PALMERSTON (PROCEDURES FOR MEETINGS) BY-LAWS 2003 (Northern Territory)

These By-laws set detailed procedural rules for meetings of the Palmerston City Council, its standing committees and any other council committee to which the council resolves the By-laws will apply. The instrument governs notice and timing of ordinary meetings (by-law 4), quorum and adjournment procedures (by-law 5), the content and circulation of the business paper (by-law 8), minute‑keeping and confirmation of minutes (by-law 6), the order of business (by-law 7), and the mechanics of motions, amendments and formal motions (by-laws 14-16). It prescribes how questions and petitions are handled (by-laws 11 and 12), the procedure for deputations (by-law 13), speaking rights and time limits (by-laws 17, 21-24), points of order and the chairman’s ruling (by-law 25), voting, divisions and recording the names of voters (by-law 18), and the process for adjourning and resuming business (by-law 19).

For committees the By-laws set rules for calling meetings, notice periods, limits on meeting days (no Sunday or public holiday for committee meetings in by-law 30(4)), appointment and absence of chairmen (by-laws 31-32), access to committee meetings by the public (by-law 33), the creation and remit of subcommittees (by-law 34), and the scope for committees to determine their own procedures except where the By-laws prescribe otherwise (by-law 36). The By-laws also repeal an earlier Palmerston instrument (by-law 37).

The By-laws impose limited criminal or regulatory consequences for specified misconduct at meetings: offences carrying penalty units and classification as regulatory offences are set out for appendage of names to petitions (by-law 12(4)), disorderly conduct by non‑members (by-law 27), refusal to leave or entering while suspended (by-law 26(6)), and failure to leave when interrupting a meeting (by-law 28(1)). The clerk has multiple administrative duties, including preparing and publishing the business paper (by-law 8), giving notice of adjourned meetings (by-law 5(5)), recording minutes and adjournment reasons (by-law 6(1)-(3), by-law 5(4)), and providing notice of committee meetings (by-law 30).

NORTHERN TERRITORY OF AUSTRALIA PALMERSTON (PROCEDURES FOR MEETINGS) BY-LAWS 2003 As in force at 1 July 2008 Table of provisions Part 1 Preliminary 1 Citation ............................................................................................ 1 2 Application ....................................................................................... 1 3 Interpretation ................................................................................... 1 Part 2 Meetings of council and committees 4 Ordinary meetings of the council ..................................................... 2 5 Commencement of meetings and quorums ..................................... 3 6 Minutes ............................................................................................ 3 7 Order of business ............................................................................ 4 8 Business paper ................................................................................ 4 9 Chairman's report ............................................................................ 5 10 Reports of delegates ....................................................................... 5 11 Questions ........................................................................................ 5 12 Petitions ........................................................................................... 6 13 Deputations ..................................................................................... 6 14 Motions ............................................................................................ 7 15 Amendments to motions .................................................................. 9 16 Withdrawal of motion or amendment ............................................. 10 17 Address by members ..................................................................... 10 18 Voting ............................................................................................ 10 19 Adjourned business ....................................................................... 11 20 Chairman to take precedence........................................................ 12 21 Mode of addressing members and officers .................................... 12 22 Priority of speaking ........................................................................ 12 23 Members to stand when speaking ................................................. 12 24 Imputation ...................................................................................... 12 25 Points of order ............................................................................... 12 26 Interruption of meeting by members .............................................. 13 27 Interruption of meetings by others ................................................. 14 28 Removal of persons from meetings ............................................... 14 29 Public participation at meetings ..................................................... 14 Part 3 Other procedures for committee meetings 30 Calling committee meetings........................................................... 14 31 Chairman of standing committee ................................................... 15 32 Chairing meetings .......................................................................... 15 33 Committee meetings open except as prescribed ........................... 15

Palmerston (Procedures for Meetings) By-laws 2003 ii 34 Standing committees may appoint subcommittees........................ 15 35 Reports to council by committees .................................................. 16 36 Power to determine procedures..................................................... 16 Part 4 Repeal 37 Repeal ........................................................................................... 16 ENDNOTES

NORTHERN TERRITORY OF AUSTRALIA

As in force at 1 July 2008

PALMERSTON (PROCEDURES FOR MEETINGS) BY-LAWS 2003 By-laws under the Local Government Act 2008 Part 1 Preliminary 1 Citation These By-laws may be cited as the Palmerston (Procedures for Meetings) By-laws 2003. 2 Application These By-laws apply in relation to: (a) meetings of the council; (b) meetings of a standing committee of the council; and (c) meetings of any other committee of the council if the council has determined by resolution that these By-laws apply to that committee. 3 Interpretation (1) In these By-laws, unless the contrary intention appears: clear days has the meaning in clause (2). chairman means: (a) the mayor or other presiding member of the council; or (b) the chairman of a committee and includes another member of a committee when that member is presiding at a meeting of the committee, (as the case may be). committee means: (a) a standing committee of the council; or

Part 2 Meetings of council and committees Palmerston (Procedures for Meetings) By-laws 2003 2 (b) a committee of the council referred to in by-law 2(c). deputation means a person or group of persons who wish to appear personally before the council in order to address the council on a particular matter. formal motion means a motion: (a) that the meeting proceed to the next business; (b) that the question be put; (c) that the question lie on the table; (d) that the question be adjourned; or (e) that the meeting be adjourned. meeting means a meeting of the council or a committee (as the case may be). member means a member of the council or a committee (as the case may be). ordinary meeting means an ordinary meeting of the council or a committee (as the case may be). point of order means a point made to draw attention to an alleged breach of the Act or these By-laws in relation to the proceedings of a meeting. written notice includes notice in a manner or form determined by the council. (2) In calculating the number of clear days before the date of a meeting referred to in by-law 11(2), 13 (1) or 14 (2): (a) the day on which a notice is given or an application is made, and the day on which the meeting occurs, are not to be taken into account; and (b) Saturdays, Sundays and public holidays are to be taken into account. Part 2 Meetings of council and committees 4 Ordinary meetings of the council An ordinary meeting of the council must be held on the day and at the time in each month as the council determines by resolution.

