Probity

Definitions

Election Period: Defined as the period from when nominations for any election are opened until the election occurs.

Probity Check: A probity check investigates the background of an individual to determine their suitability to be a candidate.

Decision-making period: The period when the Probity Panel considers and comes to a decision about a nominee being the time commencing when all probity-related nomination documentation has been sent to the Probity Panel, and concluding when a probity decision has been reported to the Returning Officer.

Probity Panel

1. There shall be established a Probity Panel whose duty it is to carry out all probity checks on all nominees for external positions.

2. The purpose of the Probity Panel is to judge the suitability of members who nominate to stand as candidates in external elections. In so doing, it is not the task of the Probity Panel to make conclusive findings of fact in relation to any matter adverse to a nominee, nor is this necessary for the Probity Panel to reject a nomination.

3. Noting that the AGVAustralian Greens Victoria Constitution states [at 8.1] that “All AGVAustralian Greens Victoria Members are entitled to the following benefits: … (f) To be eligible to seek nomination for public officean elected office in a council or parliament as a candidate for the Greens (NCNational Council 9.8), subject to clause 56.13”,

   probity should only be rejected where there are compelling and serious reasons why, in the interests of the AGVAustralian Greens Victoria, the member should be deemed not suitable to stand as a candidate.

4. The paramount duty of the Probity Panel is to make decisions in the best interests of the AGVAustralian Greens Victoria. The Probity Panel will, in this regard, consider the values, policya statement of principle and intent about what government should do positions and political imperatives of the party in making all decisions.

Probity Panel Composition

1. There will be a minimum of 11 people appointed to the Probity Panel.

2. Probity Panel members will be appointed by State Council, as per Schedule 1, for a term of 2 years. Their terms will run from the date of appointment to two years from the date of their appointment.

3. Members of the Probity Panel and any Sub-Panels should to the greatest extent possible be disinterested persons in relation any matter they consider.

4. The Probity Panel will appoint its convenor and secretary.

5. All Probity Panel members must be members of the Partythe incorporated association referred to in clause 40(1).

6. A Probity Sub-Panel shall be comprised of between three and seven members.

7. Members of a particular Sub-Panel will be appointed by the Probity Panel as a whole, or by a person or persons assigned by the Probity Panel to do this, in which case the composition of each Sub-Panel so appointed will be reported to the next meeting of the Probity Panel.

8. Members of a Probity Sub-Panel must not include any individual:

1. appointed as Returning Officer or as an advisor to a Returning Officer for a position which the sub-panel is considering.

2. who is a nominee or nominator for a position which the sub-panel is considering.

3. who is a fellow branch member of a nominee for a position which the sub-panel is considering.

4. who would be perceived to have a conflict of interest in relation to a nominee or the position which the sub-panel is considering.

1. Members of the Probity Panel may not carry out probity checks or be involved in those checks in any way where a nomination is related to any campaign in which they are involved.

2. Casual vacancies on the Probity Panel may be filled by the State Council or State Executive following a call for expressions of interest via the appropriate internal Partythe incorporated association referred to in clause 40(1) communication methods, as per Schedule 1.

Probity Panel General Operations

1. Any decision of the Probity Panel must be made by at least 3 of its members (a sub-panel). 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 decisions of a sub-panel shall be decisions of the Probity Panel.

2. Subject to this bylaw, deliberations of the Probity Panel are confidential.

3. All Probity Panel members will sign a confidentiality agreement.

4. A record of all nominations, the related investigations and findings will be securely maintained by the State Secretary.

5. Records of nominations are confidential to the Probity Panel and the Returning Officer in the first instance. However the State Executive, Victorian Campaign Committee and any relevant preselecting body (where a preselection panel has been appointed) will have the right to inspect the record of any individual where they are considering a matter related to and relevant to that member.

6. The Probity Panel may meet in person or via electronic means, including email.

7. The Probity Panel will keep minutes of all its meetings and records of its activities.

8. The Probity Panel will report in written form on its activities:

1. To the State Conference annually,

2. To the Victorian Campaign Committee monthly during Local, State or Federal election periods.

3. At any time as requested by the Victorian Campaign Committee, State Executive or State Council.

Probity Checks

1. Noting that the paramount duty of the Probity Panel is to make decisions in the best interests of the AGVAustralian Greens Victoria, the Probity Panel should, so far as consistent with this duty, keep in mind fairness to the nominee in the conduct of any probity check.

2. A probity check will be conducted on all nominees for public officean elected office in a council or parliament, excepting any nominee who

   1. has been approved by a Probity Panel within the previous 3 years; and

   2. provides a statutory declaration stating that no matters relevant to probity have substantially changed since their last Probity check; and

   3. the most senior staff memberState Director member, Convenor of the Misconduct Panel, and Victorian Campaign Committee Convenor and electorate or regional campaign committee convenor can confirm that no matters relevant to probity have substantially changed since their last probity check.

