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@$(SPHINXBUILD) -M help "$(SOURCEDIR)" "$(BUILDDIR)" $(SPHINXOPTS) $(O)
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{%- extends "alabaster/layout.html" %}
{%- block footer %}
<div class="footer">
Edition {{ release }} | Copyright &copy; {{ copyright }} | <a href="introduction.html#copyright">CC BY-SA 4.0 / GFDL 1.3</a>
{%- if show_source and has_source and sourcename %}
{% if show_copyright or theme_show_powered_by %}|{% endif %}
<a href="{{ pathto('_sources/' + sourcename, true)|e }}"
rel="nofollow">{{ _('Page source') }}</a>
{%- endif %}
</div>
{%- endblock %}

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<h3>{{ _('Navigation') }}</h3>
{%- if prev or next %}
<ul><li><ul>
{%- if prev %}
<li>Previous: <a href="{{ prev.link|e }}" title="{{ _('previous chapter')
}}">{{ prev.title }}</a></li>
{%- endif %}
{%- if next %}
<li>Next: <a href="{{ next.link|e }}" title="{{ _('next chapter')
}}">{{ next.title }}</a></li>
{%- endif %}
</ul></li></ul>
{%- endif %}
{{ toctree(includehidden=theme_sidebar_includehidden, collapse=theme_sidebar_collapse) }}
{% if theme_extra_nav_links %}
<hr />
<ul>
{% for text, uri in theme_extra_nav_links.items() %}
<li class="toctree-l1"><a href="{{ uri }}">{{ text }}</a></li>
{% endfor %}
</ul>
{% endif %}

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<div class="relations">
<h3>Related Topics</h3>
<ul>
<li><a href="{{ pathto(master_doc) }}">Documentation overview</a><ul>
{%- for parent in parents %}
<li><a href="{{ parent.link|e }}">{{ parent.title }}</a><ul>
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Committees
==========
TODO
Referring matters to a committee
--------------------------------
MOVED
.. _committee-debate:
Committee debate in large meeting
---------------------------------
TODO
.. rubric:: Footnotes

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# Configuration file for the Sphinx documentation builder.
#
# This file only contains a selection of the most common options. For a full
# list see the documentation:
# https://www.sphinx-doc.org/en/master/usage/configuration.html
# -- Path setup --------------------------------------------------------------
# If extensions (or modules to document with autodoc) are in another directory,
# add these directories to sys.path here. If the directory is relative to the
# documentation root, use os.path.abspath to make it absolute, like shown here.
#
# import os
# import sys
# sys.path.insert(0, os.path.abspath('.'))
# -- Project information -----------------------------------------------------
project = 'Points of Order'
copyright = '2021 Lee Yingtong Li'
author = 'Lee Yingtong Li'
# The full version, including alpha/beta/rc tags
release = '0.2'
# -- General configuration ---------------------------------------------------
# Add any Sphinx extension module names here, as strings. They can be
# extensions coming with Sphinx (named 'sphinx.ext.*') or your custom
# ones.
extensions = [
'extension'
]
# Add any paths that contain templates here, relative to this directory.
templates_path = ['_templates']
# List of patterns, relative to source directory, that match files and
# directories to ignore when looking for source files.
# This pattern also affects html_static_path and html_extra_path.
exclude_patterns = ['_build', 'Thumbs.db', '.DS_Store']
# -- Docutils, etc. options --------------------------------------------------
smartquotes = False
# -- Options for HTML output -------------------------------------------------
html_title = 'Points of Order'
# The theme to use for HTML and HTML Help pages. See the documentation for
# a list of builtin themes.
#
html_theme = 'alabaster'
#html_theme = 'theme'
#html_theme_path = ['.']
html_sidebars = {'*': ['about.html', 'navigation.html', 'searchbox.html']}
# Add any paths that contain custom static files (such as style sheets) here,
# relative to this directory. They are copied after the builtin static files,
# so a file named "default.css" will overwrite the builtin "default.css".
html_static_path = ['_static']
#html_css_files = [
# 'custom.css',
#]
html_copy_source = False
# -- Options for LaTeX output ------------------------------------------------
latex_engine = 'lualatex'
latex_elements = {
'preamble': r'\input{preamble.tex.txt}',
#'geometry': r'\usepackage[paperwidth=6in,paperheight=9in,margin=0.5in,bottom=0.75in,inner=0.75in]{geometry}',
'geometry': r'\usepackage[paperwidth=5.5in,paperheight=9in,margin=0.5in,bottom=0.75in,inner=0.5in]{geometry}',
'sphinxsetup': r'AtStartFootnote={},OuterLinkColor={rgb}{0.208,0.374,0.486}',
'papersize': 'a4paper',
'pointsize': '12pt',
'releasename': 'Edition',
}
latex_additional_files = ['preamble.tex.txt']
#latex_show_pagerefs = True

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# Copyright © 2021 Lee Yingtong Li
#
# This Source Code Form is subject to the terms of the Mozilla Public
# License, v. 2.0. If a copy of the MPL was not distributed with this
# file, You can obtain one at http://mozilla.org/MPL/2.0/.https://mozilla.org/MPL/2.0/.
def setup(app):
app.add_builder(POStandaloneHTMLBuilder, override=True)
app.add_builder(POLaTeXBuilder, override=True)
app.add_role('subref', SubRefRole())
#app.add_source_parser(PORSTParser, override=True)
# HTML Builder
from sphinx.builders.html import StandaloneHTMLBuilder
from sphinx.environment.adapters.toctree import TocTree
from sphinx.writers.html5 import HTML5Translator
import docutils.nodes
import sphinx.addnodes
from sphinx.util import logging
logger = logging.getLogger(__name__)
class POHTML5Translator(HTML5Translator):
def __init__(self, *args, **kwargs):
super().__init__(*args, **kwargs)
self.paragraph_num = 0
self.footnote_order = []
def visit_paragraph(self, node):
super().visit_paragraph(node)
if node.parent.tagname == 'section':
# Add paragraph numbers
self.paragraph_num += 1
self.body.append('<span class="paragraph-num"><a id="para{0}" href="#para{0}">{0}</a></span>'.format(self.paragraph_num))
def visit_footnote_reference(self, node):
super().visit_footnote_reference(node)
# Verify order
if node['refid'] not in self.footnote_order:
self.footnote_order.append(node['refid'])
def visit_footnote(self, node):
super().visit_footnote(node)
# Verify order
if not self.footnote_order:
pass
elif node['ids'][0] == self.footnote_order[0]:
del self.footnote_order[0]
else:
logger.warning('footnote defined out of sequence: expecting {}'.format(self.footnote_order[0]), location=node)
self.footnote_order = None # Ignore future errors
class POStandaloneHTMLBuilder(StandaloneHTMLBuilder):
default_translator_class = POHTML5Translator
__TocTree_resolve = TocTree.resolve
def _TocTree_resolve(self, *args, **kwargs):
result = __TocTree_resolve(self, *args, **kwargs)
if self.env.app.builder.name == 'html':
# Add Index TOC entry
bullet_list = result[1]
reference = docutils.nodes.reference('', '', internal=True, refuri='genindex.html', anchorname='', *[docutils.nodes.Text('Index')])
compact_paragraph = sphinx.addnodes.compact_paragraph('', '', reference)
list_item = docutils.nodes.list_item('', classes=['toctree-l1'], *[compact_paragraph])
bullet_list.append(list_item)
return result
TocTree.resolve = _TocTree_resolve
# LaTeX Builder
from sphinx.builders.latex import LaTeXBuilder
from sphinx.writers.latex import LaTeXTranslator
class POLaTeXTranslator(LaTeXTranslator):
def __init__(self, *args, **kwargs):
super().__init__(*args, **kwargs)
self.paragraph_num = 0
def visit_title(self, node):
super().visit_title(node)
if self.sectionlevel == 1:
# Reset paragraph numbers
self.paragraph_num = 0
def visit_paragraph(self, node):
super().visit_paragraph(node)
if node.parent.tagname == 'section':
# Add paragraph numbers
self.paragraph_num += 1
#self.body.append(r'\makebox[0pt][r]{{\small\textcolor[HTML]{{AAAAAA}}{{¶{0}}}\hspace{{0.8em}}}}'.format(self.paragraph_num))
#self.body.append(r'{{\small\textcolor[HTML]{{AAAAAA}}{{[¶{0}]}}}} '.format(self.paragraph_num))
self.body.append(r'{{\small\bfseries\sffamily[{0}]}} '.format(self.paragraph_num))
class POLaTeXBuilder(LaTeXBuilder):
default_translator_class = POLaTeXTranslator
# :subref: Role
from sphinx.roles import XRefRole
class SubRefRole(XRefRole):
def __init__(self, *args, **kwargs):
super().__init__(lowercase=True, innernodeclass=docutils.nodes.inline, warn_dangling=True, *args, **kwargs)
def run(self):
self.name = 'std:ref'
return super().run()
def result_nodes(self, document, env, node, is_ref):
result = super().result_nodes(document, env, node, is_ref)
pending_xref = result[0][0]
inline = pending_xref[0]
substitution_reference = docutils.nodes.substitution_reference('', '', refname=docutils.nodes.fully_normalize_name(self.title))
inline.clear() # Remove raw "title" text node
inline.append(substitution_reference) # Replace with substitution_reference
pending_xref['po_subref'] = True # Flag for StandardDomain._resolve_ref_xref
return result
from sphinx.domains.std import StandardDomain
__StandardDomain_resolve_ref_xref = StandardDomain._resolve_ref_xref
def _StandardDomain_resolve_ref_xref(self, env, fromdocname, builder, typ, target, node, contnode):
if 'po_subref' in node:
# Build reference node, preserving substitution
docname, labelid = self.anonlabels.get(target, ('', ''))
# Based on StandardDomain.build_reference_node
newnode = docutils.nodes.reference('', '', internal=True)
if docname == fromdocname:
newnode['refid'] = labelid
else:
contnode = sphinx.addnodes.pending_xref('')
contnode['refdocname'] = docname
contnode['refsectname'] = node.astext()
newnode['refuri'] = builder.get_relative_uri(fromdocname, docname)
if labelid:
newnode['refuri'] += '#' + labelid
# Copy across substitution
newnode.children.extend(node.children)
return newnode
return __StandardDomain_resolve_ref_xref(self, env, fromdocname, builder, typ, target, node, contnode)
StandardDomain._resolve_ref_xref = _StandardDomain_resolve_ref_xref
# RST Parser
from sphinx.parsers import RSTParser
class PORSTParser(RSTParser):
def parse(self, inputstring, document):
super().parse(inputstring, document)
# Verify footnotes
print(document)

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Holding meetings
================
.. _meeting-requirements:
What are the requirements for a valid meeting?
----------------------------------------------
There are roughly 4 requirements that must be met for a valid meeting to be held:
* there must be *authority* to hold the meeting
* proper *notice* needs to be given of the meeting
* there must be a *quorum* present at the meeting
* the meeting must be presided over by a *Chair*\ [#fn1]_
In this chapter, we will examine each of these in turn.
There are also a number of other more obscure technical requirements for a meeting – for example, that it must not be an ‘unlawful meeting’, and there must be an ‘intention’ to hold a meeting. We reserve these discussions for the legal textbooks.\ [#fn2]_
Authority
---------
A meeting must be convened with the requisite authority, in a manner compliant with all applicable requirements.
In the case of a public meeting, any individual or group of individuals may decide to convene such a meeting.\ [#fn3]_
In the case of an established body, the rules of the body should prescribe who is permitted to convene a meeting, and the manner in which this must be performed. For example, the rules may specify that the Chair or Secretary may convene a meeting. The rules of many bodies also specify that a particular number of members may convene (or may require the convening of) a meeting.
Subject to those rules, the body may, by resolution, authorise another person (such as the Secretary) to convene meetings.\ [#fn4]_
It is also within the power of a court, exercising equitable jurisdiction, to order that a meeting be held.\ [#fn6]_
Since the question of authority speaks to the very validity of the meeting itself, any defects will be difficult to cure – a meeting which is itself invalid has no way validating itself. Requirements for authority are interpreted by courts strictly, and so all applicable rules should be observed precisely, or the meeting may be invalid.\ [#fn5]_
However, if a meeting is attempted to be convened without authority, but the requisite authority ratifies that action in advance of the meeting, the meeting is deemed valid as regards authority.\ [#fn11]_
.. _notice:
Notice (and agenda)
-------------------
Notice must be given
^^^^^^^^^^^^^^^^^^^^
*Notice* that a meeting will be held must be given to meeting participants. Unless the rules otherwise provide, the notice must be given to every member of the body.\ [#fn9]_
The notice must contain, at a minimum:
* the time and place of the meeting\ [#fn12]_
* the general nature of the business to be transacted\ [#fn7]_
* a reference to whose authority the notice is given under\ [#fn8]_
The reference to ‘general nature’ above means that, unless the rules otherwise provide, it is not necessary to exactly describe every particular motion or matter that will be considered.\ [#fn16]_
Notice defines the scope of the meeting
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
The business described in the notice defines the permissible scope of the meeting, and the meeting may not then deal with matters outside that scope.\ [#fn17]_ Unless the rules require stricter notice, the inclusion of ‘other business’ or ‘general business’ in the notice enables routine or minor items to be considered.\ [#fn18]_
How must notice be given?
