Branch Representatives on State Council
Filling a Casual Vacancyincludes a vacancy caused by an office not being filled at an election for Regional Branch Representatives
Scope
This section of the by-law is made under clause 40.7 of the Constitution.
Where a casual vacancyincludes a vacancy caused by an office not being filled at an election occurs for a Branch Representative State Councillor elected under clause 40.2 (b) of the Constitution, i.e. elected from a Legislative Council region, the vacancy will be filled in accordance with this bylaw.
Process to Fill the Vacancy
If there is more than one vacancy, vacancies will be filled one at a time in accordance with the below.
The State Secretary will appoint two disinterested persons to determine which Branch in the Legislative Council region in question is the ‘most underrepresented’ by Branch Representatives.
In determining which Branch is ‘most underrepresented’, the two disinterested persons will be given access to a current database of members and will apply the following formula:
1. For each Branch assigned to the Legislative Council region in
question which has 15 or more members, a figure will be determined
which is the number of members in that Branch divided by the
number of currently serving Branch Representatives (both
Branch-elected and regionally-elected under clauses 40.2 (a)
and (b) of the Constitution respectively) registered as members of
that Branch;
2. The Branch with the highest figure will be determined to be the
‘most underrepresented’;The Branch identified above will be notified by the State Secretary and may then appoint a Branch Representative to fill the casual vacancyincludes a vacancy caused by an office not being filled at an election.
Election of Schedule 1 Branch Representatives
Scope
This section of the by-law is made under Schedule 1 clauses 4 and 6(c) of the Constitution.
Where there is an election for a Branch Representative State Councillor for a Schedule 1 Local Government Areahas the meaning given to the term municipal district in the Local Government Act 2020, i.e. the City of Greater Geelong, the Borough of Queenscliffe and the Shire of Yarra Ranges, the election will be conducted in accordance with this bylaw.
Process to Elect the Representative
The members in each Schedule 1 Local Government Areahas the meaning given to the term municipal district in the Local Government Act 2020 shall, if it has at least 15 members, elect one Branch Representative to State Council (including to a casual vacancyincludes a vacancy caused by an office not being filled at an election) by:
<subclause-letters>
1. a concurrent decision of all the Branches in existence within that
Local Government Area; or
2. failing a decision being reached, a postal or electronic ballot
of all the members in that Local Government Area.
</subclause-letters>
Participation and Alternate Representation
Scope
Process
If a Branch Representative elected under clause 40.2(a) of the Constitution is unable to attend a particular meeting of State Council, then their Branch may appoint a member (the proxy) to actthe Associations Incorporation Reform Act 2012 instead of the Branch Representative (the proxy giver) at that meeting, provided that the proxy is and will be eligible to be elected to the proxy-giver’s position on State Council.
The State Secretary must be notified of the proxy’s appointment by the Branch Convenor or Secretary, in writing, at least three days before the State Council meeting.
A Branch Representative may be a proxy giver no more than twice during the period between two consecutive Annual State Conferences.
No person may exercise more than one vote at State Council regardless of proxies.
Modification History
| Action | Body | Date |
|---|---|---|
| Approved | State Conference | 2014-09-06 |
| Amended | State Executive | 2019-06-20 |
| Amended | State Executive | 2019-08-26 |
| Amended | State Council | 2019-09-18 |