Australia Greens New South Wales Constitution | Asia Pacific Greens

Australia Greens New South Wales Constitution

Australia Greens New South Wales Constitution

1. Introduction

This is the constitution of the political party known as 'The Greens NSW'.

1.1. With the exception of the Charter and Constitution of the Australian Greens (the National Charter), all party documents are subordinate to this constitution.

1.2. The fundamental objectives of The Greens NSW are to promote social, economic and political change in accordance with the four principles of:

  1. Ecological sustainability;
  2. Social equality and economic justice;
  3. Grassroots democracy; and
  4. Peace, disarmament and nonviolence.

1.3. A particular objective of The Greens NSW is to stand candidates for election to the House of Representatives and Senate of the Commonwealth of Australia, and the Legislative Assembly, Legislative Council and local government in the state of New South Wales. Other objectives include :

  1. To make, publicise and strive to implement policies on local, national and global issues based on the National Charter;
  2. To encourage other political parties to adopt our objectives by electoral strategies and direction of voting preferences;
  3. To support and assist members of the Federal Parliament and the NSW Parliament who are members of The Greens NSW or who agree with the National Charter;
  4. To promote the development of, and to cooperate with, the national Greens political movement;
  5. To promote and assist other individuals, organisations and community networks in working for the objectives of the Greens;
  6. To engage in education of both ourselves and the wider community to raise awareness of the issues and concerns covered by this constitution and the policies of The Greens NSW;
  7. To provide mutual support for members to fulfill their own potential;
  8. To resist repressive and destructive institutions and practices using nonviolent means

1.4. In all the activities and appointments of The Greens NSW, attempts shall be made to ensure that there is at least 50 percent representation by women and by members from outside metropolitan Sydney and representation by minority and disadvantaged groups.

 

 

2. Structure

2.1 The Greens NSW is composed of local groups ('member-groups'), non-group individual members ('members (non-group)') and a Delegates Council. Office-bearers, Delegates Council working groups and other representatives of The Greens NSW are responsible to the Delegates Council.

2.2 The full title of the Delegates Council is The Greens NSW Delegates Council. The Delegates Council is composed of a delegate representing each member-group.

2.3 Each member-group is responsible for its own office-bearers, finances, policy platforms and all campaigns or activities which they undertake. Member-groups shall have their own constitutions or organisational rules, from which they shall function.

Except that:

[b] As a condition of membership of The Greens NSW they must conform to the standards required by our principle of "Grassroots Democracy". This would preclude member-groups from imposing discriminatory admission procedures, with the exception of discrimination against members of "proscribed organizations" as provided for in section 2.9. Discrimination prohibited by the NSW Anti-Discrimination Act 1977, and the Federal Racial Discrimination Act 1975, Sex Discrimination Act 1984, and Disability Discrimination Act 1992 would be precluded and includes discrimination on the basis of race, sex, marital status, physical, intellectual, or psychiatric disability, being disfigured, homosexuality, colour, ethnic origin, immigration, pregnancy, age, HIV/AIDS.

2.4 Except for the circumstances described in this constitution, the Delegates Council has no powers over member-groups.

2.5 Members of member-groups and members (non-group) will be accepted as members of 'The Greens', as registered under the NSW and Commonwealth Electoral Acts when their application in the required form and their levy have been received by the membership officer of The Greens NSW (the 'Membership Officer') or his or her nominated deputy.

2.6

  1. Members of The Greens NSW (as determined by 2.5) are considered provisional members for the first three months following the receipt of their fees by the Membership Officer or his or her nominated deputy. Provisional members do not have the rights accorded to members.
  2. During the provisional period, membership applications are considered current, pending acceptance, or a decision to reject, the provisional member's application by the member-group in whose area of coverage the provisional member lives.
  3. Decisions to reject probationary members must be communicated in writing (within a period of time determined by the Delegates Council) by the secretary of the member-group to the Membership Officer within the three months of provisional membership. The process that leads to this decision is entirely the concern of the member-group.
  4. Rejected provisional members will have their membership fees returned in full.
  5. The acceptance of provisional members is deemed to occur, and the provisional members become members, at the end of the three month period, unless notification of rejection from the member-group is received.
  6. Provisional members cannot be accepted prior to the end of the three month period, to allow time for objections to be raised by member-group members or any other interested group or individual in regard to the provisional member's application.

2.7 The membership year of The Greens NSW and its member-groups shall be from 1st July in any calendar year up to and including the 30th June in the next calendar year. In order to synchronise the terms of new members with the the membership year, the Delegates Council may determine discounts to the initial membership fees and/or extensions to the initial membership period. In the event that the period of membership of a member of a member-group and of The Greens NSW would become unsynchronised (i.e. due to failure to comply with 2.8 below) the financial membership period shall be deemed to expire at the earlier of the two alternative expiration dates.

