diff --git a/docs/constitution/00-acknowledgement-of-country.md b/docs/constitution/00-acknowledgement-of-country.md index 3c59623..98a19a1 100644 --- a/docs/constitution/00-acknowledgement-of-country.md +++ b/docs/constitution/00-acknowledgement-of-country.md @@ -1,7 +1,7 @@ --- title: Acknowledgement of Country original: - file: "AGV Constitution (2023-01-02) after end of transition.pdf" + file: "AGV Constitution 2024-03-06.pdf" pages: [3] --- diff --git a/docs/constitution/01-fundamental-matters.md b/docs/constitution/01-fundamental-matters.md index 841907c..ac66c49 100644 --- a/docs/constitution/01-fundamental-matters.md +++ b/docs/constitution/01-fundamental-matters.md @@ -1,78 +1,13 @@ --- title: "Part 1: Fundamental matters" original: - file: "AGV Constitution (2023-01-02) after end of transition.pdf" + file: "AGV Constitution 2024-03-06.pdf" pages: [3,4,5] --- -:::effectivefrom Timing -The provisions of this part of the Constitution come into force -on the transition date (1 January 2023) apart from clause 4 -::: - -
- -Drafting Panel commentary - -At a glance - -* Sets out our purposes (clause 1). - -* Sets out our principles about (clause 2 to 7): - - * how we make policies and the party strategy, - - * members in public office, - - * how we make decisions, - - * the openness of our Party, and - - * affirmative action. - -* Sets out the hierarchy of policies (including Australian Greens policies and local - policies made by branches) (clause 2). - -Summary and Explanation - -Clause 1 on purposes is straightforward. - -Clause 2 on policy requires that party policy and the party strategy generally only be -made by members through a participatory process, by consensus (or a 75% vote) of -members participating. State Council can make a policy or the party strategy in urgent -circumstances. The clause also reflects our existing hierarchy of national, state and -local policies. - -Clause 3 is about members in public office and keeps the existing arrangements. It -retains the conscience vote, requires members in public office at a particular level to -attempt to reach consensus with each other, and requires members in public office to -engage with branches and other party bodies wanting such engagement. - -Clause 4 introduces a new requirement that all decisions must be made in pursuit of -the party’s purposes (clause 4(1)). The clause sets out, in a more mandatory way than -in our current Constitution, the principles of consensus decision-making (clause 4(2) & -(4)). This clause also sets out new principles for the delegation of decision-making -(clause 4(3)). - -Clause 5 sets out the entitlement of members to attend meetings, establishes a new -requirement that meetings be accessible to all members and that members have a -reasonable right to communicate with all other members. This clause also provides for -members’ forums to be held twice a year to discuss issues raised by members -(clause 5(4)). - -Clause 6 establishes an additional strengthened mandatory obligation on the Party to -implement affirmative action measures for underrepresented groups. However, this -does not affect the election process for the State Council. - -
- 1. ## Purposes -
Drafting Panel commentary - Clause 1 on purposes is straightforward. -
- The purposes of the Party are: @@ -97,10 +32,6 @@ does not affect the election process for the State Council. 2. ## Policies and party strategy -
Drafting Panel commentary - Clause 2 on policy requires that party policy and the party strategy generally only be made by members through a participatory process, by consensus (or a 75% vote) of members participating. State Council can make a policy or the party strategy in urgent circumstances. The clause also reflects our existing hierarchy of national, state and local policies. -
- 1. Each state policy and the party strategy may only be made, amended or repealed by the membership, through participatory and deliberative processes, with the advice of experts and of @@ -141,10 +72,6 @@ does not affect the election process for the State Council. 3. ## Public office -
Drafting Panel commentary - Clause 3 is about members in public office and keeps the existing arrangements. It retains the conscience vote, requires members in public office at a particular level to attempt to reach consensus with each other, and requires members in public office to engage with branches and other party bodies wanting such engagement. -
- 1. A member may only be a candidate for public office, or hold public office, with the endorsement or permission of the Party. @@ -190,16 +117,6 @@ does not affect the election process for the State Council. 4. ## Decision-making -
Drafting Panel commentary - - Clause 4 introduces a new requirement that all decisions must be made in pursuit of - the party’s purposes (clause 4(1)). The clause sets out, in a more mandatory way than - in our current Constitution, the principles of consensus decision-making (clause 4(2) & - (4)). This clause also sets out new principles for the delegation of decision-making - (clause 4(3)). - -
- 1. Each decision of the Party must be made in pursuit of the purposes of the Party. @@ -248,10 +165,6 @@ does not affect the election process for the State Council. 5. ## Openness -
Drafting Panel commentary - Clause 5 sets out the entitlement of members to attend meetings, establishes a new requirement that meetings be accessible to all members and that members have a reasonable right to communicate with all other members. This clause also provides for members’ forums to be held twice a year to discuss issues raised by members (clause 5(4)). -
- 1. Each member is entitled to attend the meetings of each party body, except where: @@ -296,10 +209,6 @@ does not affect the election process for the State Council. 6. ## Affirmative action -
Drafting Panel commentary - Clause 6 establishes an additional strengthened mandatory obligation on the Party to implement affirmative action measures for underrepresented groups. However, this does not affect the election process for the State Council. -