3. By the close of nominations, nominees must submit:

1. a completed Probity Form as prescribed from time to time by the VCCVictorian Campaign Committee;

2. a signed Statutory Declaration attesting to the correctness of the Preselection and Probity Forms, and agreeing to a Police Check if the Returning Officer or Probity Panel deem it necessary;

3. any other document or form requested by the Probity Panel or a Probity sub-panel.

provided that a nominee who has been approved by a Probity Panel within the previous 3 years may provide the statutory declaration described in clause 24(b) above in substitution for the documents required in this clause and a check will be conducted with the most senior staff member and Victorian Campaign Committee or relevant election campaign committee Convenor to confirm this.

1. The Returning Officer shall pass any envelopes or attachments containing the probity documents to the Probity Panel unopened.

2. The Probity Panel is empowered to carry out any investigations it deems necessary into any nomination.

3. Each probity check shall include, at a minimum:

1. scrutiny of the probity form and accompanying Statutory Declaration;

2. assiduous and reasonable searches of available online information about the nominee, their professional and community organisation affiliations, and their media presence, if any (except if the nominee is an elected representative);

3. a request for any relevant information from the AGVAustralian Greens Victoria Misconduct Panel;

4. an invitation for input from local Branch and regional bodies’ office bearers and party officials;

5. consideration of any objections to or concerns about probity raised by other Members.

and assessment of nominees after appropriate input from local Branch and regional bodies’ office bearers, party officials and other members as considered necessary.

1. The nominee shall provide:

1. All names that they have used or previously been known by,

2. All pseudonyms that they use or have previously used,

3. Access to all Probity sub-panel members of all social media and online engagement accounts currently in use by the nominee or which were in use within the previous five (5) years. This access shall be maintained for the duration of the decision-making period. This access may include, for example, allowing Probity sub-panel members to ‘friend’ them on Facebook, ensuring Probity sub-panel members can ‘follow’ all of the nominee’s Twitter accounts and ensuring any other action is taken which provides the Probity sub-panel members such access.

1. The Probity Panel may contact any person while conducting a probity check without reference to the nominee.

2. Confidentiality will be maintained as follows:

1. Any person contacted by the Probity Panel will be advised of the confidential nature of the process in that they should not disclose that the person has nominated, nor should they disclose the questions asked by or their response made to the Probity Panel to any other person.

2. All responses received by the Probity Panel shall be kept confidential to the Probity Panel and shall only be disclosed as a non-identifying summary should clause 41 be enacted.

Probity Decisions

1. The Probity Panel shall make a finding for each nomination received by the end of the decision-making period that the nomination be:

1. approved, or

2. approved subject to certain conditions outlined by the Probity Panel, or

3. approved noting risk/communication matters if preselected, or

4. rejected.

A sub-panel may only make this finding 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. Should 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 not be achieved the nomination will be considered by the full Probity Panel, at which a majority will be required to make the finding.

Subject to 34, 39 and 40 below, the decision-making period must be no later than fourteen (14) days (or 48 hours in the case of a snap election) after the close of nominations.

In the case of a nominee being approved with conditions, the State Director, or their delegate, will be informed in writing within 72 hours by the Probity Panel. If the nominee gains preselection, the convenor of the relevant body responsible for the preselection will be provided a summary of conditions by the Probity Panel. The convenor of the relevant body responsible for preselection will be tasked with tracking compliance of conditions. Any breaches of conditions must then be referred to the Endorsement Review Committee.

1. The Probity Panel shall have the authority to:

1. request further statutory declarations from any nominee should the panel judge that more information be required to make an assessment on any nomination.

2. interview any nominee should the panel judge that more information be required to make an assessment on any nomination.

In these circumstances, the decision-making period may be extended to allow reasonable time for the nominee to comply.

1. If the nomination is approved subject to certain conditions or rejected, the decision shall be considered to be an interim decision until the process at 39 – 40 is complete, whereby a final decision will be made.

2. The Probity Panel members considering a nomination shall reject any nomination where:

1. the sub-panel judges that the candidacy of the nominee concerned would be inappropriate,

2. the sub-panel judges that the candidacy of the nominee would be detrimental to the Australian Greens Victoria on grounds relating to past conduct, character or reputation,

3. the candidate has not given an undertaking to support stated party policya statement of principle and intent about what government should do, subject to clause 51.2 of the constitution, or in lieu of that undertaking, has not provided pre-selectors with an explanation as to which policies the candidate does not support.

1. The Probity Panel shall have the authority to reject any nomination on the grounds that the nominee:

1. refuses to co-operate with the probity panel

2. fails to comply with any conditions outlined in the relevant Code of Conduct forms

3. fails to comply with any conditions outlined in the Confidentiality Agreement

4. fails to comply with any condition imposed upon the nominee in relation to their nomination (as per 35 (b) above)

5. holds a public position in opposition to Partythe incorporated association referred to in clause 40(1) policya statement of principle and intent about what government should do, and the probity sub-panel deems the matter to be so serious as to damage the party’s electoral opportunities.

