Pirate Congress 2017/Constitutional Amendments

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The deadline for submitting Constitutional Amendment Proposals has now closed.

CAP-0: Repeal section 4.2.2: Associate Membership

Put by: Thomas Randle

Motion

Repeal section 4.2.2 Associate Membership

Rationale

By-law 2015-01 replaced this membership level with the "Supporter membership" level, therefore this section is now redundant.

CAP-1: Removal of Registered Officer

Put by: Fletcher Boyd

Motion

The following changes will come into effect when nominations are called for the 2018-2019 National Council. Roles of elected members of the 2017-2018 National Council will not be affected.

Remove the role of Registered Officer and replace it with a third Councillor (3.2.8).

Include the following in the duties assigned to the position of Party Secretary (3.2.3):

• The Secretary fulfills the requirements and obligations of the position of Registered Officer as defined in the Commonwealth Electoral Act 1918.

Rationale

The actual duties of a Registered Officer are minimal and the position on the council is better used as another multi purpose role. The first line of the motion is intended to make it clear that these changes go into effect for the 2018 Congress elections.

CAP-2: Defining roles on the National Council

Put by: Fletcher Boyd

Motion

The following changes will come into effect when nominations are called for the 2018-2019 National Council. Roles of elected members of the 2017-2018 National Council will not be affected.

Redefine the following roles:

• President (3.2.1)
  • The President shall, at a minimum:
    • Act as the coordinator for providing direction of the Party;
    • Take an active role in advocating on behalf of the Party in the public sphere;
    • Default as the chair of the National Congress, and meetings of the National Council; and
    • Co-ordinate the activities of the National Council.
• Deputy President (3.2.2)
  • The Deputy President shall, at a minimum:
    • Assist the President with their duties in accordance with this Constitution; and
    • If the President is unable (on a temporary basis) to conduct their obligations under the Constitution, the Deputy is to substitute and fulfil those obligations.
• Secretary (3.2.3)
  • The Secretary shall, at a minimum:
    • Provide notice in advance to members of all official meetings, and of the National Congress;
    • Prepare schedules, agenda, and correspondence from members for submission to the meeting or National Congress, and record attendance of persons present, and arrange for minutes or logs to be recorded;
    • Co-ordinate official correspondence of the National Council;
    • Maintain the party register, in accordance with Commonwealth Electoral Act 1918;
    • Maintain custody of all documents, statements and records of the Party, and except for those documents that are otherwise accounted for in this Constitution, by other officers; and
    • Briefly minute, or delegate responsibility for minuting, listing the decisions of meetings of the National Congress and National Council and ensure publication at the earliest possible convenience.
  • The Secretary fulfills the requirements and obligations of the position of Party Secretary as defined in the Commonwealth Electoral Act 1918.
  • The Secretary fulfills the requirements and obligations of the position of Registered Officer as defined in the Commonwealth Electoral Act 1918.
• Deputy Secretary (3.2.4)
  • The Deputy Secretary shall, at a minimum:
    • Assist the Secretary with their duties in accordance with this Constitution; and
    • If the Secretary is unable (on a temporary basis) to conduct their obligations under the constitution, the Deputy is to substitute and fulfil those obligations.
• Treasurer (3.2.5)
  • The Treasurer shall, at a minimum:
    • Develop and ensure security and accountability measures for all receipts and payments are followed;
    • Submit an Annual Financial Report to the National Congress, detailing balance sheets, financial statements and relevant particulars;
    • Maintain adequate controls over Party finances and all financial records, documents, securities ensuring smooth transition when position is transferred; and
    • Ensure that all book keeping is conducted by an appropriately skilled person, and all documents conform to relevant legislation and regulations and this Constitution.
  • The Treasurer fulfills the requirements and obligations of the Party Agent as defined in the Commonwealth Electoral Act 1918.
  • The receipt of all monies paid to the Party, the issuing of all receipts and the deposit of such monies into accounts determined by the National Council.

Remove section 2(4):

• The elected members of the National Council shall appoint to the National Council a Party Agent in accordance with Article 3 and Article 10. The Party Agent will fulfil the obligations and duties of the role as provided by the Commonwealth Electoral Act 1918.

Rationale

It is my hope that providing clearer definitions for existing roles will aid members in their decision to nominate. This motion also removes the separate role of Party Agent which was not a role on the National Council before. The first line of the motion is intended to make it clear that these changes go into effect for the 2018 Congress elections.

CAP-3: Modification of Constitutional Amendment Proposals

Put by: Fletcher Boyd

Motion

Include the following as 9.1(5):

Once the National Congress has begun amendments may be modified by a formal motion on the floor in order to correct errors or better reflect the intent of the submitter. Unanimous consent of the submitter(s) is required.

Rationale

We allow members to correct proposals until Congress begins. Allowing clarification of intent once Congress has begun and members are around to provide feedback should save a lot of wasted time.

CAP-4: Rename Party Secretary and Deputy Party Secretary

Put by: Fletcher Boyd

Motion

Rename the role of Party Secretary (3.2.3) to Secretary

Rename the role of Deputy Party Secretary (3.2.4) to Deputy Secretary

Replace:

• The Party Secretary fulfills the requirements and obligations of the position of the same name as defined in the Commonwealth Electoral Act 1918.

With:

• The Secretary fulfills the requirements and obligations of the position of Party Secretary as defined in the Commonwealth Electoral Act 1918.

Replace all other mentions of Party Secretary with Secretary.

Rationale

This minor change reflects how the party operates in practice.

CAP-5: NSW Association Requirements

Put by: Fletcher Boyd

Motion

Modify 9.1(1) to read:

The Constitution may only be amended during the National Congress. Amendments require a three-quarters majority vote with a quorum of twenty (20) percent of Members at the time the amendment was proposed.

Add the following as 3(2):

There is no term limit for Councillors.

Rationale

The change from 2/3 majority to 3/4 majority keeps us inline with the NSW Fair Trading requirements on special resolutions. We are also required to specify whether a term limit exists.