- 1. The Party must: diff --git a/docs/constitution/02-branches.md b/docs/constitution/02-branches.md index 7c7a6f5..dba3147 100644 --- a/docs/constitution/02-branches.md +++ b/docs/constitution/02-branches.md @@ -1,100 +1,12 @@ --- title: "Part 2: Branches" original: - file: "AGV Constitution (2023-01-02) after end of transition.pdf" + file: "AGV Constitution 2024-03-06.pdf" pages: [5,6,7] --- -:::effectivefrom Timing -The provisions of this part of the Constitution come into force -on the transition date (1 January 2023) -::: - - -
- -Drafting Panel commentary - -At a glance - -* Provides for the establishment and geographic definition of branches. - -* Provides for members to be branch members. - -* Sets out branch responsibilities and powers. - -* Empowers branches to delegate their powers. - -* Provides ways for branches to hold State Council to account, including the - power to make joint branch proposals leading to a possible members’ meeting - and members’ plebiscite. - -* Provides for the suspension of branches. - -* [Schedule 1](./schedule-01-branch-meeting-procedure.md) provides Branch meeting procedures. - -Summary and Explanation - -This part largely reflects the current arrangements, with the exception that some of the -administrative and office-bearer requirements in the current Constitution have been -removed. For example, a small branch might choose to have only a -Convenor/Secretary, or a ‘Coordinator’, rather than having the full suite of office bearer -positions. - -State Council retains the power to establish and disestablish branches but would now -require the agreement of the relevant branches to redefine a branch area. The default -position is that a branch must be defined by local government boundaries (clause 7(4) -(c)). - -Clause 8 defines branch membership, which is essentially unchanged but is clarified. - -Clause 9 sets out the powers of branches, including powers to make local policies and -engage with the community. Branch decisions are subject to contrary State Council -decisions, and State Council may, but only temporarily, suspend the power of a branch -to make public statements. - -Clause 12 adds a new power for branches to formally submit a question to State -Council and receive an answer within 60 days. - -Clause 13 creates new powers for branches to propose a reconsideration proposal – to -propose to State Council that it rescind a State Council or senior party body decision -they don’t like. A branch can also forward a substantive proposal. If they do this, State -Council must consider what they have put forward, and if State Council does not agree, -it must explain why in writing. State Council can adopt a reconsideration proposal by a -simple majority. - -An example of a reconsideration-proposal in practice is: - - - -1. State Council decides by consensus in June to establish a Committee on Rural Policy; - -2. North-East Victoria Branch moves a reconsideration proposal in July because it thinks its voice was not - heard, and this new Committee will undermine the role of the Country Greens Network; - -3. State Council, at its August meeting is divided, but votes 8 to 7 in favour of - rescinding its earlier decision so it can consider the matter further; - -4. any further decision is made in the ordinary way. - - - -This makes it easier for branches to have the State Council reconsider a matter when it -may not have heard directly from a branch at an earlier meeting. - -Clause 16 allows the State Council to suspend a branch, but only in exceptional -circumstances and only for 60 days. - -
- 7. ## Constitution -
Drafting Panel commentary - State Council retains the power to establish and disestablish branches but would now - require the agreement of the relevant branches to redefine a branch area. The default - position is that a branch must be defined by local government boundaries (clause 7(4) - (c)). -
1. State Council may create or dissolve a branch. @@ -118,10 +30,6 @@ circumstances and only for 60 days. 8. ## Branch membership -
Drafting Panel commentary - Clause 8 defines branch membership, which is essentially unchanged but is clarified. -
- 1. Each member is a member of one branch. 2. State Council must make the procedure by which a member: @@ -141,13 +49,6 @@ circumstances and only for 60 days. 9. ## Responsibilities and powers -
Drafting Panel commentary - Clause 9 sets out the powers of branches, including powers to make local policies and - engage with the community. Branch decisions are subject to contrary State Council - decisions, and State Council may, but only temporarily, suspend the power of a branch - to make public statements. -
- 1. Each branch is responsible for: @@ -206,11 +107,6 @@ circumstances and only for 60 days. 12. ## Branch question to State Council -
Drafting Panel commentary - Clause 12 adds a new power for branches to formally submit a question to State - Council and receive an answer within 60 days. -
- 1. A branch may submit a question about a party matter to State Council. @@ -219,34 +115,6 @@ circumstances and only for 60 days. 13. ## Branch proposal to State Council -
Drafting Panel commentary - Clause 13 creates new powers for branches to propose a reconsideration proposal – to - propose to State Council that it rescind a State Council or senior party body decision - they don’t like. A branch can also forward a substantive proposal. If they do this, State - Council must consider what they have put forward, and if State Council does not agree, - it must explain why in writing. State Council can adopt a reconsideration proposal by a - simple majority. - - An example of a reconsideration-proposal in practice is: - - - - 1. State Council decides by consensus in June to establish a Committee on Rural Policy; - - 2. North-East Victoria Branch moves a reconsideration proposal in July because it thinks its voice was not - heard, and this new Committee will undermine the role of the Country Greens Network; - - 3. State Council, at its August meeting is divided, but votes 8 to 7 in favour of - rescinding its earlier decision so it can consider the matter further; - - 4. any further decision is made in the ordinary way. - - - - This makes it easier for branches to have the State Council reconsider a matter when it - may not have heard directly from a branch at an earlier meeting. -