^^^^^^^^^^^^^^^^^^^^^^^^^
The notice must be given in a way that can ‘reasonably be expected to come to the attention’ of the members. The notice must be received sufficiently in advance to enable members a ‘reasonable opportunity’ to attend.\ [#fn14]_
.. index:: clear days
In addition, the rules of a body generally prescribe a certain minimum time between the sending of the notice and the date of the meeting. When the rules prescribe a certain number of ‘days’ (or ‘clear days’) notice, that is exclusive of both the day of issuing the notice and the day of the meeting. Weekends and holidays are counted as ordinary days.\ [#fn15]_
Notice of regular meetings
^^^^^^^^^^^^^^^^^^^^^^^^^^
If meetings are held frequently, at regular intervals – for example, as is the practice of many boards or committees – individual notice of every meeting does not need to be given, so long as all members of the body, including new members, understand and agree.\ [#fn13]_
Inability to cancel notice
^^^^^^^^^^^^^^^^^^^^^^^^^^
At common law, once notice is given of a meeting, the meeting cannot be cancelled unless this is specifically permitted by the rules.\ [#fn19]_
As this may be a convenient power to have, the author recommends that a body's standing orders should enable notice of a meeting to be cancelled or amended.
Defective notice
^^^^^^^^^^^^^^^^
As with authority, requirements regarding notice are applied by courts strictly, and all requirements should be observed, or the meeting may be invalid.\ [#fn5]_
However, if all members of the body are present at the meeting and agree to waive the absence of proper notice, the meeting is deemed valid as regards notice.\ [#fn10]_
.. index:: agenda
.. _agenda:
Agenda
^^^^^^
The *agenda*\ [#fn21]_ (or *agenda paper*) is a document setting out specifically the order and items of business to be discussed at a meeting. The agenda is a separate concept to the notice, and there is no requirement at common law to prepare an agenda,\ [#fn20]_ but it is usual that an agenda be sent (if available at that time) with notice of a meeting.
The typical items appearing on an agenda are described in more detail in :doc:`‘The order of business’ <order-of-business>`.
.. index:: quorum
Quorum
------
The *quorum* is the minimum number of people who must be present at a meeting in order for the meeting to be valid. A meeting with insufficient attendees is known as *inquorate*, and the meeting is said to have *lapsed*.
The rules of a body should specify what the quorum for its meetings is. If no quorum is specified, then at common law:
* for a general meeting of a corporation, the quorum is a majority of the members of the corporation\ [#fn22]_
..
* for a general meeting of an unincorporated association, the quorum is the entire membership of the association (unless there is a longstanding custom to the contrary)\ [#fn23]_
..
* for a committee, the quorum is the entire membership of the committee\ [#fn24]_
.. index:: proxy; counted towards quorum
If proxy voting is permitted, then unless the rules provide otherwise, proxies are not considered in determining whether a quorum is present – only those personally present are counted towards the quorum.\ [#fn25]_
If proxy voting is permitted, the rules do permit proxies to be counted in determining whether a quorum is present, and the quorum is more than 1, then unless the rules otherwise provide, there must still be at least 2 people personally present. This is based on the general principle that a meeting must consist of more than 1 person.\ [#fn25]_
If certain members are prohibited by the rules from voting on a matter, those members do not count towards the quorum during that matter.\ [#fn26]_
Some rules, including the former *Companies Act 1981* (Cth),\ [#fn27]_ provide that a quorum is required ‘at the time when the meeting proceeds to business’. Under such a rule, a meeting that commences with a quorum may validly continue even if quorum is later lost.
However, in the absence of such a rule, the general rule is that the quorum must be present at all times throughout the meeting,\ [#fn28]_ and any business conducted without a quorum present will be invalid.\ [#fn29]_:superscript:`,`\ [#fn31]_ As soon as it is discovered that quorum has been lost, the Chair should close (or, if permitted under the rules, adjourn) the meeting.\ [#fn30]_:superscript:`,`\ [#fn32]_
.. index:: Chair
.. _chair:
Chair
-----
Every meeting must be presided over at all times by a *presiding officer*, who exercises procedural control.\ [#fn34]_ The presiding officer is generally known as the *President* or, more generally, *Chair* (or *Chairman*, *Chairwoman* or *Chairperson*).
In this book, we use the term *Chair* to refer to the person who chairs a meeting, and, when necessary to make a distinction, the term *chair* to refer to the ‘seat’ (physical or metaphorical) occupied by the Chair.\ [#fn33]_
Who is the Chair?
^^^^^^^^^^^^^^^^^
The rules of the body should specify who is to be the Chair of its meetings, or how the Chair is to be appointed or elected. If the rules do not specify, or the Chair is absent, the first item of business will be to elect a Chair.\ [#fn35]_
Courts have consistently held that a candidate for Chair may not preside over their own election; if a candidate did so preside and were elected, the election would be invalid.\ [#fn36]_ Therefore, some suitable person (for example, the Secretary) usually takes the initiative as ‘interim Chair’, calls for nominations and conducts the election.\ [#fn37]_
.. comment Procedures for conducting an election are described in greater detail in :ref:`‘Elections’ <elections>`.
.. index:: Chair; role
.. _role-of-chair:
Role of the Chair
^^^^^^^^^^^^^^^^^
The Chair has the responsibility, among other things, for:
* being satisfied that the meeting is :ref:`validly convened <meeting-requirements>` and that a quorum is present at the outset
..
* ensuring a quorum is present throughout the meeting, if one is required
..
* administering proceedings in accordance with the :ref:`rules and conventions <contemporary-requirements>` that apply to the meeting
..
* recognising members who wish to speak, and controlling the right to speak
..
* maintaining order and decorum
..
* ruling on procedural questions and disagreements
..
* administering votes and determining the outcome of votes\ [#fn38]_
The role of the Chair in each of these areas is explored in greater detail in following chapters.
The Chair, when discharging these duties, should be regarded as a servant of the meeting, not as its ruler. The Chair should be impartial, and act in a bona fide way on every issue. It is highly improper for a Chair to misuse their power to pursue their personal agenda.
To this end, the Chair should avoid participating in debate (except in occasional circumstances, such as to offer factual information, or keep the discussion on topic), and should avoid moving or seconding motions (unless the subject is completely uncontentious).
.. rubric:: Footnotes
.. [#fn1] :ref:`Lang 2015 <horsley>`, ¶1.22. ‘A valid meeting needs to comply with all relevant requirements’, ‘proper notice needs to be given of the meeting, a quorum must be present, and a Chair … should preside’.
.. [#fn2] See e.g. :ref:`Lang 2015 <horsley>`, ch. 1.
.. [#fn3] :ref:`Magner 2012 <joske>`, ¶2.05
.. [#fn4] :ref:`Lang 2015 <horsley>`, ¶4.3
.. [#fn6] :ref:`Magner 2012 <joske>`, ¶2.05; *Ball v Pearsall* (1987) 10 NSWLR 700
.. [#fn5] :ref:`Lang 2015 <horsley>`, ¶4.2; *R v Fulton* (1876) 2 VLR (Eq) 100
.. [#fn11] :ref:`Lang 2015 <horsley>`, ¶4.3; *Hooper v Kerr, Stuart & Co Ltd* (1900) 83 LT 729
.. [#fn9] :ref:`Lang 2015 <horsley>`, ¶4.4; *Symes v Weedow* (1893) 14 ALT 197; *Campbell v Higgins* (1957) 3 FLR 317
.. [#fn12] :ref:`Lang 2015 <horsley>`, ¶4.9; *Wishart v Foster* (1961) 4 FLR 72
.. [#fn7] :ref:`Lang 2015 <horsley>`, ¶4.1
.. [#fn8] :ref:`Lang 2015 <horsley>`, ¶4.3; *R v Fulton* (1876) 2 VLR (Eq) 100
.. [#fn16] :ref:`Lang 2015 <horsley>`, ¶4.16; *Colhoun v Green* [1919] VLR 196
.. [#fn17] :ref:`Lang 2015 <horsley>`, ¶4.17; :ref:`Magner 2012 <joske>`, ¶3.10
.. [#fn18] :ref:`Lang 2015 <horsley>`, ¶4.18; :ref:`Magner 2012 <joske>`, ¶3.10
.. [#fn14] :ref:`Lang 2015 <horsley>`, ¶4.11; :ref:`Magner 2012 <joske>`, ¶3.25
.. [#fn15] :ref:`Lang 2015 <horsley>`, ¶4.12; :ref:`Magner 2012 <joske>`, ¶3.30; *Re Railway Sleepers Supply Co* (1885) 29 Ch D 204; *Ex parte McCance; Re Hobbs* (1926) 27 SR (NSW) 35; *Ayres v Chacos* (1972) 19 FLR 468; *Labouchere v Wharncliffe* (1879) 13 Ch D 346
.. [#fn13] :ref:`Lang 2015 <horsley>`, ¶4.10; :ref:`Magner 2012 <joske>`, ¶3.25
.. [#fn19] :ref:`Lang 2015 <horsley>`, ¶4.19; *Bell Resources Ltd v Turnbridge Pty Ltd* (1988) 13 ACLR 429; *McPherson v Mansell* (1994) 16 ACSR 261; *McKerlie v Drillsearch Energy Ltd* (2009) 74 NSWLR 673
.. [#fn10] :ref:`Lang 2015 <horsley>`, ¶4.7; *Machell v Nevinson* (1724) 11 East 84n; *Johnson v Beitseen* (1989) 41 IR 395.
.. [#fn21] Eagle-eyed readers may note that ‘agenda’ is plural in Latin. In English, it is effectively universally used as a singular noun. Each individual item contained in the agenda is typically referred to as an *agenda item* rather than, as the Latin would suggest, an ‘agendum’.
.. [#fn20] :ref:`Lang 2015 <horsley>`, ¶3.2
.. [#fn22] :ref:`Lang 2015 <horsley>`, ¶5.4; *Merchants of the Staple of England v Bank of England* (1887) 21 QBD 160, 165
.. [#fn23] :ref:`Lang 2015 <horsley>`, ¶5.4; *Ball v Pearsall* (1987) 10 NSWLR 700
.. [#fn24] :ref:`Lang 2015 <horsley>`, ¶5.4; *Re Liverpool Household Stores* (1890) 59 LJ Ch 616
.. [#fn25] :ref:`Lang 2015 <horsley>`, ¶5.8
.. [#fn26] :ref:`Lang 2015 <horsley>`, ¶5.10
.. [#fn27] |CompAct|_, Sch. 3, reg. 42
.. [#fn28] :ref:`Lang 2015 <horsley>`, ¶5.11; *Henderson v Louttit* (1894) 21 R (Ct of Sess) 674; Ball v Pearsall (1987) 10 NSWLR 700
.. [#fn29] :ref:`Lang 2015 <horsley>`, ¶5.11, ¶5.13
.. [#fn31] This differs to the practice in North America under *Robert's Rules*, where an inquorate meeting can continue to transact certain procedural business – namely, to fix the time to which to adjourn, adjourn, recess or take measures to obtain a quorum, as well as relevant subsidiary or incidental motions, questions of privilege, or motions to call for the orders of the day. :ref:`Robert et al. 2020 <ronr>`, ¶40:7
.. [#fn30] :ref:`Lang 2015 <horsley>`, ¶5.11
.. [#fn32] This differs to the practice in the Australian Parliament, and in North American meetings under *Robert's Rules*, where a quorum is presumed to be present, and business transacted without a quorum is not invalid until the lack of quorum is noticed by, or brought to the attention of, the Chair. :ref:`Lang 2015 <horsley>`, ¶5.13; :ref:`Robert et al. 2020 <ronr>`, ¶40:12; :ref:`Elder et al. 2018 <horp>`, p. 272
.. [#fn34] Even in small, informal meetings where procedural control moves fluidly from person to person, there must at all times, unless all are unanimous, be some person responsible for ‘enabl[ing] the wish or decision of the meeting to be ascertained’. :ref:`Lang 2015 <horsley>`, ¶6.1; *Colorado Constructions Pty Ltd v Platus* [1966] 2 NSWR 598
.. [#fn33] The distinction is necessary, for example, in the motion :ref:`‘That the Chair leave the chair’ <vacate-chair>`.
.. [#fn35] :ref:`Magner 2012 <joske>`, ¶6.10
.. [#fn36] :ref:`Lang 2015 <horsley>`, ¶6.4; *R v Owens* (1850) 28 LJQB 316; *Fanagan v Kernan* (1881) 8 LR Ir 44; *National Australia Bank Ltd v Market Holdings Pty Ltd (in liq)* (2001) 161 FLR 1
.. [#fn37] :ref:`Lang 2015 <horsley>`, ¶6.4
.. [#fn38] :ref:`Lang 2015 <horsley>`, ¶6.10
.. |CompAct| replace:: *Companies Act 1981* (Cth)
.. _CompAct: https://www.legislation.gov.au/Details/C2004A02466

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Points of Order
===============
.. raw:: html
<h2 style="margin-top: 0;">Meeting procedure in Australia and the UK</h2>
.. toctree::
:maxdepth: 3
:caption: Contents:
introduction.rst
meetings.rst
holding-meetings.rst
transacting-business.rst
order-of-business.rst
altering-flow.rst
voting.rst
.. TODO
committees.rst
standing-orders.rst

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Introduction
============
What is this book about?
------------------------
This book is about meeting procedure in Australia, with rough applicability to countries with similar procedures, such as the UK, from where Australian meeting procedure originates, and other Commonwealth countries.
This book takes a descriptive, rather than prescriptive, approach to meeting procedure. We review a wide range of :ref:`authorities on meeting procedure <authorities>`, from both Australia and abroad, and from various different contexts. We combine this with the author's personal experience, presenting a comprehensive *description* of the range of meeting procedures in use, to give this book the widest possible applicability.
.. comment This book does seek, however, to introduce a small number of novel models for conceptualising certain principles of meeting procedure which, although not widely attested to by other authorities, the author believes have beneficial explanatory value.
.. comment Similarly, where the author believes that certain practices attested to by other authorities are significantly more (or less) preferable than others, that will be noted as a personal recommendation of the author.
