From 69311aaba8d8f97acff6c1ba670b529b51cbaf96 Mon Sep 17 00:00:00 2001
From: RunasSudo
Date: Thu, 11 Feb 2021 20:48:22 +1100
Subject: [PATCH] Edition 0.3
Add discussion of:
- indulgence
- Acknowledgement of Country
- adoption of agenda
- minutes of resolutions and minutes of narration
- comparison of minutes and Hansard
Extend chapter on voting to include elections
Copyediting
Add page numbers to PDF for some cross references
---
altering-flow.rst | 44 +++++----
conf.py | 2 +-
epub-copyright.xhtml | 4 +-
holding-meetings.rst | 27 +++---
introduction.rst | 6 +-
meetings.rst | 23 +++--
order-of-business.rst | 32 +++++--
preamble.tex.txt | 6 +-
transacting-business.rst | 96 ++++++++++----------
voting.rst | 191 +++++++++++++++++++++++++++++++++++++--
10 files changed, 322 insertions(+), 109 deletions(-)
diff --git a/altering-flow.rst b/altering-flow.rst
index 6089cdf..b5c3b04 100644
--- a/altering-flow.rst
+++ b/altering-flow.rst
@@ -19,7 +19,7 @@ A procedural motion is a form of subsidiary motion which relates to the procedur
The term *formal motion* is sometimes encountered in this context – the meaning differs from source to source:
-* According to :ref:`Renton (2005) `,\ [#fn1]_ ‘formal motion’ means a motion moved as a ‘formality’ – not because it expresses some novel substantive proposal for discussion, but to accomplish a well-accepted ‘formal’ outcome. This includes procedural motions, as well as motions such as ‘That the minutes be confirmed’.
+* According to :ref:`Renton (2005) `,\ [#fn1]_ ‘formal motion’ means a motion moved as a ‘formality’ – not because it expresses some novel substantive proposal for discussion, but to accomplish a well-accepted ‘formal’ outcome. This includes procedural motions, as well as motions such as ‘*That the minutes be confirmed*’.
..
@@ -42,7 +42,7 @@ Because of this ambiguity, the author recommends the term ‘formal motion’ sh
Moving procedural motions
^^^^^^^^^^^^^^^^^^^^^^^^^
-A member may move a procedural motion in the same way as described in :ref:`‘Moving a motion’ `, by obtaining the call and saying ‘*I move*’, followed by the words of the motion.
+A member may move a procedural motion in the same way as described in :mref:`‘Moving a motion’ `, by obtaining the call and saying ‘*I move*’, followed by the words of the motion.
The forms of various different procedural motions, along with their effects and specific rules relating to each, are presented in this chapter. The forms provided are illustrative only, and minor differences in wording with the same effect should be accepted.
@@ -54,7 +54,7 @@ As with an amendment, since the mover and seconder will need to obtain the call,
There is substantial disagreement on which procedural motions are debatable, which require a seconder, and which are accepted only at the Chair's discretion – described in detail in the sections on each procedural motion. To avoid contention, the author recommends that the body's standing orders should make specific provision for these matters.
-The Chair then formally proposes the question on the procedural motion, by saying ‘*The question is that*’ (followed by the rest of the procedural motion). If the procedural motion is debatable, it is then opened to debate. As with an amendment, this is a separate question, so members may speak on the procedural motion even if they have already spoken in a debate to which the procedural motion relates. The debate must be confined only to the appropriateness of the procedural motion.
+The Chair then formally proposes the question on the procedural motion, by saying ‘*The question is that*’ followed by the rest of the procedural motion. If the procedural motion is debatable, it is then opened to debate. As with an amendment, this is a separate question, so members may speak on the procedural motion even if they have already spoken in a debate to which the procedural motion relates. The debate must be confined only to the appropriateness of the procedural motion.
Unless otherwise noted, a procedural motion may not be amended, and the mover of a procedural motion generally has no right of reply.\ [#fn43]_ Once the debate is concluded (or immediately, if the procedural motion is not debatable), the Chair will put the procedural motion to a vote, and the meeting will proceed accordingly.
@@ -250,7 +250,7 @@ Previous question
The previous question may be moved only to a substantive motion, not to an amendment.\ [#fn45]_:superscript:`,`\ [#fn17]_:superscript:`,`\ [#fn18]_ Unlike other procedural motions, the debate on the previous question is not confined only to the procedural motion itself, but extends also to the substantive motion to which it relates.