- 1. A branch may submit to State Council: @@ -275,10 +143,6 @@ circumstances and only for 60 days. 14. ## Joint branch proposal to State Council -
Drafting Panel commentary - Clause 2 on policy requires that party policy and the party strategy generally only be made by members through a participatory process, by consensus (or a 75% vote) of members participating. State Council can make a policy or the party strategy in urgent circumstances. The clause also reflects our existing hierarchy of national, state and local policies. -
- A joint branch proposal to State Council may be submitted in accordance with Schedule 2. @@ -309,11 +173,6 @@ circumstances and only for 60 days. 16. ## Suspension -
Drafting Panel commentary - Clause 16 allows the State Council to suspend a branch, but only in exceptional - circumstances and only for 60 days. -
- 1. In exceptional circumstances, State Council may suspend a branch for up to 60 days. diff --git a/docs/constitution/03-state-council.md b/docs/constitution/03-state-council.md index 7a4f5a5..5537c48 100644 --- a/docs/constitution/03-state-council.md +++ b/docs/constitution/03-state-council.md @@ -1,103 +1,10 @@ --- title: "Part 3: State Council" original: - file: "AGV Constitution (2023-01-02) after end of transition.pdf" + file: "AGV Constitution 2024-03-06.pdf" pages: [7,8] --- -:::effectivefrom Timing -The provisions of this part of the Constitution come into force -on 1 February 2022, apart from clause 21(2) -::: - - -
- -Drafting Panel commentary - -At a glance - -* Provides for a 15-member State Council. - -* Sets out State Council’s responsibilities and powers. - -* State Council is responsible for the management of the Party. - -* Sets out each State Councillor’s responsibilities. - -* Empowers State Council to delegate its powers. - -* Provides for State Councillors’ vacation of office. - -* [Schedule 4](./schedule-04-powers-state-council-must-not-delegate.md) sets out the powers State Council cannot delegate. - -* [Schedule 5](./schedule-05-state-council-meeting-procedure.md) sets out State Council meeting procedures. - -* [Schedule 6](./schedule-06-state-council-elections.md) sets out State council election procedures. - -* [Schedule 8](./schedule-08-eligibility-requirements.md) sets out eligibility requirements for State Councillors. - -* (Schedules [2](./schedule-02-joint-branch-proposal-to-state-council.md) & [3](./schedule-03-members-direct-decision-making.md) describe joint branch proposals and members’ direct decision - making procedures, and are dealt with below.) - -Summary and Explanation - -The current State Council (which is the committee of management of the Party) has -some 70 odd members. Of these, 51 are elected one-per-branch, only at branch -meetings. Nine are appointed by State and Federal MPs and local councillors. Four -office bearers and the convenors of the Policy and Campaign Committees are elected -by all members. Finally, a number of positions are elected by members of the Upper -House regions with proportionately more members (presently Southern and Northern -Metro). There is also a State Executive (the office bearers, etc., plus 7 members -elected by and from State Council), all of whose decisions must be ratified by State -Council. Nearly all positions are elected annually. - -It is proposed that this be replaced by a State Council with 15 members. All 15 would -be elected by proportional representation by the entire membership for a two-year -term, with 7 elected one year and 8 elected the next. Every second year there would be -an electronic vote of all members, and in the other years the election would be from all -members but with a requirement that members attend an election deliberation session -at a branch meeting or online before they can cast their ballot (see [Schedule 6](./schedule-06-state-council-elections.md)). This -vote does not need to be cast at the meeting. An election deliberation session is a -discussion of (see [Schedule 6, item 6](./schedule-06-state-council-elections.md#election-deliberation-session)): - - - -1. the issues facing the Party and how they should be addressed - -2. the strengths and weaknesses of the current State Council; and - -3. the merits of the candidates in addressing those. - - - -The new State Council would have all the powers of the current State Council, except -there would be a mandatory requirement for a participatory and deliberative -consensus-based decision-making process to be established for policy and high-level -strategy. Public office holders at each level of government have the right to appoint a -nominee to attend and speak at meetings of State Council, and they cannot be -excluded from any confidential session. The same rights of representation apply to the -Party’s First Nations members, with a right in the First Nations party body (i.e. the -BlakGreens) to nominate two members to attend any meeting of the State Council. -(Schedule 5, item 6(2)). - -Clause 18 sets out the general powers of State Council. State Council must ensure that -the party has a party strategy and must establish party bodies and offices to assist it to -implement that strategy (clause 18(3)). - -Clause 18(6) requires State Councillors to make themselves aware of the requirements -of party governance and to prioritise their State Council work over other party -responsibilities. - -Clause 19 makes clear that State Council can delegate its powers to other bodies; for -example, to an election campaign management committee. However, [Schedule 4](./schedule-04-powers-state-council-must-not-delegate.md) sets -out a range of fundamental decisions that State Council cannot delegate. - -Clause 22 sets out how a State Councillor ceases to hold office. - -