However, where the author believes that certain practices attested to by other authorities are significantly more (or less) preferable than others, that will be noted as a personal recommendation of the author.
What is this book *not* about?
------------------------------
This book does not exhaustively cover the *law* relating to meetings, nor does it confine itself only to the law, as there exist many books on this topic – such as :ref:`Lang (2015) <horsley>` – and many more practical aspects of running meetings fall outside the scope of legal regulation.
This book does not cover in specific detail requirements specific to company meetings under the *Corporations Act 2001* (Cth) (or other specific types of organisation). Most general principles of meeting procedure apply equally to companies, and there again exist many texts on company meeting specifics – such as :ref:`Lang (2015) <horsley>` and :ref:`Magner (2012) <joske>`.
This book does not cover matters relating to the administration of organisations outside of the practice of meetings. This book focuses on meetings of existing bodies, and so does not cover topics such as the establishment of organisations and bodies, inaugural meetings, the writing of rules or standing orders, or the conduct of mass meetings (although some of these topics are planned for future editions).
Who is this book for?
---------------------
This book is suitable for participants at meetings who'd like to learn more about meeting procedure to follow along or get involved.
It is suitable for Chairs of committees and organisations as a reference text on chairing meetings, or on meeting procedure generally.
It is also suitable, if desired, to be referred to in an organisation's rules as an authority on meeting procedure to resolve disputes that arise.
.. only:: html
Copyright
---------
Copyright © 2021 Lee Yingtong Li
You may use this book, at your option, under either of the following licences:
* the `Creative Commons Attribution-ShareAlike 4.0 International licence <https://creativecommons.org/licenses/by-sa/4.0/>`_
* the `GNU Free Documentation License, version 1.3 <https://www.gnu.org/licenses/fdl-1.3.en.html>`_ or (at your option) any later version published by the Free Software Foundation, with no Invariant Sections, no Front-Cover Texts and no Back-Cover Texts

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echo.
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Meetings, generally
===================
What is a meeting?
------------------
The *Macquarie Dictionary* defines a *meeting* as ‘an assembling … of persons’.\ [#fn1]_ Of course, we are all familiar with many meetings in this loose sense – we may meet over dinner, friends may meet to catch up, a team may meet for a briefing from a manager.
.. index:: meeting, deliberative assembly
In the sense of meeting procedure and as used in this book, however, *meeting* has a more specific meaning – in North America, *Robert's Rules* introduces the term *deliberative assembly*.\ [#fn2]_ By *meeting* (in the sense of a deliberative assembly), we mean when a body of people meet to deliberate and make decisions in the name of the entire body.
The importance of the words ‘in the name of the entire body’ in the above definition cannot be overstated. When a meeting of a particular body votes to endorse a decision, the authority for that decision does not come from the members who voted in favour, nor does it come from the members who attended the meeting – it comes from the body as a whole.
For example, in the case of a body which its not its own legal entity, such as the committee of an unincorporated association, all members of the committee will be liable for the decisions of meetings of the committee – even if they were absent from the meeting.\ [#fn3]_
With this power comes proportionately great responsibility – the necessity of ensuring the proceedings of a meeting are fair to the participants – and this is where meeting procedure steps in. Meeting procedure ensures that participants at the meeting are treated fairly. The right of members to speak and make their voices heard is preserved, while decisions are made democratically according to the principle of majority rule – ‘the minority have their say, the majority their way’.
Defining some terms
^^^^^^^^^^^^^^^^^^^
For the purposes of this book, we will define a few terms relating to meetings. The terms and definitions we choose carry no particular weight outside of this book, but will be useful in aiding the discussion.
When we say *meeting*, we mean each instance where people meet in the way described above.
.. index:: body, member
When we say *body*, we mean the group of people who are eligible to attend the meeting as participants. When we say *member*, we mean one such participant.
.. index:: member; non-voting
In this book, we assume that all members are voting members – that is, all members have the right to speak, move and second motions, vote, and so on. However, a body's rules might instead create multiple classes of members with different rights at meetings (e.g. non-voting members). In such a case, those rules should be consulted to determine how that will interact with meeting procedure.
.. index:: organisation
When we say *organisation*, we mean the organisation or entity that the body is part of (if there is such an organisation). For example, in relation to the meeting of the management committee of an association, the committee is the body, and the association is the organisation. In relation to a general meeting of the members of an association, the association is both the body and the organisation.
Types of organisations and bodies
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
The most basic type of organisation which may hold meetings is the *unincorporated association*. Most clubs are unincorporated associations.
An unincorporated association is roughly just a fancy way of referring to a group of people acting together.\ [#fn8]_ If Adam, Barbara and Charlie are the 3 members of the XYZ Club (an unincorporated association), then saying ‘The XYZ Club’ did something is simply the same as saying ‘Adam, Barbara and Charlie’ did something.
An unincorporated association has no separate legal identity of its own. It cannot – in its own name – sue, be sued, own property, enter into contracts, or so on; rather, it does so in the joint name of its members.\ [#fn8]_
Organisations which do have their own legal identity are *corporations* (or *bodies corporate*\ [#fn9]_), of which there are many types. Before the genesis of modern corporations law, corporations in Britain were created by royal charter or Acts of Parliament (like the infamous British East India Company), and some of these continue to exist, particularly in the government and not-for-profit sectors.
However, most corporations are now created under various, more accessible pieces of legislation. These types of corporations include companies, incorporated associations and co-operatives.
Where do procedural requirements for meetings come from?
--------------------------------------------------------
Historical context
^^^^^^^^^^^^^^^^^^
The practices of meetings are based on extensive precedent, developed and refined over centuries of experience. In most English-speaking countries, these practices evolved from the procedures of the UK's House of Commons, and were exported to its then-colonies, including Australia.\ [#fn5]_ In Australia, home-grown innovations by the Australian Parliament have also been influential on local meeting procedure.
Now, meeting procedure forms a body of knowledge recognisably similar to the practice of the legislature, but with its own history and adaptations to fit its unique context.
.. _contemporary-requirements:
Contemporary requirements
^^^^^^^^^^^^^^^^^^^^^^^^^
.. index:: common law
At its heart, meeting procedure is principally governed by *common law* rules, expressed by judges in courts when disputes have arisen in the past, and *convention*, applied by Chairs during the running of meetings.
.. _authorities:
Many matters of convention are compiled into texts known as *authorities* on meeting procedure. This includes the previously mentioned *Robert's Rules* (commonly used in North America), Renton's *Guide for Meetings* and Citrine's *ABC of Chairmanship*, as well as a number of other authorities listed below – whose company, the author hopes, this book may join.
The common law of meetings, and the Chair's judgement in applying convention, is subject to any rules adopted by the meeting or which the meeting is subject to. In :ref:`‘Holding meetings’ <meeting-requirements>`, we will see that a meeting must be convened with adequate authority; it follows that whichever instrument grants that authority may condition the authority on certain rules. These rules may include:
* the organisation's *constitution* (sometimes known by other names, such as the *memorandum and articles of association*\ [#fn6]_ or *rules of association*\ [#fn7]_)
* *regulations*, *policies*, *by-laws* or other instruments made under the constitution
* *standing orders* adopted by the organisation
* previous *resolutions* concerning the conduct of meetings
Furthermore, recent (comparatively in the history of meeting procedure) developments in the law have meant that increasingly more bodies and meetings are subject to specific legislation. While the meetings of unincorporated associations continue to operate largely without interaction with statute, various other types of organisations formed under statute will be subject to those statutes. For example, in Australia:
* companies will be subject to the |CorpAct|_
* incorporated associations will be subject to state-based association incorporation legislation (e.g. the |VicAssoc|_)
* co-operatives will be subject to state-based co-operatives legislation (e.g. the |CNL|_)
.. |CorpAct| replace:: *Corporations Act 2001* (Cth)
.. _CorpAct: https://www.legislation.gov.au/Series/C2004A00818
.. |VicAssoc| replace:: *Associations Incorporation Reform Act 2012* (Vic)
.. _VicAssoc: https://www.legislation.vic.gov.au/in-force/acts/associations-incorporation-reform-act-2012/017
.. |CNL| replace:: *Co-operatives National Law*
.. _CNL: https://www.legislation.nsw.gov.au/view/html/inforce/current/act-2012-029#sch
.. index:: rules
In this book, when we refer to *rules*, we refer generally to any of the above matters which may override what generally applies under common law or convention.
Authorities on meeting procedure
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
The following :ref:`authorities on meeting procedure <authorities>` are cited within this book:
.. _citrine:
* Citrine W. *The ABC of chairmanship*. 4th ed. Citrine N, Cannell M, editors. London: Fabian Society; 1982 [reprinted 2016].
.. _horsley:
* Lang AD. *Horsley's meetings: procedure, law and practice*. 7th ed. Sydney: LexisNexis; 2015.
.. _joske:
* Magner ES. *Joske's law and procedure at meetings in Australia*. 11th ed. Sydney: Thomson Reuters; 2012.
.. _puregger:
* Puregger M. *The Australian guide to chairing meetings*. Brisbane: University of Queensland Press; 1998 [reprinted 2005].
.. _renton:
* Renton NE. *Guide for meetings and organisations*. 8th ed. Vol. 2, Guide for meetings. Sydney: Thomson; 2005.\ [#fn4]_
.. _ronr:
* Robert HM III, Honemann DH, Balch TJ, Seabold DE, Gerber S. *Robert's rules of order newly revised*. 12th ed. New York: PublicAffairs; 2020.
The following authorities, on parliamentary meeting procedure specifically, are also cited:
.. _horp:
* Elder DR, Fowler PE, editors. *House of Representatives practice*. 7th ed. Canberra: Department of the House of Representatives; 2018. https://www.aph.gov.au/About_Parliament/House_of_Representatives/Powers_practice_and_procedure/Practice7
.. _odgers:
* Evans H. *Odgers' Australian Senate practice*. 14th ed. Rosemary L, editor. Canberra: Department of the Senate; 2016. https://www.aph.gov.au/About_Parliament/Senate/Powers_practice_n_procedures/Odgers_Australian_Senate_Practice
.. _may:
* Natzler D, Hutton M, editors. *Erskine May's treatise on the law, privileges, proceedings and usage of Parliament*. 25th ed. London: LexisNexis; 2019. https://erskinemay.parliament.uk
.. _horp6:
* Wright BC, Fowler PE, editors. *House of Representatives practice*. 6th ed. Canberra: Department of the House of Representatives; 2012. https://www.aph.gov.au/About_Parliament/House_of_Representatives/Powers_practice_and_procedure/Practice6
.. rubric:: Footnotes
.. [#fn1] *Macquarie dictionary*. Sydney: Macmillan; c2021 [cited 2021 Jan 30]. https://macquariedictionary.com.au
.. [#fn2] :ref:`Robert et al. 2020 <ronr>`, ¶1:1
.. [#fn3] *Ward v Eltherington* [1982] Qd R 561
.. [#fn8] See e.g. Sievers AS. *Associations and clubs law in Australia and New Zealand*. 3rd ed. Sydney: Federation; 2010.
.. [#fn9] Confusingly and unfortunately, the term *body corporate* is also used in housing to refer specifically to owners corporations.
.. [#fn5] Meeting procedure in the USA, which gained independence from the UK much earlier than other colonies, branched off. Its legislative branch became Congress, and the procedures of ordinary meetings, modelled on the UK Parliament, became known as *‘parliamentary’ procedure*: :ref:`Robert et al. 2020 <ronr>`, ‘Introduction’.
.. [#fn6] See e.g. the former |CompAct|_.
.. [#fn7] See e.g. the |VicAssoc|_.
.. [#fn4] If you are looking for a single reference text, the author recommends Renton's *Guide for Meetings* as the most balanced and comprehensive of these.
.. |CompAct| replace:: *Companies Act 1981* (Cth)
.. _CompAct: https://www.legislation.gov.au/Details/C2004A02466
.. .. [#fn3] *Ward v Eltherington* [1982] Qd R 561. The court held that ‘all persons who were, at the relevant time, members of the committee were bound’ by a contract approved at a committee meeting: at 562; despite it being ‘not perfectly clear who was present’ during the meeting: at 565.

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The order of business
=====================
While motions are the principal way of a meeting expressing a decision, between the open and close of a meeting, there will be other matters that need to be attended to. In this chapter, we describe typical stages of a meeting, in a typical order that they might come up in.
.. index:: meeting; opening, opening of meeting, meeting; called to order
Opening of meeting
------------------
At the time specified in the :ref:`notice <notice>` of the meeting, provided that a quorum is present, the Chair will formally open the meeting and *call the meeting to order* with words to the effect of ‘The meeting is opened at [time]’, ‘I call the meeting to order’ or ‘Thank you all for coming’. This may be followed by suitable words of welcome, acknowledgement of guest speakers or new members, and so on.
.. That; the notice convening the meeting be taken as read
In the case of important meetings, the Chair may read, or direct the Secretary to read, the notice of the meeting, in order to remind members of its purpose. If a member were to desire to dispense with this, it would be in order to move ‘*That the notice convening the meeting be taken as read*’.\ [#fn1]_
Any challenge to the validity of the meeting should ideally be made at this stage.\ [#fn2]_
Attendance and apologies
------------------------
.. index:: apologies
At the commencement of the meeting, the members in the attendance should be noted. The Chair should also note if any members who have advised they cannot attend (*apologies*), and ask if any other members have sent apologies via those present.
.. That; the apologies be accepted (or received)
If the meeting desires to formally grant a leave of absence to those named, it may be moved ‘*That the apologies be accepted*’. If the meeting wishes not to grant leave, the traditional approach would be to move (or amend the motion to read) ‘*That the apologies be received*’\ [#fn4]_ – but see :ref:`‘Reports’ <reports>` for the author's view on motions to ‘receive’.
