User:AlexJago/NSWFTCAP

CAP-2 New South Wales Model Constitution alignment
Put by: Miles Whiticker for the National Council

Motion
Add the following items to Part III of the Party Constitution as numbered, or replace them if already so numbered:

3 (3) The National Council is the Managing Committee under the Associations Incorporation Act 2009 (NSW).

3.2.1.1 (1)(d) Maintain the party register, in accordance with the Commonwealth Electoral Act 1918 and Associations Incorporation Act 2009 (NSW);

6 (9) Unless specified elsewhere, proxy voting is not permitted at party meetings.

6 (10) All votes at or arising from a National Congress, Policy Meeting or Preselection Meeting shall be overseen by a Returning Officer who is neither a candidate or a current or outgoing member of the National Council.

6.1 (5) If at least 25% of the members petition the National Council in writing expressing their lack of confidence in the National Council, or if otherwise required to satisfy legal obligations, the National Council shall organise an emergency National Congress of the Members within thirty (30) days.

6.1 (7) A National Congress is a General Meeting under the Associations Incorporation Act 2009 (NSW).

6.1 (8) The National Council may, when it thinks fit, convene a special National Congress. The announcement and notification periods of business to be transacted are the same as for an Annual National Congress.

9.1 (6) Constitutional Amendment Proposals are Special Resolutions under the Associations Incorporation Act 2009 (NSW).

12 (2) The tenure of a Dispute Resolution Committee member will be two (2) Annual National Congresses and also includes any intervening emergency or special National Congresses.

Rationale
The Party Constitution needs updates every so often to reflect changes made to the NSW Model Constitution. This is because the model constitution applies on matters our Constitution does not specify, which creates compliance risk. The changes proposed here generally adopt the provisions of the model constitution. Minor changes are also put regarding Emergency National Congress, and to identify non-emergency, non-annual Congresses as "Special National Congresses", and to clarify the DRC term.