- - 17. ## Constitution @@ -105,12 +12,6 @@ Clause 22 sets out how a State Councillor ceases to hold office. 18. ## Responsibilities and powers -
Drafting Panel commentary - Clause 18 sets out the general powers of State Council. State Council must ensure that - the party has a party strategy and must establish party bodies and offices to assist it to - implement that strategy (clause 18(3)). -
- 1. State Council is responsible for the management of the Party. 2. State Council may exercise all of the powers of the Party except @@ -141,12 +42,6 @@ Clause 22 sets out how a State Councillor ceases to hold office. 6. Each State Councillor must: -
Drafting Panel commentary - Clause 18(6) requires State Councillors to make themselves aware of the requirements - of party governance and to prioritise their State Council work over other party - responsibilities. -
- 1. become familiar with the Act, this Constitution, the party @@ -162,12 +57,6 @@ Clause 22 sets out how a State Councillor ceases to hold office. 19. ## Delegation -
Drafting Panel commentary - Clause 19 makes clear that State Council can delegate its powers to other bodies; for - example, to an election campaign management committee. However, [Schedule 4](./schedule-04-powers-state-council-must-not-delegate.md) sets - out a range of fundamental decisions that State Council cannot delegate. -
- 1. State Council may delegate its power, including this power to delegate, subject to any condition or limitation. @@ -194,10 +83,6 @@ Clause 22 sets out how a State Councillor ceases to hold office. 22. ## Vacation of office -
Drafting Panel commentary - Clause 22 sets out how a State Councillor ceases to hold office. -
- 1. A State Councillor ceases to hold office if: diff --git a/docs/constitution/04-constitutional-votes-committee.md b/docs/constitution/04-constitutional-votes-committee.md index a2ef55a..5b5dca3 100644 --- a/docs/constitution/04-constitutional-votes-committee.md +++ b/docs/constitution/04-constitutional-votes-committee.md @@ -1,49 +1,10 @@ --- title: "Part 4: Constitutional Votes Committee" original: - file: "AGV Constitution (2023-01-02) after end of transition.pdf" - pages: [8,9] + file: "AGV Constitution 2024-03-06.pdf" + pages: [8,9,10] --- -:::effectivefrom Timing -The provisions of this part of the Constitution come into force -on 1 February 2022 -::: - -
- -Drafting Panel commentary - -At a glance - -A 3-member Constitutional Votes Committee is responsible for the votes required by -the Constitution, which are State Council elections and members’ plebiscites. - -This Part sets out the Constitutional Votes Committee’s responsibilities and powers and -provides for appointment and vacation of office of members of the Constitutional Votes -Committee. - -[Schedule 8](./schedule-08-eligibility-requirements.md) sets out eligibility requirements for members of the Constitutional Votes -Committee. - -Summary and Explanation - -Part 4 creates the Constitutional Votes Committee (**Committee**). The general functions -of the 3-member Committee are to act like a returning officer for State Council elections -and for the process leading to and including members’ plebiscites. It is separate from -the State Council and responsible for establishing and enforcing rules and procedures -about the conduct of elections and votes under the Constitution. The independence of -the Committee is underlined by the fact that it is the only body whose decisions -override those of State Council (clause 18(5)). - -The Committee is not a general-purpose returning officer for other elections or -preselections; it can only do the tasks given to it by the Constitution. - -The procedures for the Committee and for what happens if the Committee has a -vacancy are set out in part 4. The eligibility requirements are set out in [Schedule 8](./schedule-08-eligibility-requirements.md). - -
- 23. ## Definition In this Part: diff --git a/docs/constitution/05-membership.md b/docs/constitution/05-membership.md index e7e5caf..9358ad6 100644 --- a/docs/constitution/05-membership.md +++ b/docs/constitution/05-membership.md @@ -1,41 +1,10 @@ --- title: "Part 5: Membership" original: - file: "AGV Constitution (2023-01-02) after end of transition.pdf" - pages: [10] + file: "AGV Constitution 2024-03-06.pdf" + pages: [10,11] --- -:::effectivefrom Timing -The provisions of this part of the Constitution come into force -on the transition date (1 January 2023) -::: - -
- -Drafting Panel commentary - -At a glance - -* Provides for starting and ending membership. - -* Allows for membership fees. - -* Provides for a grievance procedure. - -* Provides for a disciplinary procedure. - -Summary and Explanation - -Part 5 provides for a membership application process and membership fees (clauses -30 and 32). It also provides, as required by the relevant legislation, that State Council -must establish a procedure to deal with grievances ([clause 33](#grievance-procedure)) and for disciplinary -action ([clause 34](#disciplinary-action)). - -It is important to note that the relevant legislation provides that any grievance against -the State Council cannot be dealt with by the State Council itself. - -
- 30. ## Becoming a member diff --git a/docs/constitution/06-documentation.md b/docs/constitution/06-documentation.md index d55b2a9..8d5f8c1 100644 --- a/docs/constitution/06-documentation.md +++ b/docs/constitution/06-documentation.md @@ -1,46 +1,9 @@ --- title: "Part 6: Documentation" original: - file: "AGV Constitution (2023-01-02) after end of transition.pdf" - pages: [10,11] + file: "AGV Constitution 2024-03-06.pdf" + pages: [11,12] --- - -:::effectivefrom Timing -The provisions of this part of the Constitution come into force -on the transition date (1 January 2023) apart from -clauses 35 and 36 as they apply to the New State Council -::: - -