An apology, whether accepted or not, does not prevent that member participating in the meeting if they later arrive.
If :ref:`proxy voting <proxy-voting>` is permitted, and proxies have been appointed, that should also be noted at this point.
Minutes of previous meetings
----------------------------
.. index:: minutes
.. _minutes:
*Minutes* are the formal, permanent, written records of the business transacted at a meeting. There is no common law requirement for minutes to be kept, but this is almost invariably required by the laws and rules applying to bodies.\ [#fn5]_
.. index:: That; the minutes be confirmed
Unless the minutes were previously circulated, the Chair should read, or direct the Secretary to read, the minutes from the previous meeting. A member should then move ‘*That the minutes be confirmed*’).\ [#fn6]_ If the minutes were previously circulated, and it is therefore unnecessary for them to be read again, it could instead be moved ‘*That the minutes, as circulated, be taken as read and confirmed*’.
Although the rules of some bodies sometimes provide otherwise, it is not generally necessary for the motion to be moved or seconded by someone who was present at the previous meeting, and all may vote on the motion regardless of whether they were present. Just as with any motion, every member has the right to express a belief on whether the minutes are correct.\ [#fn7]_
The motion may be debated as to the factual accuracy of the minutes (not as an opportunity to revive topics of discussion finalised at the previous meeting). If there is consensus that there is an error, it may be corrected by the Chair or Secretary before the motion is put to a vote. Otherwise, a motion to :ref:`amend <amendments>` the minutes could be moved.
.. index:: minutes; minimum content
Minimum content of minutes
^^^^^^^^^^^^^^^^^^^^^^^^^^
The minutes should contain, at a bare minimum:
* the name of the body, and the nature and type of the meeting (e.g. committee meeting, annual general meeting, special general meeting, etc.)
* the time and place
* the names of those present and, if non-attendance is of consequence, a list of apologies accepted
* a list of all resolutions passed at the meeting\ [#fn14]_
* notice given of motions to be moved at a later meeting
* the time and place of the next meeting
* the time of closing the meeting\ [#fn8]_
If a person abstains on a vote, or votes against a motion which is carried, they may also ask that that be recorded in the minutes.\ [#fn9]_
If the rules require that a particular motion must be carried by more than a majority (for example, a two-thirds vote or an absolute majority), the minutes should record the Chair's declaration that the motion was carried by the required majority.\ [#fn10]_
Of course, it is open for a body to include more than this bare minimum in its minutes. Conciseness is to be valued, however, and the minutes should not seek to become so detailed as to serve as an exact transcript of everything said and done.
.. index:: minutes; confirmation, confirmation of minutes, motion; to confirm minutes
Confirmation of minutes
^^^^^^^^^^^^^^^^^^^^^^^
The effect of carrying the motion ‘*That the minutes be confirmed*’ (or similar) is to verify that the minutes are correct. Once the motion is carried, the Chair of the meeting which verifies the minutes should sign the minutes as having been confirmed.\ [#fn33]_
It is the practice of some bodies that a motion to confirm the minutes is not moved, but Australian authorities regard following the formal procedure as preferable.\ [#fn12]_:superscript:`,`\ [#fn13]_
Note that confirming the minutes does not give the events of that previous meeting any additional force. Any resolution of the previous meeting took effect as soon as it was made at that meeting, and does not need to be ‘confirmed’ first.\ [#fn11]_
Once the minutes have been confirmed, they may not, *under any circumstances*, be altered.\ [#fn15]_:superscript:`,`\ [#fn16]_ Rather, a resolution pointing out the error should be passed, and a cross-reference inserted into the previous minutes pointing to the resolution.\ [#fn17]_
.. index:: minutes; matters arising from, matters arising from the minutes
Matters arising from the minutes
--------------------------------
After the confirmation of the minutes, a meeting usually turns to considering any *matters arising from the minutes*.\ [#fn32]_ Matters which could be considered under this heading include, for example:
* items of business adjourned at the previous meeting but not resumed,\ [#fn34]_ or items of business adjourned to this meeting
* a progress update on an action tasked to a member at the previous meeting
* continuing discussion relating to an ongoing project
As with the confirmation of the minutes, however, this is not to be regarded as an opportunity to revive topics of discussion finalised at the previous meeting.
.. index:: correspondence, That; the inward correspondence be received, That; the outward correspondence be endorsed
Correspondence
--------------
At this point of the meeting, unless previously circulated, the Chair or Secretary should read the correspondence received by the body since the last meeting. Tradition would have it that a motion would then be moved ‘*That the inward correspondence be received*’\ [#fn18]_ – but, as with apologies, see :ref:`‘Reports’ <reports>` for the author's view on motions to ‘receive’.
The Chair or Secretary would then read the correspondence sent by the body since the last meeting (*outward correspondence*), and a motion would be moved ‘*That the outward correspondence be endorsed*’.\ [#fn18]_
If desired, the two motions could be combined into one motion ‘*That the outward correspondence be endorsed and the inward received*’.\ [#fn19]_
Matters arising from the correspondence
---------------------------------------
If any action is required in relation to any correspondence, appropriate motions could be moved here. For example, ‘*That the Secretary reply to Mx Smith to …*’. Where resignations are traditionally submitted in writing, the usual motion would be ‘*That Mx Smith's resignation be accepted with regret*’.\ [#fn18]_
.. index:: reports, That; the report be adopted (received)
.. _reports:
Reports
-------
At this point in the meeting, reports may be presented from office-bearers (such as the President or Treasurer) or from subcommittees. After each report, if the meeting agrees with the report, it should be moved ‘*That the report be adopted*’. If not, it would be traditional to move ‘*That the report be received*’. The debate on the motion also presents an opportunity for questions to be asked of the person presenting the report.\ [#fn22]_
If the meeting wishes to adopt some, but not all, of the report, :ref:`amendments <amendments>` may be moved to the report. If the desired changes are particularly complex, the report may be :subref:`ConsiderSeriatim <consideration-seriatim>`.\ [#fn23]_
.. |ConsiderSeriatim| replace:: considered *seriatim*
.. index:: That; the financial statements be adopted (received)
Some types of report may require further action. In the case of a Treasurer who reports that expenditure is required to settle outstanding accounts, a motion would be moved ‘*That the accounts as presented be passed for payment*’.\ [#fn22]_
In the case of the Treasurer's report at an annual general meeting that includes financial statements, a motion would be moved ‘*That the financial statements (or “financial statements and auditor's report”) be adopted (or “received”)*’.\ [#fn22]_
In the case of a subcommittee report with specific recommendations for action, further substantive motions could be moved addressing each of those recommendations.\ [#fn22]_
A word on ‘receiving’
^^^^^^^^^^^^^^^^^^^^^
As noted above, it is traditional in various circumstances to move to ‘receive’ a matter. The author begs your indulgence for a moment to break from authority and opine that this practice is superfluous and nonsensical.
To resolve, for example, ‘*That the report be received*’, suggests that it would be possible to negative the question and refuse to receive the report. But the meeting has, as a matter of fact, already received the report by virtue of having just sat through the report being delivered. *Robert's Rules* proscribes this form of motion for the same reason.\ [#fn20]_
If it is desired to move a similar motion, the author recommends that the matter instead ‘*be noted*’.\ [#fn21]_
.. index:: motion; on notice
Motions on notice
-----------------
At this point in the meeting, motions of which notice had been given prior to the meeting should be moved. These *motions on notice* will be listed on the :ref:`agenda <agenda>`, typically in the order that notice was given.\ [#fn24]_
One by one, in the order listed on the agenda, the Chair will ask the person who gave notice to move the motion. The motion is then proceeded with as described in :ref:`‘Moving a motion’ <moving-motion>`.
If the person who gave notice is not present, or chooses not to move the motion, any other member may move the motion instead, unless prohibited by the rules. If no one moves the motion, then the motion will lapse, the notice will be taken to have been dealt with, and the meeting will proceed to the next item of business.\ [#fn25]_
.. index:: special resolution; notice of
The rules of some bodies require notice to be given of certain motions in particular ways. For example, under the *Corporations Act 2001* (Cth), if a ‘special resolution’ is to be proposed, then the notice of the meeting must state the wording of the special resolution, and state the intention to propose the motion as a special resolution.\ [#fn26]_ Notice requirements commonly apply to matters such as amending the rules, rescinding previous resolutions, and removing auditors. Any such requirements must, of course, be complied with strictly.
There has been some debate over the years about whether a motion on notice, and in particular a proposed special resolution, may be amended. It appears that the correct position under Australian law is that a motion on notice (including a proposed special resolution) may be amended, provided the amendment does not alter its nature or cause the motion to fall outside the scope of the notice.\ [#fn27]_
General business
----------------
All of the scheduled items of business having been dealt with, the agenda may provide for the transaction of *general business* (or ‘*any other business*’). This provides an opportunity to move any desired motions without having previously given notice – provided, of course, that they fall within the scope of the :ref:`notice of the meeting <notice>`.\ [#fn31]_
Notices of motion
-----------------
At this point in the meeting, members may give notice of motions they intend to move at the next meeting, which will then be listed on the next agenda under ‘motions on notice’.\ [#fn30]_ For example, a member, after obtaining the call, may say ‘*I give notice that at the next meeting I intend to move “That …”*’.
For the purpose of including proposed motions on the agenda, it also seems reasonable, unless the rules otherwise require, to permit notice to be given between meetings, by notice to the Secretary or whoever compiles the agenda before it is distributed.
Date of next meeting
--------------------
Before closing the meeting, the date of the next meeting should be determined. If the date has been previously determined, either by a rule of the body or by an earlier resolution fixing the date of the next meeting, the Chair should remind members of this date. If the date has not yet been fixed, a motion fixing a specified date for the next meeting should now be moved.\ [#fn28]_
Close of meeting
----------------
All business of the meeting having concluded, the Chair should formally declare the meeting closed.\ [#fn29]_
.. rubric:: Footnotes
.. [#fn1] :ref:`Renton 2005 <renton>`, ¶2.10
.. [#fn2] :ref:`Renton 2005 <renton>`, ¶2.11. Renton goes on to suggest that if no challenge is raised at this point, the right is waived. :ref:`Lang 2015 <horsley>`, ¶9.8, disagrees, citing *Henderson v Bank of Australasia* (1890) 45 Ch D 330; as does :ref:`Magner 2012 <joske>`, ¶3.35, citing *Werner v Boehm* (1890) 16 VLR 73.
.. [#fn4] :ref:`Renton 2005 <renton>`, ¶2.13
.. [#fn5] :ref:`Lang 2015 <horsley>`, ¶18.3
.. [#fn6] Some bodies prefer to jazz up the wording; for example, ‘*That the minutes be confirmed as a true and accurate record*’.
.. [#fn7] :ref:`Renton 2005 <renton>`, ¶2.14; :ref:`Lang 2015 <horsley>`, ¶18.14; :ref:`Puregger 1998 <puregger>`, p. 26
.. [#fn14] In North America, *Robert's Rules* requires all substantive motions to be recorded, whether carried or lost. :ref:`Robert et al. 2020 <ronr>`, ¶48:4
.. [#fn8] :ref:`Lang 2015 <horsley>`, ¶18.7; *John J Starr (Real Estate) Pty Ltd v Robert R Andrew (Australasia) Pty Ltd* (1991) 6 ACSR 63, 89–90
.. [#fn9] :ref:`Lang 2015 <horsley>`, ¶18.7. Some authorities suggest that this right is only available to those who abstain.
.. [#fn10] :ref:`Lang 2015 <horsley>`, ¶18.7
.. [#fn33] :ref:`Renton 2005 <renton>`, ¶2.19
.. [#fn12] :ref:`Renton 2005 <renton>`, ¶2.20; :ref:`Lang 2015 <horsley>`, ¶18.14
.. [#fn13] In North America, *Robert's Rules* takes the opposite view, where a motion is neither necessary nor desirable, and the minutes are automatically confirmed once no more corrections are forthcoming. This is on the basis that the only allowable way to object to the minutes is to offer a correction. :ref:`Robert et al. 2020 <ronr>`, ¶41:11
.. [#fn11] :ref:`Renton 2005 <renton>`, ¶2.14; :ref:`Lang 2015 <horsley>`, ¶18.12
.. [#fn15] :ref:`Renton 2005 <renton>`, ¶2.21; :ref:`Lang 2015 <horsley>`, ¶18.15; *Re Cawley & Co* (1889) 42 Ch D 209; :ref:`Puregger 1998 <puregger>`, pp. 27–28
.. [#fn16] This differs to the practice in North America under *Robert's Rules*, where confirmed minutes may be later amended in the same way as any ordinary resolution. :ref:`Robert et al. 2020 <ronr>`, ¶48:15
.. [#fn17] :ref:`Renton 2005 <renton>`, ¶2.21; :ref:`Lang 2015 <horsley>`, ¶18.15
.. [#fn32] :ref:`Renton 2005 <renton>`, ¶2.24
.. [#fn34] :ref:`Renton 2005 <renton>`, ¶6.22
.. [#fn18] :ref:`Renton 2005 <renton>`, ¶2.25; :ref:`Puregger 1998 <puregger>`, p. 33
.. [#fn19] :ref:`Puregger 1998 <puregger>`, p. 33
.. [#fn22] :ref:`Renton 2005 <renton>`, ¶¶2.28, 2.30, 2.35
.. [#fn23] :ref:`Puregger 1998 <puregger>`, p. 35
.. [#fn20] :ref:`Robert et al. 2020 <ronr>`, ¶51:15
.. [#fn21] In the Australian Senate, a motion to ‘take note’ of a document is the vehicle for allowing debate without effecting a substantive decision. :ref:`Evans 2016 <odgers>`, p. 579
.. [#fn24] :ref:`Renton 2005 <renton>`, ¶2.41
.. [#fn25] :ref:`Renton 2005 <renton>`, ¶4.32
.. [#fn26] |CorpAct|_, s. 249L(1)(c)
.. [#fn27] :ref:`Lang 2015 <horsley>`, ¶¶10.20–21; *Re Willaire Systems plc* [1987] BCLC 67; *Totally and Permanently Incapacitated Veterans' Association of New South Wales Ltd v Gadd* (1998) 146 FLR 161; *NRMA Ltd v Scandrett* (2002) 171 FLR 232
.. [#fn31] :ref:`Renton 2005 <renton>`, ¶¶2.43–44; :ref:`Lang 2015 <horsley>`, ¶4.18
.. [#fn30] :ref:`Renton 2005 <renton>`, ¶2.45
.. [#fn28] :ref:`Renton 2005 <renton>`, ¶2.46
.. [#fn29] :ref:`Renton 2005 <renton>`, ¶2.47
.. |CorpAct| replace:: *Corporations Act 2001* (Cth)
.. _CorpAct: https://www.legislation.gov.au/Details/C2021C00025/Html/Volume_1#_Toc62021976

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Edition 0.2 first published 2021
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Copyright © 2021 Lee Yingtong Li. You may use this book, at your option, under either of the following licences:
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Standing orders, etc.
