Schedule 3: Members’ direct decision-making

⌛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 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. Definitions

   In this Schedule:

   1. branch delegate has the meaning given in Schedule 2;

   2. Committee means the Constitutional Votes Committee;

   3. issue has the meaning given in Schedule 2;

   4. joint branch proposal has the meaning given in Schedule 2;

   5. meeting means members’ meeting;

   6. permitted proposal has the meaning given in Schedule 2; and

   7. plebiscite means members’ plebiscite.

2. Members’ meeting

   1. The purpose of a meeting is to:

      1. consider the joint branch proposal and the issue; and

      2. 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.

   2. 📅When calculating a period of days under this Constitution, the period from 24 December to 9 January is excluded.
      If a meeting is called for, State Council must convene one within 14 days.
   3. 📅When calculating a period of days under this Constitution, the period from 24 December to 9 January is excluded.
      State Council must give each member at least five days’ written notice of a meeting.

   4. The quorum for a meeting is 50 members.

   5. If a quorum is not present within 30 minutes after the set start time of a meeting:

      1. the meeting is cancelled; and

      2. 📅When calculating a period of days under this Constitution, the period from 24 December to 9 January is excluded.
         in the case of a meeting called for under Schedule 2, item 4—State Council must convene another one within 14 days.

   6. No meeting may be convened later than six weeks after the first quorate meeting.

   7. The types of proposal that may be put to a meeting are:

      1. a procedural proposala proposal about the proceedings of the meeting at which it is put;

      2. a proposal to call for another meeting;

      3. a proposal to end the meeting and not call for another;

      4. a proposal to make a non-binding resolutiona proposal that was passed;

      5. a proposal to initiate a plebiscite on a permitted proposal about the issue; and

      6. a permitted proposal about the issue (members’ meeting substantive proposalany proposal that is not a procedural or reconsideration proposal).

   8. A proposal under sub-item (7)(e) or (f) may only be passed 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 if at least 67 members are in attendance.

   9. A proposal that is put to a vote is passed if it meets the following requirements:

   Type	Requirements
   Procedural proposal	A majority of members in attendance who vote on the proposal vote in favour
   Proposal to call for another meeting
   Proposal to end the meeting and not call for another	A least two thirds of the members in attendance who vote on the proposal vote in favour
   Proposal to make a non-binding resolution
   Proposal to initiate a plebiscite	At least two thirds of the members in attendance who vote on the proposal, and at least 67 members, vote in favour
   Members’ meeting substantive proposal	At least 75% of the members in attendance who vote on the proposal, and at least 75 members, vote in favour

   10. If a proposal under sub-item (7)(e) or (f) is passed:

       1. the meeting is ended; and

       2. any other meeting called for is cancelled.

   11. If State Council passes the joint branch proposal:

       1. any meeting convened for the purpose of considering it is cancelled; and

       2. State Council must give each member written notice accordingly.

   12. State Council must keep minutes of each meeting and make them available to members.

3. Members’ plebiscite

   1. 📅When calculating a period of days under this Constitution, the period from 24 December to 9 January is excluded.
      If a plebiscite is initiated on a proposal different from the joint branch proposal, the three branch delegates may, within seven days, by unanimous agreement, decide that the joint branch proposal must also be included (***double plebiscite***).

   2. In the case of a double plebiscite, the Committee must decide whether:

      1. the two proposals are independent of each other; or

      2. one proposal is an alternative (alternative proposal) to the other (primary proposal).

   3. A plebiscite must be conducted in accordance with the following principles:

      1. freedom of debate and truthful communication;

      2. informed voting; and

      3. substantial compliance is sufficient compliance.

   4. If a plebiscite is initiated, the Committee must:

      1. give each member a document that sets out:

         1. the issue and the proposal(s);

         2. the financial implications (if any) of the proposal(s) being passed;

         3. arguments provided by members in favour of the proposal(s);

         4. arguments provided by members against the proposal(s); and

         5. State Council’s position (if any) regarding the proposal(s); and

      2. make reasonable efforts to see that each branch arranges for the proposal(s) to be properly considered and voted on.

   5. Arguments under sub-item (4)(a) must not be attributed to an author.

   6. 📅When calculating a period of days under this Constitution, the period from 24 December to 9 January is excluded.
      Within 60 days after each member is given the document in sub-item (4)(a):

      1. each branch must arrange for its members to consider and vote on the proposal(s) by show of hands and advise the Committee in writing of the results of the vote(s); and

      2. the Committee must convene at least five meetings for members to consider and vote on the proposal(s) by show of hands.

   7. Each member may vote in a plebiscite only once.

   8. The failure of a branch to arrange for its members to consider and vote on the proposal(s) does not, alone, invalidate a plebiscite.

   9. A proposal is passed if the following criteria are satisfied:

      1. at least 60% of the votes are in favour;

      2. the votes in favour exceed the votes against by at least 3% of the whole membership;

      3. it is not the case that a majority of members at a majority of branch meetings in which votes were cast voted against the proposal; and

      4. where the proposal in question is the alternative proposal in a double plebiscite—the primary proposal was not passed.

   10. The Committee must:

       1. declare whether each proposal (members’ plebiscite proposal) was passed; and

       2. make the results of the vote(s), generally and broken down by branch and other meetings, available to members.

   11. ❗This power must not be delegated.
       State Council must remove a proposal from a plebiscite if:

       1. it is not a permitted proposal about the issue;

       2. it would, if passed, be illegal or involve the Partythe incorporated association referred to in clause 40(1) in illegality; or

       3. it would, if passed, cause the Partythe incorporated association referred to in clause 40(1) to become insolvent or create a substantial risk that the Partythe incorporated association referred to in clause 40(1) will become insolvent.

   12. The Committee may, after hearing from the branch delegates and State Council, terminate a plebiscite or remove a proposal from a plebiscite if it considers that it has been rendered redundant.