Standing Orders of State Council

Note: excerpts or descriptions of the State Constitution are shaded in grey and are for reference only; such references do not themselves constitute Standing Orders.

Purpose

1. The Standing Orders, along with the State Constitution, are the principal source of procedural authority for meetings of State Council. All meetings of State Council are to be conducted within the framework provided by these Standing Orders. Adherence to these Standing Orders is required for the proper conduct of State Council meetings.

Agenda

The agenda is set by the State Secretary in line with the State Constitution and by-laws.

1. The agenda will specify the order and substance of matters for reporting or for debate.

2. The agenda will include the full text of any and all Proposals (see Standing Orders: Proposals).

3. The State Secretary may in framing the Agenda list a matter for “Discussion” or for “Formal Decision or Approval”. The agenda will include the words “For report only” or “Formal Decision or Approval” at agenda items where it is proposed that no discussion be entered into.

4. The name of the facilitator for any and all parts of any State Council meeting will appear in the agenda. The facilitator will be the State Convenor, or appointee of the State Convenor.

5. The agenda will specify that the beginning of each meeting will, before any substantive matters are discussed, include:

   1. an acknowledgement of traditional landowners;

   2. a reminder of the party’s Code of Conduct and complaints process and the contact person for that meeting;

   3. a determination by the facilitator of whether or not the meeting is quorate (see Standing Orders: Quorum);

   4. a declaration of observers;

   5. a report of State Councillors absent with apologies;

   6. the Proposal “that the proposed agenda and facilitators be agreed to”. To this Proposal, State Councillors may propose amendments to:

      1. select different facilitators for any particular agenda item;

      2. add agenda items;

      3. add or delete the words “For report only” as appropriate to any part of the agenda;

      4. move any items marked “For Formal Decision or Approval” to items for discussion; or

      5. propose a variation to the time allocation;

   7. a moment where the facilitator will ask State Councillors to disclose any material personal interest they have in relation to any scheduled agenda item. State Councillors must disclose any material personal interest in relation to any matter being considered at this point or as soon as they become aware of their interest in the matter. Any disclosure must:

      1. give details of the nature and extent of the interest;

      2. give details of the relation of the interest to the matter being considered; and

      3. be recorded in the minutes, with brief details.

Any State Councillor who has a material person interest must not be present, block 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 or vote while the relevant matter is being considered, and must disclose the nature and extent of their interest in the matter at the next State Conference.

Quorum

41.4 A quorum for a State Council meeting will be the next integer greater than one third the number of voting members of the State Council for the time being.

1. The facilitator will determine whether State Council is quorate at the beginning of every meeting. No decision of State Council is valid unless the facilitator has declared that the meeting is quorate.

2. State Council is deemed to be quorate until the meeting is closed by the facilitator, except if any State Councillor draws the attention of the facilitator to a possible lack of quorum at any time during a meeting, whereupon the facilitator will count State Councillors present to determine whether or not the meeting is still quorate.

Discussion

1. The facilitator will allow discussion at any point in the agenda where the words “For report only” or “For Formal Decision or Approval” do not appear. State Councillors should refrain from seeking recognition to speak during times that the facilitator has not opened discussion unless there is good reason to do so.

2. A State Councillor wishing to speak must indicate and be recognised by the facilitator before speaking.

3. If two or more State Councillors seek recognition to speak, the facilitator will keep a list and allow any State Councillor making a proposal to speak first and take any questions from the floor, and thereafter recognise State Councillors in the order in which recognition was sought. The facilitator will be flexible with the order of recognition of speakers (for example, in the interests of affirmative action or to ensure the maximum participation of all involved or to allow for discussion of different views).

4. The facilitator may choose to allow observers to address the meeting. If so, the above will apply.

5. The facilitator will have the right to speak at any time. Minimal discussion on substantive matters will be entered into by the meeting facilitator.

6. The facilitator will close discussion when the time allotted for the agenda item has expired. An extension of time will only be permitted if a procedural question is agreed to (see Standing Orders: Procedural Questions).

Order

1. State Councillors will at all times during meetings adhere to the Code of Conduct and also:

   1. respect the authority of the facilitator to facilitate debates and maintain order; and

   2. adhere to requests from the facilitator for silence at any point.

2. A point of order may be raised with the facilitator by any State Councillor at any time if the State Councillor believes the standing orders are being breached. After the point of order has been raised with the facilitator, debate on all other matters will be suspended until the facilitator has addressed the matter.

3. If the facilitator deems the frequency or substance of points of order from any one State Councillor to be deliberately vexatious, that State Councillor must abide by any request of the facilitator to cease raising points of order for a period of time stated by the facilitator.

