Procedures for Urgent Withdrawal of Partythe incorporated association referred to in clause 40(1) Endorsement of a Candidate for Public Officean elected office in a council or parliament
Any endorsed candidate for public officean elected office in a council or parliament may be removed as a candidate under these procedures. In this bylaw, the “ERCEndorsement Review Committee” shall mean the Endorsement Review Committee constituted under this bylaw.
These procedures cease at any stage should the relevant candidate withdraw as a candidate.
These procedures must be initiated by a notice, which may be in writing or by telephone, from a public officean elected office in a council or parliament-holder (including the Parliamentary Leader of the Australian Greensthe Australian Greens (The Greens) Incorporated, incorporated under the *Associations Incorporation Act 1991* (ACT) with association number A02626), or a member of State Council, to the State Convenor or Secretary or the convenor of the State-wide campaign committee, which notice need only state the name of the candidate proposed for de-selection, but may include any other relevant matter.
If possible, the State Convenor, the Secretary and the convenor of the State-wide campaign committee shall confer. If any of them thinks the matter should proceed, they shall forthwith:
The ERCEndorsement Review Committee shall be convened at a time having regard to the desirability of allowing sufficient time for the candidate to respond, but also to any urgency having regard to the political circumstances, but in any case shall not be convened until at least 8 hours (excluding midnight to 6am) after a written notice has been sent to the candidate setting out the reasons why it is considered necessary that they might need to be disendorsed, advising the time and place of the ERCEndorsement Review Committee meeting (and any phone number by which its meeting may be attended). The candidate should have the opportunity to address the ERCEndorsement Review Committee, and every attempt shall be made to contact the candidate to ensure that the notice has been received. Copies of the notice shall be sent to the relevant Regional Convenor and, in the case of a Federal candidate, to the Parliamentary Leader of the Australian Greensthe Australian Greens (The Greens) Incorporated, incorporated under the *Associations Incorporation Act 1991* (ACT) with association number A02626. The ERCEndorsement Review Committee shall consist of:
the Convenor or nominee, or where the Convenor is absent or fails to nominate, the Secretary or nominee;
the convenor of the State-wide campaign committee or nominee, or where the convenor of the State-wide campaign committee is absent or fails to nominate, the secretary of the State-wide campaign committee;
a person elected (or agreed 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) by and from those members of State Council present at a meeting of State Council who are or have been a candidate for public officean elected office in a council or parliament during the previous 5 years. However, the person elected shall not at the time of the ERCEndorsement Review Committee meeting be a current candidate or public office-holder. (An election for this position shall be held in every second year or whenever necessary. However, the person elected shall in any case hold office until replaced.) If that person is unwilling, absent or disqualified, they shall be replaced on the ERCEndorsement Review Committee by a person of at least 10 years membership who has been more than once a candidate for public officean elected office in a council or parliament, nominated by the Convenor or Secretary.
The ERCEndorsement Review Committee shall determine its own procedures having regard to the circumstances and urgency of the matter. All proceedings before the ERCEndorsement Review Committee are confidential. The ERCEndorsement Review Committee shall have access to all relevant probity documents and candidate agreements, and may interview any person involved in any probity check. In the case of a Federal candidate, the Parliamentary Leader of the Australian Greensthe Australian Greens (The Greens) Incorporated, incorporated under the *Associations Incorporation Act 1991* (ACT) with association number A02626 shall have the right to confer with the ERCEndorsement Review Committee, and in any case, the ERCEndorsement Review Committee shall have regard to her or his advice, which may be given in confidence.
The terms of reference of the ERCEndorsement Review Committee shall be to determine whether, in all the circumstances there are clear and compelling reasons why it is in the interests of the Partythe incorporated association referred to in clause 40(1) to cancel a candidate’s endorsement, and if the ERCEndorsement Review Committee so determines, it shall cancel the candidate’s endorsement.
Proceedings before the ERCEndorsement Review Committee are not disciplinary or penalty proceedings. Therefore,
it is not necessary that any allegation or suggestion in relation to any conduct by the candidate be proven for the ERCEndorsement Review Committee to make any decision;
where an issue involves an allegation or suggestion related to any past or present conduct by the candidate, the ERCEndorsement Review Committee has no brief to make any adverse determinative findings of fact against the candidate in respect of that alleged or suggested conduct. (This does not prevent any subsequent disciplinary proceedings against a candidate or former candidate in accordance with other relevant party procedures.);
where a decision to cancel the candidate’s endorsement occurs in circumstance where the candidate denies any allegation or suggestions in relation to his or her conduct, any public statement by the Partythe incorporated association referred to in clause 40(1) shall acknowledge this denial.
The ERCEndorsement Review Committee may authorise the making of a statement on behalf of the AGVAustralian Greens Victoria following its decision. Where appropriate, an attempt shall be made to reach agreement with the candidate or former candidate about the terms of that statement.
A decision of the ERCEndorsement Review Committee to cancel a candidate’s pre-selection must be 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, but is final, provided that the ERCEndorsement Review Committee may refer the matter to the State Executive for a final decision if it is not certain, and shall do so if it cannot reach 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. In this case, an Executive meeting shall be called forthwith to determine the matter. The members of the ERCEndorsement Review Committee and the Parliamentary Leader of the Australian Greensthe Australian Greens (The Greens) Incorporated, incorporated under the *Associations Incorporation Act 1991* (ACT) with association number A02626 shall as far as practicable, be in attendance, but otherwise the meeting shall be closed, unless the Executive decides that others may attend.
Modification History
| Action | Body | Date |
|---|---|---|
| Approved | State Executive | 2010-03-11 |
| Updated | State Council | 2010-04-17 |
| Amended | State Council | 2020-06-20 |