- -Drafting Panel commentary - -At a glance - - -* Requires certain party bodies to keep minutes in a certain way. - -* Requires certain party bodies to make their minutes available to members at all - times. - -* Provides rules for the redaction of those minutes. - -* Provides for a party handbook of current internal structural information about - the party that is available to members at all times. - -* Provides for a party archive of important party information and documentation. - -Summary and Explanation - -This part provides a new right of members to have access to minutes in a timely -manner (clause 35), and requires that minutes of State Council and senior party bodies -be in a form which enables a member to understand what was decided. - -State Council minutes must also include the branch questions and proposals put to State Council -along with State Council’s answers and responses to them (clause 35(4)). - -
- 35. ## Minutes of meetings diff --git a/docs/constitution/07-other-matters.md b/docs/constitution/07-other-matters.md index 8c61fcc..a04d4f8 100644 --- a/docs/constitution/07-other-matters.md +++ b/docs/constitution/07-other-matters.md @@ -1,42 +1,10 @@ --- title: "Part 7: Other matters" original: - file: "AGV Constitution (2023-01-02) after end of transition.pdf" + file: "AGV Constitution 2024-03-06.pdf" pages: [12,13] --- -:::effectivefrom Timing -The provisions of this part of the Constitution come into force -on the transition date (1 January 2023) apart from clause 40(1) -::: - -
- -Drafting Panel commentary - -At a glance - -* Provides for general meetings under the Act, including the annual general - meeting. - -* Sets out a list of other things that are helpful or required by the Act. - -Summary and Explanation - -The ‘general meeting’ is a meeting of all members as required by law. In particular, it is -the body that considers special resolutions, including those to change the Constitution -of the Party. - -The quorum of the general meeting to start and continue is reduced from -100 to 50, but for a special resolution to pass (e.g. to change the Constitution) it retains -the rule that 100 members must vote along with the legislatively required 75% in -favour. - -The only resolutions general meetings are empowered to pass are special -resolutions. - -
- 39. ## General meetings @@ -142,8 +110,7 @@ resolutions. 1. The First Nations party body is constituted by all First Nations members only. - 2. The terms of reference of the First Nations party body may only be amended by State Council -with the consent of the First Nations party body. + 2. The terms of reference of the First Nations party body may only be amended by State Council with the consent of the First Nations party body. 41. ## Miscellany diff --git a/docs/constitution/index.md b/docs/constitution/index.md index 7f23f93..a467321 100644 --- a/docs/constitution/index.md +++ b/docs/constitution/index.md @@ -8,11 +8,10 @@ sidebar_label: Index Constitution of ***The Australian Greens Victoria Inc.*** and The Charter of The Greens -Version as at 2 January 2023. +Version as at 6 March 2024. ABN 11 616 265 905 -*Associations Incorporation Reform Act 2012* registration number -A0027546F +*Associations Incorporation Reform Act 2012* registration number A0027546F
diff --git a/docs/constitution/schedule-01-branch-meeting-procedure.md b/docs/constitution/schedule-01-branch-meeting-procedure.md index 1f7d564..b918480 100644 --- a/docs/constitution/schedule-01-branch-meeting-procedure.md +++ b/docs/constitution/schedule-01-branch-meeting-procedure.md @@ -1,29 +1,10 @@ --- title: "Schedule 1: Branch meeting procedure" original: - file: "AGV Constitution (2023-01-02) after end of transition.pdf" + file: "AGV Constitution 2024-03-06.pdf" pages: [14] --- -:::effectivefrom Timing -The provisions of this schedule come into force -on the transition date (1 January 2023) -::: - -
- -Drafting Panel commentary - -Schedule 1 sets out the meeting procedure for Branches. - -The quorum for Branches with less than 15 members is set at 4. - -Branches can set their own procedures but State Council has the power to revoke -branch-decided procedures in exceptional circumstances (e.g. if a branch decided that -a branch office bearer would have an unlimited term). - -
- 1. ## Convening A branch meeting may be convened: diff --git a/docs/constitution/schedule-02-joint-branch-proposal-to-state-council.md b/docs/constitution/schedule-02-joint-branch-proposal-to-state-council.md index c7efcbe..555fee3 100644 --- a/docs/constitution/schedule-02-joint-branch-proposal-to-state-council.md +++ b/docs/constitution/schedule-02-joint-branch-proposal-to-state-council.md @@ -1,106 +1,10 @@ --- title: "Schedule 2: Joint branch proposal to State Council" original: - file: "AGV Constitution (2023-01-02) after end of transition.pdf" + file: "AGV Constitution 2024-03-06.pdf" pages: [15] --- -:::effectivefrom Timing -The provisions of this schedule come into force -on the transition date (1 January 2023) -::: - -
- -Drafting Panel commentary - -At a glance - -* Sets out the procedure for making a joint branch proposal leading to a possible - members’ meeting and members’ plebiscite. - -* Sets out the procedure for members’ direct decision-making meetings and - members’ plebiscites. - -* Aims to ensure that the State Council cannot act (or fail to act) in a manner - which is clearly against the will of the membership. - -Summary and Explanation - -This part of the Constitution sets out what happens if members are unhappy with a -decision (or non-decision) of State Council and want to have the decision made by the -membership instead. The proposal cannot go forward if it deals with certain limited -matters set out in Schedule 2, [item 2](#permitted-proposals-and-issues) (e.g. to employ or not employ or dismiss a -particular person, or to buy real estate). - -This procedure is best explained by an example. Example: if some members were -opposed to a $25,000 cut in our contributions to the Australian Greens, as decided by -State Council, what could they do? - -1. They could get three of our branches to each adopt a resolution