Schedule 2: Joint branch proposal to State Council

⌛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 actthe Associations Incorporation Reform Act 2012 (or fail to actthe Associations Incorporation Reform Act 2012) 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 (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 Greensthe Australian Greens (The Greens) Incorporated, incorporated under the *Associations Incorporation Act 1991* (ACT) with association number A02626, as decided by State Council, what could they do?

1. They could get three of our branches to each adopt a resolutiona proposal that was passed proposing to reverse the cut (Schedule 2, item 1) 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). 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).

4. The issue and the proposal of the three branches then goes to a meeting open to all members (Schedule 3, Item 2) . 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 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 resolutiona proposal that was passed of the issue. If that 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 is reached, the decision binds the Partythe incorporated association referred to in clause 40(1). For example, there might be 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 that a cut of only $10,000 to our contribution will apply.

5. The meeting can decide a number of things if 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 cannot be reached, or if members decide to deal with the matter in particular ways (Schedule 3, Item 2). 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) resolutiona proposal that was passed – 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 yearThe financial year of the Party is the year ending on 30 June.’).

   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 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 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

   1. A joint branch proposal may be submitted to State Council (joint branch proposal).

   2. 📅When calculating a period of days under this Constitution, the period from 24 December to 9 January is excluded.
      A joint branch proposal is made up of identical resolutions of three branches (***moving branches***) made within 60 days, in which at least 30 members participated, that set out:

      1. a proposal permitted by item 2(1); and

      2. an issue permitted by item 2(3) that the proposal seeks to address (issue).

   3. Each moving branch must appoint one of its members to represent it in respect of the joint branch proposal (branch delegate) and may at any time replace them.

2. Permitted proposals and issues

   1. A proposal is permitted if (permitted proposal):

      1. it is within the power of State Council; and

      2. it is not prohibited.

   2. A proposal is prohibited if:

      1. it involves the exercise of a power that State Council must not delegate;

      2. it makes or resolves not to make a decision in respect of:

         1. disciplinary action

            1. a member is suspended for a specified period; or
            2. a member is expelled.
            or a dispute under the grievance procedure;

         2. amending the disciplinary procedureState Council must make the procedure under which disciplinary action may be taken (disciplinary procedure) or the grievance procedure;

         3. employment by the Partythe incorporated association referred to in clause 40(1); or

         4. appointment to or removal from a party office or party body; or

      3. it relates to:

         1. the Partythe incorporated association referred to in clause 40(1)’s interest in real property;

         2. loans given or taken by the Partythe incorporated association referred to in clause 40(1); or

         3. legal proceedings or anticipated legal proceedings.

   3. An issue is permitted if it is not the same or substantially similar to an issue that, in the last year, was considered by a members’ meeting.

3. State Council decision

   ❗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 30 days of a joint branch 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.

4. Branch delegates’ decision

   📅When calculating a period of days under this Constitution, the period from 24 December to 9 January is excluded.
   If State Council decides not to pass a joint branch proposal, the three branch delegates may, within 30 days, by unanimous agreement, call for a members’ meeting by written notice given to State Council.