Part 2 Meetings of council and committees Palmerston (Procedures for Meetings) By-laws 2003 3 5 Commencement of meetings and quorums (1) A meeting must commence as soon after the time specified in the notice of meeting as a quorum is present. (2) If the number of apologies received by the clerk indicates that a quorum will not be present at a meeting, the clerk may adjourn the meeting to a specified day and time. (3) If 30 minutes after the time specified in the notice of meeting as the time of commencement a quorum is not present, the chairman or, in the chairman's absence, the clerk must adjourn the meeting to a specified day and time. (4) If a meeting is adjourned for the want of a quorum, the clerk must record in the minute book: (a) the reason for the adjournment; (b) the names of the members present (if any); and (c) the date and time to which the meeting is adjourned. (5) If a meeting is adjourned to another day, the clerk must: (a) give notice of the adjourned meeting to each member setting out the date, time and place of the meeting; and (b) give notice of the adjourned meeting to the public by displaying a notice setting out the date, time and place of the meeting at the council office. 6 Minutes (1) The minutes of the proceedings at a meeting must be submitted for confirmation at the next ordinary meeting. (2) No discussion on the minutes may occur before the confirmation except as to the accuracy of the minutes as a record of proceedings. (3) On the confirmation of the minutes, the chairman must: (a) initial each page of the minutes, which pages are to be consecutively numbered; and (b) place his or her signature and the date of confirmation at the foot of the last page of the minutes.

Part 2 Meetings of council and committees Palmerston (Procedures for Meetings) By-laws 2003 4 7 Order of business (1) Subject to these By-laws, the order of business at an ordinary meeting must be as the council or the committee (as the case may be) determines by resolution. (2) Despite a determination under clause (1), the order of business at an ordinary meeting may be altered for a particular meeting if the members at that meeting pass a motion to that effect. (3) A motion under clause (2) may be moved without notice. 8 Business paper (1) The clerk must, as soon as practicable before an ordinary meeting or within such other time as the council or the committee (as the case may be) determines by resolution, prepare a business paper for the meeting. (2) Copies of the business paper must be made available to the public, at the council office and at the other places the council or the committee (as the case may be) determines by resolution, as soon as practicable before the meeting. (3) The business paper prepared under clause (1) may contain any of the following: (a) matters of which notice has been given in accordance with these By-laws; (b) questions of which notice has been given in accordance with these By-laws; (c) matters referred to the council by a committee or matters referred to the committee by a subcommittee (as the case may be); (d) officers' reports referred to the meeting by the clerk; (e) any other business the council or the committee (as the case may be) determines by resolution is to be contained in the business paper. (4) Subject to these By-laws, the council or the committee (as the case may be) may set by resolution a time prior to which items for inclusion in the business paper must be received by the clerk.

Part 2 Meetings of council and committees Palmerston (Procedures for Meetings) By-laws 2003 5 9 Chairman's report After the confirmation of the minutes under by-law 6, the chairman may make any report to the meeting that he or she believes is necessary or expedient to make at the meeting. 10 Reports of delegates At a meeting of the council, following the report (if any) of the chairman under by-law 9, any member who is a delegate or representative of the council in any other organisation may make a report to the council on any matter affecting that organisation that he or she considers should be brought to the attention of the meeting. 11 Questions (1) Subject to this by-law, a member at a meeting may ask a question for reply by another member or the clerk. (2) A member may ask a question on notice by giving the clerk written notice of the question at least 5 clear days before the date of the meeting at which the question is to be asked. (3) If notice of a question is given under clause (2): (a) the clerk must ensure that the question is placed on the business paper for the meeting at which the question is to be asked; and (b) the question and the reply must be entered in the minutes of the meeting at which the reply is given. (4) A member may ask a question without notice at a meeting. (5) The chairman may allow the reply to a question without notice to be given at the next meeting. (6) A question without notice and the reply may be entered in the minutes of the meeting at which the reply is given but only if the members present at that meeting resolve that the question and the reply should be entered in those minutes. (7) The chairman may rule that a question with or without notice is not required to be answered if the chairman considers that the question is vague, irrelevant, insulting or improper. (8) A question must be asked categorically and without argument and no discussion may occur at the meeting in relation to a reply by the member or clerk or a refusal of a member to reply to the question.

Part 2 Meetings of council and committees Palmerston (Procedures for Meetings) By-laws 2003 6 (9) A member who asks a question is taken as not having spoken to the debate on the motion to which the question relates. 12 Petitions (1) A petition to the council must: (a) be legibly written or typed or printed; (b) be addressed to the council; (c) clearly set out the request or submission of the petitioners; and (d) restate the whole of the petition on each page of the petition. (2) If a page of a petition does not comply with clause (1)(d), the signatures on the page are not to be taken into account by the council when considering the petition. (3) When a petition is presented to a meeting of the council, a member of the public who is associated with the petition and is present at the meeting may stand and, if recognised by the chairman, may make a brief statement regarding the petition. (4) A person must not append to a petition: (a) a signature purporting to be that of another person; or (b) the name of another person. Penalty: 5 penalty units. (5) An offence against clause (4) is a regulatory offence. 13 Deputations (1) A deputation wishing to attend and be heard at a meeting of the council or a standing committee must, not less than 7 clear days before the date of the meeting, apply in writing to the clerk. (2) The application must state why the deputation wishes to attend and be heard. (3) On receiving an application under clause (1), the clerk must notify the mayor of the application and the mayor must determine whether the deputation may be heard and notify the clerk accordingly. (4) If the clerk is notified by the mayor under clause (3), the clerk must: (a) inform the deputation of the mayor's determination; and

Part 2 Meetings of council and committees Palmerston (Procedures for Meetings) By-laws 2003 7 (b) where the mayor has determined to hear the deputation, arrange a convenient time for the deputation to be heard at a meeting of the council. (5) Only 2 persons in a deputation may address a meeting of the council or a standing committee unless the members at the meeting determine otherwise by resolution. (6) A person in a deputation who is addressing a meeting of the council or a standing committee must be temperate in speech and manner and must not use insulting or offensive language. (7) The chairman may terminate an address by a person in a deputation if: (a) the chairman is satisfied that the purpose of the deputation has been sufficiently explained to the members at the meeting; or (b) the person is intemperate in speech or manner or uses insulting or offensive language. 14 Motions (1) A member may bring forward any business in the form of a written notice of motion. (2) The notice of motion must be given to the clerk at least 5 clear days before the date of the meeting at which the motion is to be moved. (3) A motion the effect of which would, if carried, be to revoke or amend a resolution passed since the last general election of the council must be brought by written notice of motion. (4) If a motion under clause (3) is lost, a motion to the same effect cannot be brought: (a) until after the expiry of 3 months; or (b) until after the next general election, whichever is the sooner. (5) If a member who has given notice of a motion under clause (1) is absent from the meeting at which the motion is to be considered, the motion may be: (a) moved by another member at the meeting; or (b) deferred to the next ordinary meeting.

