Mediation, Administrative Review and Misconduct

1. This bylaw is made under clauses 76.6, 76.7, 81.1, 85.1 and 96.1 of the Constitution. The authorising clause of the Constitution for each clause below appears in square brackets at the start of each clause. All references to clauses are to clauses of the Constitution unless stated otherwise.

[81.1] Mediation Panel

1. [81.1(a)] The following disclosures are excepted from the obligation imposed by clause 79.4:

   1. if the member has been assured by the intended recipient of the disclosure that they will keep the information confidential—to a close family member, partner or close friend for the purposes of personal support;

   2. to the police, the Victorian Equal Opportunity and Human Rights Commission, or other similar investigative person or body;

   3. to a counsellor for the purposes of counselling;

   4. to a registered health practitioner for the purposes of treatment;

   5. to an Australian legal practitioner for the purposes of legal advice;

   6. in court documents or proceedings, or as required by law;

   7. to a body of the AGVAustralian Greens Victoria appointed to conduct a review of the Partythe incorporated association referred to in clause 40(1)’s mediation or complaints system, for the purposes of that review;

   8. between members of the Mediation Panel, including those observing a mediation, for the purposes of mutual support, or training or oversight of mediators, subject to bias provisions; and

   9. between the Mediation Panel and the State Director, or their delegate, for the purpose of administrative support.

2. [81.1(b)] The following members are not eligible to be appointed to and remain a member of the Mediation Panel:

   1. a member of a parliamentarian’s paid staff; and

   2. a member who has been the subject of a sanction in the past 5 years.

3. [81.1(c)] The search for candidates for appointment to the Mediation Panel will adopt the following procedure:

   1. All members will be invited to express interest whenever a vacancy arises on the Panel by the Panel Convenor, or in their absence the State Convenor, placing a notice on the members’ website and the AGVAustralian Greens Victoria e-bulletin.

   2. State Council will appoint a member or ad hoc working group, as soon as practicable in each governance term, to consider expressions of interest received and then recommend one or more appointments.

   3. In determining their or its recommendation, the member or working group may interview potential candidates and must consider whether their knowledge of dispute resolutiona proposal that was passed, the party’s structure and operation, and operation of the panels, as well as their experience (both in and out of the Partythe incorporated association referred to in clause 40(1)), and personal background, cause them to be suitable for the role.

4. [81.1(c)] So far as is practicable, the Mediation Panel will be made up of:

   1. not more than 2 men;

   2. at least 1 member from a non-dominant culture in Australia; and

   3. not more than 1 member from any one branch.

5. [81.1(d)] The Mediation Panel should ensure that the members-only website contains a page updated at least every six months that records: the number of requests received by the Panel each year, and brief details of the outcome: for example, whether the interpersonal difficulty was resolved or not and whether an agreement was entered into.

6. [81.1(e)] When a request for mediation is received, the Mediation Panel must:

   1. ascertain the interpersonal difficulties being experienced by the members involved;

   2. ascertain the members’ preferred resolutiona proposal that was passed;

   3. provide the members involved with a copy of the Code of Conduct and ensure that they understand their obligations under the Code and other party rules, including regarding confidentiality; and

   4. unless exceptional circumstances prevent it, make arrangements for mediation within 21 days.

7. [81.1(e)] When exercising its power under clause 79.2, the Mediation Panel must require that, if an interpersonal difficulty is resolved by agreement between the parties at a mediation, the mediator must:

   1. give to each party a copy of any agreement entered into (unless otherwise agreed by the parties); and

   2. advise the Mediation Panel that the matter has been resolved.

8. [81.1(e)] The Mediation Panel must keep a confidential record of its work, including the above.

[85.1] Administrative Review Panel

1. [85.1(c)] It is recommended that the Administrative Review Panel should take—

   1. regarding applications relating to clause 92—

      1. at most, 14 days to deal with a straightforward application; and

      2. at most, 30 days to deal with a complex application;

   2. regarding all other applications—

      1. at most, 30 days to deal with a straightforward application; and

      2. at most, 90 days to deal with a complex application.

2. [85.1(d)] The following members are not eligible to be appointed to and remain a member of the Administrative Review Panel:

   1. a member who, in the past 12 months, has been:

      1. a local councillor;

      2. a member of a parliamentarian’s paid staff; and

   2. a member who has been the subject of a sanction in the past 5 years.

3. [85.1(e)] The search for candidates for appointment to the Administrative Review Panel will adopt the same procedure as for the Mediation Panel (as provided for in clause 3 of this bylaw).

4. [85.1(e)] So far as is practicable, the Administrative Review Panel will be made up of:

   1. not more than 3 men;

   2. at least 1 member from a non-dominant culture in Australia; and

   3. not more than 2 members from any one branch.

