Speaker of the New South Wales Legislative Assembly
Encyclopedia
The Speaker of the New South Wales Legislative Assembly is the presiding officer
of the Legislative Assembly
, New South Wales
's lower chamber of Parliament
. The current Speaker is Shelley Hancock
, who was elected on 3 May 2011. Traditionally a partisan office, filled by the governing party of the time, Hancock replaced the previous independent
Richard Torbay
, following the 2011 general election
.
(MP).
The office of the Speaker is recognised in section 31 of the Constitution Act 1902 as the Legislative Assembly's "independent and impartial representative". The first act of the new Parliament, after the swearing in of Members, is the election of a Speaker. Section 31B of the Constitution Act outlines the method of election. Under section 70 of the Parliamentary Electorates and Elections Act 1912, the Speaker issues writs to fill vacancies caused otherwise than by a General Election, which would be issued by the Governor.
The Speaker's role in the House is to maintain order, put questions after debate and conduct divisions. In maintaining order the Speaker interprets and applies the Standing Orders and practice of the House by making rulings and decisions.
The Speaker also has extensive administrative functions, being responsible, with the President, for the overall direction of the Parliament. In this, the Presiding Officers are advised by the Clerks of both Houses. The Speaker is solely responsible for the operation of the Department of the Legislative Assembly.
If only one candidate is nominated for election, then no ballot is held, and the Assembly proceeds directly to the motion to appoint the candidate to the Speakership. A similar procedure is used if a Speaker seeks a further term after a general election: no ballot is held, and the Assembly immediately votes on a motion to re-elect the Speaker. If the motion to re-elect the Speaker fails, candidates are nominated, and the Assembly proceeds with voting. Upon the passage of the motion, the Speaker-elect is expected to show reluctance at being chosen; he or she is customarily "dragged unwillingly" by MPs to the Speaker's bench. This custom has its roots in the Speaker's original function of communicating the House of Commons' opinions to the monarch. Historically, the Speaker, representing the House to the Monarch, potentially faced the Monarch's anger and therefore required some persuasion to accept the post.
After election, the Speaker ceases to be associated with his or her former party. In 2007, Richard Torbay was the first independent Speaker since 1917, breaking a pattern of alternation between Labor and Conservative members which had occurred from the 1917 through to the 2003 elections of Speakers.
Many Speakers also held higher or other offices while in Parliament:The first Speaker, Sir Daniel Cooper (1856–1860) was later made a Baronet
, of Woollahra in New South Wales, in 1863; William Arnold
(1865–1875) served in the Robertson and Cowper Ministries before becoming Speaker; Sir George Wigram Allen
(1875–1882) also served as a Minister in the first Parkes Government; Edmund Barton
(1883–1887) entered the new Federal Parliament in 1901 as the first Prime Minister of Australia
(1901–1903) and thereafter served as a Puisne Justice of the High Court of Australia until 1920; James Dooley
(1925–1927) before taking up the role of Speaker had served two terms as the Premier of New South Wales in 1921 and from 1921 to 1922; Reginald Weaver
(1937–1941), later served briefly as Leader of the Opposition of New South Wales
and as the first Leader of the NSW Liberal Party in 1945 before his death and John Aquilina
(2003–2007) also served as a Minister in the Unsworth and Carr Labor Governments.
such as the black silk lay-type gown (similar to a QC's gown), a lace collar or jabot (another variation included a white bow tie with a lace jabot), bar jacket, white gloves and a full-bottomed wig. Often the dress variated according to the party in power, with most Labor party speakers eschewing the wig while retaining the court dress, while conservative and independent speakers tended to wear the full dress.
The Speaker, currently, no longer wears the traditional court dress outfit. Kevin Rozzoli was the last speaker to do so. From 1995 to 2007, Speakers Murray and Aquilina opted not to wear any dress at all, preferring a business suit. Torbay chose not to wear the full court dress of the speaker upon his election in 2007, nevertheless he returned to tradition by wearing the gown during question time and significant occasions such as the Budget. Speaker Hancock has continued this practice. However, there is nothing stopping any given Speaker, if they choose to do so, from assuming traditional court dress or anything they deem appropriate.
Speaker (politics)
The term speaker is a title often given to the presiding officer of a deliberative assembly, especially a legislative body. The speaker's official role is to moderate debate, make rulings on procedure, announce the results of votes, and the like. The speaker decides who may speak and has the...
of the Legislative Assembly
New South Wales Legislative Assembly
The Legislative Assembly, or lower house, is one of the two chambers of the Parliament of New South Wales, an Australian state. The other chamber is the Legislative Council. Both the Assembly and Council sit at Parliament House in the state capital, Sydney...
