House debates

Monday, 17 March 2014

Petitions

Legalisation of Cannabis; Statements

10:02 am

Photo of Dennis JensenDennis Jensen (Tangney, Liberal Party) Share this | | Hansard source

In my statement earlier this month, as Chair of the Petitions Committee I outlined the process taken by the committee to refer petitions to ministers and receive their responses. Today, I will cover a little of the history of petitioning, before discussing something more practical: how members of the public can get the full benefit of engaging with the House of Representatives through the petitioning system.

Our parliamentary tradition includes a long and rich history of petitioning. The fundamental principle of the petitioning system is the right of people to bring their matter before the Crown and the parliament and seek redress for their grievances. The United Kingdom's Westminster system can trace its petitioning origins to the reign of King Edward I in the 13th century.

The form of petitioning that is closer to what we know today developed in the late 17th century, with the House of Commons resolving that it is the 'inherent right of every commoner of England to prepare and present petitions to the House in case of grievance', and for the House to receive them.

Australia inherited this system at Federation in 1901. The first petition presented to the House of Representatives was on 21 May 1901 and called for sittings of the House to commence with a prayer. What may also be of interest is that, more than a century later in 2009, a petition, with almost 7,000 signatories, was received in support of retaining the Lord's Prayer at the start of the House's sittings.

A couple of the most unusual petitions received by the House were the Yirrkala bark petitions in 1963, from the Yirrkala people regarding land rights. They were presented on traditionally decorated bark and have great historical and cultural significance. These petitions are significant early steps in the path that led to the statutory acknowledgement of Aboriginal land rights by the Commonwealth in 1976 and the overturning of the doctrine of terra nullius in the High Court's Mabo decision of 1992.

Madam Speaker, as you are aware, in 2008 the system for petitioning the House was revitalised with changes to standing orders for petitions. These changes included:

        All petitions—whether they are later to be presented by me as chair at 10 am on a sitting Monday or by a member—must first be considered by the Petitions Committee to ensure they meet the standing order requirements for petitions to the House.

        Prospective petitioners who seek assistance early in the process (before collecting signatures) will be in the best position to ensure that their petitions will meet the House’s requirements and get the full benefits of petitioning the House—an airing of their issue and a considered response to their concerns.

        If a petition does not meet these requirements, the committee will have to find that it is ‘out of order’, and it will not be presented in the House as a petition or referred to a minister.

        However, the committee is not merely a gatekeeper for petitions; it takes very seriously its responsibility to assist members of the public, prospective petitioners and members of parliament to understand and access the petitioning system.

        The committee provides a range of helpful information on its webpages to assist prospective petitioners in preparing and submitting petitions. The committee also has a dedicated inquiry email and telephone line, providing information and guidance to prospective petitioners. Before starting to collect signatures, prospective petitioners can seek feedback on draft petitions to help ensure that they meet the standing order requirements of the House. This is a worthwhile service that many petitioners may choose to use.

        The information on the committee’s webpage and the information received by phone and email has helped people to better understand the petition requirements and has played a role in increasing the number of petitions that are found to be ‘in order’, and so are presented to the House and referred to the relevant ministers.

        The committee is keen for members of the public to understand the benefits and requirements of the House petitioning process, to help Australians exercise their well-established right to bring and have their grievances received by the House. Thank you, Madam Speaker.