Decision-making Process

1. Every proposed decision of State Council will:

   1. begin with the word “that”;

   2. be recorded in the minutes; and

   3. have the outcome recorded in the minutes in the terms “agreed to” or “not agreed to”.

2. For the purposes of the Standing Orders, all proposed decisions before State Council will be classified in one of two ways:

   1. proposals relating to substantive matters (see below); or as

   2. procedural questions relating to procedure (see below).

Proposals

1. Proposals are important questions of substance (not procedure) to which the principles of 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 decision-making will be fully applied.

2. Proposals will only be considered if:

   1. they appear in the agenda; or

   2. a procedural question to allow consideration is agreed to (Standing Orders: Procedural Questions); or

   3. a workshop held earlier during the meeting has constructed a Proposal that is directly relevant to the agenda item.

3. Proposals will be written.

4. Proposals will be numbered, with numbering beginning at 1 at the beginning of each new agenda item.

5. Proposals will be minuted consistently as follows:

   1. If a Proposal is dealt with in the usual way:

      1. PROPOSAL [number]: that [text of proposal in full].

      2. PROPOSAL [number][not] agreed to.

   2. If a Proposal lapses:

      1. PROPOSAL [number]: that [text of proposal in full].

      2. A procedural question, “that the proposal lapse”, was agreed to.

      3. PROPOSAL [number] lapsed.

   3. If a Proposal is deferred:

      1. PROPOSAL [number]: that [text of proposal in full].

      2. A procedural question, “that the Proposal be considered at [a later time this day / the next meeting]”, was agreed to.

      3. PROPOSAL [number] deferred.

   4. If a Proposal is put to a vote as required by a procedural question being agreed to:

      1. PROPOSAL [number]: that [text of proposal in full].

      2. PROPOSAL [number] not agreed to.

      3. A procedural question “that the proposal be put to a vote” was agreed to.

      4. PROPOSAL [number] was put to a vote and was [not] agreed to ([number] Ayes; [number] Noes; [number] Abstentions).

48.3 A substantive motion carried by vote, unless provided for elsewhere in the Constitution, requires at least a 75 per cent majority of votes cast. Abstentions may be recorded but will not count as a vote, either for or against

Amendments to Proposals

1. Amendments to Proposals will, if longer than ten words, be written.

2. Amendments will be determined by 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 or, if required, by straw poll (50% +1 required to carry).

3. If an amendment is accepted, the original Proposal as amended, becomes the substantive Proposalany proposal that is not a procedural or reconsideration proposal, otherwise the original Proposal stands.

4. Further amendments, if any, will be dealt with sequentially as above, provided that:

   1. amendments to amendments (other than grammatical improvements) will not be permitted; and

   2. concurrent consideration of two or more amendments will not be permitted.

5. When all amendments raised have been determined, the substantive Proposal (as amended or not) is put for determination by the meeting according to normal decision making procedures.

Procedural questions

1. Procedural questions are administrative in nature and must be dealt with immediately once raised.

2. Procedural questions may be raised by any State Councillor at any time. If the facilitator deems the frequency or substance of procedural questions from any one State Councillor to be deliberately vexatious, that State Councillor must abide by any request of the facilitator to cease raising procedural questions for a period of time stated by the facilitator.

3. Once a procedural question is raised by a State Councillor, that State Councillor may briefly state a reason for raising it and the facilitator must then immediately ask State Councillors if there is any dissent to the procedural question being agreed to. Following this:

   1. if there is no dissent, the procedural question is agreed to; or

   2. if there is dissent, the facilitator may allow the reasons for dissent to be stated briefly, then must ask for a show of hands of State Councillors. A simple majority is required for the procedural question to be agreed to, with the exception of the procedural questions to put a proposal to a vote or to suspend Standing Orders, which require a 75% super majority for the procedural question to be agreed to.

4. Procedural questions will only take the form of one of the following phrases or of those referred to elsewhere in these Standing Orders:

   1. “that time for discussion on the Proposal now expire”

      1. The effect of this procedural question being agreed is to require the facilitator to immediately test for 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 on the Proposal, that is, to end any discussion immediately.

      2. It should not be used in an attempt to silence dissent, and generally should only be used if the time allotted to debate is nearing its end.

   2. “that the Proposal be considered at a later time this day”

      1. The effect of this procedural question being agreed is to require the State Secretary to schedule time later in the day for further consideration of the Proposal at hand.

