Schedule 5: State Council meeting procedure

⌛Timing

The provisions of this schedule come into force on 1 February 2022

Drafting Panel commentary

See also box under Part 3.

State Council procedure is set out in Schedule 5. The quorum is increased from the current one-third of State Council to one-half of the current members (Schedule 5, item 3).

As well as reconsideration proposals by branches (discussed above), there are two types of proposal which can be put to State Council:

• procedural proposals (about how the meeting runs) which require a simple majority (50% +1) to pass, and

• substantive proposals which can only be put to a vote if the discussion has failed 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 matter should not be deferred. When this is the case, the proposal is carried if the proposal is supported by both two thirds of those who vote, and at least half of the membership of State Council. This contrasts with the current procedure for State Council which is that 75% must first vote in favour of putting a substantive proposalany proposal that is not a procedural or reconsideration proposal to a vote and then the substantive proposalany proposal that is not a procedural or reconsideration proposal is carried if 75% of those voting vote in favour. There is currently no minimum requirement for the absolute number of votes in favour.

A State Councillor may make another State Councillor their proxy, but only during two periods totalling 5 weeks in a year (Schedule 5, item 5). This allows State Councillors to take approximately one month of leave from their State Council duties each year.

1. Convening

   A State Council meeting may be convened:

   1. by any five State Councillors; or

   2. in accordance with any procedure made under item 7.

2. Notice

   State Council must give members as much notice of its meetings as it can.

3. Quorum

   The quorum for a State Council meeting is a majority of current State Councillors, but not fewer than five.

4. Proceedings

   1. A State Council meeting must decide its own agenda.

   2. The types of proposal that may be put to a State Council meeting are:

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

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 a reconsideration proposala proposal that a resolution of State Council or a senior party body be rescinded; and

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

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

   Type	Requirements
   Procedural proposal	A majority of State Councillors in attendance (except by proxy) who vote on the proposal vote in favour
   Reconsideration proposal	A majority of current State Councillors vote in favour
   Substantive proposal	At least two thirds of State Councillors in attendance who vote on the proposal, and a majority of current State Councillors, vote in favour

5. Proxies

   1. In this item, State Councillor means a State Councillor elected under Schedule 6.

   2. A State Councillor may appoint another State Councillor as their proxy to attend, speak and vote on their behalf at State Council meetings.

   3. The appointment of a proxy must be made, and may be terminated before or during its effective period, by written notice given to State Council.

   4. Each State Councillor, in each financial yearThe financial year of the Party is the year ending on 30 June., may appoint:

      1. one proxy for a specified period of up to five weeks; or

      2. two proxies, who may be different State Councillors, for two specified, non‑overlapping periods of up to five weeks in total.

   5. A State Councillor may only be the proxy of one other State Councillor at a time.

   6. A purported appointment of a proxy in breach of sub-item (3) or (4) is invalid.

   7. A proxy must not be directed how to vote.

6. Attendance

   1. Members who hold public officean elected office in a council or parliament at each of the federal, state and local levels of government may appoint a member to attend and speak on their behalf at each State Council meeting.

   2. The party body established for members who are First Nations people may appoint two of its members to attend and speak on its behalf at each State Council meeting.

   3. State Council may, by a procedural proposala proposal about the proceedings of the meeting at which it is put, require that members in attendance at a State Council meeting keep the contents of all or any part of that meeting confidential from other members.

   4. State Council must not limit the entitlement of a State Councillor, or a member appointed under sub‑item (1) or (2), to attend a State Council meeting.

7. Additional procedures

   State Council may, by a substantive proposalany proposal that is not a procedural or reconsideration proposal, make additional meeting procedures that are consistent with these procedures.