, New South Wales
New South Wales
New South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. New South Wales...
's lower chamber of Parliament
Parliament of New South Wales
The Parliament of New South Wales, located in Parliament House on Macquarie Street, Sydney, is the main legislative body in the Australian state of New South Wales . It is a bicameral parliament elected by the people of the state in general elections. The parliament shares law making powers with...
. The current Speaker is Shelley Hancock
Shelley Hancock
Shelley Elizabeth Hancock MP , an Australian politician, was elected as the first female Speaker of the New South Wales Legislative Assembly at the first sitting of Parliament following the 2011 state election...
, who was elected on 3 May 2011. Traditionally a partisan office, filled by the governing party of the time, Hancock replaced the previous independent
Independent (politician)
In politics, an independent or non-party politician is an individual not affiliated to any political party. Independents may hold a centrist viewpoint between those of major political parties, a viewpoint more extreme than any major party, or they may have a viewpoint based on issues that they do...
Richard Torbay
Richard Torbay
George Richard Torbay MP , an Australian politician, is an independent member of the New South Wales Legislative Assembly representing Northern Tablelands since 1999. Torbay was the 30th Speaker of the New South Wales Legislative Assembly, serving from 2007 until 2011, and was the first independent...
, following the 2011 general election
New South Wales state election, 2011
Elections to the 55th Parliament of New South Wales were held on Saturday, 26 March 2011. The 16-year incumbent Australian Labor Party government led by Premier Kristina Keneally was defeated in a landslide by the Liberal-National coalition opposition led by Barry O'Farrell.New South Wales has...
.
Role
The Speaker presides over the House's debates, determining which members may speak. The Speaker is also responsible for maintaining order during debate, and may punish members who break the rules of the House. Conventionally, the Speaker remains non-partisan, and renounces all affiliation with his former political party when taking office. The Speaker does not take part in debate nor vote (except to break ties, and even then, subject to conventions that maintain his or her non-partisan status), although the Speaker is still able to speak. Aside from duties relating to presiding over the House, the Speaker also performs administrative and procedural functions, and remains a constituency Member of ParliamentMember of Parliament
A Member of Parliament is a representative of the voters to a :parliament. In many countries with bicameral parliaments, the term applies specifically to members of the lower house, as upper houses often have a different title, such as senate, and thus also have different titles for its members,...
(MP).
The office of the Speaker is recognised in section 31 of the Constitution Act 1902 as the Legislative Assembly's "independent and impartial representative". The first act of the new Parliament, after the swearing in of Members, is the election of a Speaker. Section 31B of the Constitution Act outlines the method of election. Under section 70 of the Parliamentary Electorates and Elections Act 1912, the Speaker issues writs to fill vacancies caused otherwise than by a General Election, which would be issued by the Governor.
The Speaker's role in the House is to maintain order, put questions after debate and conduct divisions. In maintaining order the Speaker interprets and applies the Standing Orders and practice of the House by making rulings and decisions.
The Speaker also has extensive administrative functions, being responsible, with the President, for the overall direction of the Parliament. In this, the Presiding Officers are advised by the Clerks of both Houses. The Speaker is solely responsible for the operation of the Department of the Legislative Assembly.
If only one candidate is nominated for election, then no ballot is held, and the Assembly proceeds directly to the motion to appoint the candidate to the Speakership. A similar procedure is used if a Speaker seeks a further term after a general election: no ballot is held, and the Assembly immediately votes on a motion to re-elect the Speaker. If the motion to re-elect the Speaker fails, candidates are nominated, and the Assembly proceeds with voting. Upon the passage of the motion, the Speaker-elect is expected to show reluctance at being chosen; he or she is customarily "dragged unwillingly" by MPs to the Speaker's bench. This custom has its roots in the Speaker's original function of communicating the House of Commons' opinions to the monarch. Historically, the Speaker, representing the House to the Monarch, potentially faced the Monarch's anger and therefore required some persuasion to accept the post.
After election, the Speaker ceases to be associated with his or her former party. In 2007, Richard Torbay was the first independent Speaker since 1917, breaking a pattern of alternation between Labor and Conservative members which had occurred from the 1917 through to the 2003 elections of Speakers.
Many Speakers also held higher or other offices while in Parliament:The first Speaker, Sir Daniel Cooper (1856–1860) was later made a Baronet
Baronet
A baronet or the rare female equivalent, a baronetess , is the holder of a hereditary baronetcy awarded by the British Crown...
