Part 1: Fundamental matters

⌛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 officean elected office in a council or parliament,

  • how we make decisions,

  • the openness of our Partythe incorporated association referred to in clause 40(1), and

  • affirmative action.

• Sets out the hierarchy of policies (including Australian Greensthe Australian Greens (The Greens) Incorporated, incorporated under the *Associations Incorporation Act 1991* (ACT) with association number A02626 policies and local policies made by branches) (clause 2).

Summary and Explanation

Clause 1 on purposes is straightforward.

Clause 2 on policya statement of principle and intent about what government should do requires that party policya statement of principle and intent about what government should do and the party strategy generally only be made by members through a participatory process, 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 (or a 75% vote) of members participating. State Council can make a policya statement of principle and intent about what government should do 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 officean elected office in a council or parliament and keeps the existing arrangements. It retains the conscience vote, requires members in public officean elected office in a council or parliament at a particular level to attempt to reach 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 with each other, and requires members in public officean elected office in a council or parliament 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 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 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 Partythe incorporated association referred to in clause 40(1) 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 Partythe incorporated association referred to in clause 40(1) are:

   1. to further a vision of the world characterised by peace, social justice, grassroots participatory democracy and ecological sustainability;

   2. to make policies that are consistent with the CharterThe Charter of The Greens which is appended to the National Constitution;

   3. to win support for its policies;

   4. to see its policies implemented;

   5. to have its members elected to public officean elected office in a council or parliament;

   6. to be a member body of the Australian Greenshas the meaning given to the term in the National Constitution; and

   7. to cooperate with like-minded people and organisations.

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 policya statement of principle and intent about what government should do 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 members who hold public officean elected office in a council or parliament.

   2. A proposal to make, amend or repeal a state policya statement of principle and intent about what government should do or the party strategy that is put to a vote is passed if at least 75% of the members in attendance who vote on the proposal vote in favour and State Council ratifies it.

   3. If State Council does not ratify such a proposal at its next meeting, it must reopen the process that led to it.

   4. ❗This power must not be delegated.
      State Council may make, amend or repeal a state policya statement of principle and intent about what government should do or the party strategy in urgent circumstances.

   5. The policies of the Partythe incorporated association referred to in clause 40(1) are:

      1. the policies made by the Australian Greensthe Australian Greens (The Greens) Incorporated, incorporated under the *Associations Incorporation Act 1991* (ACT) with association number A02626 (national policies);

      2. the policies made by the Partythe incorporated association referred to in clause 40(1) except local policies (state policies); and

      3. the policies made by branches (local policies).

   6. State policies must be consistent with national policies.

   7. Local policies must be consistent with state and national policies.

   8. Each local policya statement of principle and intent about what government should do must apply only within the branch area of the branch that makes it.

3. Public officean elected office in a council or parliament

   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 officean elected office in a council or parliament, or hold public officean elected office in a council or parliament, with the endorsement or permission of the Partythe incorporated association referred to in clause 40(1).

   2. The Partythe incorporated association referred to in clause 40(1) may only give such endorsement or permission to a member.

   3. The preselection of a candidate for public officean elected office in a council or parliament in an electorate must, unless circumstances justify otherwise, be done by a ballota secret ballot that uses a single transferable vote quota-preferential voting system, allows the option of not allocating further preferences, uses Robson Rotation, and provides an option of voting to ‘Seek Further Candidates’ of the members living in:

      1. for an electorate other than a local government ward—that electorate; and

      2. for a local government ward—the whole local government areahas the meaning given to the term municipal district in the Local Government Act 2020.

   4. The eligibility requirements to vote in a preselection are in Schedule 8.

   5. Each member who holds public officeincludes a member elected or appointed to a public office where the term of that office is yet to begin must advocate and vote for the implementation of the policies of the Partythe incorporated association referred to in clause 40(1), except that, if they have a conscientious objection to a policya statement of principle and intent about what government should do, they may vote in accordance with their conscience.

   6. Where there are two or more members who hold public officean elected office in a council or parliament in a particular council or parliament, they must make every effort to reach 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 on each substantive matter before them.

   7. Each member who holds public officeincludes a member elected or appointed to a public office where the term of that office is yet to begin must, to a reasonable extent, engage with:

      1. each branch whose branch area overlaps with their electorate; and

      2. any party body that seeks their engagement.

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 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 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 Partythe incorporated association referred to in clause 40(1) must be made in pursuit of the purposes of the Partythe incorporated association referred to in clause 40(1).

   2. Each party meeting must be conducted in accordance with the following principles:

      1. participants should come with a commitment to reaching 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 and in a spirit of collaboration and collective responsibility;

      2. meaningful participation should be fostered by all participants;

      3. the expression of diverse views should be encouraged;

      4. enough time should be devoted to allow sufficient deliberation; and

      5. a properly made decision should be accepted by all.

   3. Each decision to delegate power must be made by balancing the following principles:

      1. the meaningful participation of members is valuable for its own sake;

      2. a decision with local effects should be made at the local level;

      3. decisions should be high-quality, strategic and effective; and

      4. decisions should be made efficiently.

   4. A substantive proposalany proposal that is not a procedural or reconsideration proposal may only be put to a vote if every effort has been made to reach 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 and the decision should not be deferred.

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:

      1. the decision that establishes the party body provides otherwise;

      2. the party body limits that entitlement by a procedural proposal; or

      3. in exceptional circumstances, State Council temporarily limits the entitlement of a particular member.

   2. Partythe incorporated association referred to in clause 40(1) meetings and events must be made as accessible to members as reasonably practicable, including by providing, where appropriate, a range of times and locations and an option to attend virtually.

   3. Each member is entitled, to a reasonable extent, to communicate with the whole membership about party matters through party communications and publications.

   4. At least twice each year, State Council must convene a members’ forum, to which each member is invited, at which:

      1. it reports on its work and the affairs of the Partythe incorporated association referred to in clause 40(1);

      2. it seeks members’ views about important matters, including party governance, the party budget, election campaign strategy, and the Australian Greensthe Australian Greens (The Greens) Incorporated, incorporated under the *Associations Incorporation Act 1991* (ACT) with association number A02626;

      3. it answers members’ questions; and

      4. issues raised by members are discussed.

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 Partythe incorporated association referred to in clause 40(1) must:

      1. implement affirmative action to achieve equity for underrepresented groups; and

      2. take special measures to increase representation for underrepresented groups across the overall membership of the following groups: State Councillors, members of senior party bodies, candidates for public officean elected office in a council or parliament and members who hold public officean elected office in a council or parliament.

   2. A special measurehas the meaning given in the Equal Opportunity Act 2010 must not be inconsistent with Schedules 6, 7 and 8.