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