Part 2 Meetings of council and committees Palmerston (Procedures for Meetings) By-laws 2003 8 (6) Subject to the Act and these By-laws, a member may also bring forward any business by way of a motion without notice. (7) A member proposing a motion without notice must put it in writing if required to do so by the chairman. (8) The chairman must not accept a motion without notice if the effect of the motion would, if carried, be to incur expenditure in excess of $1 000 unless: (a) the motion relates to the subject matter of a committee's or subcommittee's recommendation (as the case may be), or an officer's report, that is listed for consideration on the business paper; or (b) the matter is urgent. (9) The chairman may refuse to accept a motion or amendment if, in his or her opinion, the subject matter is beyond the power of the council or the committee (as the case may be). (10) A motion lapses if it is not seconded at the appropriate time. (11) A member may only speak once to a motion and once to an amendment except: (a) to provide an explanation in regard to a material part of his or her speech but not so as to introduce any new matter; (b) with leave of the meeting; or (c) as the mover in reply. (12) A member who has not spoken in the debate on a motion or an amendment may move a formal motion. (13) A formal motion must be in the form, and has the effect, set out in clause (15). (14) A formal motion in any other form, or having any other effect, must not be recognised. (15) The effect of a formal motion is (if successful) that: (a) if the motion is that the meeting proceed to the next business: (i) if the debate is on an amendment – the amendment lapses and the meeting proceeds with the consideration of the motion before the meeting without further reference to the amendment; or

Part 2 Meetings of council and committees Palmerston (Procedures for Meetings) By-laws 2003 9 (ii) if the debate is on a motion – the motion lapses and the meeting proceeds to the next item of business; (b) if the motion is that the question be put – debate is terminated and the question put to the vote by the chairman without further debate; (c) if the motion is that the question lie on the table – the meeting immediately moves to the next item of business and the question can only be retrieved at a later time by resolution and, if retrieved, debate is resumed at the point of interruption; (d) if the motion is that the question be adjourned – the question is disposed of for the time being but debate can be resumed at the later time at the point of interruption; or (e) if the motion is that the meeting be adjourned – the meeting is brought to an end immediately without the consideration of further business. (16) If seconded, a formal motion takes precedence and must be put by the chairman without discussion unless the motion is for an adjournment, in which case discussion may occur but only on the details for resumption. (17) A formal motion does not constitute an amendment to a substantive motion. (18) If a formal motion is lost: (a) the meeting must be resumed at the point of interruption; and (b) if the formal motion was put during (not at the end of) debate on a question, a motion to the same effect cannot be put until at least one member has spoken on the question. (19) A formal motion for adjournment must include the reason for the adjournment and the details for resumption. 15 Amendments to motions (1) A member (other than the mover or seconder of a motion under consideration) may move or second an amendment to the motion. (2) An amendment lapses if it is not seconded at the appropriate time. (3) If an amendment is lost, only one further amendment may be moved to the original motion.

Part 2 Meetings of council and committees Palmerston (Procedures for Meetings) By-laws 2003 10 (4) If an amendment is carried, only one further amendment may be moved to the original motion. (5) An amendment to a motion must be in terms that retain the identity of the original motion and do not negate the motion. (6) If a motion is amended by another motion, the original motion must not be put as a subsequent motion to amend the other motion. 16 Withdrawal of motion or amendment (1) The mover of a motion or amendment may, with the consent of the seconder, request leave of the meeting to withdraw the motion or amendment. (2) The chairman must immediately put the question for leave to be granted and must not allow debate on that question. 17 Address by members (1) Subject to by-law 20(2), a member must not speak for longer than 5 minutes at any one time without leave of the meeting. (2) A member may, with leave of the meeting, raise a matter of urgency. (3) A member may, with leave of the meeting, make a personal explanation. (4) The subject matter of a personal explanation may not be debated unless it is a personal explanation made under by-law 26(3). (5) The contribution of a member must be relevant to the subject matter of the debate. 18 Voting (1) The chairman or another member may ask the clerk to read out a motion before a vote is taken. (2) In taking a vote, the chairman: (a) must ask: (i) first for the votes of the members in favour of the question; and (ii) then for the votes of the members against the question, and may do so as often as is necessary to enable him or her to determine the result of the voting; and

Part 2 Meetings of council and committees Palmerston (Procedures for Meetings) By-laws 2003 11 (b) must then declare the outcome. (3) A division must be taken at the request of a member made immediately following the declaration by the chairman under clause (2) of the outcome of a vote. (4) If a division is called for, it must be taken immediately and the previous decision of the chairman as to whether the motion was carried or lost is set aside. (5) The division must be taken as follows: (a) the members voting in the affirmative must stand in their places until the vote is recorded; (b) the members voting in the negative must sit in their seats until the vote is recorded; (c) the chairman must count the number of votes and then declare the outcome. (6) After a division is taken, the clerk must record in the minutes: (a) the result of the vote on the division; (b) the names of the members who voted in the affirmative; and (c) the names of the members who voted in the negative. 19 Adjourned business (1) If a formal motion for a substantive motion to be adjourned is carried: (a) the adjournment may either be to a later hour of the same day, to another day or to another place; and (b) on resumption, the debate must continue from the point at which it was adjourned. (2) If debate is interrupted for the want of a quorum and the meeting is then adjourned, on resumption, the debate must continue from the point at which it was interrupted. (3) Business adjourned from a previous meeting must be dealt with before any new business at a subsequent meeting.

Part 2 Meetings of council and committees Palmerston (Procedures for Meetings) By-laws 2003 12 20 Chairman to take precedence (1) If at any time during the debate of a matter at a meeting the chairman indicates he or she intends to speak, a member speaking or proposing to speak to the debate must cease speaking and remain silent, or refrain from speaking, until the chairman has been heard. (2) When a member who ceased speaking in accordance with clause (1) resumes speaking, the member's remaining speaking time under by-law 17(1) is increased by one minute. 21 Mode of addressing members and officers A member at a meeting must address and refer to another member or an officer by that member's or officer's official title or designation. 22 Priority of speaking If 2 or more members at a meeting rise to speak at the same time, the chairman must decide which member will be heard first. 23 Members to stand when speaking A member at a meeting must stand when speaking to a matter being considered at the meeting unless: (a) prevented from doing so by a physical disability; or (b) the council or the committee (as the case may be) has determined otherwise by resolution. 24 Imputation A member speaking at a meeting must not make a personal reflection on, or impute an improper motive to, another member. 25 Points of order (1) The chairman may call to order a member at a meeting who is in breach of the Act or these By-laws in relation to the proceedings of the meeting. (2) A member may raise a point of order and must state briefly the nature of the alleged breach. (3) A point of order takes precedence over all other business until determined. (4) The chairman must rule on a point of order immediately.