   3. “that the Proposal be considered at the next meeting”

      1. The effect of this procedural question being agreed is to require the State Secretary to include the Proposal, in its exact form, on the agenda for the next State Council meeting.

   4. “that the matter be considered at the next meeting”

      1. The effect of this procedural question being agreed is to require the State Secretary to schedule time on the agenda for the next State Council meeting for debate on the substantive matter at hand, but allows flexibility for the redrafting of any Proposals.

   5. “that the Proposal lapse”

      1. The effect of this procedural question being agreed is to defeat, rather than defer, a Proposal, without first testing for 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. It should only be put if it has become apparent that a decision on the matter is not required.

   6. “that Proposal [number] be now considered”

      1. The effect of this procedural question being agreed is to consider a Proposal in a different order to that stated on the agenda.

   7. “that the Proposal be put to a vote”

      1. The effect of this procedural question being agreed is to put the Proposal at hand to a vote.

      2. It should only be put for the reasons stated in the State Constitution; that is, that “if, after a reasonable period of time, disagreement persists and a decision cannot be deferred, the question will be resolved by vote.”

48.2: Except where this Constitution requires a decision to be made by 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 only, if, after a reasonable period of time, disagreement persists and a decision should not be deferred, the question of moving to a vote on a substantive motion will be resolved by vote. The procedural question to this effect will be deemed to have been carried if it is supported by at least a 75 per cent majority.

1. “that the names and votes of State Councillors voting be recorded”

   1. The effect of this procedural question being agreed is for the names of those State Councillors voting for, against, or abstaining from the previous Proposal, to be recorded in the minutes.

   2. The procedural question must be put within five minutes of the facilitator declaring the outcome of the Proposal in question.

   3. In the event that the list of names by vote type contradicts the total recorded in the minutes, the totals will be amended to reflect the list.

2. “that a Proposal regarding [very short description of substance of proposal] be considered”

   1. The effect of this procedural question being agreed is for State Council to consider a Proposal that did not appear on the agenda.

3. “that consideration of this agenda item be extended for [number] minutes”

   1. The effect of this procedural question being agreed is to extend time for discussion beyond the time allowed for in the agenda.

4. “that the words ‘For report only’ be removed from the agenda”

   1. The effect of this procedural question being agreed is to open discussion at a time when the agenda does not allow for open discussion (see Standing Orders: Discussion).

   2. In all but the most important of cases, State Councillors should only seek to have the words “For report only” removed from parts of the agenda at the beginning of the meeting.

5. “that the ruling of the facilitator be overturned”

   1. The effect of this procedural question being agreed is to overturn the facilitator’s most recent ruling on a procedural matter.

   2. It must only be raised in the most serious of cases.

6. “that the facilitator step down”

   1. The effect of this procedural question being agreed is to require the facilitator to step down, and for the State Convenor to choose another facilitator.

   2. It must only be raised in the most serious of cases.

7. “that [Name] cease raising procedural questions”

   1. The effect of this procedural question being agreed is to disallow any one State Councillor from raising procedural questions for the rest of the meeting.

   2. It must only be raised in the most serious of cases.

8. “that the standing orders be suspended for [number] minutes to allow for [details of matter]”

   1. The effect of this procedural question being agreed is to suspend the standing orders for a determined amount of time.

9. “that the meeting go in camera to discuss [details of matter]” and, if necessary, “and that [observers’ names] be permitted to stay due to [short rationale]”

   1. The effect of this procedural question being agreed is for the meeting to go in camera and, if necessary, for certain observers to be permitted to stay.

   2. This procedural question should only be raised when absolutely necessary.

1. Procedural questions will be minuted consistently as follows:

A procedural question, “that [text of question]”, was [not] agreed to.

1. Unlike for the recording of the outcomes of Proposals, if procedural questions are put to a vote by show of hands, votes, including abstentions, are not recorded in the minutes.

Items for Discussion

1. As far as reasonably practicable items listed for Discussion should fall into two categories:

   1. Items listed for short discussion, which generally should be:

      1. very limited in number;

      2. limited to 10 minutes duration; and

      3. either uncontroversial (e.g. a motion of thanks, which it would be inappropriate to put through without consideration) or necessary (e.g. because the information on which a recommendation could be based could only be available at the last minute, such as legal advice or a cost-quote, but where the matter was otherwise uncontroversial).

   2. Items listed for full discussion, which should generally:

      1. be no more than 3 or 4 in number;

      2. be given a minimum of one hour each on the Agenda, or a workshop plus at least half an hour; and

      3. as far as practicable, contain a brief summary of:

         1. the history of the matter;

         2. the contending views. (Only in unusual circumstances should a matter be listed for major discussion where there were no serious and contending views. As far as practicable, where there are contending views, any proposals which those holding those contending views would like to see adopted, should be circulated); and

         3. links to relevant articles etc.

