Part 2: Branches

⌛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 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branches to propose a reconsideration proposala proposal that a resolution of State Council or a senior party body be rescinded – to propose to State Council that it rescind a State Council or senior party bodya party body given that status under clause 19(3) decision they don’t like. A branch can also forward a substantive proposalany proposal that is not a procedural or reconsideration 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Council can adopt a reconsideration proposala proposal that a resolution of State Council or a senior party body be rescinded by a simple majority.

An example of a reconsideration-proposal in practice is:

1. State Council decides by consensusthe circumstance in which no member of the party body who is in attendance objects to the proposal being passed, having been given the opportunity to do so in June to establish a Committee on Rural Policya statement of principle and intent about what government should do;

2. North-East Victoria Branch moves a reconsideration proposala proposal that a resolution of State Council or a senior party body be rescinded 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. ❗This power must not be delegated.
      State Council may create or dissolve a branch.

   2. Each branch corresponds with a branch area.

   3. ❗This power must not be delegated.
      State Council may, with the agreement of any affected branches, define a branch area.

   4. A branch area must:

      1. be defined only by geographical boundaries;

      2. not overlap with another branch area; and

      3. correspond to one or more local government areas, except where exceptional circumstances justify otherwise.

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:

      1. upon being admitted as a member, is made a member of a branch; and

      2. may be transferred to another branch.

   3. Each member must be a member of the branch in whose branch area they live or an adjacent branch, unless circumstances justify otherwise.

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:

      1. providing a forum for its members to discuss politics and party matters;

      2. engaging the community that lives within its branch area; and

      3. cooperating with other branches and party bodies.

   2. Each branch has:

      1. the powers necessary to carry out its responsibilities;

      2. the power to make local policies; and

      3. any powers delegated to it.

   3. State Council may temporarily limit the power of a branch to make a public statement.

   4. A decision of State Council or the Constitutional Votes Committee overrides a decision of a branch to the extent of any inconsistency.

10. Delegation

    1. A branch may delegate its power, including this power to delegate, subject to any condition or limitation.

    2. A branch must not delegate its power to:

       1. submit a reconsideration or substantive proposalany proposal that is not a procedural or reconsideration proposal, or a question, to State Council; or

       2. join in submitting a joint branch proposal to State Council.

    3. State Council may limit a branch’s power to delegate.

11. Procedure

    The branch meeting procedure is in Schedule 1.

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.

    2. ❗This power must not be delegated.📅When calculating a period of days under this Constitution, the period from 24 December to 9 January is excluded.
       Within 60 days of a question being submitted, State Council must answer it in writing.

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 consensusthe circumstance in which no member of the party body who is in attendance objects to the proposal being passed, having been given the opportunity to do so in June to establish a Committee on Rural Policya statement of principle and intent about what government should do;

    2. North-East Victoria Branch moves a reconsideration proposala proposal that a resolution of State Council or a senior party body be rescinded 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:

       1. a reconsideration proposala proposal that a resolution of State Council or a senior party body be rescinded; or

       2. a substantive proposalany proposal that is not a procedural or reconsideration proposal.

    2. A reconsideration proposala proposal that a resolution of State Council or a senior party body be rescinded must be submitted to State Council no later than 60 days after the resolutiona proposal that was passed to which it relates was made.

    3. Within 60 days of a proposal being submitted, State Council must:

       1. decide whether to pass the proposal; and

       2. if the proposal is not passed—explain in writing why it did not pass.

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.

15. Members’ direct decision-making

    1. The members’ direct decision-making procedure is in Schedule 3.

    2. A members’ meeting substantive proposala permitted proposal about the issue or members’ plebiscite proposal passed in accordance with Schedule 3 takes effect as a decision of State Council (members’ resolutiona proposal that was passed).

    3. ❗This power must not be delegated.
       For one year after a members’ resolutiona proposal that was passed is made, it must not be contradicted or undermined, except where State Council decides that:

       1. it is illegal, or has involved or will involve the Partythe incorporated association referred to in clause 40(1) in illegality;

       2. it will cause the Partythe incorporated association referred to in clause 40(1) to become insolvent or has created or will create a substantial risk that the Partythe incorporated association referred to in clause 40(1) will become insolvent; or

       3. exceptional circumstances justify otherwise.

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. ❗This power must not be delegated.
       In exceptional circumstances, State Council may suspend a branch for up to 60 days.

    2. A branch that is suspended may only convene a branch meeting in order to hold an election deliberation sessiona discussion of:

       1. the issues facing the Party and how they should be addressed;
       2. the strengths and weaknesses of the current State Council;
       3. the merits of the candidates in addressing those.
       or participate in a members’ plebiscite.