OUT OF ORDER: MANAGING UNPARLIAMENTARY LANGUAGE IN THE AUSTRALIAN HOUSE OF REPRESENTATIVES

In the Australian House of Representatives (the House), the use of unparliamentary language is governed by Standing Orders relating to Disorder. Unparliamentary language or conduct can be raised either by a Member as a Point of Order for the Speaker or Chair's determination, or by the Speaker themselves. The Speaker is empowered by Standing Order 92 to intervene where a Member's conduct may be offensive or disorderly. If the Speaker determines that the language or conduct breaches the Standing Orders, the most common response is to request that the offending Member withdraw the unparliamentary language. In most cases, the Member does so. Parliaments need to balance competing priorities in regulating the terms and nature of their debates: raising standards of behavior and creating a workplace which is more inclusive and reflective of the community; maintaining Parliamentarians' appropriate use of privilege to discuss matters of importance; and allowing debate without encouraging personal clashes. Parliaments, and particularly Presiding Officers managing debates, have an unenviable task in making determinations, often in the moment itself. Context is crucial but the application of consistent principles is as important as flexibility.