Part 2 Meetings of council and committees Palmerston (Procedures for Meetings) By-laws 2003 13 (5) If an objection is taken to the ruling of the chairman, a motion that the ruling not be agreed with must be moved immediately. (6) The chairman is entitled to make a statement in support of the ruling before a motion under clause (5) is put. (7) A motion carried under clause (5) binds the meeting and, if the ruling of the chairman is not agreed with: (a) the ruling has no effect; and (b) the point of order is annulled. 26 Interruption of meeting by members (1) A member at a meeting: (a) must not behave in an improper or disorderly manner; or (b) must not cause an interruption or interrupt another member who is speaking. (2) Clause (1)(b) does not apply to a member who is: (a) objecting to words used by a member who is speaking; (b) raising a point of order; or (c) calling attention to the want of a quorum. (3) If the chairman considers that a member may have acted in contravention of clause (1), the member must be allowed to make a personal explanation. (4) Subject to clause (3), the member alleged to have contravened clause (1) must leave the meeting while the contravention is being considered by the meeting. (5) If the remaining members resolve that a contravention of clause (1) has occurred, those members may, by resolution: (a) censure the member; or (b) suspend the member for a part, or for the remainder, of the meeting. (6) A member commits an offence if the member: (a) refuses to leave a meeting in contravention of clause (4); or

Part 3 Other procedures for committee meetings Palmerston (Procedures for Meetings) By-laws 2003 14 (b) enters a meeting in contravention of a suspension under clause (5). Penalty: 10 penalty units. (7) An offence against clause (6) is a regulatory offence. 27 Interruption of meetings by others (1) A person (other than a member) at a meeting must not: (a) behave in a disorderly manner; or (b) cause an interruption. Penalty: 5 penalty units (2) An offence against clause (1) is a regulatory offence. 28 Removal of persons from meetings (1) A person (other than a member) who interrupts the orderly conduct of a meeting must, on being requested to do so by the chairman, immediately leave the place where the meeting is being held. Penalty: 10 penalty units (2) An offence against clause (1) is a regulatory offence. 29 Public participation at meetings Subject to this by-law and by-laws 12 and 13, a member of the public must not take part, or attempt to take part, in the proceeding of a meeting of the council except at the invitation of the chairman. Part 3 Other procedures for committee meetings 30 Calling committee meetings (1) The first ordinary meeting of a committee must be held at a time and place appointed by the clerk. (2) Other ordinary meetings of a committee must be held at the dates and at the times the council or the committee determines by resolution. (3) The clerk must, as soon as practicable before a meeting of the committee or within such other time as the committee determines by resolution, give notice of the meeting.

Part 3 Other procedures for committee meetings Palmerston (Procedures for Meetings) By-laws 2003 15 (4) Meetings of a committee cannot be held on a Sunday or a public holiday. (5) If requested by the chairman or 3 other members of a committee, the clerk must call a special meeting of the committee. (6) Notice of a special meeting of a committee must: (a) be given to all members of the committee at least 4 hours before the scheduled commencement of the meeting; and (b) set out the business to be transacted at the meeting. 31 Chairman of standing committee (1) At the first meeting of a standing committee after the conclusion of a general election, the members of the committee must appoint a chairman from their number. (2) If the office of chairman of a standing committee becomes vacant, the committee must appoint a new chairman. 32 Chairing meetings (1) The chairman of a committee must preside at all meetings of the committee at which he or she is present. (2) If the chairman is absent from a meeting, a member of the committee appointed by a majority of the members present at the meeting must preside. 33 Committee meetings open except as prescribed Committee meetings must be open to the public except where a matter classified by regulations under the Act as confidential business for the purposes of meetings of the council is being considered or voted on. 34 Standing committees may appoint subcommittees (1) A standing committee may establish subcommittees of its members. (2) A resolution establishing a subcommittee must: (a) specify the purpose for which the subcommittee is established and, if appropriate, specify a time by which a final report or recommendation must be made to the standing committee by the subcommittee; and

Part 4 Repeal Palmerston (Procedures for Meetings) By-laws 2003 16 (b) give any direction that the standing committee considers necessary in relation to the convening and conduct of a meeting of the subcommittee. 35 Reports to council by committees (1) A report to the council by a committee must be presented at a meeting of the council by: (a) the chairman of the committee; or (b) in the chairman's absence – another member of the committee as determined by the chairman of the meeting. (2) If more than one recommendation is made by a committee in a report to the council, the decision of the council on each recommendation may be taken separately. 36 Power to determine procedures Except as provided by these By-laws or as the council determines by resolution, the procedures for meetings of a committee may be determined by the committee by resolution. Part 4 Repeal 37 Repeal The Palmerston (Council Meetings and Procedures) By-laws (Regulations 1991, No. 37) are repealed.

ENDNOTES Palmerston (Procedures for Meetings) By-laws 2003 17 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Palmerston (Procedure for Meetings) By-laws (SL No. 59, 2003) Notified 7 January 2004 Commenced 7 January 2004 Local Government (Consequential Amendments) Act 2008 (Act No. 28, 2008) Assent date 14 November 2008 Commenced 1 July 2008 (s 2) 3 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22 of 2018) to: bl 1. 4 LIST OF AMENDMENTS bl 33 amd Act No. 28, 2008, s 4

1 PALMERSTON (PROCEDURES FOR MEETINGS) BY-LAWS 2003

The By-laws operate through a compact set of defined concepts that determine how procedural rules apply. The statutory definitions in by-law 3 control the meaning of key terms and thereby the triggers for procedural obligations. The concept of clear days governs several notice periods; clear days exclude the day on which notice is given and the day of the meeting but expressly include Saturdays, Sundays and public holidays for the calculation in by-law 3(2). The defined term chairman is broad: it covers the mayor or other presiding member of the council and the chairman of a committee, and it includes any member presiding at a committee meeting (by-law 3(1)). meeting, member, committee and ordinary meeting are likewise defined to fix the scope of application (by-law 3(1)).

Formal motion is a tightly defined category (by-law 3(1)): the By-laws list five formal motions (proceed to next business; that the question be put; that the question lie on the table; that the question be adjourned; and that the meeting be adjourned). The procedural consequences of those forms are prescribed in by-law 14(15) and (16). The By-laws therefore separate substantive motions from procedural/formal motions and restrict how formal motions may be used and recognised (by-law 14(13)-(14), (16)-(18)).

Other recurrent concepts include quorum, which controls commencement and adjournment of meetings (by-law 5), and business paper, the document the clerk must prepare and make available to the public as set out in by-law 8. The business paper is the main vehicle for agenda management and, in conjunction with time limits for notices (for example five clear days for notices of motion by-law 14(2) and five clear days for questions on notice by-law 11(2)), channels decision‑making toward items listed in advance.

Chairman’s discretion is a structural concept running through the By-laws. The chairman has recognitional control, the power to rule questions out as vague, irrelevant, insulting or improper (by-law 11(7)), the power to terminate deputations for intemperance (by-law 13(7)) and, subject to appeal by motion, the power to rule on points of order immediately (by-law 25(4)-(7)). However the By-laws provide for immediate procedural challenge of the chairman’s ruling by motion that must be moved immediately (by-law 25(5)). The division procedure and the requirement to record names after a division make voting both immediate and traceable (by-law 18(3)-(6)).