, of Woollahra in New South Wales, in 1863; William Arnold
William Munnings Arnold
The Hon. William Munning Arnold was an Australian politician and a member of the New South Wales Legislative Assembly from 1856 until his death. He held numerous ministerial positions between 1860 and 1865 including Secretary for Public Works and Secretary for Lands...
(1865–1875) served in the Robertson and Cowper Ministries before becoming Speaker; Sir George Wigram Allen
George Wigram Allen
Sir George Wigram Allen KCMG was an Australian politician and philanthropist. He was Speaker in the New South Wales Legislative Assembly 1875–1883....
(1875–1882) also served as a Minister in the first Parkes Government; Edmund Barton
Edmund Barton
Sir Edmund Barton, GCMG, KC , Australian politician and judge, was the first Prime Minister of Australia and a founding justice of the High Court of Australia....
(1883–1887) entered the new Federal Parliament in 1901 as the first Prime Minister of Australia
Prime Minister of Australia
The Prime Minister of the Commonwealth of Australia is the highest minister of the Crown, leader of the Cabinet and Head of Her Majesty's Australian Government, holding office on commission from the Governor-General of Australia. The office of Prime Minister is, in practice, the most powerful...
(1901–1903) and thereafter served as a Puisne Justice of the High Court of Australia until 1920; James Dooley
James Dooley (Australian politician)
James Thomas Dooley served twice, briefly, as Premier of New South Wales during the early 1920s.-Early years:...
(1925–1927) before taking up the role of Speaker had served two terms as the Premier of New South Wales in 1921 and from 1921 to 1922; Reginald Weaver
Reginald Weaver
Reginald Walter Darcy Weaver was an Australian conservative parliamentarian who served in the New South Wales Legislative Assembly for 28 years. Serving from 1917 in the backbenches, he entered the cabinet of Thomas Bavin in 1929 as Secretary for Mines and Minister for Forests until he returned to...
(1937–1941), later served briefly as Leader of the Opposition of New South Wales
Leader of the Opposition (New South Wales)
The role of the Leader of Her Majesty's Loyal Opposition in New South Wales is a title held by the leader of the largest minority party in the state lower house, the New South Wales Legislative Assembly...
and as the first Leader of the NSW Liberal Party in 1945 before his death and John Aquilina
John Aquilina
John Joseph Aquilina , an Australian politician, is a former member of the New South Wales Legislative Assembly representing the electorate of Blacktown between 1981 and 1991 and the electorate of Riverstone between 1991 and 2011 for the Australian Labor Party.Between 1986 and 1988 and again...
(2003–2007) also served as a Minister in the Unsworth and Carr Labor Governments.
Dress
Following the Westminster tradition inherited from the House of Commons of the United Kingdom, the traditional dress of the speaker includes components of Court dressCourt dress
Court dress comprises the style of clothes prescribed for courts of law, and formerly for royal courts.- Where court dress is worn :Court dress is worn at hearings in open court in all Senior Courts of England and Wales and in county courts. However, court dress may be dispensed with at the option...
such as the black silk lay-type gown (similar to a QC's gown), a lace collar or jabot (another variation included a white bow tie with a lace jabot), bar jacket, white gloves and a full-bottomed wig. Often the dress variated according to the party in power, with most Labor party speakers eschewing the wig while retaining the court dress, while conservative and independent speakers tended to wear the full dress.
The Speaker, currently, no longer wears the traditional court dress outfit. Kevin Rozzoli was the last speaker to do so. From 1995 to 2007, Speakers Murray and Aquilina opted not to wear any dress at all, preferring a business suit. Torbay chose not to wear the full court dress of the speaker upon his election in 2007, nevertheless he returned to tradition by wearing the gown during question time and significant occasions such as the Budget. Speaker Hancock has continued this practice. However, there is nothing stopping any given Speaker, if they choose to do so, from assuming traditional court dress or anything they deem appropriate.