2.8 Member groups shall inform the Membership Officer whenever a new member joins or an existing member renews their membership with that group. This shall be done as soon as is practical, shall be in a format specified by the Membership Officer and be accompanied by the appropriate membership levies.

2.9 The Membership Officer shall inform member-groups of renewals of existing members of the member-group and of applications for membership from prospective new members residing within the membership area for the member-group. This shall be done on a regular schedule as determined by the Delegates Council. The appropriate proportion of the membership fee and any accompanying donation amounts shall also be forwarded to each member-group on a regular basis as determined by the Delegates Council.

2.10 The Membership Officer shall provide to each member-group a list of the current financial members of the group as soon as is practicable after the 1st of June of each year. The list shall be in a format specified by the Membership Officer and shall include the expiry date of each membership. Member-groups may submit updates to this list to be received by the Membership Officer no later than the 1st of July of that year.

2.11 A member whose membership is due for renewal and whose membership levy has not been received by the Membership Officer on or before the 30th of September shall be deemed unfinancial. An unfinancial member may renew at any time within the first six months of becoming unfinancial, that is, membership levies are received by the Membership Officer on or before 31st March of the year following. Such renewals shall be without loss of continuity of membership and financial status shall be back-dated to the commencement of the respective membership year. Any renewal received later than six months after the member being deemed unfinancial shall be treated as a new membership application and the provisions of section 2.6 of this constitution (Provisional Membership) shall apply.

2.12 Notwithstanding the provisions of section 2.11 of this constitution, for the purposes of preparing a list of members eligible to take part or vote in a pre-selection as specified in Section 11 of this constitution, the Delegates Council may determine a closing date for the receipt, by the Membership Officer, of membership levies from member-groups. Members whose levies are due and which are not received by the specified closing date shall not be eligible to take part or vote in the pre-selection.

2.13 Member-groups shall not have as members, members of proscribed organisations. A list of proscribed organisations is maintained by the Australian Greens' secretary, to which the Delegates Council may add additional organisations in order to designate the organisations proscribed by The Greens NSW.

 

 

3. Operation of The Greens NSW Delegates Council

3.1 The Delegates Council is responsible for the coordination of activities at a state level.

3.2 The Delegates Council is solely responsible for the administration of the state registered party, 'The Greens', as registered under the NSW State Electoral Act and the federally registered party, 'The Greens NSW', as registered under the Commonwealth Electoral Act.

3.3 Member-groups shall pay a membership fee to The Greens NSW. The formula for determining the amount of this fee shall be decided by the Delegates Council. The Membership Officer shall report to the Delegates Council any member-group failing to meet this requirement

3.4 Each member-group is entitled to one delegate at every meeting of the Delegates Council. A delegate can represent only one member-group on the Delegates Council. A delegate must be a member of The Greens NSW.

3.5 Member-groups shall submit an annual financial return in accordance with the direction of the Party Agent, in order to meet the requirements of the electoral authorities.

3.6 Member-groups shall properly authorise delegates, and ensure that delegates have the capacity to be able to properly represent the member-group.

 

4. Member-groups' electoral coverage

4.1 The Membership Officer shall keep a register of member-groups and the electoral districts in which they intend to stand candidates for election. Except with the express permission of the Delegates Council no one member-group may cover more than four NSW Legislative Assembly electorates.

4.2 Should a member-group not stand a candidate in an electoral district, another member-group may apply to the Delegates Council for coverage of that electoral district.

4.3 Should a member-group not stand a candidate in an electoral district in a particular election, another member-group may apply to the Delegates Council to stand a candidate in that electoral district in that election.

4.4 In the event of a dispute between member-groups over coverage of an electoral district, a member-group may apply to the Delegates Council to arbitrate the dispute. If the dispute remains unresolved, the final decision shall be made by the Delegates Council.

4.5 Member-groups shall submit an annual statement of their intended electoral coverage to The Greens NSW.

 

5. Admission to The Greens NSW

5.1 The Delegates Council may decide, after consideration of any relevant information, to admit new member-groups to The Greens NSW provided:

  1. a meeting of the applicant group agrees to and minutes their agreement to the National Charter and this constitution;
  2. the applicant group does not intend to stand candidates in an electoral district already covered by an existing member-group;
  3. the applicant group does not have as members any members of proscribed organisations;
  4. the applicant group's admission to the Delegates Council is recommended by at least two delegates of the Delegates Council following liaison to ensure that the applicant group's practices are consistent with the four principles. The form of the liaison shall be under the direction of the Delegates Council;
  5. the applicant group has at least ten financial members;
  6. the applicant group is represented by delegate(s) at the Delegates Council which decides the application, and has sent delegates to at least two prior meetings of the Delegates Council within the previous six months; and
  7. if a proposal that an applicant group be affiliated is deferred or rejected at two or more meetings of the Delegates Council, the Delegates Council shall consider whether the applicant group is to be permitted any further attempts to affiliate to The Greens NSW. If further attempts are not agreed to a new applicant group must then be formed for the area that has greater potential to meet the requirements for affiliation.