Public participation is limited and channelled. Petitions must meet formal requirements including restating the whole petition on each page (by-law 12(1)(d)) and are subject to criminal sanctions for fraudulent signatures (by-law 12(4)). Deputations must apply not less than seven clear days before the meeting (by-law 13(1)), must state the reason for attendance (by-law 13(2)), and are subject to mayoral approval through the clerk (by-law 13(3)-(4)). Only two persons in a deputation may normally address a meeting (by-law 13(5)). Otherwise public participation in proceedings is by invitation of the chairman only (by-law 29).

Committee discretion is another core concept. While committees must follow many of the same procedural rules, the By-laws expressly permit a committee to determine its own procedures except where the By-laws prescribe otherwise (by-law 36). Standing committees may form subcommittees with specified remits and, where appropriate, time limits for final reports (by-law 34). Committee meetings are public unless the matter is classified as confidential business by regulations under the Act (by-law 33), linking committee openness to the broader regulatory framework of the Local Government Act.

Finally, the instrument combines administrative duties on the clerk and the chairman’s procedural control to create an ecosystem where agenda preparation, public notice, minute recording, and in‑meeting control are distributed across officeholders with specific tasks and discrete discretion points codified in the By-laws.

Primary subjects of the By-laws are council members and committee members, the clerk and the chairman (including the mayor). The definitions make clear that the term member covers both council and committee members; therefore almost every rule about speaking, voting, raising points of order and suspension applies to elected members sitting in either capacity (by-law 3(1), multiple operative provisions such as by-laws 17, 18, 25 and 26). The clerk is a central administrative actor with multiple statutory duties: preparing and circulating the business paper (by-law 8), giving notice of adjourned meetings and committee meetings (by-laws 5(5) and 30(3)), and entering minutes and recording adjournment reasons and attendees (by-laws 6 and 5(4)). The mayor is a decision node in relation to deputations; the clerk must notify the mayor of any application and the mayor determines whether the deputation may be heard (by-law 13(3)).

The public are materially affected in three principal ways. First, public access to business papers is required: the clerk must make copies of the business paper available at the council office and other places determined by resolution as soon as practicable before the meeting (by-law 8(2)). Second, the public have limited participatory channels: petitions may be presented subject to formalities and penalties for forgery (by-law 12); deputations may be heard if they apply in the time and are approved (by-law 13); otherwise public participation in proceedings is only by invitation of the chairman (by-law 29). Third, in committee practice meetings are open to the public except where the matter is classified confidential by regulations under the Act (by-law 33). These rules therefore allocate rights of access and participatory entitlement to the public, while also creating procedural burdens for members of the public who wish to participate.

Council officers and delegates are also affected. Officers who prepare reports have a route for placing matters on the business paper (by-law 8(3)(d)). Members who hold external delegations to other organisations have the right to report at council meetings after the chairman’s report (by-law 10). Delegates’ reporting may create information flow obligations between external bodies and the council.

Third parties with interests in particular municipal decisions face procedural constraints imposed by the By-laws that will affect strategy and timing. For example, a person seeking to influence council action via a motion to revoke or amend a resolution passed since the last general election must bring the motion by written notice (by-law 14(3)), and if lost the topic cannot be brought again for up to three months or until the next general election (by-law 14(4)), which affects campaign timing and the window for re-litigation of council decisions.

Finally, persons attending meetings who are not members are directly constrained by conduct provisions. The By-laws attach penalty units and regulatory offence status to specific misbehaviour at meetings, such as interrupting proceedings or refusing to leave when ordered. That means members of the public who seek to attend or address the council must observe formalities or face statutory penalties (by-laws 27-28, 26(6)).

The By-laws allocate explicit administrative duties, prescriptive rights for members, and discrete powers to the chairman and clerk. The clerk’s statutory duties include: preparing the business paper as soon as practicable before ordinary meetings (by-law 8(1)); ensuring copies of the business paper are made available to the public at the council office and other places as resolved (by-law 8(2)); placing on the business paper questions given on notice under by-law 11(2) and ensuring those questions and replies are entered in the minutes (by-law 11(3)); giving notice of adjourned meetings to each member and to the public by displaying notice at the council office (by-law 5(5)); and giving notice of committee meetings as soon as practicable or at a time resolved by the committee (by-law 30(3)).

Chairman’s rights and duties are numerous and operational: the chairman may make a report after minutes confirmation (by-law 9); may determine whether a question is required to be answered if it is vague, irrelevant, insulting or improper (by-law 11(7)); must preside at meetings of committees when present (by-law 32(1)); decides priority when multiple members rise to speak (by-law 22); takes precedence during debate when indicating intention to speak (by-law 20); and may terminate a deputation for intemperance in speech or when satisfied the purpose has been sufficiently explained (by-law 13(7)). The chairman also must not accept motions without notice that would incur expenditure in excess of $1 000 unless specific exceptions apply (by-law 14(8)). The chairman is empowered to call to order members who breach the Act or By-laws (by-law 25(1)) and must rule on points of order immediately (by-law 25(4)).

Members’ procedural rights include the right to receive and move notices of motion in writing delivered at least five clear days before the meeting (by-law 14(1)-(2)); to ask questions on notice (by-law 11(2)) or without notice (by-law 11(4)); to move formal motions and substantive motions subject to rules on seconding, notice and form (by-law 14); to speak once to a motion and once to an amendment unless exceptions apply (by-law 14(11)); to request a division immediately after the chairman’s declaration (by-law 18(3)); and to raise points of order that take precedence and must be immediately ruled on (by-law 25(3)-(4)). Members also have a right to move a formal motion while not having already spoken in the debate (by-law 14(12)).

There are important constraints on member action. Motions that would revoke or alter a resolution passed since the last general election must be given in writing (by-law 14(3)) and, if lost, a similar motion cannot be reintroduced for three months or until the next general election whichever comes sooner (by-law 14(4)). A member proposing a motion without notice may be required to put it in writing by the chairman (by-law 14(7)). Motions or amendments beyond the council’s power may be refused by the chairman (by-law 14(9)). Members also must observe speaking time limits,five minutes without leave (by-law 17(1)),and must not make personal reflections or impute improper motives to other members (by-law 24).

Public rights are narrower. Members of the public may present petitions that meet formal requirements (by-law 12(1)), may be represented as part of a deputation that follows the notice and mayoral approval process (by-law 13), and may participate only at the chairman’s invitation (by-law 29). Non‑members attending meetings must not behave in a disorderly manner or cause interruption (by-law 27(1)) and face penalty units for certain breaches (by-laws 27-28).