=====================

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Transacting business
====================
Motions, generally
------------------
.. index:: motion
The heart of transacting business at meetings is the *motion*. A motion is simply a proposal that the meeting take a certain course of action.
Broadly, there are two kinds of motions:
* *substantive motions*\ [#fn6]_ are ones which bring forward proposals to the meeting to achieve substantive outcomes;\ [#fn1]_ for example, to endorse a certain position or exercise a certain power
..
* *subsidiary motions* are ones which are dependent on, or relate to, an existing item of business;\ [#fn36]_ for example, to postpone consideration of an existing item
In this chapter, we will focus primarily on substantive motions. In :doc:`‘Altering the flow’ <altering-flow>`, we will cover in greater detail other subsidiary motions, including *procedural motions*, which relate to regulating the procedure of the meeting.
Traditional form of motions
^^^^^^^^^^^^^^^^^^^^^^^^^^^
Traditionally, in English, motions begin with the word ‘That’,\ [#fn7]_ and are worded using the *subjunctive mood*. The subjunctive mood is how the verb is used, for example, in the title of Beyoncé's ‘If I *Were* a Boy’, or the sentence ‘It is important that you *be* here’. Examples of motions using the subjunctive mood are:
* ‘That the expenditure be approved’ or ‘That the committee approve the expenditure’ (not ‘That the expenditure *is* approved’ or ‘That the committee *approves* the expenditure’)
..
* ‘That Charlie be appointed Secretary’ (not ‘That Charlie *is* appointed Secretary’)
..
* ‘That the Board put on record its opposition to the policy’ (not ‘That the Board *puts* on record its opposition to the policy’)
By convention, motions also traditionally observe a number of other principles:
* Motions are worded in the affirmative, so that voting ‘yes’ registers support for taking some action, unless there is a good reason not to.\ [#fn5]_:superscript:`,`\ [#fn18]_ A motion worded in the negative, where a ‘yes’ vote registers support for a ‘no’ proposal, would be confusing to members.
* Motions are conventionally worded as one single sentence, although the sentence may be split up into multiple parts for easier reading.\ [#fn5]_ For example:
| That:
| \(a) a finance committee be established; and
| \(b) the committee consist of 5 members appointed by the President; and
| \(c) the Chair of the committee be elected by and from the committee members.
.. index:: motion; omnibus, omnibus motion, motion; composite, composite motion
.. _omnibus-motion:
A motion like this which contains multiple parts (particularly if they deal with different topics) is referred to as an *omnibus motion* or *composite motion*.\ [#fn15]_
.. index:: preamble
If desired, the motion may include a *preamble*,\ [#fn8]_ to provide additional context. For example, ‘That, as the rules require a Secretary to be appointed and Charlie is the only nominee, Charlie be appointed Secretary’.\ [#fn9]_
Alternative forms of motions
^^^^^^^^^^^^^^^^^^^^^^^^^^^^
It is, of course, open to a body to adopt different forms for its motions.\ [#fn14]_ Among organisations stoic enough to withstand the stern looks of disapproval given by meeting procedure connoisseurs to those who dare break from tradition, several alternative forms are common:
* beginning motions with the word ‘That’, but not using the subjunctive mood – for example:
* ‘That the expenditure is approved’
* ‘That Charlie is appointed Secretary’
* ‘That the Board puts on record its opposition to the policy’
..
* beginning motions with the word ‘To’ – for example:
* ‘To approve the expenditure’
* ‘To appoint Charlie as Secretary’
* ‘To put on record the Board's opposition to the policy’
..
* expressing motions as declarative statements by the body\ [#fn35]_ – for example:
* ‘This committee approves the proposed expenditure.’
* ‘Council appoints Charlie as Secretary.’
* ‘The Board opposes the proposed policy.’
Unacceptable motions
^^^^^^^^^^^^^^^^^^^^
However a body chooses to phrase its motions, there are a number of key requirements which arise from the law:
* As follows from the requirement in :ref:`‘Holding meetings’ <meeting-requirements>` that a meeting must be convened with requisite authority, a motion must not conflict with any :ref:`rules <meeting-requirements>` which bind the meeting, or be beyond the scope of the purposes or objects of the body as prescribed in its rules. A motion which is beyond the meeting's authority to agree to is known as being *ultra vires*.
..
* A motion must comply with all requirements of form and :ref:`notice <notice>` prescribed by the rules – for example, if the rules require advance notice to be given of proposed special resolutions.
..
* A motion which has been ruled out of order by the Chair must not be considered again at the same meeting, unless the ruling is successfully :ref:`dissented from <dissent>`.
Courts in Australia have held that motions which are carried in violation of the 3 above requirements will be invalid.\ [#fn10]_
A motion may also be ruled out of order by the Chair if it does not comply with one of a number of other rules:
* A motion should be relevant (*germane*) to the purpose for which the meeting was called, and if it is a subsidiary motion, it should be germane to the business to which it relates.
.. index:: rule; same question, same question rule
.. _same-question-rule:
* A motion must not constitute, explicitly or implicitly, a reversal of a motion carried earlier at the same meeting; nor be a renewal of a motion lost earlier at the same meeting. This is known as the *same question rule*.
..
* A motion should not be inconsistent with a resolution of a previous meeting of the body. The earlier resolution should instead be :ref:`rescinded <rescission>`.
In the event that a motion is mistakenly allowed to stand, and is carried, in contravention of the 3 above requirements, ‘its validity would be … in jeopardy’.\ [#fn10]_
.. index:: motion; moving of
.. _moving-motion:
Moving a motion
---------------
Typically, in order to bring a motion to the meeting for its consideration, the motion is first formally proposed (*moved*).
.. index:: call
.. _obtaining-the-call:
Obtaining the call
^^^^^^^^^^^^^^^^^^
In order to speak, and therefore to propose the motion, a member must first be recognised by the Chair and obtain the right to speak – known as obtaining the *call*. In North America, this is known as obtaining the *floor*.
A member seeks to obtain the call by (in large meetings) standing, or (in smaller meetings) gaining the Chair's attention in some other way, such as by raising their hand. The Chair will then *call on* the member, by stating their name or otherwise indicating who has the call.
If 2 or more members stand (raise their hands, etc.), the Chair will choose whichever person caught their attention first. If the meeting disagrees with the Chair's decision, a procedural motion may be moved :subref:`BeNowHeard <be-now-heard>`. Procedural motions are covered in greater detail in the next chapter.
.. |BeNowHeard| replace:: ‘*That [member not called upon] be now heard*’
Once a member obtains the call, they may not be interrupted except:
* by the chair, to call attention to a breach of meeting procedure (for example, a breach of the :ref:`rules of decorum <rules-of-decorum>`) or for another valid purpose
* by another member, to raise a :ref:`point of order <point-of-order>`
* by another member, to move one of a limited range of :ref:`procedural motions <procedural-motions>` permitted to interrupt another speaker\ [#fn65]_
Moving the motion
^^^^^^^^^^^^^^^^^
After obtaining the call, the member says ‘*I move*’, followed by the words of the motion; for example, ‘*I move that the expenditure be approved*’.\ [#fn2]_
As noted above, when one member has the call, they cannot generally be interrupted to move another motion. Additionally, a substantive motion may also only be moved when there is no other question pending before the meeting. If a member has sought to move a motion in violation of these requirements, it should be ruled by the Chair as out of order.
If the motion is particularly complex, it should be provided in writing to the Chair. Some rules require this of all motions.
After moving the motion, the member may then, if desired, make a speech in support of the motion – explaining, for example, why other members should support the motion, and so on. This speech will be subject to the :ref:`rules of decorum <rules-of-decorum>`, explained in more detail in the next section.
However, if the mover chooses not to make a speech, they will nevertheless be deemed as having spoken to the motion – the mover's initial right to speak cannot be ‘reserved’ for later.\ [#fn48]_ (Contrast with the position of the seconder, below.)
Once the mover has concluded speaking, they should (if standing) sit back down (*resume their seat*).
Seconding the motion
^^^^^^^^^^^^^^^^^^^^
Although there is no requirement at common law,\ [#fn37]_ it is customary for (and some rules require) a motion to be *seconded* before it can be proceeded with further.\ [#fn39]_
At the conclusion of the mover's speech, the Chair should, if necessary, remind the meeting of the text of the motion, and ask ‘Is the motion seconded?’
A member (other than the mover) who wishes to second the motion should :ref:`obtain the call <obtaining-the-call>` in the same way as described above, and say ‘I second the motion’. The seconder may then, if desired, make their own speech on the motion. Again, once the seconder has concluded, they should (if standing) resume their seat.
Alternatively, if the seconder chooses not to make a speech when seconding the motion, they are entitled to speak later as usual during the debate, so long as this is made clear at the time of seconding – this is known as *reserving* the right to speak.\ [#fn49]_
If no one wishes to second the motion, convention would have it that the Chair may decline the accept the motion, and the result will be as if the motion was never moved. The motion is said to have *lapsed* for want of a seconder. However, whether this is legally permissible (in the absence of a specific rule) is considered doubtful.\ [#fn38]_
Alternatively, a member may rise to second the motion *pro forma*, which indicates that the member does not support the motion but would like it motion to be debated.\ [#fn73]_
Question proposed by the Chair
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
Once the motion has been moved and, if necessary, seconded, the Chair will formally *propose the question* to the meeting, by saying ‘The question is that’ (followed by the rest of the motion), or if the text of the motion does not need repeating, ‘*The question is that the motion be agreed to*’.
Note that while it is usual for the Chair not to accept a motion until it is formally moved, this is not a legal requirement. A Chair also has the power to put a motion to the meeting without it being moved or seconded.\ [#fn50]_ Alternatively, the Chair may suggest wording for a motion, and invite another member to move it; for example, by asking ‘*May I have a motion that …*’.\ [#fn51]_
Once a motion is accepted by the Chair, it becomes the property of the meeting. It cannot be amended or withdrawn unless the meeting agrees – for example, by :ref:`amendment <amendments>`, :ref:`procedural motion <procedural-motions>` or :ref:`leave <leave>`.\ [#fn74]_
.. _debate:
Debate
------
Once the question is proposed by the Chair, the motion is opened to debate by other members who wish to speak for or against the motion.
A member who wishes to speak in debate should :ref:`obtain the call <obtaining-the-call>` as previously described, make their speech, then (if standing) resume their seat.
As noted in :ref:`‘Obtaining the call’ <obtaining-the-call>`, the call is usually allocated to the member who is noticed by the Chair first. However, the Chair may instead consider it beneficial to alternate between those speaking for and against the motion, or to give effect to a prior agreement about speaking order.\ [#fn44]_
At meetings of small committees, there is generally no restriction on the number of times a member may speak in a debate. In larger meetings, each member (except for the mover, who has a :ref:`right of reply <right-of-reply>`) is entitled to speak only once during the debate.\ [#fn44]_:superscript:`,`\ [#fn40]_
.. _exceptions-one-speech:
Exceptions to the one-speech-per-debate rule may be advanced at the discretion of the Chair – for example, to allow a member to clarify a statement made by them earlier in the debate which appears to have been genuinely misinterpreted.\ [#fn44]_ Alternatively, if it is desired at a large meeting to allow all members to speak an unlimited number of times to each question, see :ref:`‘Committee debate’ <committee-debate>`.
.. index:: foreshadowing, motion; foreshadowing
.. _foreshadowing:
As there is now a motion before the meeting, no other different substantive motion may be moved at this time. However, if relevant, a member may, during their speech, notify other members of an intention to later propose (*foreshadow*) another motion.\ [#fn63]_
.. _rules-of-decorum:
Rules of decorum
^^^^^^^^^^^^^^^^
A number of rules apply to speeches during debates, and to the conduct of members generally during a meeting:
.. index:: Chair; speaking through the
* Members should (if at a large meeting) stand when speaking, and face the Chair. Members should phrase their remarks as if addressing the Chair, rather than as if talking to any other particular individual; i.e. the term ‘you’ refers to the Chair.\ [#fn41]_:superscript:`,`\ [#fn46]_ This is known as *speaking through the chair*, and is designed to discourage heated personal arguments.
..
* Members should not engage in offensive language, imputations of improper motives or personal reflections on other members.\ [#fn41]_ Members should be reminded to debate the idea, not the person.
..
* Members should not engage in repeated disruptive interjections, heckling or private conversations while another member is speaking.\ [#fn41]_:superscript:`,`\ [#fn42]_
..