-If carried, the effect of the previous question is the same as :ref:`next business ` (as the substantive motion is ‘not now put’). If lost, the effect is the same as :ref:`closure ` (as the substantive motion is ‘now put’).\ [#fn45]_:superscript:\ [#fn17]_:superscript:`,`\ [#fn18]_
+If carried, the effect of the previous question is the same as :ref:`next business ` (as the substantive motion is ‘not now put’). If lost, the effect is the same as :ref:`closure ` (as the substantive motion is ‘now put’).\ [#fn45]_:superscript:`,`\ [#fn17]_:superscript:`,`\ [#fn18]_
:ref:`Magner (2012) ` suggests that two thirds of members voting on the question must vote in favour for the previous question to be carried, but this is not supported by any other Australian authorities.\ [#fn53]_
@@ -263,7 +263,7 @@ In practice, the previous question is now primarily used to ‘confuse the meeti
Renewing consideration
----------------------
-As noted in :ref:`‘Unacceptable motions’ `, meeting procedure usually prohibits a member from renewing a question which has already been decided (the *same question rule*). Procedural motions in this section seek to override this, renewing a motion which was previously defeated (potentially to now agree to it), or reconsidering a motion which was previously agreed to (potentially to now reverse it).
+As noted in :mref:`‘Unacceptable motions’ `, meeting procedure usually prohibits a member from renewing a question which has already been decided (the *same question rule*). Procedural motions in this section seek to override this, renewing a motion which was previously defeated (potentially to now agree to it), or reconsidering a motion which was previously agreed to (potentially to now reverse it).
.. .. index:: recommittal, motion; recommittal, That; [previous motion] be recommitted
Recommittal of question
@@ -465,7 +465,9 @@ Reference motion
Consideration of an item of business may also be deferred by referring that item to a committee by a reference motion. A reference motion may be applied as a subsidiary motion to a substantive motion or amendment, or to another matter, such as a report or letter presented. A reference motion may also be moved as a substantive motion, to refer a matter that is not currently before the meeting.
-The text of the motion may specify in greater detail what is desired of the committee, for example, to refer the matter to a committee ‘for action’ or ‘for investigation and report’. The motion may also specify to which existing committee the matter should be referred, or the names of the committee members or how such a committee is to be appointed.
+.. index:: committee; special, committee; select
+
+The text of the motion may specify in greater detail what is desired of the committee, for example, to refer the matter to a committee ‘for action’ or ‘for investigation and report’. The motion may also specify to which existing committee the matter should be referred, or, for a new committee (a *special* or *select* committee), the names of the committee members or how such a committee is to be appointed.
The motion is debatable, and may be amended as to the details of the committee and the terms of the reference.\ [#fn91]_:superscript:`,`\ [#fn92]_
@@ -530,9 +532,9 @@ The motion may prescribe the time and place specifically, or may prescribe, for
If no time is prescribed, the meeting is to be adjourned to the time of the next regular meeting of the body.\ [#fn25]_:superscript:`,`\ [#fn26]_
-If the motion includes the words ‘*sine die*’ (without specified day), see instead :subref:`AdjournMeetingSD `.
+If the motion includes the words ‘*sine die*’ (without specified day), see instead :msubref:`AdjournMeetingSD `.
-.. |AdjournMeetingSD| replace:: ‘Adjournment of meeting (*sine day*)’
+.. |AdjournMeetingSD| replace:: ‘Adjournment of meeting (*sine die*)’
In general, a meeting has the power to adjourn itself by resolution.\ [#fn65]_ However, this may be altered by the rules of the body. For example, the rules of many bodies provide that the Chair ‘may adjourn the meeting with the consent of the meeting’. In this case, the meeting cannot resolve to adjourn unless the Chair agrees.\ [#fn66]_
@@ -611,7 +613,7 @@ Committee of the whole
Sometimes, it may be desired to relax the rule in large meetings that each member (except the mover in reply) may speak only once on each question. The traditional way of doing this is to resolve the meeting into a *committee of the whole*.