proposing to - reverse the cut (Schedule 2, [item 1](#submitting)) and appoint a delegate of the branch. - -2. State Council would then have to decide whether or not to agree with what the - three branches proposed (Schedule 2, [item 3](#state-council-decision)). If State Council did what they - wanted, that would be the end of the process. - -3. If the State Council did not agree to what the three branches wanted, the three - delegates of the three Branches could require that a members’ meeting be - called (Schedule 2, [item 4](#branch-delegates-decision)). - -4. The issue and the proposal of the three branches then goes to a meeting open - to all members ([Schedule 3, Item 2](./schedule-03-members-direct-decision-making.md#members-meeting)) . The quorum is 50 members, and if that is - not reached, the matter goes to another meeting (i.e. a second attempt) within - 14 days. The purpose of the meeting is to attempt to develop a consensus - resolution of the issue. If that consensus is reached, the decision binds the - Party. For example, there might be consensus that a cut of only $10,000 to our - contribution will apply. - -5. The meeting can decide a number of things if consensus cannot be reached, or - if members decide to deal with the matter in particular ways ([Schedule 3, Item 2](./schedule-03-members-direct-decision-making.md#members-meeting)). These include: - - - - 1. The members might think the matter had no merit or should not go further – - two thirds present and voting can vote to stop further consideration of the - matter. - - 2. Members could decide to convene another meeting to consider the issue - further – a majority present and voting could vote to do this. - - 3. The members could decide to adopt a (non-binding) resolution – requiring a - two-thirds majority and 67 in favour (e.g., ‘this meeting recommends to - State Council that the cut in contributions be reversed next financial year’). - - 4. Members could vote to hold a members’ plebiscite on a question, but only if - there were enough members who wanted this. Therefore, this would need - two-thirds to vote in favour but also at least 67 members in favour. - - - -6. If the members’ meeting cannot reach consensus, and the meeting decides to - send a proposal to a members’ plebiscite, then subject to various procedural - requirements, the proposal is sent to all branches, and members get to vote, as - individuals, if they have attended their branch meeting or another meeting held - by the Constitutional Votes Committee to consider the merits of the proposal. - Proposals are not carried unless at least: - - - - 1. 60% of members vote in favour, and - - 2. the number of votes in favour exceeds the number opposed by at least 3% - of the membership (currently around 125)— - - 3. however, the vote fails if a majority of members voting in a majority of - branches vote against. - - - -7. If a proposal is carried, it is binding upon the State Council for 1 year. - -
- 1. ## Submitting diff --git a/docs/constitution/schedule-03-members-direct-decision-making.md b/docs/constitution/schedule-03-members-direct-decision-making.md index c631f4a..dd39a96 100644 --- a/docs/constitution/schedule-03-members-direct-decision-making.md +++ b/docs/constitution/schedule-03-members-direct-decision-making.md @@ -1,108 +1,10 @@ --- title: "Schedule 3: Members’ direct decision-making" original: - file: "AGV Constitution (2023-01-02) after end of transition.pdf" + file: "AGV Constitution 2024-03-06.pdf" pages: [16,17,18] --- -:::effectivefrom Timing -The provisions of this schedule come into force -on the transition date (1 January 2023) -::: - -
- -Drafting Panel commentary - -(duplicate of Schedule 2 commentary) - -At a glance - -* Sets out the procedure for making a joint branch proposal leading to a possible - members’ meeting and members’ plebiscite. - -* Sets out the procedure for members’ direct decision-making meetings and - members’ plebiscites. - -* Aims to ensure that the State Council cannot act (or fail to act) in a manner - which is clearly against the will of the membership. - -Summary and Explanation - -This part of the Constitution sets out what happens if members are unhappy with a -decision (or non-decision) of State Council and want to have the decision made by the -membership instead. The proposal cannot go forward if it deals with certain limited -matters set out in [Schedule 2, item 2](./schedule-02-joint-branch-proposal-to-state-council.md#permitted-proposals-and-issues) (e.g. to employ or not employ or dismiss a -particular person, or to buy real estate). - -This procedure is best explained by an example. Example: if some members were -opposed to a $25,000 cut in our contributions to the Australian Greens, as decided by -State Council, what could they do? - -1. They could get three of our branches to each adopt a resolution proposing to - reverse the cut ([Schedule 2, item 1](./schedule-02-joint-branch-proposal-to-state-council.md#submitting)) and appoint a delegate of the branch. - -2. State Council would then have to decide whether or not to agree with what the - three branches proposed ([Schedule 2, item 3](./schedule-02-joint-branch-proposal-to-state-council.md#state-council-decision)). If State Council did what they - wanted, that would be the end of the process. - -3. If the State Council did not agree to what the three branches wanted, the three - delegates of the three Branches could require that a members’ meeting be - called ([Schedule 2, item 4](./schedule-02-joint-branch-proposal-to-state-council.md#branch-delegates-decision)). - -4. The issue and the proposal of the three branches then goes to a meeting open - to all members ([Schedule 3, Item 2](#members-meeting)) . The quorum is 50 members, and if that is - not reached, the matter goes to another meeting (i.e. a second attempt) within - 14 days. The purpose of the meeting is to attempt to develop a consensus - resolution of the issue. If that consensus is reached, the decision binds the - Party. For