceedings, are as given by Members on their nomination forms, so that, for example, sometimes an abbreviated first name is shown, or the name of a person who has married and changed her name since nomination will be shown as it was at the time of nomination. ³ Members then come to the Table, in groups in the order in which they are called, to be sworn in. After making the oath or affirmation, and signing the oath or affirmation form, Members return to their seats. ⁴ When all Members present have been sworn in, the judge signs the attestation forms and retires, preceded by the Serjeant-at-Arms.

Members not sworn in at this stage may be sworn in later in the day’s proceedings or on a subsequent sitting day by the Speaker, who receives an authority from the Governor-General to administer the oath or affirmation. As the Constitution provides that every Member shall take and subscribe an oath or affirmation of allegiance before taking his seat, ⁵ a Member may take no part in the proceedings of the House until this occurs. ⁶

A proclamation by the Governor-General rectifying errors in the writs has also been presented, VP 1998-2001/3.

Necessary when a person who has nominated for a general election dies after nominations have closed and before polling day, VP 1973-74/4.

VP 1996-98/3-8.

See Ch. on ‘Members’, for further discussion and form of oath and affirmation.

Constitution, s. 42. Members assembling (and sitting) in the Chamber prior to being sworn in are said to ‘assume’ their seats. They ‘take’ their seats after being sworn.

On the opening day of the 21st Parliament a Member who had not been sworn in entered the House during the election of the Speaker. Having been advised that he could not take his seat until sworn in he withdrew and was later sworn in by the Speaker, VP 1954-55/8. However, in similar circumstances returning Members re-elected have been permitted to ‘assume’ their seats immediately prior to being called to the Table to be sworn.