5.2 Members (non-group) may join by application to The Greens NSW. The list of new members (non-group) shall be tabled at the next Delegates Council.

5.3 A member-group, by virtue of an increase in the number and geographical spread of its membership, may decide that its interests would be best served by splitting into two separate groups. The newly created group may be admitted, as a new affiliated group, to The Greens NSW at the next meeting of the Delegates Council following the local group meeting at which resolutions to split have been passed. The requirements for new member groups however, as outlined in 5.1.1, 5.1.2, 5.1.3, 5.1.4 and 5.1.5, must be satisfied before the new group can be admitted to The Greens NSW.

5.4 Member-group Review

Member-groups shall:

  1. maintain at least ten financial members
  2. hold no less than four (4) inclusive plenary meetings per annum
  3. have sound consensus based decision making procedures in operation
  4. encourage diversity and not be dominated by one or two individuals
  5. be represented at two meetings or more of the Delegates Council per annum
  6. act in accordance with the four Principles and this constitution.

At the Annual General Meeting the Convenor will report on the "grassroots democracy in practice" of all member-groups, covering the points in 5.4 and any other relevant issues including any reports received from members or member-groups.

The Convenor will also monitor such issues throughout the year and report any concerns regarding individual member-groups to the Committee of Management.

 

6. Separation from The Greens NSW

6.1 The membership of a member-group of The Greens NSW may only be terminated by the resignation, unfinancial, inactive or expulsion processes described below.

6.2 The membership of a member of The Greens NSW may only be terminated by the death, resignation, unfinancial, inactive or expulsion processes described below.

6.3 Resignation. A member-group, having passed a resolution in favour of resigning from The Greens NSW in accordance with their own organisational rules, shall provide written notice to the secretary of The Greens NSW (the 'Secretary'). The Secretary shall present this notification to the next meeting of the Delegates Council, from which date the resignation is considered effective. Members (non-group) shall notify the Membership Officer in writing.

6.4 Unfinancial. Should a member-group fail to pay membership fees within six months of the due date, despite at least two written reminders from the Secretary or treasurer of The Greens NSW (the 'Treasurer') to do so, then the Secretary shall present this information to the next meeting of the Delegates Council, from which date the membership of the member or member- group shall be considered expired. Members (non-group) shall have their financial status assessed in accordance with section 2.

6.5 Disciplining of members [Possible expulsion from The Greens NSW or suspension of membership]

  1. Where the Committee of Management is of the opinion that a member-group or member:
    1. has persistently refused or neglected to comply with a provision or provisions of this constitution; or
    2. has persistently and wilfully acted in a manner prejudicial to the interests of The Greens NSW, 
      the Committee of Management may by resolution:
  • expel the member-group or member from The Greens NSW; or
  • suspend the member-group or member from membership of The Greens NSW for a specified period.
  1. A resolution of the Committee under section 6.5.1 is of no effect unless the Committee at a meeting held not earlier than fourteen (14) days and no later than twenty eight (28) days after service on the member-group or member of a notice under section 6.5.3 confirms the resolution in accordance with this section.
  2. Where the Committee passes a resolution under section 6.5.1 the Secretary shall within fourteen (14) days cause a notice in writing to be served on the member-group or member:
    1. setting out the resolution of the Committee, the details relating to the alleged offence, and the grounds on which it is based;
    2. stating that the member-group or member may address the Committee at a meeting to be held not earlier than fourteen (14) days and not later than twenty eight (28) days after the service of the notice;
    3. stating the date, place and time of that meeting;
    4. indicating courses of action, if any, that could rectify the situation; and
    5. informing the member-group or member that the member-group or member may do either or both of the following:.
      1.                                           i.         attend and speak at that meeting;
      2.                                          ii.         submit to the Committee at or prior to the date of that meeting written representations relating to the resolution.
  3. At a meeting of the Committee held as referred to in 6.5.2, the Committee shall
    1. give to the member-group or member an opportunity to make oral representations;
    2. give due consideration to any written representations submitted by the member-group or member at or prior to the meeting; and
    3. by resolution determine whether to confirm, vary, or to revoke the resolution.
  4. Where the Committee confirms, or varies a resolution under section 6.5.4 the Secretary shall within seven ( 7) days after that confirmation or variation, by notice in writing, inform the member-group or member of the fact and of the member-group's or member's right of appeal under section 6.6.
  5. A resolution confirmed by the Committee under section 6.5.4 does not take effect:
    1. until the expiration of the period within which the member-group or member is entitled to appeal against the resolution where the member-group or member does not exercise the right of appeal within that period; or
    2. where within that period the member-group or member exercises the right of appeal, unless and until the Delegates Council confirms the resolution pursuant to section 6.6.