Speakers of the Legislative Assembly
| # | Member | Party | Term in Office |
| 1 | Hon Sir Daniel Cooper | None | 22 May 1856 – 31 January 1860 |
| 2 | Hon Terence Aubrey Murray | None | 31 January 1860 – 13 October 1862 |
| 3 | Hon John Hay | None | 14 October 1862 – 31 October 1865 |
| 4 | Hon William Arnold William Munnings Arnold The Hon. William Munning Arnold was an Australian politician and a member of the New South Wales Legislative Assembly from 1856 until his death. He held numerous ministerial positions between 1860 and 1865 including Secretary for Public Works and Secretary for Lands... |
None | 1 November 1865 – 1 March 1875 |
| 5 | Hon Sir George Wigram Allen George Wigram Allen Sir George Wigram Allen KCMG was an Australian politician and philanthropist. He was Speaker in the New South Wales Legislative Assembly 1875–1883.... |
None | 23 March 1875 – 23 November 1882 |
| 6 | Hon Edmund Barton Edmund Barton Sir Edmund Barton, GCMG, KC , Australian politician and judge, was the first Prime Minister of Australia and a founding justice of the High Court of Australia.... |
None | 3 January 1883 – 31 January 1887 |
| 7 | Hon James Young | Free Trade Party Free Trade Party The Free Trade Party which was officially known as the Australian Free Trade and Liberal Association, also referred to as the Revenue Tariff Party in some states and renamed the Anti-Socialist Party in 1906, was an Australian political party, formally organised between 1889 and 1909... |
8 March 1887 – 21 October 1890 |
| 8 | Hon Sir Joseph Palmer Abbott Joseph Palmer Abbott Sir Joseph Palmer Abbott, KB, KCMG was an Australian politician and solicitor.-Early life:Joseph Palmer Abbott was born on 29 September 1842 at Muswellbrook, New South Wales, to John Kingsmill Abbott, a squatter, and his wife Frances Amanda, née Brady... |
Independent | 22 October 1890 – 12 June 1900 |
| 9 | Hon William McCourt | Liberal Reform Party Liberal Reform Party (Australia) The Liberal Reform Party was an Australian political party, active in New South Wales state politics between 1901 and 1916. The question of tariff policy which, had created and divided the Free Trade Party and Protectionist Party in New South Wales in the 1890s, became a federal issue at the time... |
13 June 1900 – 14 November 1910 |
| 10 | Hon John Cann John Cann John Henry Cann was a New South Wales politician, Treasurer, and Minister of the Crown in the cabinets of James McGowen and William Holman. From 1912 to 1914 he was the Treasurer of New South Wales... |
Australian Labor Party Australian Labor Party The Australian Labor Party is an Australian political party. It has been the governing party of the Commonwealth of Australia since the 2007 federal election. Julia Gillard is the party's federal parliamentary leader and Prime Minister of Australia... |
15 November 1910 – 31 July 1911 |
| 11 | Hon Henry Willis Henry Willis (Australian politician) Henry Willis was an Australian politician, born in Port Adelaide, South Australia to English mariner John Willis and Jane, née Emmerson. Having been locally educated, Willis worked at his father's tannery, and in 1884 became a committee member of the South Australian Literary Societies' Union... |
Liberal Party | 24 August 1911 – 22 July 1913 |
| 12 | Hon Henry Morton Henry Morton (politician) Henry Douglas Morton was an Australian politician.Born at Numbaa near Nowra to surveyor Henry Gordon Morton and Jane Fairles , he attended Numbaa Public School and then Hurstville College at Goulburn before becoming a bank teller at the Commercial Banking Company of Sydney... |
Independent | 22 July 1913 – 22 December 1913 |
| 13 | Hon Richard Meagher Richard Meagher Richard Denis Meagher MLA was an Australian solicitor and was Lord Mayor of Sydney from 1916 to 1917.-Early life:... |
Independent | 23 December 1913 – 16 April 1917 |
| 14 | Hon John Jacob Cohen | Liberal Reform Party | 17 April 1917 – 30 January 1919 |
| 15 | Hon Daniel Levy | Nationalist Party Nationalist Party of Australia The Nationalist Party of Australia was an Australian political party. It was formed on 17 February 1917 from a merger between the conservative Commonwealth Liberal Party and the National Labor Party, the name given to the pro-conscription defectors from the Australian Labor Party led by Prime... |
19 August 1919 – 12 December 1921 |
| 16 | Hon Simon Hickey | Australian Labor Party | 13 December 1921 – 20 December 1921 |
| – | Hon Daniel Levy | Nationalist Party | 20 December 1921 – 23 June 1925 |
| 17 | Hon James Dooley James Dooley (Australian politician) James Thomas Dooley served twice, briefly, as Premier of New South Wales during the early 1920s.-Early years:... |
Australian Labor Party | 24 June 1925 – 2 November 1927 |