* Speeches should be relevant to the topic currently before the meeting.\ [#fn42]_:superscript:`,`\ [#fn47]_
..
* When the Chair rises to speak, members should stop speaking and resume their seat.\ [#fn42]_
Chairs have the power to regulate breaches of decorum. A misbehaving member may be interrupted by the Chair and reminded of the expectations, asked to withdraw and apologise, or ordered to resume their seat.\ [#fn42]_
In extreme cases, if a person's behaviour is so obstructive to the proceedings that the meeting cannot be peaceably continued, the Chair may order that person be removed from the meeting and prevented from returning.\ [#fn43]_
.. _right-of-reply:
Right of reply
^^^^^^^^^^^^^^
If a motion is debated, the mover of a substantive motion is conventionally offered the privilege of speaking a second time at the end of the debate. This is known as the *right of reply*.\ [#fn45]_
The Chair has the power to determine when the debate is to be closed,\ [#fn76]_ and should seek to do so once no other speakers are forthcoming, or if the previous few speakers have all been from the same side and no opposing speakers are forthcoming.\ [#fn77]_
At this time, the Chair should call on the mover to speak ‘in reply’, if the mover desires. The mover may also speak ‘in reply’ if the debate is ended by a :ref:`procedural motion <procedural-motions>`.\ [#fn52]_
As the reply will be the last speech in the debate, and opponents of the motion will therefore not have an opportunity to respond, the mover is not permitted to introduce any new information or argument, but may only address what has previously been raised.\ [#fn45]_
The mover of an amendment or procedural motion does not have a right of reply.\ [#fn52]_
If the substantive motion is proposed to be amended (see :ref:`‘Amendments’ <amendments>`), there is some disagreement on when the right of reply may be exercised. The 3 possibilities are:
* the right of reply is exercised immediately before the vote on the substantive motion
* the right of reply is exercised immediately before the vote on the first amendment\ [#fn70]_
* the right of reply is exercised immediately before the vote on any amendment, chosen by the mover\ [#fn52]_
Some authorities also suggest that the right of reply is forfeit if the mover speaks in the debate on an amendment.\ [#fn52]_ :ref:`Lang (2015) <horsley>`\ [#fn52]_ and :ref:`Puregger (1998) <puregger>`\ [#fn75]_ recommend, and the author agrees, that the mover may exercise the right of reply at their choice at any of these 3 times. :ref:`Lang (2015) <horsley>`\ [#fn52]_ further recommends that the Chair may rule that the right of reply is forfeit if the mover speaks in the debate on an amendment.
.. index:: motion; voting on
.. _voting-on-motions:
Voting on motions
-----------------
Once the debate has concluded, and the right of reply exercised (if applicable), Chair must *put the question* to a vote.
The Chair again announces ‘*The question is that*’ (followed by the rest of the motion), or ‘*The question is that the motion be agreed to*’, as appropriate.
.. index:: vote; by show of hands, show of hands
At common law, voting on motions is by show of hands.\ [#fn53]_ When voting by show of hands, the Chair says words to the effect of ‘*Those in favour, please raise your hand*’ (or ‘please indicate’\ [#fn55]_ or ‘please show’\ [#fn54]_), followed by the same for ‘*Those opposed*’.
Unless the rules require it, or the result is close and the Chair wishes to, there is no requirement to actually count the number of hands raised.\ [#fn55]_
The Chair will determine which side, in their opinion, had more votes, and announce the result accordingly; for example, ‘*The question is agreed to and the motion is carried*’ or ‘*The question is negatived and the motion is lost*’.
If members disagree with the Chair's determination, they may request a :ref:`poll <poll>`. More detailed rules for voting by show of hands or poll, and for other forms of voting, are discussed in :doc:`‘Voting and elections’ <voting>`.
.. index:: resolution
Once a motion is carried, it becomes, and is known as, a *resolution* of the meeting.
.. index:: Chair; voting by
Voting by Chair
^^^^^^^^^^^^^^^
.. index:: deliberative vote, vote; deliberative, Chair; deliberative vote of
When the Chair of a meeting is also a voting member of the body, the Chair is entitled to exercise the *deliberative vote* they have in their capacity as a voting member.
Authorities recommend that if the Chair is to exercise their deliberative vote, it should be exercised at the same time that the other members vote.\ [#fn26]_ However, in Australia, the courts have also endorsed as acceptable exercising the deliberative vote if necessary only after the other votes have been counted.\ [#fn27]_
.. index:: casting vote, vote; casting, Chair; casting vote of
In addition to the deliberative vote, the rules of many bodies provide that, if the votes on a question are tied, the Chair has a second (*casting*) vote.\ [#fn25]_ This may be the case even if the Chair does not have a deliberative vote.\ [#fn29]_ As the casting vote is conditional on the votes being tied, it is naturally only exercised once the other votes have been counted.
.. index:: rule; Speaker Denison's, Speaker Denison's rule
Traditionally, the casting vote is exercised in favour of the status quo.\ [#fn29]_ This principle was developed more specifically by John Evelyn Denison, Speaker of the British House of Commons from 1857 to 1872, in what is now known as *Speaker Denison's rule*:
* the casting vote is cast in favour of further discussion, if further discussion is possible (e.g. against :ref:`closure <closure>`)
* if no further discussion is possible, decisions should not be taken except by a majority (i.e. the casting vote is cast against substantive motions)
* in a vote on an amendment, the casting vote is cast in favour of leaving the motion in its existing form (i.e. against the amendment)\ [#fn31]_
However, this is not a legal requirement. Courts have expressed that a Chair exercising a casting vote must ‘exercise it honestly and in accordance with what [they believe] to be the best interests of those who may be affected by the vote’, but subject to that, ‘is fully entitled to … vote as [they think] fit’.\ [#fn30]_
As the casting vote is conditional on the votes being tied, the Chair cannot use a casting vote in order to *cause* a tie. Nor can a casting vote conditional on a tie be used to resolve a question when more than a majority vote is required (for example, when a two-thirds majority is required by the rules).\ [#fn28]_
A Chair may cast both a deliberative vote and a casting vote – i.e. use their deliberative vote to cause a tie, then use their casting vote.\ [#fn27]_ This should be done with great caution, however, so as to avoid any suggestion of bias.
.. index:: tied votes, vote; tied
Tied votes
^^^^^^^^^^
If the votes on a question are tied, and the Chair does not have (or chooses not to exercise) a casting vote, the question is not agreed to, as a majority (*more than* half) has not been obtained in favour.
However, in such a case, whether the question has been *negatived* (and in the case of a motion, whether it has been *lost*) is ambiguous. :ref:`Citrine (1982) <citrine>`\ [#fn23]_ and :ref:`Puregger (1998) <puregger>`\ [#fn78]_ take the view that the motion is declared ‘not carried’, but is not ‘lost’ per se. In this case, the effect is as if the motion had never been moved.
On the other hand, :ref:`Renton (2005) <renton>`\ [#fn28]_ and :ref:`Lang (2015) <horsley>`\ [#fn56]_ suggest, and the Australian Constitution explicitly prescribes for the Senate,\ [#fn24]_ that when the votes are tied the question is negatived.
Because of this ambiguity, the author recommends that the rules of the body should explicitly prescribe what should happen in the event of such a tie – for simplicity, the author recommends that the question should negatived.
.. index:: amendment
.. _amendments:
Amendments
----------
It is often the case that, after a motion has been moved and seconded, some members would prefer that changes be made to the motion. This may be accomplished by an *amendment*, which is a proposal to alter the wording of a motion once it has been accepted by the Chair.
In this book, when we say *principal motion*, we mean the motion that the amendment proposes to amend.
Form of amendments
^^^^^^^^^^^^^^^^^^
An amendment can be conceptualised as a type of subsidiary motion of the form ‘*That the motion be amended by …*’ (or equivalent).
Customarily, a motion may be amended to:\ [#fn19]_
.. tabularcolumns:: |>{\raggedright}m{0.3\dimexpr\linewidth-4\tabcolsep-3\arrayrulewidth\relax}|p{0.7\dimexpr\linewidth-4\tabcolsep-3\arrayrulewidth\relax}|
+------------------------------------------+---------------------------------------------------------------------+
| Action | Example motions |
+==========================================+=====================================================================+
| *omit* (or delete or strike out) words | * That the motion be amended by omitting ‘…’ |
| | * That the words ‘…’ be omitted |
| | * That ‘…’ be omitted from line X |
| | * | That the motion be amended as follows: |
| | | Omit ‘…’ |
+------------------------------------------+---------------------------------------------------------------------+
| *insert* (or add) words\ [#fn21]_ | * That the motion be amended by inserting ‘…’ after ‘…’ |
| | * That the words ‘…’ be inserted after ‘…’ |
| | * That ‘…’ be added at the end of the motion |
| | * | That the motion be amended as follows: |
| | | After ‘…’, insert ‘…’ |
+------------------------------------------+---------------------------------------------------------------------+
| omit words and *substitute* others\ | * That the motion be amended by omitting ‘…’ and substituting ‘…’ |
| [#fn22]_ | * That the motion be amended by omitting all words after ‘That’ and |
| | substituting ‘…’\ [#fn11]_ |
| | * That the words ‘…’ be omitted and ‘…’ inserted in their place |
| | * That ‘…’ be substituted for ‘…’\ [#fn12]_ |
| | * | That the motion be amended as follows: |
| | | Omit ‘…’, substitute ‘…’ |
+------------------------------------------+---------------------------------------------------------------------+
The example motions shown above are non-exhaustive, and many other valid forms will be seen in practice – including forms for more complex types of amendment. All should be regarded as acceptable, so long as the intended effect is clear.
Curious readers may be interested in the Office of Parliamentary Counsel's *Amending Forms Manual*, which provides clear examples of wording amendments (in the ‘amended as follows’ form) for a variety of situations, including complex ones.\ [#fn13]_
Unacceptable amendments
^^^^^^^^^^^^^^^^^^^^^^^
Like motions, there are a number of rules that amendments must comply with:
.. index:: direct negative, amendment; direct negative
* An amendment must not be a *direct negative* of the principal motion.\ [#fn61]_ A direct negative amendment is one that simply inverts the effect of the motion, so that a ‘Yes’ vote would become a ‘No’ and vice versa. For example, in the motion ‘*That Charlie be appointed Secretary*’, to insert ‘*not*’ before ‘*be*’.
However, an amendment can still invert the effect of a motion, if it also adds a reason for doing so – called a *reasoned amendment*. For example, in the motion ‘*That Charlie be appointed Secretary*’, to omit all words after ‘*That*’ and substitute ‘*the position of Secretary remain vacant, as a regular election is already scheduled for 1 month's time*’.
* An amendment must be germane to the subject of the motion.\ [#fn61]_
* An amendment must not raise a point already disposed of by a previous vote of the meeting (the :ref:`same question rule <same-question-rule>`).\ [#fn61]_ It follows that an amendment may not propose to remove words inserted by a previous successful amendment, nor propose to insert words previously removed.
Some authorities provide that amendments must be moved in the order they affect the motion, i.e. no amendment may be moved to part of a motion preceding a part previously proposed to be amended.\ [#fn79]_ The author feels this approach to be unnecessarily restrictive, but if it is to be followed, it would be prudent, when an amendment is moved, for the Chair to ask if anyone wishes to propose an amendment to an earlier part of the motion, which would then be considered first.
Additionally, some authorities provide that an amendment may not be itself amended (a *second-degree amendment*), and that alternative amendments should instead be :ref:`foreshadowed <foreshadowing-amendments>`.\ [#fn62]_ This has the advantage of avoiding the potentially confusing conceptual complexity of ‘amending an amendment’, but the author believes that a strict prohibition is too strong. The author recommends that the body's standing orders specify that the Chair *may* decline to accept a second-degree amendment at their discretion, and that an amendment to a second-degree amendment is out of order.
Moving and proceeding with amendments
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
During debate on the principal motion, while no other member is speaking, a member may move an amendment in the same way as described in :ref:`‘Moving a motion’ <moving-motion>`, by obtaining the call and saying ‘*I move*’ followed by the text of the amendment as described above; for example, ‘*I move that the words “…” be omitted*’.
In the same way as a substantive motion, the mover of the amendment may then speak in favour, then a seconder sought to second and (if desired) speak on the amendment.
Since, in order to move or second the amendment, a member will need to obtain the call during the debate on the principal motion, a member (at a large meeting) who has already spoken on the principal motion may not move or second an amendment.\ [#fn57]_ Neither the mover nor seconder of the principal motion may move or second an amendment.\ [#fn58]_ Some authorities extend this to require that no one may move or second more than one amendment (or other subsidiary motion) to the principal motion.\ [#fn59]_
Once moved and (if necessary) seconded, the Chair formally proposes the question on the amendment to the meeting, by saying ‘*The question is that*’ (followed by the rest of the amendment), or ‘*The question is that the amendment be agreed to*’.
The amendment is then opened to debate by the meeting. The debate, now, is no longer on the principal motion, but is instead on the amendment. As this is a different question, members may speak again on the amendment, even if they have spoken previously in the debate on the principal motion.\ [#fn58]_ The debate, however, must be confined to the appropriateness of the amendment, not to any other aspect of the principal motion.
.. _foreshadowing-amendments:
Similarly, as the debate is now on the amendment itself, other different amendments to the principal motion may not be moved at this time. However, a member may :ref:`foreshadow <foreshadowing>` another amendment; for example, an alternative amendment in the event that the present amendment is defeated.\ [#fn64]_
Debate proceeds as described in :ref:`‘Moving a motion’ <moving-motion>`, with a few exceptions: The mover of an amendment has no right of reply.\ [#fn58]_ Some authorities also maintain that the seconder of an amendment has no right to reserve their speech.\ [#fn60]_
Once the debate is concluded, the Chair will put the question on the amendment – the form of doing so varies according to practice, and is described in the next 2 sections.
