Part 3: State Council

⌛Timing

The provisions of this part of the Constitution come into force on 1 February 2022, apart from clause 21(2)

Drafting Panel commentary

At a glance

• Provides for a 15-member State Council.

• Sets out State Council’s responsibilities and powers.

• State Council is responsible for the management of the Partythe incorporated association referred to in clause 40(1).

• Sets out each State Councillor’s responsibilities.

• Empowers State Council to delegate its powers.

• Provides for State Councillors’ vacation of office.

• Schedule 4 sets out the powers State Council cannot delegate.

• Schedule 5 sets out State Council meeting procedures.

• Schedule 6 sets out State council election procedures.

• Schedule 8 sets out eligibility requirements for State Councillors.

• (Schedules 2 & 3 describe joint branch proposals and members’ direct decision making procedures, and are dealt with below.)

Summary and Explanation

The current State Council (which is the committee of management of the Partythe incorporated association referred to in clause 40(1)) has some 70 odd members. Of these, 51 are elected one-per-branch, only at branch meetings. Nine are appointed by State and Federal MPs and local councillors. Four office bearers and the convenors of the Policya statement of principle and intent about what government should do and Campaign Committees are elected by all members. Finally, a number of positions are elected by members of the Upper House regions with proportionately more members (presently Southern and Northern Metro). There is also a State Executive (the office bearers, etc., plus 7 members elected by and from State Council), all of whose decisions must be ratified by State Council. Nearly all positions are elected annually.

It is proposed that this be replaced by a State Council with 15 members. All 15 would be elected by proportional representation by the entire membership for a two-year term, with 7 elected one year and 8 elected the next. Every second year there would be an electronic vote of all members, and in the other years the election would be from all members but with a requirement that members attend an election deliberation sessiona discussion of:

1. the issues facing the Party and how they should be addressed;
2. the strengths and weaknesses of the current State Council;
3. the merits of the candidates in addressing those.

at a branch meeting or online before they can cast their 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’ (see Schedule 6). This vote does not need to be cast at the meeting. An election deliberation sessiona discussion of:

1. the issues facing the Party and how they should be addressed;
2. the strengths and weaknesses of the current State Council;
3. the merits of the candidates in addressing those.

is a discussion of (see Schedule 6, item 6):

1. the issues facing the Partythe incorporated association referred to in clause 40(1) and how they should be addressed

2. the strengths and weaknesses of the current State Council; and

3. the merits of the candidates in addressing those.

The new State Council would have all the powers of the current State Council, except there would be a mandatory requirement for a participatory and deliberative 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-based decision-making process to be established for policya statement of principle and intent about what government should do and high-level strategy. Public officean elected office in a council or parliament holders at each level of government have the right to appoint a nominee to attend and speak at meetings of State Council, and they cannot be excluded from any confidential session. The same rights of representation apply to the Partythe incorporated association referred to in clause 40(1)’s First Nations members, with a right in the First Nations party body (i.e. the BlakGreens) to nominate two members to attend any meeting of the State Council. (Schedule 5, item 6(2)).

Clause 18 sets out the general powers of State Council. State Council must ensure that the party has a party strategy and must establish party bodies and offices to assist it to implement that strategy (clause 18(3)).

Clause 18(6) requires State Councillors to make themselves aware of the requirements of party governance and to prioritise their State Council work over other party responsibilities.

Clause 19 makes clear that State Council can delegate its powers to other bodies; for example, to an election campaign management committee. However, Schedule 4 sets out a range of fundamental decisions that State Council cannot delegate.

Clause 22 sets out how a State Councillor ceases to hold office.

17. Constitution

    State Council is made up of 15 State Councillors.

18. Responsibilities and powers

    Drafting Panel commentary

    Clause 18 sets out the general powers of State Council. State Council must ensure that the party has a party strategy and must establish party bodies and offices to assist it to implement that strategy (clause 18(3)).

    1. State Council is responsible for the management of the Partythe incorporated association referred to in clause 40(1).

    2. State Council may exercise all of the powers of the Partythe incorporated association referred to in clause 40(1) except those of the Constitutional Votes Committee.

    3. In carrying out its responsibilities, State Council must:

       1. ensure that the Partythe incorporated association referred to in clause 40(1) has a party strategy;

       2. establish party offices and party bodies to assist it to implement the strategy;

       3. oversee the implementation of the strategy; and

       4. report regularly to each member about its work and the affairs of the Partythe incorporated association referred to in clause 40(1).

    4. ❗This power must not be delegated.
       If a member of the Constitutional Votes Committee is no longer eligible to be appointed to that office, State Council must declare that they are removed from office.

    5. A decision of the Constitutional Votes Committee overrides a decision of State Council to the extent of any inconsistency.

    6. Each State Councillor must:

       Drafting Panel commentary

       Clause 18(6) requires State Councillors to make themselves aware of the requirements of party governance and to prioritise their State Council work over other party responsibilities.

       1. become familiar with the Actthe Associations Incorporation Reform Act 2012, this Constitution, the party handbook and the party archive;

       2. conscientiously participate in the work of State Council; and

       3. give priority to their responsibilities as a State Councillor over any other party responsibilities.

19. Delegation

    Drafting Panel commentary

    Clause 19 makes clear that State Council can delegate its powers to other bodies; for example, to an election campaign management committee. However, [Schedule 4](/agvrules/constitution/schedule-04-powers-state-council-must-not-delegate) sets out a range of fundamental decisions that State Council cannot delegate.

    1. State Council may delegate its power, including this power to delegate, subject to any condition or limitation.

    2. State Council must not delegate the powers listed in Schedule 4.

    3. If State Council considers that the decisions of a party body it has established should be subject to reconsideration proposals, it must give it the status of senior party bodya party body given that status under clause 19(3).

20. Procedure

    The State Council meeting procedure is in Schedule 5.

21. Election and appointment

    1. Fourteen State Councillors are elected under Schedule 6.

    2. One State Councillor is appointed under Schedule 7.

    3. The eligibility requirements for election or appointment as a State Councillor are in Schedule 8.

    4. A member must not hold more than one office of State Councillor at the same time.

22. Vacation of office

    Drafting Panel commentary

    Clause 22 sets out how a State Councillor ceases to hold office.

    1. A State Councillor ceases to hold office if:

       1. they resign by giving written notice to State Council;

       2. the date specified in a notice under subclause (2) has arrived;

       3. they are removed from office under subclause (4);

       4. they are removed from office under clause 25(5);

       5. their appointment is revoked under Schedule 7, items 4(b) or 5(2)(b) or (3);

       6. their appointment is overridden by force of Schedule 7, item 6; or

       7. they are removed from office by special resolutiona special resolution of a general meeting passed in accordance with the Act and clause 39(11).

    2. A State Councillor may resign with effect on a specified date by giving written notice to State Council.

    3. Such notice must not be withdrawn.

    4. ❗This power must not be delegated.
       State Council may provide, in relation to subsequent State Council meetings only, that State Councillors are removed from office if they fail to attend a specified number of State Council meetings within a specified period.

    5. A State Councillor is not regarded as failing to attend a State Council meeting if:

       1. State Council has given them leave not to attend; or

       2. they have appointed a proxy to attend on their behalf.