Committees and subcommittees have rights to manage their internal procedures. A committee may set times for ordinary meetings and can call special meetings on request (by-law 30). Standing committees must appoint a chairman at their first meeting after a general election (by-law 31(1)), and may establish subcommittees with specified purposes and timeframes (by-law 34). Subject to the By-laws and council resolutions, committees may determine other procedural rules by resolution (by-law 36).

The By-laws include specific offences, penalty units and classification of material breaches as regulatory offences. The instrument uses the term penalty units without specifying their monetary value; the amounts must therefore be read against the broader statutory definition of penalty units in the applicable statutes, which are not reproduced in the By-laws. The By-laws specify:

Petitions: It is an offence to append to a petition a signature purporting to be another person’s or to append another person’s name. The penalty for contravention in by-law 12(4) is 5 penalty units and the offence is classified as a regulatory offence (by-law 12(5)).
Member misconduct: A member commits an offence if the member refuses to leave a meeting in contravention of by-law 26(4) or enters a meeting in contravention of a suspension under by-law 26(5). The penalty is 10 penalty units and the offence is a regulatory offence (by-law 26(6)-(7)).
Non‑member misconduct: A person (other than a member) at a meeting must not behave in a disorderly manner or cause an interruption. The penalty in by-law 27(1) is 5 penalty units and the offence is a regulatory offence (by-law 27(2)).
Removal on interruption: A person (other than a member) who interrupts the orderly conduct of a meeting must, when requested by the chairman, immediately leave the place where the meeting is being held. The penalty in by-law 28(1) is 10 penalty units and the offence is a regulatory offence (by-law 28(2)).

Disciplinary measures confined to member conduct at the meeting include censure and suspension for part or the remainder of a meeting (by-law 26(5)(a)-(b)). The procedure is: where the chairman considers a member may have breached the conduct rule, the member may make a personal explanation (by-law 26(3)); subject to that, the member must leave while the contravention is considered (by-law 26(4)); on resolution of remaining members that a contravention occurred, the meeting may censure or suspend the member (by-law 26(5)). These are internal meeting sanctions; separate penalty unit offences apply for refusing to leave or re‑entering in breach of suspension orders (by-law 26(6)).

Enforcement of penalty unit offences is by the relevant enforcement mechanism for regulatory offences under the legislative framework in force. The By-laws specify that particular contraventions are regulatory offences (by-laws 12(5), 26(7), 27(2), 28(2)), thereby signalling a civil‑regulatory enforcement pathway as distinct from criminal proceedings, but the text does not set out the enforcement agency or detailed enforcement procedure.

Procedural enforcement within meetings is primarily the chairman’s remit, with an immediate right of challenge by motion against a chairman’s ruling. Points of order take precedence over other business until determined (by-law 25(3)), and the chairman must rule immediately (by-law 25(4)). If an objection is taken to a chairman’s ruling a motion that the ruling not be agreed with must be moved immediately; the chairman may make a statement before such a motion is put, and a motion carried binds the meeting and annuls the chairman’s ruling (by-law 25(5)-(7)). Voting procedures and divisions are prescribed (by-law 18). Where a division is called the chairman’s earlier declaration is set aside and the division is taken immediately with the clerk recording result and names (by-law 18(3)-(6)).

Administrative enforcement duties fall on the clerk in terms of ensuring notice and minute requirements are met. If the clerk adjourns a meeting for want of a quorum he or she must record the reason, names present if any, and the date/time for resumption (by-law 5(4)), and must give notice of the adjourned meeting to members and the public (by-law 5(5)). Failure to comply with the clerk’s statutory function could give rise to procedural invalidity risks in council decision‑making, although the By-laws themselves do not specify remedies beyond minute recording and public notice obligations.

The By-laws are framed as subordinate legislation under the Local Government Act 2008, as stated at the head of the instrument and in the footnotes referencing the enabling Act. That connection establishes a hierarchical relationship: the By-laws operate within the powers granted by the Local Government Act and must be read in light of that Act. By-law 33 explicitly imports regulations made under the Act when it limits public access to committee meetings "where a matter classified by regulations under the Act as confidential business for the purposes of meetings of the council is being considered or voted on" (by-law 33). This creates a direct cross‑reference to the Act’s regulatory classification scheme for confidential business, placing the By-laws’ openness rule subject to that external classification.

The repeals and amendment notes demonstrate legal sequencing with other instruments. By-law 37 repeals the earlier Palmerston (Council Meetings and Procedures) By-laws (Regulations 1991, No. 37), indicating that the 2003 instrument replaced previous local procedural rules (by-law 37). The endnotes record that the By-laws were made under the Local Government Act 2008 and note an amendment to by-law 33 effected by the Local Government (Consequential Amendments) Act 2008, Act No. 28, 2008, s 4; s 2 of that Act fixed its commencement at 1 July 2008 (endnotes). The endnotes also record consequential formal amendments effected by the Interpretation Legislation Amendment Act 2018 to by-law 1, indicating that later general interpretation changes at the territory level were applied.

Several points of interaction arise from the By-laws’ internal architecture: the term penalty unit is used without a numeric value. The monetary value of penalty units is determined elsewhere in the statutory framework, so enforcement monetary amounts interact with the general penalty unit schedule under Northern Territory legislation rather than the By-laws themselves. References to regulatory offences similarly import the Act’s enforcement mechanisms for regulatory offences. The clause that the chairman must not accept a motion that would incur expenditure in excess of $1 000 unless exceptions apply (by-law 14(8)) interacts with council financial delegations and procurement rules which are likely set under other council policies or the Local Government Act. The By-laws do not displace those broader financial controls; they add a procedural gate against impromptu expenditure beyond the $1 000 threshold.

The By-laws allow committees to determine their own procedures "except as provided by these By-laws or as the council determines by resolution" (by-law 36). That creates an avenue for council resolutions (a higher local instrument) to modify committee procedure consistent with the By-laws and the enabling Act. The mayoral role in deputations (by-law 13(3)) invokes the mayor’s delegated powers under local law and implies a coordination between the clerk’s administrative functions and the mayor’s discretion.

Finally, the By-laws’ requirement to make business papers available "at the council office and at the other places the council or the committee ... determines by resolution" (by-law 8(2)) interacts with broader information access regimes, including any right to information or open meeting obligations under the Local Government Act or general territory transparency laws. The By-laws provide minima for notice and access but do not override other statutory obligations that may entitle the public to additional documents or processes.