Prima facie a serious falsehood or apparent serious concealment of facts or issues in probity forms is grounds for a nomination to be rejected.

1. Where the Probity Panel rejects a nomination, the nominee may not nominate for any other position at the same election.

2. When an interim decision is made to either approve a nomination subject to certain conditions or reject a nomination, the following will occur:

1. The Probity sub-panel will prepare a document setting out the reasons for the decision.

2. The nominee will be provided with the reasons for decision and shall have 48 hours to provide a response to the Probity sub-panel.

3. The reasons for the decision may include a summary of feedback received, without breaching the confidentiality requirements at clause 31.

4. The Probity sub-panel will consider any response from the nominee in making a final decision.

5. A final decision will be made within 48 hours of receipt of any response from the nominee. If the nominee fails to provide a response, the original decision will stand.

In these circumstances, the decision-making period may be extended to allow for these processes to occur.

1. Clause 38 above shall not apply in the circumstances of a snap-election.

2. When a decision is approved noting that risk and/or communications matters require attention, the Returning Officer will notify the Probity Panel of the nominee’s preselection. Then the convenor of the Probity Panel will then inform the State Director. In consultation, either the convenor of the Probity Panel or the State Director, or their delegate, will inform the convenor of the relevant body responsible for the preselection in writing of the risk and communications issues which require a plan.

3. Decisions of the Probity Panel:

1. will be reported to the relevant Returning Officer and the nominee within 24 hours of the decision

2. may be appealed to the State Executive.

Rights of Nominees

1. A nominee will be informed of who is on the Probity Panel and which members will be reviewing their nomination.

2. A nominee will be informed as soon as practical of any decision by the Probity Panel in relation to their nomination, in accordance with clauses 32 and 38 above.

3. A nominee may provide a written response to any decision to approve their nomination subject to conditions, or to reject their nomination, in accordance with clause 38 above.

4. A nominee may appeal a decision of the Probity Panel to the State Executive in accordance with clause 41 above within 24 hours of receipt of any decision to approve their nomination subject to conditions, or to reject their nomination. A decision will be made by State Executive within 24 hours of the appeal.

5. A nomination for any position is considered confidential until the nominations close and the Probity Panel has completed its work. Until that time nominations may be withdrawn without prejudice. After that time an announcement of the nominations will be made on the internal AGVAustralian Greens Victoria website.

Confidentiality of Records

1. All records in relation to the making of a decision in respect of a probity decision shall be kept securely and separately for a period of 5 years, provided that Police Checks will be securely destroyed as soon as they are no longer needed. The State Secretary will have the responsibility of safe custody.

2. All members of the Probity Panel will be responsible for permanently deleting any electronic copies they hold of documents related to Probity Panel decisions (other than Panel minutes) within one month of the election with respect to which the probity decisions related.

Schedule 1

The process for the appointment of a member to the Probity Panel is that:

1. The notice of vacancy, seeking expressions of interest from suitable members, is distributed to the membership.

2. Expressions of interest and curriculum vitae forwarded to the Probity Panel Convenor, or should that position by vacant, the Convenor of the Victorian Campaign Committee

3. Prospective member will be interviewed by a panel made up of the Probity Panel Convenor (or other member of the Probity Panel), the State Convenor and the Convenor of the Victorian Campaign Committee.

4. The panel will:

1. discuss the responsibility of the position, in particular trust implications

2. ensure the applicant understand the duration of the appointment

3. ensure the applicant is prepared to sign a confidentiality agreement on appointment

4. ensure that the applicant has the personal and professional aptitude

5. ensure the applicant has been actively participating in the AGVAustralian Greens Victoria by being involved in branch, campaigning and/or State Council activities

6. ensure the applicant has a demonstrated capacity or experience to exercise political judgment, e.g. has held leadership positions in the AGVAustralian Greens Victoria or related organisations

7. ensure the applicant has a reference from a Branch or State office bearer

1. That panel will make a recommendation to State Council or State Executive

Modification History

Action	Body	Date
Endorsed in the interim	State Council	2015-03-28
Amended (but not endorsed)	State Council	2015-05-30
Interim Status Extended	State Executive	2015-06-02
Amended and Interim Status Extended	State Executive	2015-06-24
Interim Status Extended	State Council	2015-07-25
Amended and Interim Status Extended	State Executive	2015-09-16
Amended and Endorsed	State Council	2015-10-17
Amended	State Executive	2018-12-20
Amended (with an effective date of 1 March 2019)	State Council	2019-02-23
Amended	State Executive	2019-04-18
Amended	State Executive	2019-06-20
Amended	State Executive	2019-09-19
Amended	State Council	2020-02-22
Amended	State Council	2020-12-12
Amended	State Executive	2020-12-17
Amended	State Executive	2021-01-28
Amended	State Executive	2021-05-20