Part 4: Constitutional Votes Committee

⌛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 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 actthe Associations Incorporation Reform Act 2012 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.

23. Definition

    In this Part:

    1. Committee means the Constitutional Votes Committee; and

    2. constitutional vote period means the period:

       1. in the case of a State Council election—beginning at the opening of the nomination period and ending 30 days after the results are declared; and

       2. in the case of a members’ plebiscite—beginning when the resolutiona proposal that was passed to initiate the plebiscite is made and ending 30 days after the results are declared or when the plebiscite is terminated.

24. Constitution

    The Committee is made up of three members.

25. Responsibilities and powers

    1. The Committee is responsible for impartially conducting each:

       1. State Council election; and

       2. members’ plebiscite.

    2. The Committee has the powers necessary to carry out its responsibilities.

    3. The Committee may:

       1. assist branches to understand how to make a joint branch proposal;

       2. make information and statistics about State Council elections and members’ plebiscites available to members;

       3. request the assistance of any person or party body; and

       4. permit a member who is incapable of attending party meetings generally to vote in a State Council election even though they have not attended 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.
          .

    4. If, during the associated constitutional vote period, the Committee decides that a State Council election or members’ plebiscite has been or was unacceptably compromised, it must take remedial action, including by:

       1. winding it back to any point;

       2. terminating it;

       3. conducting a recount; and

       4. amending or declaring void its results.

    5. If a State Councillor is no longer eligible to be elected to that office, the Committee must declare that they are removed from office.

    6. If a member of the pool under Schedule 7, item 5 is no longer eligible to be appointed to the pool, the Committee must declare that their appointment to the pool is revoked.

    7. The Committee, and each member of the Committee in that capacity, must not:

       1. take direction from any person or party body; nor

       2. be offered, accept, or have imposed upon it or them, further duties.

    8. Each member of the Committee must give priority to their responsibilities as a member of the Committee over any other party responsibilities.

26. Delegation

    1. The Committee may delegate its power, except this power to delegate, subject to any condition or limitation, to a member of the Committee.

    2. The Committee must not delegate its power to:

       1. declare a State Councillor removed from office; or

       2. make election rules.

27. Procedure

    The Committee must make its own procedure.

28. Appointment

    1. ❗This power must not be delegated.
       State Council may, outside of a constitutional vote period, appoint a member to replace a member of the Committee.

    2. ❗This power must not be delegated.
       State Council must appoint a member to fill a vacancy on the Committee as soon as possible.

    3. Subclause (4) applies if:

       1. there are no members of the Committee; and

       2. either:

          1. 📅When calculating a period of days under this Constitution, the period from 24 December to 9 January is excluded.
             that has been the case for 30 days; or

          2. 📅When calculating a period of days under this Constitution, the period from 24 December to 9 January is excluded.
             more than 10 offices of State Councillor are vacant.

    4. If this subclause applies, the most senior party employee must:

       1. within 30 days, make every effort to appoint to the Committee a member who has previously been a member of the Committee; and

       2. failing that—appoint themselves to the Committee for a period of 90 days.

    5. The eligibility requirements for appointment as a member of the Committee are in Schedule 8.

29. Vacation of office

    A member of the Committee ceases to hold office if:

    1. they resign by giving written notice to State Council;

    2. they are replaced under clause 28(1); or

    3. they are removed from office under clause 18(4).