example, there might be consensus that a cut of only $10,000 to our - contribution will apply. - -5. The meeting can decide a number of things if consensus cannot be reached, or - if members decide to deal with the matter in particular ways ([Schedule 3, Item 2](#members-meeting)). These include: - - - - 1. The members might think the matter had no merit or should not go further – - two thirds present and voting can vote to stop further consideration of the - matter. - - 2. Members could decide to convene another meeting to consider the issue - further – a majority present and voting could vote to do this. - - 3. The members could decide to adopt a (non-binding) resolution – requiring a - two-thirds majority and 67 in favour (e.g., ‘this meeting recommends to - State Council that the cut in contributions be reversed next financial year’). - - 4. Members could vote to hold a members’ plebiscite on a question, but only if - there were enough members who wanted this. Therefore, this would need - two-thirds to vote in favour but also at least 67 members in favour. - - - -6. If the members’ meeting cannot reach consensus, and the meeting decides to - send a proposal to a members’ plebiscite, then subject to various procedural - requirements, the proposal is sent to all branches, and members get to vote, as - individuals, if they have attended their branch meeting or another meeting held - by the Constitutional Votes Committee to consider the merits of the proposal. - Proposals are not carried unless at least: - - - - 1. 60% of members vote in favour, and - - 2. the number of votes in favour exceeds the number opposed by at least 3% - of the membership (currently around 125)— - - 3. however, the vote fails if a majority of members voting in a majority of - branches vote against. - - - -7. If a proposal is carried, it is binding upon the State Council for 1 year. - -
- 1. ## Definitions diff --git a/docs/constitution/schedule-04-powers-state-council-must-not-delegate.md b/docs/constitution/schedule-04-powers-state-council-must-not-delegate.md index 4ffd0ba..9390287 100644 --- a/docs/constitution/schedule-04-powers-state-council-must-not-delegate.md +++ b/docs/constitution/schedule-04-powers-state-council-must-not-delegate.md @@ -1,24 +1,10 @@ --- title: "Schedule 4: Powers State Council must not delegate" original: - file: "AGV Constitution (2023-01-02) after end of transition.pdf" + file: "AGV Constitution 2024-03-06.pdf" pages: [19] --- -:::effectivefrom Timing -The provisions of this schedule come into force -on 1 February 2022 -::: - -
- -Drafting Panel commentary - -See box under [Part 3](./03-state-council.md). Generally, the State Council can delegate its powers. This is a -list of powers it can only exercise itself. - -
- diff --git a/docs/constitution/schedule-05-state-council-meeting-procedure.md b/docs/constitution/schedule-05-state-council-meeting-procedure.md index ca03dd5..bbdb3e5 100644 --- a/docs/constitution/schedule-05-state-council-meeting-procedure.md +++ b/docs/constitution/schedule-05-state-council-meeting-procedure.md @@ -1,46 +1,10 @@ --- title: "Schedule 5: State Council meeting procedure" original: - file: "AGV Constitution (2023-01-02) after end of transition.pdf" + file: "AGV Constitution 2024-03-06.pdf" pages: [20,21] --- -:::effectivefrom Timing -The provisions of this schedule come into force -on 1 February 2022 -::: - -
- -Drafting Panel commentary - -See also box under [Part 3](./03-state-council.md). - -State Council procedure is set out in Schedule 5. The quorum is increased from the -current one-third of State Council to one-half of the current members (Schedule 5, -[item 3](#quorum)). - -As well as reconsideration proposals by branches (discussed above), there are two -types of proposal which can be put to State Council: - -* procedural proposals (about how the meeting runs) which require a simple - majority (50% +1) to pass, and - -* substantive proposals which can only be put to a vote if the discussion has - failed to reach consensus and the matter should not be deferred. When this is - the case, the proposal is carried if the proposal is supported by both two thirds - of those who vote, and at least half of the membership of State Council. This - contrasts with the current procedure for State Council which is that 75% must - first vote in favour of putting a substantive proposal to a vote and then the - substantive proposal is carried if 75% of those voting vote in favour. There is - currently no minimum requirement for the absolute number of votes in favour. - -A State Councillor may make another State Councillor their proxy, but only during two -periods totalling 5 weeks in a year (Schedule 5, [item 5](#proxies)). This allows State Councillors -to take approximately one month of leave from their State Council duties each year. - -
- 1. ## Convening A State Council meeting may be convened: diff --git a/docs/constitution/schedule-06-state-council-elections.md b/docs/constitution/schedule-06-state-council-elections.md index a67c48b..846d8df 100644 --- a/docs/constitution/schedule-06-state-council-elections.md +++ b/docs/constitution/schedule-06-state-council-elections.md @@ -1,47 +1,10 @@ --- title: "Schedule 6: State Council elections" original: - file: "AGV Constitution (2023-01-02) after end of transition.pdf" + file: "AGV Constitution 2024-03-06.pdf" pages: [22,23,24] --- -:::effectivefrom Timing -The provisions of this schedule come into force -on 1 February 2022 except for item 2(2) -::: - -