2. Proposals with budgetary implications must indicate where changes to income and/or expenditure would need to be made in order to balance the current budget.

3. It is the particular responsibility of State Councillors representing Branches to report before the meeting on what the issues are which are listed for major discussion, and on the outcomes of these discussions.

Decisions and Recommendations of Standing Committees

1. For a Decision or Recommendation to be on notice, it must have been drawn to the attention of State Councillors by way of a Notice Paper that lists all of the Decisions and Recommendations made by the Standing Committees since the last State Council meeting 7 clear days prior to State Council.

2. Where a decision or recommendation of a Standing Committee has been omitted or abridged in part or whole, for reasons of confidentiality, any State Councillor may request that the full decision or recommendation be made available to them.

Decisions of Standing Committees

1. All Decisions made by Standing Committees which are “on notice” shall not unless listed be the subject of any consideration by State Council unless formal objection is received from either:

   1. Three members of State Council (extending beyond the membership of one Branch) given in writing to the State Secretary and to the Convenor of the relevant Standing Committee at least 2 clear days prior to the meeting (e.g. Wednesday for a Saturday meeting), or

   2. Ten members of state council given in writing to the State Secretary and to the Convenor of the relevant Standing Committee, if present, (and in any case the facilitator of the meeting) within 30 minutes of the commencement of the meeting;

and stating the Decision to which objection is taken and briefly stating the grounds of objection.

1. State Councillors must not object pro forma.

2. The giving of this notice shall permit a procedural proposala proposal about the proceedings of the meeting at which it is put to be put as follows by “That State Council considers proposals for the disallowance or amendment of the [identified] Decision of the [named] Standing Committee”.

3. After allowing not less than one speaker in favour of the procedural proposal, it shall be put to a vote, and if carried, the Agenda of that meeting will be altered accordingly.

4. Any Decisions of any Standing Committee which have been made but are not “on notice” must (unless confidential – see above) either be read out to the State Council meeting or distributed early in the meeting in written form. In these circumstances the procedural resolutiona proposal that was passed described above may be moved by any State Councillor during the meeting. (Note- this is a reason why as a general proposition Standing Committee meetings should be held at least 10 days before State Council.)

Recommendations of Standing Committees

1. All the recommendations of standing committees which are on notice and which are listed “For Formal Approval” shall be put to State Council as a single proposal in the following form, for which 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 shall be tested: “That all recommendations on notice of Standing Committees not listed for discussion, and listed only for formal approval, be approved.” If formal objection is received from 3 State Councillors (not all being from one Branch) in writing to the Secretary (with a copy to the Convenor of the relevant Standing Committee) at least 2 clear days prior to State Council, the relevant recommendations shall be included as normal agenda items.

2. If 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 is not reached on the proposal described above (“That all recommendations on notice of Standing Committees not listed for discussion, and listed only for formal approval, be approved”) discussion will be adjourned forthwith, after the facilitator has determined which State Councillors object to which recommendation(s), and the testing for 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 on the remaining Recommendations to which no objection is taken. It shall then be the responsibility of the State Secretary or Assistant State Secretary, the State Councillors and the Convenors (or if absent other members) of the relevant Standing Committee to discuss in respect of each objection:

   1. Whether there is an amendment which does not alter the character of the proposal but which can meet the objection, and that 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 be sought on that revised version of the recommendation; or

   2. Whether it should be referred back to the Standing Committee for further consideration;

   3. Whether the item needs to be listed for discussion, and if so at the present meeting or at a later meeting.

It is the responsibility of the State Secretary or Assistant Secretary (as the case may be) to bring back to the meeting a procedural proposal for a course of action in respect of each Recommendation, consistent with the above.

1. Recommendations which do not meet the definition of on notice (7 clear days) must either be listed for discussion, or deferred to the next meeting.

2. Recommendations from the State Executive are to be treated in the same manner as recommendations from a Standing Committee. This is by way of distinction from Decisions of the Executive, which require ratification.

Modification History

Action	Body	Date
Approved	State Council	2011-02-26
Amended	State Council	2011-12-10
Amended	State Council	2012-06-23
Amended	State Council	2019-02-02
Amended	State Council	2019-07-06
Amended	State Executive	2019-07-18
Amended	State Executive	2019-08-15
Amended	State Council	2019-09-18
Amended	State Executive	2019-09-19
Amended	State Council	2019-10-02