| – | Hon Sir Daniel Levy | United Australia Party United Australia Party The United Australia Party was an Australian political party that was founded in 1931 and dissolved in 1945. It was the political successor to the Nationalist Party of Australia and predecessor to the Liberal Party of Australia... |
3 November 1927 – 24 November 1930 |
| 18 | Hon Frank Burke | Australian Labor Party | 25 November 1930 – 23 June 1932 |
| – | Hon Sir Daniel Levy | United Australia Party | 24 June 1932 – 20 May 1937 |
| 19 | Hon Reginald Weaver Reginald Weaver Reginald Walter Darcy Weaver was an Australian conservative parliamentarian who served in the New South Wales Legislative Assembly for 28 years. Serving from 1917 in the backbenches, he entered the cabinet of Thomas Bavin in 1929 as Secretary for Mines and Minister for Forests until he returned to... |
United Australia Party | 4 August 1937 – 27 May 1941 |
| 20 | Hon Daniel Clyne Daniel Clyne Daniel Clyne was an Australian politician. He was a member of the New South Wales Legislative Assembly from 1927 until 1956 and, variously, a member of the Australian Labor Party and Lang Labor. He was the Speaker of the New South Wales Legislative Assembly between 1941 and 1947.Clyne was... |
Australian Labor Party | 28 May 1941 – 27 May 1947 |
| 21 | Hon Bill Lamb Bill Lamb The Hon. William Henry Lamb was an Australian politician. He was a member of the New South Wales Legislative Assembly from 1938 until 1962 and, variously, a member of the Australian Labor Party and the Lang Labor Party... |
Australian Labor Party | 28 May 1947 – 20 April 1959 |
| 22 | Hon Ray Maher Ray Maher The Hon. Raphael Septimus Maher was an Australian politician. He was a member of the New South Wales Legislative Assembly from 1953 until 1966 and a member of the Australian Labor Party . Maher was the Speaker of the New South Wales Legislative Assembly between 1959 and 1966.-Early life:Maher... |
Australian Labor Party | 21 April 1959 – 29 January 1965 |
| 23 | Hon Sir Kevin Ellis Kevin Ellis (Australian politician) Sir Kevin William Collin Ellis KBE was an Australian politician, elected as a Liberal member of the New South Wales Legislative Assembly.... |
Liberal Party Liberal Party of Australia The Liberal Party of Australia is an Australian political party.Founded a year after the 1943 federal election to replace the United Australia Party, the centre-right Liberal Party typically competes with the centre-left Australian Labor Party for political office... |
26 May 1965 – 3 December 1973 |
| 24 | Hon Jim Cameron | Liberal Party | 4 December 1973 – 24 May 1976 |
| 25 | Hon Laurie Kelly Laurie Kelly (politician) Lawrence Borthwick "Laurie" Kelly is a former Australian politician. He was the Labor member for Corrimal in the New South Wales Legislative Assembly from 1968 to 1988, and served as Speaker from 1976 to 1988.... |
Australian Labor Party | 25 May 1976 – 26 April 1988 |
| 26 | Hon Kevin Rozzoli Kevin Rozzoli Kevin Richard Rozzoli is an Australian politician. He was a Liberal Party of Australia member of the New South Wales Legislative Assembly from 1973 until 2003, representing the electorate of Hawkesbury. He also served as Speaker of the Legislative Assembly from 1988 to 1995, during the Greiner and... |
Liberal Party | 27 April 1988 – 1 May 1995 |
| 27 | Hon John Murray John Murray (New South Wales politician) John Henry Murray is an Australian politician. He was an Australian Labor Party member of the New South Wales Legislative Assembly from 1982 to 2003, representing the electorate of Drummoyne... |
Australian Labor Party | 2 May 1995 – 28 April 2003 |
| 28 | Hon John Aquilina John Aquilina John Joseph Aquilina , an Australian politician, is a former member of the New South Wales Legislative Assembly representing the electorate of Blacktown between 1981 and 1991 and the electorate of Riverstone between 1991 and 2011 for the Australian Labor Party.Between 1986 and 1988 and again... |
Australian Labor Party | 29 April 2003 – 7 May 2007 |
| 29 | Hon Richard Torbay Richard Torbay George Richard Torbay MP , an Australian politician, is an independent member of the New South Wales Legislative Assembly representing Northern Tablelands since 1999. Torbay was the 30th Speaker of the New South Wales Legislative Assembly, serving from 2007 until 2011, and was the first independent... |
Independent | 8 May 2007 – 2 May 2011 |
| 30 | Hon Shelley Hancock Shelley Hancock Shelley Elizabeth Hancock MP , an Australian politician, was elected as the first female Speaker of the New South Wales Legislative Assembly at the first sitting of Parliament following the 2011 state election... |
Liberal | 3 May 2011 – present |