-If carried, the effect is to appoint a committee made of up all persons at the meeting, refer the matter to the committee, and suspend the meeting of the original body until the committee reports (see :ref:`‘Report progress’ `). Relevantly, until the committee of the whole reports, and the meeting of the original body is therefore resumed:
+If carried, the effect is to appoint a committee made of up all persons at the meeting, refer the matter to the committee, and suspend the meeting of the original body until the committee reports (see :mref:`‘Report progress’ `). Relevantly, until the committee of the whole reports, and the meeting of the original body is therefore resumed:
* the committee of the whole cannot exercise any powers of the original body (including to adopt the principal motion)
* the only matter the committee of the whole may consider is debating the principal motion, and recommending amendments to it
@@ -655,7 +657,11 @@ If carried, the matter is ‘debated as if in committee’, and hence members ma
General discussion
^^^^^^^^^^^^^^^^^^
-At times, it may be desired to permit discussion without a motion being before the meeting. This may be permitted at the discretion of the Chair, but there is some question as to whether this is an absolute right of members.\ [#fn77]_
+At times, it may be desired to permit discussion without a motion being before the meeting. This may be permitted at the discretion of the Chair, but there is some question as to whether this is an absolute right of members.\ [#fn77]_ Alternatively, a motion to :ref:`suspend the rules ` could be moved to enable a general discussion.
+
+.. index:: indulgence, Chair; indulgence
+
+If only one or a few members wish to speak, :ref:`leave ` of the meeting may be sought to allow those speeches to be made.\ [#fn95]_ Alternatively, the Chair may exercise their discretion to allow the member to speak – in the House of Representatives, this is known as seeking the Chair's *indulgence*.\ [#fn94]_
The more formal method of allowing general discussion is described in the next section.
@@ -683,7 +689,7 @@ Grievance debate
| to accept?** | |
+----------------+----------------------------------------------------------------------------------------+
-This section describes the motion ‘*That the Chair do leave the chair*’ when used as a substantive motion when no other business is before the meeting. See also :ref:`‘Vacate the chair’ `.
+This section describes the motion ‘*That the Chair do leave the chair*’ when used as a substantive motion when no other business is before the meeting. See also :mref:`‘Vacate the chair’ `.
The motion ‘*That the Chair do leave the chair*’ is nominally one on adversely reviewing the performance of the Chair.\ [#fn79]_ However, it is customarily used as a motion on which debate may be taken on all subjects, and therefore as a vehicle for general discussion. It is known, in this sense, as a *grievance debate*, hence the alternative form.\ [#fn78]_:superscript:`,`\ [#fn80]_
@@ -788,7 +794,7 @@ Want of confidence in the Chair
A motion of no confidence is moved with the intention of securing the resignation of a person from office; for example, the Chair.
-It is accepted that, in general, a meeting may replace the Chair of the meeting.\ [#fn35]_:superscript:`,`\ [#fn40]_:superscript:`,`\ [#fn41]_ Authorities vary, however, on whether the position is different if the rules require a particular person (who is not elected by the body, or who is elected for a fixed term) to be the Chair. :ref:`Renton (2005) `, suggests that it is possible to replace the Chair even in this situation,\ [#fn35]_ while :ref:`Magner (2012) ` suggests this is not possible.\ [#fn40]_
+It is accepted that, in general, a meeting may replace the Chair of the meeting.\ [#fn35]_:superscript:`,`\ [#fn40]_:superscript:`,`\ [#fn41]_ Authorities vary, however, on whether the position is different if the rules require a particular person (who is not elected by the body, or who is elected for a fixed term) to be the Chair. :ref:`Renton (2005) ` suggests that it is possible to replace the Chair even in this situation,\ [#fn35]_ while :ref:`Magner (2012) ` suggests this is not possible.\ [#fn40]_
During the debate and vote on a motion of no confidence in the Chair, it would be advisable for the Chair to temporarily vacate the chair and for a temporary Chair to be appointed. If, alternatively, the Chair does not vacate the chair, then the Chair should not participate in the debate.\ [#fn35]_
@@ -845,10 +851,12 @@ Replacement of Chair by named successor
| to accept?** | |
+----------------+----------------------------------------------------------------------------------------+
-The motion to replace the Chair by a named successor is the same as the 2 motions above, but instead of electing a new Chair, the named person directly succeeds the removed Chair.
+The motion to replace the Chair by a named successor is the same as the 2 preceding motions, but instead of electing a new Chair, the named person directly succeeds the removed Chair.