The instrument itself includes an express repeal of an earlier Palmerston instrument in by-law 37: "The Palmerston (Council Meetings and Procedures) By-laws (Regulations 1991, No. 37) are repealed" (by-law 37). The endnotes supply a concise amendment history:

The By-laws were made as Palmerston (Procedure for Meetings) By-laws (SL No. 59, 2003), notified 7 January 2004 and commenced 7 January 2004, as recorded in the endnotes (List of Legislation, Endnote 2).
The Local Government (Consequential Amendments) Act 2008 (Act No. 28, 2008) is recorded with assent date 14 November 2008 and commencement 1 July 2008 (s 2). The endnotes state that by-law 33 was amended by Act No. 28, 2008, s 4 (List of Amendments, Endnote 4). That indicates at least one substantive amendment to the openness rule applicable to committee meetings occurred in 2008.
The Interpretation Legislation Amendment Act 2018 (Act No. 22 of 2018) made general amendments of a formal nature to by-law 1 (Endnote 3). The endnote characterises these as formal amendments of a non-substantive nature made by the territory’s interpretation amendments machinery rather than by council action.

The By-laws as printed are "As in force at 1 July 2008" at the heading, so the text in the supplied instrument reflects the state of the instrument immediately after the 2008 commencement noted. The endnotes explicitly list the 2008 amendment to by-law 33 and a later formal amendment in 2018 to bl 1. No other amendment instruments or changes are recorded in the endnotes of the supplied text.

Practically, the amendment trail demonstrates two things visible in the text: first, the 2008 consequential amendment adjusted committee openness to align with the Local Government Act 2008 regulatory classification for confidential business (by-law 33 as amended by Act No. 28, 2008); second, interpretation or formatting changes may have been applied in 2018 to the citation clause (bl 1) without altering substantive meeting procedures, per the endnote description. The By-laws do not list any further textual changes or schedules within this reprint beyond those recorded in the endnotes.

The supplied instrument contains no references to case law, litigation, judicial interpretation or administrative reviews. The By-laws do not name any judicial decisions or administrative determinations. The endnotes do not record any litigation history. Accordingly, there is no litigation history provided in the text to summarise or to cite.

Because the By-laws are subordinate rules under the Local Government Act and impose procedural requirements that could give rise to disputes,such as contesting the validity of a council decision where notice or quorum rules were not observed, or challenging a chairman’s ruling,litigation or review could conceivably arise in practice. However the instrument itself does not identify cases, judicial guidance or precedents interpreting these provisions. Users of the By-laws should therefore be aware that any legal contest about compliance, e.g. whether a decision was valid where procedural defects occurred, would rely on principles developed under the Local Government Act, administrative law, and judicial decisions external to the By-laws, none of which are included or referenced in the supplied text.

In the absence of recorded litigation in the instrument, if a reader needs to know whether particular procedural steps have been judicially tested,such as the effect of failing to make a business paper available, the legal consequences of the clerk adjourning for want of quorum, or the validity of a suspension under by-law 26,they must consult case law and tribunal decisions outside this instrument. The By-laws themselves provide internal remedies like suspension and censure, procedural paths for challenge (immediate motions against the chairman’s ruling under by-law 25), and record‑keeping obligations, but they do not prescribe litigation routes or appeal bodies in the text provided.

The By-laws include numerous specific procedural traps and timing details that can produce unintended consequences if overlooked.

Clear days calculation and notice windows. The definition in by-law 3(2) tells the reader that when calculating clear days for by-laws 11(2), 13(1) and 14(2), the day notice is given and the day of the meeting are excluded, but Saturdays, Sundays and public holidays are taken into account. This means that a "five clear days" requirement will include weekends and public holidays in the count, potentially lengthening the calendar days required for compliance compared with an intuitive business‑days calculation. Failing to calculate clear days correctly can nullify a notice of motion or deputation application.
Motions to revoke or amend resolutions since the last general election. By-law 14(3) requires such motions to be brought by written notice of motion. If a member attempts to bring such a motion without written notice the chairman may refuse to accept it. If a motion of that type is lost, a motion to the same effect cannot be brought again until after three months or until the next general election, whichever comes sooner (by-law 14(4)). This creates a substantive time lock on re-litigating council decisions made since the last election.
Expenditure threshold for motions without notice. The chairman must not accept a motion without notice if its effect would be to incur expenditure in excess of $1 000 unless the motion relates to a committee recommendation or is urgent (by-law 14(8)). That places an immediate procedural barrier to spontaneous expenditure decisions above the threshold and may require members to ensure the matter is on the business paper or that an urgency justification is recorded. The By-laws do not define "urgent", leaving scope for chairman discretion.
Formal motion formality. Formal motions are strictly limited to the five forms listed in the definition and the effect and form of each is prescribed (by-law 14(13)-(16)). Attempting to use a formal motion in another form will not be recognised (by-law 14(14)). This can be a trap for members who use informal phrasing or who attempt hybrid procedural moves; the chairman must put the formal motion without discussion once seconded (by-law 14(16)), except for adjournments where limited debate on resumption details is permitted.
Public participation is tightly channelled. The By-laws restrict public participation to petitions, deputations following the seven clear days application and mayoral approval, and otherwise only at the chairman’s invitation (by-laws 12, 13, 29). Members of the public who attempt to participate without following these processes risk summary removal with penalty units attached (by-law 28(1)). The by-law also limits deputation speakers to two persons unless the meeting resolves otherwise (by-law 13(5)), which can curtail broader community presentations.
Petition page restatement requirement. By-law 12(1)(d) requires each page of a petition to restate the whole of the petition. If a page does not restate the whole, signatures on that page are not taken into account (by-law 12(2)). Petitioners who do not follow this formality may lose significant numbers of signatures and thus the apparent support for their request.
Chairman discretion and limited appeal window. The chairman’s power to rule immediately on points of order (by-law 25(4)) and to rule that questions are not required to be answered (by-law 11(7)) is subject to immediate challenge only by motion that must be moved immediately (by-law 25(5)). That creates a narrow window for members to overturn a ruling and makes the immediate procedural posture important; failing to move the challenge immediately waives the opportunity.
Quorum and adjournment recording duties. If the clerk adjourns for want of a quorum the clerk must record the reason, names of members present (if any) and the date/time of resumption (by-law 5(4)), and must give notice of the adjourned meeting to members and the public (by-law 5(5)). Failure to record or notify may affect the validity of subsequent actions taken at an adjourned meeting.
Division procedure and public transparency. When a division is taken the clerk must record names of members who voted for and against (by-law 18(6)). That creates accountability but also a public record that can be used for accountability or political purposes; members should be aware their votes will be individually recorded after a division.
Committee meeting day limits and special meeting notice. Committee meetings cannot be held on Sundays or public holidays (by-law 30(4)). Special committee meetings require at least four hours’ notice to all members and must set out the business to be transacted (by-law 30(6)). Attempting to convene a special meeting with shorter notice or without the specified business notification may contravene the By-laws.
Interaction with confidentiality regulations. By-law 33 makes committee meetings open except where a matter is classified as confidential business by regulations under the Act. The By-laws therefore defer to the Act’s confidential business classification. Practitioners must therefore consult the Act and its regulations to determine when closure is lawful.