5. [85.1(h)] A member may not hold the position of Convenor of the Administrative Review Panel for more than 24 consecutive months.

6. [85.1(i)] The Convenor of the Administrative Review Panel must:

   1. keep and maintain a record of applications made to, and decisions made and reasons given by, the Administrative Review Panel; and

   2. ensure that the members-only website contains a page updated at least monthly that contains:

      1. a brief description of each application currently before the Administrative Review Panel;

      2. links to the decisions made and reasons given by the Administrative Review Panel in the previous 5 years; and

      3. a link to a document that records all of the current interpretations of the Constitution given by the Administrative Review Panel and State Council.

[96.1] Misconduct Panel

1. [96.1(a)] It is recommended that a Sub-Panel should take:

   1. at most, 30 days to deal with a straightforward application; and

   2. at most, 90 days to deal with a complex application.

2. [96.1(c)] The following bodies are excepted from the prohibition imposed by clause 89.3(c):

   1. the Probity Panel; and

   2. the Endorsement Review Committee.

3. [96.1(c)] The following disclosures are excepted from the obligation imposed by clause 89.6:

   1. if the member has been assured by the intended recipient of the disclosure that they will keep the information confidential—to a close family member, partner or close friend for the purposes of personal support;

   2. to the police, the Victorian Equal Opportunity and Human Rights Commission, or other similar investigative person or body;

   3. to a counsellor for the purposes of counselling;

   4. to a registered health practitioner for the purposes of treatment;

   5. to an Australian legal practitioner for the purposes of legal advice;

   6. in court documents or proceedings, or as required by law;

   7. to a body of the AGVAustralian Greens Victoria appointed to conduct a review of the Partythe incorporated association referred to in clause 40(1)’s misconduct or complaints system, for the purposes of that review;

   8. between members of the Misconduct Panel, including those observing an interview or hearing, for the purposes of mutual support, training or oversight, subject to bias provisions;

   9. between the Misconduct Panel and the State Director, or their delegate, for the purposes of administrative support; and

   10. to the Mediation Panel or an appointed mediator for the purposes of mediation.

4. [96.1(d)] The updates under clause 89.9(n) must be provided fortnightly.

5. [96.1(h)] The following members are not eligible to be appointed to and remain a member of the Misconduct Panel:

   1. a member of the Endorsement Review Committee;

   2. a member who, in the past 12 months, has been:

      1. a local councillor;

      2. a member of a parliamentarian’s paid staff; and

   3. a member who has been the subject of a sanction in the past 5 years.

6. [96.1(i)] The search for candidates for appointment to the Misconduct Panel will adopt the same procedure as for the Mediation Panel (as provided for in clause 3 of this bylaw).

7. [96.1(i)] So far as is practicable, the Misconduct Panel will be made up of:

   1. not more than 5 men;

   2. at least 3 members from a non-dominant culture in Australia; and

   3. not more than 2 members from any one branch.

8. [96.1(j)] Former members of the Misconduct Panel are disqualified from being eligible to be elected or appointed to the State Executive and the Victorian Campaign Committee for a period of one year after having been a member of the Misconduct Panel.

9. [96.1(l)] A member may not hold the position of Convenor of the Misconduct Panel for more than 24 consecutive months.

10. [96.1(m)] The power and duty to provide a Notice of Sanction to all members under clause 93.1 includes:

    1. ensuring that the members-only website contains a page, updated at least monthly that contains links to the Notices of Sanction provided in the previous 5 years;

    2. when a new Notice of Sanction is issued, it is provided to all members by ensuring that the e-bulletin includes a link to the Notice of Sanction page;

    3. if the Notice of Sanction includes a sanction against a state office bearer, state councillor, standing committee member, State Executive member or elected representative, ensuring that the notice in the e-bulletin includes which of these positions the person holds in the party.

Notices of Sanction will be stored on the members only website and distributed to all members via a link in the AGVAustralian Greens Victoria eBulletin.

1. [96.1(m)] The Convenor of the Misconduct Panel should ensure that the members-only website contains a page updated at least every six months that records: the number of allegations received by the Panel each year, and brief details of the outcome: for example, whether current, dismissed, proceeded to State Council hearing or appeal.

2. [81.1(d), 85.1(i), 96.1(m)] The Meditation Panel, the Misconduct Panel and the Administrative Review Panels should submit joint or individual reports to the final State Council meeting before the Annual State Conference. The reports should be brief and include data on the number of requests, allegations and applications received, outcomes, identified issues with organisational policya statement of principle and intent about what government should do and rules and any proposals for reform, as they see fit.

Modification History

Action	Body	Date
Approved	State Council	2019-05-02
Amended	State Council	2019-09-07
Amended	State Council	2020-02-22
Amended	State Council	2020-04-18
Amended	State Council	2020-05-16
Amended	State Conference	2020-11-07