.. index:: motion; suspend rules, rules; suspension of, That; so much of the standing orders be suspended as would prevent, That; the standing orders be so far suspended as to enable
+.. _suspend-rules:
+
Suspension of rules
-------------------
@@ -872,7 +880,7 @@ Suspension of rules
| to accept?** | |
+----------------+----------------------------------------------------------------------------------------+
-If it is desired to temporarily alter the standing orders, rules or conventions of meeting procedure, a motion may be moved to suspend the standing orders for this purpose.
+If it is desired to temporarily alter the standing orders, rules or conventions of meeting procedure, a motion may be moved to suspend the rules for this purpose.
The body's standing orders should make clear how the rules may be suspended. If this is not specified, authorities vary. :ref:`Renton (2005) ` suggests that only an ordinary majority would be required,\ [#fn81]_ whereas :ref:`Puregger (1998) ` suggests that a unanimous vote would be required.\ [#fn82]_
@@ -1006,9 +1014,9 @@ Vacate the chair
| to accept?** | |
+----------------+----------------------------------------------------------------------------------------+
-This section describes the motion ‘*That the Chair do leave the chair*’ when used as a subsidiary procedural motion. See also :ref:`‘Grievance debate’ `.
+This section describes the motion ‘*That the Chair do leave the chair*’ when used as a subsidiary procedural motion. See also :mref:`‘Grievance debate’ `.
-Recall from :ref:`‘Chair’ ` that a Chair is a requirement for a validly constituted meeting. From the moment of this motion being carried, the meeting is without a Chair and is therefore not validly constituted, and no further business may be conducted. If carried, the effect of the motion, then, is to terminate the meeting.\ [#fn46]_:superscript:`,`\ [#fn27]_:superscript:`,`\ [#fn63]_
+Recall from :mref:`‘Chair’ ` that a Chair is a requirement for a validly constituted meeting. From the moment of this motion being carried, the meeting is without a Chair and is therefore not validly constituted, and no further business may be conducted. If carried, the effect of the motion, then, is to terminate the meeting.\ [#fn46]_:superscript:`,`\ [#fn27]_:superscript:`,`\ [#fn63]_
.. rubric:: Footnotes
@@ -1071,8 +1079,10 @@ Recall from :ref:`‘Chair’ ` that a Chair is a requirement for a valid
.. [#fn74] :ref:`Elder et al. 2018 `, p. 373
.. [#fn76] :ref:`Robert et al. 2020 `, ¶¶52:19–27, which describes 2 variants, ‘quasi-committee of the whole’ (‘consideration as if in committee of the whole’) or ‘informal consideration’. The form of motion proposed in this book is intended to invoke the effect of ‘informal consideration’.
.. [#fn77] :ref:`Magner 2012 `, ¶7.25; *NRMA v Parker* (1986) 11 ACLR 1; *Stanham v National Trust of Australia* (1989) 7 ACLC 628
+.. [#fn95] cf. :ref:`Elder et al. 2018 `, pp. 500–502
+.. [#fn94] :ref:`Elder et al. 2018 `, pp. 498–500
.. [#fn78] :ref:`Renton 2005 `, ¶12.55
-.. [#fn80] :ref:`Elder et al. 2018 `, p. 586–587
+.. [#fn80] :ref:`Elder et al. 2018 `, pp. 586–587
.. [#fn79] :ref:`Magner 2012 `, ¶6.80. See also :ref:`Elder et al. 2018 `, p. 586–587, which discusses the historical background.
.. [#fn32] :ref:`Renton 2005 `, ¶6.26
.. [#fn31] :ref:`Lang 2015 `, ¶12.18
diff --git a/conf.py b/conf.py
index 92207e3..87d9456 100644
--- a/conf.py
+++ b/conf.py
@@ -22,7 +22,7 @@ copyright = '2021 Lee Yingtong Li'
author = 'Lee Yingtong Li'
# The full version, including alpha/beta/rc tags
-release = '0.2.1-dev'
+release = '0.3'
version = release
diff --git a/epub-copyright.xhtml b/epub-copyright.xhtml
index 3b66875..f7a2a16 100644
--- a/epub-copyright.xhtml
+++ b/epub-copyright.xhtml
@@ -11,12 +11,14 @@
Edition 0.1 first published 2018
- Edition 0.2 first published 2021
+ Edition 0.2 first published 2021
+ Edition 0.3 first published 2021