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Schedule 8: Eligibility requirements

⌛Timing

The provisions of this schedule come into force immediately except for items 1, 2, and 3

Drafting Panel commentary

See boxes under Parts 3, 4 and 5.

  1. Membership​

    A person is eligible to be admitted as a member if they:

    1. are a person, not a corporation;

    2. reside in Victoria;

    3. support the purposes of the Partythe incorporated association referred to in clause 40(1); and

    4. are not a member of a political partya political party registered under Commonwealth, state or territory law that is not a Greens partyone of the member bodies of the Australian Greens.

  1. Voting in a preselection​

    A member is eligible to vote in a preselection if they have been a member of the Party or another Greens party for the last year.

  2. Voting in a State Council election​

    A member is eligible to vote in a State Council election if, when the roll of voters is closed:
    1. they have been a member of the Partythe incorporated association referred to in clause 40(1) or another Greens partyone of the member bodies of the Australian Greens for the last year; and
2.  in the case of a member who is not a candidate, and a scheduled election in an odd year or a by-election—they have attended an election deliberation session.

  1. State Councillor elected under Schedule 6​

    1. In this item, specified person or body means:

      1. the Partythe incorporated association referred to in clause 40(1);

      2. another political partya political party registered under Commonwealth, state or territory law;

      3. a member who holds public officeincludes a member elected or appointed to a public office where the term of that office is yet to begin; and

      4. a member of another political partya political party registered under Commonwealth, state or territory law who holds public officean elected office in a council or parliament.

    2. A member is eligible for election as a State Councillor if they:

      1. have been a member for the past two years, ignoring any gap of less than 30 days; and

      2. live in Victoria.

    3. A member is not eligible for election as a State Councillor if they:

      1. have held that office for two consecutive terms (of whatever length) and either they are still in office or they have not yet spent seven months out of office;

      2. are a member of the same branch as three continuing State Councillors;

      3. in the last year, have been a member of the Constitutional Votes Committee;

      4. in the last year, have been a member who holds public office;

      5. have been an employee or a member of the staff of a specified person or body and the period that has elapsed since they were last so employed is less than the cumulative total period for which they were so employed during the last two years;

      6. are a represented person within the meaning of the Guardianship and Administration Actthe Associations Incorporation Reform Act 2012 2019; or

      7. in the last five years, have been:

        1. suspended for a period of three months or more, or expelled, from the Partythe incorporated association referred to in clause 40(1) or another Greens partyone of the member bodies of the Australian Greens;

        2. insolvent under administrationhas the meaning given in the Interpretation of Legislation Act 1984, or the equivalent status under the law of another state or territory;

        3. disqualified under Australian law from managing a corporation or co‑operative; or

        4. imprisoned for an offence involving dishonesty.

  2. State Councillor appointed under Schedule 7​

    1. A member is eligible to be appointed as a State Councillor if they:

      1. are a First Nations member;

      2. are eligible for election as a State Councillor, excluding the requirements in items 4(3) (a), (b) and (g)(ii), (iii) and (iv).

    2. A member is not eligible to be appointed as a State Councillor if they:

      1. are insolvent under administrationhas the meaning given in the Interpretation of Legislation Act 1984, or the equivalent status under the law of another state or territory; or

      2. are disqualified under Australian law from managing a corporation or co-operative.

  1. Constitutional Votes Committee​

    1. A member is eligible to be appointed to the Constitutional Votes Committee if they:

      1. are eligible for election as a State Councillor, excluding the requirements in items 4(3)(a), (b) and (c);

      2. in the last year, have not been a State Councillor;

      3. are not a candidate, or a nominee to be a candidate, for election to State Council.

      4. are not currently seeking to be certified as eligible to be appointed as a State Councillor or to the pool under Schedule 7; and

      5. are not a member of the pool under Schedule 7.

    2. Sub-item (1) does not apply to an appointment under clause 28(4)(b).