Traditional form of putting amendments
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
Traditionally, the form of putting the question on an amendment varies depending on the type of amendment.
For an amendment to insert (or add) words, the Chair announces ‘*The question is that the words proposed be inserted*’ (or ‘*added*’).\ [#fn32]_ A vote in favour of the question, naturally, is a vote in favour of the amendment.
However, for an amendment to omit words, the Chair announces ‘*The question is that the words proposed to be omitted stand part of the question*’.\ [#fn32]_ In order to vote in favour of the amendment, one must then vote *against* the question proposed by the Chair.\ [#fn33]_
For an amendment to omit words and substitute others, the question is put in 2 stages. The Chair first announces ‘*The question is that the words proposed to be omitted stand part of the question*’. Then, if and only if that question is negatived, the Chair announces ‘The question is that the words proposed be inserted’.\ [#fn32]_ In order to vote in favour of the amendment, one must then vote against the first question, and in favour of the second.
In the author's opinion, the traditional method is needlessly confusing. The UK House of Commons rid itself of this procedure in 1967,\ [#fn34]_ and since its adoption by the Australian House of Representatives in 2011, the following simpler form has also become standard.\ [#fn32]_
Simpler form of putting amendments
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
The simpler form of putting the question on an amendment is the same for all amendments: the Chair announces ‘*The question is that the amendment be agreed to*’. A vote in favour of the question is a vote in favour of the amendment, and a vote against is analogous. The ‘2 stage’ process for an amendment to omit words and substitute others is not used.
The author recommends that the body's standing orders specify that all amendments be put in this form.
Effect of amendment
^^^^^^^^^^^^^^^^^^^
If the amendment is lost, debate is resumed on the principal motion without any changes being made to its wording. Provided no other amendments are made, the question would eventually be put ‘*That the motion be agreed to*’.
If the amendment is carried, the wording of the principal motion is altered accordingly, and debate is resumed on the principal motion as amended. The question would eventually be put ‘*That the motion, as amended, be agreed to*’.
The rule (in large meetings) continues to apply that a member (except the mover), who has already spoken in the debate on the principal motion, may not speak again – even if the first speech was before the amendment was moved.
Points of order, etc.
---------------------
.. index:: point; of order
.. _point-of-order:
Points of order
^^^^^^^^^^^^^^^
In this chapter, we have introduced a great many rules of meeting procedure. In :ref:`‘Role of the Chair’ <role-of-chair>`, we noted that the Chair has the responsibility for maintaining order and upholding these procedures, and in :ref:`‘Obtaining the call’ <obtaining-the-call>`, we noted that the Chair may interrupt a member to draw attention to an irregularity.
Clearly, it would be untenable to expect the Chair to notice every potential irregularity, and so other members of the meeting are permitted to assist the Chair in drawing attention to potential irregularities by raising *points of order*.
A member who wishes to raise a point of order should stand, or raise their hand, as described at :ref:`‘Obtaining the call’ <obtaining-the-call>`, and announce ‘Chair, I rise to a point of order’, ‘On a point of order’ or simply ‘Point of order’. A point of order should be raised as soon as the perceived irregularity is observed,\ [#fn68]_ and so may interrupt another member while they have the call.
The speaker should then stop speaking and (if standing) resume their seat.\ [#fn66]_
The interrupter should then briefly state the point of order. It is most polite for the point of order to be phrased as a question; for example, ‘*Is it in order to … ?*’.\ [#fn67]_ The interrupter should then (if standing) resume their seat.\ [#fn66]_
The point of order may be debated,\ [#fn69]_ but it would be advisable to avoid extended discussion.
The Chair will then make a decision, either upholding the point of order (traditionally by stating ‘*The point is well taken*’) or dismissing the point of order (traditionally by stating ‘*The point is not well taken*’ or ‘*There is no point of order*’). The meeting then continues in accordance with the ruling.
If a member disagrees with the Chair's ruling, they may move :ref:`‘*That the ruling of the Chair be dissented from*’ <dissent>`.
Other points
^^^^^^^^^^^^
Some authorities also recognise other types of ‘points’ which may be raised. These include:
* *points of explanation*: raised by a member (including to interrupt another who has the call) whose words have been misrepresented or misinterpreted, to give a brief explanation (compare the :ref:`exceptions to the one-speech-per-debate rule <exceptions-one-speech>` in :ref:`‘Debate’ <debate>`)\ [#fn71]_
..
* *points of information*: raised by a member to ask something about procedure or the subject under discussion\ [#fn72]_
.. rubric:: Footnotes
.. [#fn6] Some authorities reserve the term *substantive motion* only for motions after they have been amended. :ref:`Renton 2005 <renton>`, ¶4.3; :ref:`Citrine 1982 <citrine>`, p. 38; :ref:`Lang 2015 <renton>`, ¶10.24; :ref:`Puregger 1998 <puregger>`, p. 38
.. [#fn1] In North America, *Robert's Rules* calls these *original main motions*. :ref:`Robert et al. 2020 <ronr>`, ¶6:2
.. [#fn36] :ref:`Natzler et al. 2019 <may>`, ¶20.2
.. [#fn7] Even more traditionally, motions begin with the longer phrase ‘Be it resolved that’.
.. [#fn5] :ref:`Lang 2015 <horsley>`, ¶10.5
.. [#fn18] :ref:`Citrine 1982 <citrine>`, p. 17
.. [#fn15] :ref:`Lang 2015 <horsley>`, ¶10.28
.. [#fn8] :ref:`Renton 2005 <renton>`, ¶4.8
.. [#fn9] When using the longer ‘Be it resolved that’ form, the motion also may be preceded by a more formal preamble beginning with ‘Whereas’. For example, ‘Whereas the rules require a Secretary to be appointed and Charlie is the only nominee, be it resolved that Charlie be appointed Secretary’.
.. [#fn14] Though still proscribed by many as informal, beginning motions with words other than ‘That’ has been around since at least 1982. :ref:`Citrine 1982 <citrine>`, p. 16
.. [#fn35] This form is common in meetings outside the English-speaking world; for example, in the United Nations, or the Chinese National People's Congress.
.. [#fn10] :ref:`Lang 2015 <horsley>`, ¶10.6
.. [#fn65] :ref:`Lang 2015 <horsley>`, ¶9.1
.. [#fn2] ‘Move’, in this sentence, has the meaning ‘propose’, so if it helps in understanding the grammar, think instead ‘I propose that the expenditure be approved’. This also explains the use of the subjunctive mood: one would not typically say ‘I propose that the expenditure *is* approved’.
.. [#fn48] :ref:`Renton 2005 <renton>`, ¶4.17
.. [#fn37] :ref:`Lang 2015 <horsley>`, ¶10.12; *Re Horbury Bridge Coal, Iron & Waggon Co* (1879) 11 Ch D 109, 117–18; *National Australia Bank Ltd v Market Holdings Pty Ltd (in liq)* (2001) 161 FLR 1
.. [#fn39] Some rules even require a motion to be seconded before the *mover* can speak in favour of it. The author, as well as :ref:`Lang (2015) <horsley>`, ¶10.12, and :ref:`Puregger (1998) <puregger>`, p. 40, believe this to be an undesirable practice ­– how can one know whether to seconding a motion before the mover has a chance to explain it?
.. [#fn49] :ref:`Lang 2015 <horsley>`, ¶10.14; :ref:`Renton 2005 <renton>`, ¶4.22
.. [#fn38] :ref:`Lang 2015 <horsley>`, ¶10.12
.. [#fn73] :ref:`Puregger 1998 <puregger>`, p. 40; :ref:`Renton 2005 <renton>`, ¶4.23
.. [#fn50] :ref:`Lang 2015 <horsley>`, ¶10.10; *Re Horbury Bridge Coal, Iron and Waggon Co* (1879) 11 Ch D 109
.. [#fn51] :ref:`Lang 2015 <horsley>`, ¶6.16; *National Australia Bank Ltd v Market Holdings Pty Ltd (in liq)* (2001) 161 FLR 1
.. [#fn74] :ref:`Lang 2015 <horsley>`, ¶10.15; :ref:`Puregger 1998 <puregger>`, p. 42; :ref:`Renton 2005 <renton>`, ¶¶4.31, 4.33
.. [#fn44] :ref:`Lang 2015 <horsley>`, ¶10.14; :ref:`Puregger 1998 <puregger>`, p. 41
.. [#fn40] This differs from the practice in North America under *Robert's Rules*, where each member may speak twice (provided that no member may speak a second time before all who wish to have spoken a first time) and there is no right of reply. :ref:`Robert et al. 2020 <ronr>`, ¶4:28
.. [#fn63] :ref:`Renton 2005 <renton>`, ¶4.46
.. [#fn41] :ref:`Lang 2015 <horsley>`, ¶7.7
.. [#fn46] :ref:`Renton 2005 <renton>`, ¶4.35
.. [#fn42] :ref:`Magner 2012 <joske>`, ¶7.10
.. [#fn47] :ref:`Renton 2005 <joske>`, ¶4.34
.. [#fn43] :ref:`Lang 2015 <horsley>`, ¶7.10; *Toohey v Melville* (1892) 13 LR (NSW) 132
.. [#fn45] :ref:`Lang 2015 <horsley>`, ¶10.26; :ref:`Renton 2005 <renton>`, ¶4.25; :ref:`Citrine 1982 <citrine>`; pp. 28–29
.. [#fn76] :ref:`Puregger 1998 <puregger>`, p. 57
.. [#fn77] :ref:`Puregger 1998 <puregger>`, p. 57; :ref:`Renton 2005 <renton>`, ¶4.25
.. [#fn52] :ref:`Lang 2015 <horsley>`, ¶10.26
.. [#fn70] Some authorities that suggest the right of reply may only be exercised before the first amendment is voted go on to explain that the right is forfeit if not then exercised as, if the amendment is agreed to, it is no longer the mover's original motion. :ref:`Citrine 1982 <citrine>`, p. 95
.. [#fn75] :ref:`Puregger 1998 <puregger>`, p. 53
.. [#fn53] :ref:`Lang 2015 <horsley>`, ¶14.12; *R v Rector of Birmingham* (1837) 1 A&E 254
.. [#fn55] :ref:`Renton 2005 <renton>`, ¶8.2
.. [#fn54] :ref:`Citrine 1982 <citrine>`, p. 53
.. [#fn26] :ref:`Citrine 1982 <citrine>`, p. 62; :ref:`Lang 2015 <horsley>`, ¶14.14; :ref:`Renton 2005 <renton>`, ¶8.16
.. [#fn27] :ref:`Lang 2015 <horsley>`, ¶14.14; *Johnson v Beitseen* (1989) 41 IR 395, 414
.. [#fn25] It is a common misconception that Chairs always have a casting vote. At common law, unless the rules provide otherwise, the Chair of a meeting does not have a casting vote. :ref:`Lang 2015 <horsley>`, ¶14.14; :ref:`Magner 2012 <joske>`, ¶10.25; *Bishop of Chichester v Harward* (1787) 99 ER 1300
.. [#fn29] :ref:`Renton 2005 <renton>`, ¶8.16; :ref:`Lang 2015 <horsley>`, ¶14.14
.. [#fn31] :ref:`Natzler et al. 2019 <may>`, ¶20.90
.. [#fn30] :ref:`Lang 2015 <horsley>`, ¶14.14; *R v Bradford City Metropolitan Council; ex parte Corris* [1990] 2 QB 363, 371
.. [#fn28] :ref:`Renton 2005 <renton>`, ¶8.16
.. [#fn23] :ref:`Citrine 1982 <citrine>`, p. 62
.. [#fn78] :ref:`Puregger 1998 <puregger>`, pp. 42, 67–68
.. [#fn56] :ref:`Lang 2015 <horsley>`, ¶14.5; *Bland v Buchanan* [1901] 2 KB 75
.. [#fn24] *Constitution of Australia*, s. 23
.. [#fn19] :ref:`Citrine 1982 <citrine>`, p. 33
.. [#fn21] A distinction is sometimes made between *inserting* and *adding*, where words are *inserted* into the middle of a passage, but *added* to the end. :ref:`Robert et al. 2020 <ronr>`, ¶12:8
.. [#fn22] In North America, *Robert's Rules* reserves the term *substitute* for units of at least a paragraph. :ref:`Robert et al. 2020 <ronr>`, ¶12:8. In Australia, the term is regularly used for substitutions of any size (including single words).
.. [#fn11] The rationale for leaving the word ‘That’ stems from the view that, if all the words of the motion were omitted, the motion would no longer exist, and it would not be possible to then substitute words into something which does not exist.
.. [#fn12] Note that, in this expression, it is the *new words* which are substituted *for* the *old words*.