- -Drafting Panel commentary - -See box under [Part 3](./03-state-council.md). - -The election of State Councillors is overseen by an independent Constitutional Votes -Committee, which is dealt with in [Part 4](./04-constitutional-votes-committee.md). The Constitutional Votes Committee must -conduct the election under important principles set out in Schedule 6, [item 4](#4), including -prevention of unfair influence, equal treatment of candidates and informed voting. - -Schedule 6, [item 5](#election-rules), requires the Constitutional Votes Committee to establish rules for -the conduct of the election following the principles and procedures set out in detail in -item 4. - -Schedule 6, [items 3 and 4](#by-elections), set out that by-elections may only occur if there are 3 or -more casual vacancies. Otherwise (and thus usually) a vacancy is added to the -vacancies to be filled at the next scheduled (i.e. annual) election, with a procedure to -determine which candidates fill the full two-year terms and which fill a shorter term. - -[Schedule 8](./schedule-08-eligibility-requirements.md) sets out the requirements to be elected to State Council, the most -significant of which is to have been a member of the party for at least two years, to be a -current resident of Victoria, and not to have been in the past year a member who holds -public office. There are limitations also on staff of the Party or of a member who holds -public office being elected ([Schedule 7, Item 4](./schedule-08-eligibility-requirements.md#state-councillor)) and some other limitations. State -Councillors are limited to two terms before effectively needing to take a one year break -([Schedule 7, item 4(3)(a)](./schedule-08-eligibility-requirements.md#4.3.a)). - -For the system for electing the State Council, see [Part 3](./03-state-council.md) above. - -
- 1. ## Definitions 1. In this Schedule: @@ -292,8 +255,7 @@ For the system for electing the State Council, see [Part 3](./03-state-council.m - 3. Each candidate may only attend one deliberation session but - must not participate in the discussion. + 3. A candidate must not attend an election deliberation session. 4. The failure of a branch to hold an election deliberation session does not, alone, invalidate an election. diff --git a/docs/constitution/schedule-07-state-council-first-nations-appointment.md b/docs/constitution/schedule-07-state-council-first-nations-appointment.md index e097d3d..8791d43 100644 --- a/docs/constitution/schedule-07-state-council-first-nations-appointment.md +++ b/docs/constitution/schedule-07-state-council-first-nations-appointment.md @@ -1,7 +1,7 @@ --- title: "Schedule 7: State Council First Nations Appointment" original: - file: "AGV Constitution (2023-01-02) after end of transition.pdf" + file: "AGV Constitution 2024-03-06.pdf" pages: [25] --- diff --git a/docs/constitution/schedule-08-eligibility-requirements.md b/docs/constitution/schedule-08-eligibility-requirements.md index 80474e8..127896e 100644 --- a/docs/constitution/schedule-08-eligibility-requirements.md +++ b/docs/constitution/schedule-08-eligibility-requirements.md @@ -1,26 +1,13 @@ --- title: "Schedule 8: Eligibility requirements" original: - file: "AGV Constitution (2023-01-02) after end of transition.pdf" + file: "AGV Constitution 2024-03-06.pdf" pages: [26,27] --- -:::effectivefrom Timing -The provisions of this schedule come into force -immediately except for items 1, 2, and 3 -::: - -
- -Drafting Panel commentary - -See boxes under Parts 3, 4 and 5. - -
- 1. ## Membership - A person is eligible to be admitted as a member if they: + A person is eligible to be admitted as a member if they: 1. are a person, not a corporation; @@ -34,20 +21,11 @@ See boxes under Parts 3, 4 and 5. 2. ## Voting in a preselection - A member is eligible to vote in a preselection if they have been a - member of the Party or another Greens party for the last year. + A member is eligible to vote in a preselection if they have been a member of the Party or another Greens party for the last three months. 3. ## Voting in a State Council election - A member is eligible to vote in a State Council election if, when the - roll of voters is closed: - - 1. they have been a member of the Party or another Greens party for the - last year; and - - - - 2. in the case of a member who is not a candidate, and a scheduled election in an odd year or a by-election—they have attended an election deliberation session. + A member is eligible to vote in a State Council election if, when the roll of voters is closed, they have been a member of the Party or another Greens party for the last three months. 4. ## State Councillor elected under Schedule 6 @@ -65,15 +43,7 @@ See boxes under Parts 3, 4 and 5. - 2. A member is eligible for election as a State Councillor if they: - - - - 1. have been a member for the past two years, ignoring any gap of less than 30 days; and - - 2. live in Victoria. - - + 2. A member is eligible for election as a State Councillor if they live in Victoria. 3. A member is not eligible for election as a State Councillor if they: diff --git a/docs/constitution/schedule-09-definitions.md b/docs/constitution/schedule-09-definitions.md index 4cfa3fd..cbe6d4d 100644 --- a/docs/constitution/schedule-09-definitions.md +++ b/docs/constitution/schedule-09-definitions.md @@ -1,23 +1,10 @@ --- -title: "Schedule 8: Definitions" +title: "Schedule 9: Definitions" original: - file: "AGV Constitution (2023-01-02) after end of transition.pdf" + file: "AGV Constitution 2024-03-06.pdf" pages: [28] --- -:::effectivefrom Timing -The provisions of this schedule come into force -immediately -::: - -
- -Drafting Panel commentary - -Lists definitions of terms used in the Constitution. - -
- In this Constitution: ***Act*** means the *Associations Incorporation Reform Act 2012*; diff --git a/docusaurus.config.js b/docusaurus.config.js index 7f89e48..da3f217 100644 --- a/docusaurus.config.js +++ b/docusaurus.config.js @@ -267,7 +267,7 @@ const webpackPlugin = require('./webpackplugin'); ], }, ], - copyright: `Authorised by governance nerds everywhere, 1/45 William St, Melbourne, VIC 3000. Built with Docusaurus.`, + copyright: `Authorised by governance nerds everywhere, Suite 1.05 50 Queen St, Melbourne VIC 3000. Built with Docusaurus.`, }, prism: { theme: lightCodeTheme, diff --git a/static/pdf/AGV Constitution 2024-03-06.pdf b/static/pdf/AGV Constitution 2024-03-06.pdf new file mode 100644 index 0000000..f27a37d Binary files /dev/null and b/static/pdf/AGV Constitution 2024-03-06.pdf differ