By-laws
![]() |
Official Party Document
The veracity of this document is ensured by the National Council and editing of this page is limited to members of the National Council.
|
Contents
By-law 2013-01 — State and Territory Coordinators
- State and Territory Coordinators shall be appointed by a two-thirds majority vote of the National Council.
- State and Territory Coordinators' terms shall automatically expire at the end of the next Annual National Congress, after which they may be reappointed by the National Council.
- In the event that a State or Territory Coordinator is unable or unwilling to perform their duties, the National Council may declare the position vacant and appoint a replacement by a two-thirds majority vote.
- The role of State or Territory Coordinator will cease in those states and territories that have a state or territory branch, as per the requirements of the National Council, unless the National Council determines that such a position should remain.
- The responsibilities of State and Territory Coordinators shall be defined by National Council Resolution.
History
- Enacted by the National Council on 1 February 2013.
- Amended by the National Council on 10 June 2015.
- Amended by the National Council on 24 August 2016.
By-law 2013-02 — Preselection
Administration and responsibility
- The preselection process is to be overseen and managed by a Returning Officer appointed by the National Council.
- The Returning Officer's responsibilities include
- working with the relevant committees to have the relevant systems put in place, and
- attending and overseeing the relevant preselection meetings, and
- announcing the final result of the preselection process, and
- ensuring the integrity of the preselection process.
- Nominations for preselection must be provided by the means determined by the National Council.
- Nominations must be submitted at least 3 days before the relevant meeting.
Nominations for the Senate
- The National Council will determine the Senate group size for each state and territory.
- Voting for preselection of candidates for the Senate may be limited to members in the relevant state or territory at the discretion of the National Council.
- Preselection of candidates for the Senate will use a two-phase ballot, consisting of
- an approval voting phase, and
- a preferential voting phase.
- The approval voting phase will be used to determine whether or not a preselection nominee has sufficient support to be a Senate candidate.
- Each nominee must receive 50% + 1 votes of support in the approval voting phase to be eligible to be a Senate candidate.
- The preferential voting phase will be used to determine the final order of candidates on a Senate ticket.
Nominations for the House of Representatives
- The National Council will determine which electorates, if any, will be contested.
- The National Council retains final authority regarding approval for the contesting of an electoral division.
- Voting for preselection of candidates for the House of Representatives may be limited to a specific geographical subset of members at the discretion of the National Council.
- Preselection of candidates for the House of Representatives will use a two-phase ballot, consisting of
- an approval voting phase, and
- a preferential voting phase.
- Each nominee must receive 50% + 1 votes of support in the approval voting phase to be eligible to contest an electoral division.
- The preferential voting phase will determine the final candidate based on which nominee receives the most preferences.
Character assessment and disclosure requirements
- A preselection nominee must disclose to the National Council anything that would
- bring the party into disrepute, or
- be found through a police background check, or
- disallow the nominee from legally running for a Federal Election.
- If a preselection nominee wins the preselection ballot police background checks must be paid for and supplied by the nominee 28 days before the Federal election nomination period.
- The National Council must disallow a nominee in the case where it would be illegal for that nominee
- to contest a Federal Election, or
- be elected to Parliament.
- If the police background check returns anything that may bring the party into disrepute, the National Council may
- require that the nominee disclose the record on the preselection ballot, or
- require that the nominee withdraw their nomination, or
- disallow the nominee to run for preselection.
- The National Council must produce on the request of any member the reasons for any disallowance of a nominee.
- All possible conflicts of interest must be disclosed to the National Council.
History
- Enacted by the National Council on 13 February 2013.
- Amended by the National Council on 9 October 2013.
- Amended by the National Council on 18 December 2013.
- Amended by the National Council on 24 August 2016.
By-law 2014-01 — Urgent motions
- If an action or decision is urgent, the National Council may vote by way of email to pass an urgent motion without requiring a meeting.
- The requirements for quorum and majorities are the same as in the Party Constitution, however a contribution to quorum for an urgent motion can only be made by way of an explicit vote in favour ("aye"), vote against ("nay"), or abstention ("abstain").
- An urgent motion may be put if
- the action or decision is required to be made prior to the next scheduled National Council meeting, or
- the Party is required to reimburse a member for personal expenditure on behalf of the Party, and
- that member requires the funds urgently, and
- there has been no prior motion for reimbursement passed, or
- the action or decision is being made during an election period or relates to the payment of outstanding invoices incurred during an election period.
- An election period is defined as a period
- beginning when the date of an election the Party intends to contest is announced, and
- ending the day after the election occurs.
- All urgent motions must be minuted and confirmed at the very next National Council meeting, including the recording of which Councillors voted and the direction of their votes.
History
- Enacted by the National Council on 13 March 2014.
- Amended by the National Council on 24 August 2016.
By-law 2015-01 — Additional membership types
Permanent Resident membership
- Permanent resident members are entitled to all privileges of a full member, except they are unable to exercise any privileges which cannot be granted due to restrictions imposed by federal, state or territory legislation.
- A permanent resident member must provide evidence of their permanent residency status to be eligible for this membership type.
Supporter membership
- Supporter members are entitled to the same privileges as full members, except they
- are ineligible for National Council and Dispute Resolution Committee positions, and
- may not lead any committee, and
- do not have voting rights, but have the ability to motion through the sponsorship of a full or permanent resident member, and
- are not eligible to stand as a candidate in any election the Party contests, and
- are unable to exercise any privileges which cannot be granted due to restrictions imposed by federal, state or territory legislation
- Supporter members are exempt from Article 4.1(1)(c) of the Party Constitution.
- All current associate members will be hereby considered supporter members.
International membership
- For all purposes, an international member is considered to be a supporter member, except they
- must reside at a non-Australian address, and
- are exempt from the requirements of Article 2.1(5) of the Party Constitution.
History
- Enacted by the National Council on 8 August 2015.
- Confirmed by the full membership on 12 August 2015.
- Amended by the National Council on 24 August 2016.
Repealed
By-law 2012-01 — Quorum
History
- Enacted by the National Council on 27 November 2012.
- Repealed by the National Council on 9 October 2013.
By-law 2013-03 - Constitutional Amendments
History
- Enacted by the National Council on 19 June 2013.
- Repealed by the National Congress in July 2015.