.. [#fn13] *Amending forms manual*. 15th ed. Canberra: Office of Parliamentary Counsel; 2019. https://www.opc.gov.au/sites/default/files/s05pu518.v81.pdf
.. [#fn61] :ref:`Lang 2015 <horsley>`, ¶10.18; *Walkley v District Council of Northern Yorke Peninsula* (1987) 27 APA 381
.. [#fn79] :ref:`Renton 2005 <renton>`, ¶5.23, citing ‘Some authorities’; :ref:`Puregger 1998 <puregger>`, pp. 45–46
.. [#fn62] :ref:`Renton 2005 <renton>`, ¶5.40; :ref:`Puregger 1998 <puregger>`, p. 50–51
.. [#fn57] :ref:`Lang 2015 <horsley>`, ¶10.22; :ref:`Puregger 1998 <puregger>`, p. 51
.. [#fn58] :ref:`Lang 2015 <horsley>`, ¶10.22; :ref:`Puregger 1998 <puregger>`, p. 51; :ref:`Renton 2005 <renton>`, ¶5.12
.. [#fn59] :ref:`Lang 2015 <horsley>`, ¶10.22; :ref:`Puregger 1998 <puregger>`, p. 51; :ref:`Renton 2005 <renton>`, ¶5.12, citing ‘Some authorities’
.. [#fn64] :ref:`Renton 2005 <renton>`, ¶5.36
.. [#fn60] :ref:`Lang 2015 <horsley>`, ¶10.22; :ref:`Renton 2005 <renton>`, ¶5.15, citing ‘Some authorities’
.. [#fn32] :ref:`Elder et al. 2018 <horp>`, p. 313
.. [#fn33] This practice is said to have originated when the UK House of Commons had only one division lobby – the Noes would retire to the division lobby, while the Ayes would remain in the chamber. This would allow government MPs to vote against an opposition amendment without needing to leave the chamber, collecting the votes of anyone too lazy to move. In the Australian House of Representatives, it means that government MPs can vote against an opposition amendment without leaving their seats. It also means that, once the question is negatived, no further amendments may be moved to those words. :ref:`Wright et al. 2012 <horp6>`, p. 315
.. [#fn34] :ref:`Natzler et al. 2019 <may>`, ¶20.35
.. [#fn68] :ref:`Lang 2015 <horsley>`, ¶9.3; :ref:`Renton 2012 <renton>`, ¶7.4
.. [#fn66] :ref:`Lang 2015 <horsley>`, ¶9.3
.. [#fn67] :ref:`Citrine 1982 <citrine>`, p. 91; :ref:`Puregger 1998 <puregger>`, p. 54
.. [#fn69] :ref:`Lang 2015 <horsley>`, ¶9.3; :ref:`Renton 2012 <renton>`, ¶7.5
.. [#fn71] :ref:`Citrine 1982 <citrine>`, p. 92; :ref:`Puregger 1998 <puregger>`, p. 54–55
.. [#fn72] :ref:`Citrine 1982 <citrine>`, p. 92

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<date-part name="year"/>
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<text variable="volume"/>
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<text variable="volume"/>
</group>
</if>
</choose>
<text variable="container-title"/>
</group>
</else>
</choose>
</macro>
<macro name="title">
<text variable="title" prefix="*" suffix="*"/>
<choose>
<if type="article-journal article-magazine chapter paper-conference article-newspaper review review-book entry-dictionary entry-encyclopedia" match="none">
<text macro="edition" prefix=". "/>
</if>
</choose>
<choose>
<if type="thesis">
<text variable="genre" prefix=" [" suffix="]"/>
</if>
</choose>
</macro>
<macro name="edition">
<choose>
<if is-numeric="edition">
<group delimiter=" ">
<number variable="edition" form="ordinal"/>
<text term="edition" form="short"/>
</group>
</if>
<else>
<text variable="edition" suffix="."/>
</else>
</choose>
</macro>
<macro name="date">
<choose>
<if type="article-journal article-magazine article-newspaper review review-book" match="any">
<group suffix=";" delimiter=" ">
<date variable="issued" form="text"/>
<text macro="accessed-date"/>
</group>
</if>
<else-if type="bill legislation" match="any">
<group delimiter=", ">
<date variable="issued" delimiter=" ">
<date-part name="month" form="short" strip-periods="true"/>
<date-part name="day"/>
</date>
<date variable="issued">
<date-part name="year"/>
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<else-if type="report">
<date variable="issued" delimiter=" ">
<date-part name="year"/>
<date-part name="month" form="short" strip-periods="true"/>
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<text macro="accessed-date"/>
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<text variable="event-place"/>
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<else-if type="legal_case">
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<else>
<group suffix=".">
<date variable="issued">
<date-part name="year"/>
</date>
<text macro="accessed-date" prefix=" "/>
</group>
</else>
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</macro>
<macro name="pages">
<choose>
<if type="article-journal article-magazine article-newspaper review review-book" match="any">
<text variable="page" prefix=":"/>
</if>
<else-if type="book" match="any">
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<label variable="number-of-pages" form="short" prefix=" " plural="never"/>
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<text variable="page"/>
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<else>
<group prefix=" " delimiter=" ">
<label variable="page" form="short" plural="never"/>
<text variable="page"/>
</group>
</else>
</choose>
</macro>
<macro name="journal-location">
<choose>
<if type="article-journal article-magazine review review-book" match="any">
<text variable="volume"/>
<text variable="issue" prefix="(" suffix=")"/>
</if>
</choose>
</macro>
<macro name="collection-details">
<choose>
<if type="article-journal article-magazine article-newspaper review review-book" match="none">
<choose>
<if variable="collection-title">
<group delimiter=" " prefix="(" suffix=")">
<names variable="collection-editor" suffix=".">
<name sort-separator=" " initialize-with="" name-as-sort-order="all" delimiter=", " delimiter-precedes-last="always"/>
<label form="long" prefix=", "/>
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<text variable="collection-title"/>
<group delimiter=" ">
<label variable="volume" form="short"/>
<text variable="volume"/>
</group>
</group>
</group>
</if>
</choose>
</if>
</choose>
</macro>
<macro name="report-details">
<choose>
<if type="report">
<text variable="number" prefix="Report No.: "/>
</if>
</choose>
</macro>
<citation collapse="citation-number">
<sort>
<key variable="citation-number"/>
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<layout prefix="(" suffix=")" delimiter=",">
<text variable="citation-number"/>
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<layout>
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<text macro="author"/>
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<text macro="date"/>
<text macro="journal-location"/>
<text macro="pages"/>
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<text macro="access"/>
</layout>
</bibliography>
</style>

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Voting and elections
====================
In this chapter, we cover a number of topics relating to voting.
.. index:: vote; by proxy, proxy; voting
.. _proxy-voting:
Proxy voting
------------
A *proxy* is a person authorised to vote on behalf of another person (the *principal*) at a meeting.
Voting by proxy is only permitted if the rules of the body allow it. In such a case, the rules will generally specify how proxies must be appointed.\ [#fn2]_
If the principal provides instructions on how to vote, the proxy must be cast in accordance with those instructions.\ [#fn19]_
If a principal has appointed a proxy, that does not prevent the principal attending the meeting and voting personally instead of by proxy.\ [#fn18]_
Methods of voting
-----------------
.. index:: ! vote; by show of hands, ! show of hands
Show of hands
^^^^^^^^^^^^^
As described in :ref:`‘Voting on motions’ <voting-on-motions>`, the common law method of voting at meetings is by show of hands. See that previous section for a description of the general process.
When voting by show of hands, each person personally present and entitled to vote has one, and only one, vote.\ [#fn1]_
In other words, if proxy voting is permitted, proxies are not counted in a show of hands, unless the rules otherwise provide. Even if the rules do so provide, each member who holds proxies will have only one vote, regardless of how many proxies they hold.\ [#fn1]_
In Parliament, it is required that, on a division (poll, etc.) members must vote the same way as they did in a show of hands. In meetings generally, unless the rules specifically require it, there is no such requirement.
.. index:: vote; on the voices, vote; viva voce, voice vote
Voice vote
^^^^^^^^^^
In Parliament, and in some organisations, voting is performed ‘on the voices’ (‘*viva voce*’).
In a voice vote, the Chair directs those in favour of the question to say ‘Aye’, then those against to say ‘No’.\ [#fn3]_:superscript:`,`\ [#fn4]_ The Chair then announces the result according to which side they believe had greater numbers.
.. index:: vote; by division, vote; by roll call, division, roll call
Division, roll call, etc.
^^^^^^^^^^^^^^^^^^^^^^^^^
This section describes voting methods which allow the names of voters to be recorded alongside their vote.
If the meeting is small, this could be accomplished on a show of hands, with members keeping their hands raised long enough for votes to be counted and names to be noted.\ [#fn5]_
.. index:: vote; by division, division
In a *division*, members physically move and separate according to their voting intentions. For example, the Chair may direct that ‘*the Ayes will pass to the right of the chair and the Noes to the left*’. The numbers on each side may then be counted, and the names recorded.\ [#fn5]_ This is the method used in Parliament when the result of a voice vote is unclear or contested.
.. index:: vote; by roll call, roll call
In a *roll call*, the name of every member is read out, one by one, by the Chair or Secretary, and that member says ‘Yes’ (or ‘Aye’), ‘No’ or ‘Abstain’ (or ‘Present’). The numbers and names are thereby recorded.\ [#fn6]_
As these methods allow for the names of members to be recorded along with their votes, it does not allow for a secret ballot. They may therefore be appropriate for a representative body (whose members are accountable to their constituents), but would generally be inappropriate for most other bodies.
.. index:: vote; by poll, poll
.. _poll:
Poll
^^^^
The 2 characteristics of a *poll* are that:
* votes are cast in writing, and
* votes may be cast:
* in proportion to varying voting power, or
* on behalf of absent members by proxy, or
* by absent members presenting later where the poll is to be held at a later date\ [#fn7]_
At common law, unless the rules provide otherwise, immediately once the Chair declares the result of a show of hands, or before the show of hands is taken, any member may demand that a poll be taken.\ [#fn12]_
Once a demand is validly made, the result of the show of hands is set aside and is no longer of any effect.\ [#fn13]_
If a poll is demanded on the election of Chair or on a motion for adjournment, the poll must be taken immediately.\ [#fn16]_ Otherwise, unless the rules provide otherwise, a poll may be conducted immediately, later during that meeting, or on a later date, at the direction of the Chair,\ [#fn14]_ and the Chair may adjourn the meeting for the purpose of taking the poll.\ [#fn15]_
Unless the rules otherwise provide, the poll may be taken in any written form decided by the Chair. This may be using individual voting papers, or ticks and crosses on a voting list, or some other method.\ [#fn17]_ In this way, a poll is different to a :ref:`secret ballot <secret-ballot>`.\ [#fn7]_
.. index:: vote; by secret ballot, secret ballot, ballot
.. _secret-ballot:
Secret ballot
^^^^^^^^^^^^^
A *secret ballot* is similar to a poll in that votes are cast in writing, but with the additional requirement that voting papers issued, and the method of voting, do not reveal the identity of voters.\ [#fn8]_ Secret ballots are typically called for by the rules in connection with the election of offices.
.. index:: vote; by acclamation, acclamation
Acclamation
^^^^^^^^^^^
Votes of thanks, appreciation, congratulation, and others which are typically carried unanimously, are often carried by *acclamation* (applause). When the question is put, the Chair invites those present to show their appreciation by applause. The minutes record that the motion was ‘carried by acclamation’.\ [#fn9]_
.. index:: vote; by silence
Silence
^^^^^^^
Motions of condolence are usually carried in silence, with members standing in their places.\ [#fn10]_
Unanimous results, etc.
-----------------------
.. index:: unanimous, vote; unanimous, motion; carried unanimously
The term ‘unanimous’ (as in, ‘carried unanimously’) strictly means that every person present and entitled to vote voted in favour, i.e. there were no abstentions or votes against.\ [#fn11]_
.. index:: nem con, nem dis, motion; carried nem con/nem dis, motion; carried without dissent
In contrast, the terms ‘carried without dissent’, ‘carried *nem con*’ (*nemine contradicente*, ‘no one saying otherwise’) and ‘carried *nem dis*’ (*nemine dissentiente*, ‘no one dissenting’) are appropriate when no votes were cast against, even though some may have abstained.\ [#fn11]_
.. comment TODO Elections
.. rubric:: Footnotes
.. [#fn2] :ref:`Lang 2015 <horsley>`, ¶14.13
.. [#fn19] :ref:`Lang 2015 <horsley>`, ¶16.10
.. [#fn18] :ref:`Lang 2015 <horsley>`, ¶16.8
.. [#fn1] :ref:`Lang 2015 <horsley>`, ¶14.12
.. [#fn3] :ref:`Lang 2015 <horsley>`, ¶14.4; :ref:`Renton 2005 <renton>`, ¶8.2
.. [#fn4] The correct terms on a voice vote are ‘Aye’ and ‘No’. In North America, during a roll call, the terms ‘Yea’ and ‘Nay’ are sometimes used. :ref:`Robert et al. 2020 <ronr>`, ¶45:47. The combination of ‘Aye’ with ‘Nay’ is not attested to anywhere internationally.
.. [#fn5] :ref:`Renton 2005 <renton>`, ¶8.8
.. [#fn6] :ref:`Robert et al. 2020 <ronr>`, ¶45:47–54. This procedure is not attested to in any Australian authority (but has been experienced by the author), and is presented here for completeness.
.. [#fn7] :ref:`Lang 2015 <horsley>`, ¶14.6
.. [#fn12] :ref:`Lang 2015 <horsley>`, ¶15.3; *Holmes v Keyes* [1958] Ch 570
.. [#fn13] :ref:`Lang 2015 <horsley>`, ¶15.3; *Anthony v Seger* (1789) 1 Hag Con 13
.. [#fn16] :ref:`Lang 2015 <horsley>`, ¶15.6
.. [#fn14] :ref:`Lang 2015 <horsley>`, ¶15.6; *R v D'Oyley* (1840) 113 ER 763
.. [#fn15] :ref:`Lang 2015 <horsley>`, ¶15.6; *R v Archdeacon of Chester* (1834) 1 A&E 342
.. [#fn17] :ref:`Lang 2015 <horsley>`, ¶15.9
.. [#fn8] :ref:`Lang 2015 <horsley>`, ¶14.7
.. [#fn9] :ref:`Lang 2015 <horsley>`, ¶¶14.8–9; :ref:`Renton 2005 <renton>`, ¶8.13
.. [#fn10] :ref:`Renton 2005 <renton>`
.. [#fn11] :ref:`Lang 2015 <horsley>`, ¶11.7