These are concrete procedural chokepoints. Failure to comply with the detailed timeframes, form requirements and chairman/clerk processes risks procedural invalidity of council decisions, sanctions under the regulatory offence clauses, or the suppression of public input.

This section provides a practical checklist, grounded in the By-laws, for council officers, members and members of the public who must comply with the procedural requirements.

Establish calendar and notice processes

Fix an ordinary meeting day and time each month by council resolution (by-law 4). Publish and circulate the schedule to members and the public.
For committee meetings, appoint the first ordinary meeting time and place by the clerk (by-law 30(1)) and set other ordinary meeting dates by resolution (by-law 30(2)).
Implement an internal notice calendar that calculates clear days per by-law 3(2) for notices under by-laws 11(2), 13(1) and 14(2), remembering to exclude the day notice is given and the meeting day but to count weekends and public holidays.

Business paper and documentation

The clerk must prepare a business paper as soon as practicable before ordinary meetings (by-law 8(1)). Define 'as soon practicable' operationally with a standard release time to reduce disputes.
Make business papers available to the public at the council office and other resolved locations (by-law 8(2)).
Adopt a cut‑off time for items to be included in the business paper in accordance with any council resolution (by-law 8(4)).
Ensure officer reports, committee referrals and notices of motion are clearly flagged and included per by-law 8(3).

Minutes and record‑keeping

Submit minutes for confirmation at the next ordinary meeting (by-law 6(1)). Allow only accuracy corrections before confirmation (by-law 6(2)).
On confirmation the chairman must initial each numbered page and sign/date the foot of the last page (by-law 6(3)(a)-(b)).
Where a meeting is adjourned for lack of quorum, the clerk must record the reason, names of members present and the resumption date/time (by-law 5(4)) and notify members and the public of the adjourned meeting (by-law 5(5)).

Handling notices, motions and expenditure limits

Require written notice of motions at least five clear days before the meeting (by-law 14(1)-(2)). For motions to amend or revoke resolutions passed since the last general election, ensure they are always in writing and schedule them accordingly (by-law 14(3)).
For notices and deputation requests subject to clear days, train staff to compute clear days per by-law 3(2).
Prevent acceptance of motions without notice that will incur expenditure above $1 000 unless they are urgent or tied to committee recommendations listed on the business paper (by-law 14(8)). Require movers to provide written justification when claiming urgency.

Questions, petitions and deputations

Maintain a system to accept and place questions on notice submitted at least five clear days before the meeting. When such a question is lodged the clerk must place it on the business paper and ensure the question and reply are recorded in the minutes (by-law 11(2)-(3)).
Ensure petition templates comply with by-law 12(1): legible, addressed to council, clear request and each page restates the whole petition (by-law 12(1)(a)-(d)). Reject pages not complying with the restatement requirement or segregate them from count (by-law 12(2)).
For deputations, require written applications not less than seven clear days before the meeting, with reasons stated (by-law 13(1)-(2)). Notify the mayor on receipt; the mayor must determine whether the deputation may be heard and notify the clerk who then informs the deputation and arranges the time if approval is given (by-law 13(3)-(4)).
Limit deputation speakers to two persons unless the meeting resolves otherwise (by-law 13(5)). Provide guidance that deputation speakers must be temperate and may be terminated by the chairman for intemperance or where the purpose has been adequately explained (by-law 13(6)-(7)).

Chairing, speaking and order

Train chairmen on their duties: preside at meetings when present (by-law 32(1)), take precedence when indicating an intention to speak (by-law 20), rule immediately on points of order (by-law 25(4)), and refuse motions beyond the council’s power (by-law 14(9)) or those without notice that would create expenditure above $1 000 absent exception (by-law 14(8)).
Implement a protocol for time limits: members cannot speak for longer than five minutes at a time without leave of the meeting (by-law 17(1)). Keep speaking relevant to the motion (by-law 17(5)) and avoid personal reflections or imputations (by-law 24).

Points of order and challenges

When a point of order is raised it takes precedence until determined (by-law 25(3)). Require the chairman to rule immediately and inform members that an immediate motion may be moved to disagree with the ruling and must be moved at once (by-law 25(4)-(5)).
Maintain a standard form or script for chair rulings and for moving immediate motions disagreeing with rulings, to avoid lost challenges through procedural missteps.

Voting and divisions

Where the chairman declares a result members may immediately call for a division which must be taken immediately and sets aside the chairman’s earlier declaration (by-law 18(3)-(4)). Conduct divisions by having members vote as prescribed (by-law 18(5)) and record the result and names in the minutes (by-law 18(6)).

Dealing with disorder and sanctions

Have security or marshals available to remove non‑members who interrupt meetings when asked by the chairman, noting that failure to leave where requested is a penalty unit offence (by-law 28(1)-(2)). Provide clear signage about meeting conduct and petition/deputation rules.
For member misconduct, follow the ordered procedure: allow a personal explanation if required (by-law 26(3)), require the alleged member to leave while the matter is considered (by-law 26(4)), and record any resolution to censure or suspend (by-law 26(5)). Where a member refuses to leave or re-enters in contravention of suspension, note the available enforcement penalties (by-law 26(6)-(7)).

Committee and subcommittee operations

At the first meeting after a general election ensure standing committees appoint a chairman from their number (by-law 31(1)). If a chairman’s office becomes vacant, appoint a replacement (by-law 31(2)).
When establishing subcommittees include in the resolution the subcommittee’s purpose, an appropriate time for final reports and any directions about convening and conduct (by-law 34(2)).
Keep committee meetings open to the public except where confidentiality is triggered by regulations under the Local Government Act (by-law 33). Maintain a process to consult the Act’s regulations on confidential business and record reasons when meetings or parts of meetings are closed.

Compliance monitoring and training

Train clerks, mayors, chairs and members on the By-laws and maintain procedural checklists for each meeting: notices received and computed; business paper prepared and published; minutes ready for confirmation; petitions and deputation applications logged; expenditure threshold checks for motions; and division recording procedures.
Keep a public record of business papers and minutes to demonstrate compliance with accessibility and record obligations under by-laws 8 and 6.

Following these concretely worded steps, grounded in the By-laws, will reduce the risk of procedural invalidity, limit exposure to penalty unit offences, and make the conduct of meetings predictable for members, officers and the public.

PALMERSTON (PROCEDURES FOR MEETINGS) BY-LAWS 2003

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PALMERSTON (PROCEDURES FOR MEETINGS) BY-LAWS 2003

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1 PALMERSTON (PROCEDURES FOR MEETINGS) BY-LAWS 2003

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