6.6 Right of Appeal of Disciplined members

  1. Member-group or member may appeal to a meeting of the Delegates Council against a resolution of the Committee which is confirmed under section 6.5.4 within fourteen (14) days after notice of the resolution is served on the member-group or member by lodging with the Secretary a notice to that effect.
  2. Upon receipt of a notice from a member-group or member under section 6.6.1, the Secretary shall place this matter on the agenda for the next meeting of the Delegates Council.
  3. The Secretary shall write to the member-group or individual member, (i) detailing the alleged offence, (ii) indicating courses of action that could repair the situation and (iii) requesting, within a reasonable time, a written response.
  4. The Secretary shall distribute copies of the letter and the response to all member-groups with a request for each member-group to consider the matter. Each group, upon making a decision on the matter, shall forward written documentation of its decision to the Secretary.
  5. The Secretary shall report to the next meeting of the Delegates Council referred to in section 6.6.2, the member-groups decided for or against the proposal. Should 75 percent of member-groups be reported as in favour of the proposal, the membership of the individual or group in question is confirmed and shall be given immediate effect.

 

7. Decision-making

7.1 In order for a meeting of the Delegates Council to take place:

  1. the Secretary must have notified, in writing, all member-groups of the meeting time and place at least 21 days prior to the proposed meeting; and
  2. a quorum of at least one third the number of member-groups' delegates must be present.
    1. No item of business shall be transacted at a meeting of the Delegates Council unless a quorum is present during the time the meeting is conducting that item.
    2. If within three hours after the appointed time for the commencement of the meeting a quorum is not present, the meeting shall be dissolved and in any other case shall stand adjourned to the same day, in the following week at the same time and [unless another place is specified at the time of the adjournment by the Secretary, or other "permanent office-bearer" present, or communicated to member-groups before the day to which the meeting is adjourned] at the same place.
    3. If at the adjourned meeting a quorum is not present within three hours after the time appointed for the commencement of the meeting, the member-groups present being not less than five (5) shall constitute a quorum.
  3. General Meetings
    1. There shall be three (3) kinds of General Meetings of the Delegates Council: Annual, Special, and Scheduled.
    2. A decision of a General Meeting shall be binding on the Committee of Management.
    3. Special General Meetings: The Delegates Council may convene a Special General Meeting by its usual decision-making processes. The Committee of Management may, by consensus decision only, convene a Special General Meeting.
  4. The Secretary shall, on the requisition in writing of not less than ten (10) member-groups, convene a Special General Meeting.
  5. A requisition of member-groups for a Special General Meeting shall:
    1. state the purpose or purposes of the meeting,
    2. be signed by at least three (3) members of the member-group making the requisition, and
    3. be lodged with the Secretary.
  6. If the Secretary fails to convene a Special General Meeting to be held within one (l) month after the date on which a requisition of member-groups for the meeting is lodged with the Secretary, any one (1) or more of the member-groups who made the requisition may convene a Special General Meeting to be held no later than one (1) month after that date.
  7. A Special General Meeting convened by a member-group or member-groups as referred to in section 7.4.4 shall be convened as nearly as practicable in the same manner as Scheduled General Meetings are convened.
  8. Scheduled General Meetings: There will be a minimum of five (5) Scheduled General Meetings held each year preferably spaced to occur in August, October, November, February, April, and June.
  9. Service of Notice
    1. For the purpose of this constitution a notice may be served by or on behalf of The Greens NSW upon any member-group or member by sending it by post to the address of the member-group (of which the member is a member) or (in the case of a member (non-group)) to the address of the member (non-group). The date of the post mark on the envelope will be deemed to evidence of compliance or non-compliance with the notification requirements.
    2. Where a document is sent to a member-group or member (non-group) by properly addressing, prepaying and posting to them a letter containing the document, the document shall, unless the contrary is proved, be deemed for the purposes of this constitution to have been served on both member-groups or members at the time at which the letter would have been delivered in the ordinary course of post.

7.2 Each delegate to every Delegates Council meeting is to bring written notification from her/his member-group detailing that s/he is appointed the delegate. This authorisation must be signed by at least three members of the member-group, not including the delegate. A member-group shall not be entitled to appoint another member-group as proxy.

7.3 Without such written and signed authorisation, as described in 7.2, people are not to be considered delegates and are not accorded voting rights to the meeting except where the Delegates Council, duly organised and satisfying the quorum requirement, is satisfied that a person has been authorised by their group despite not being able to present the written authorisation.

7.4 Meetings of the Delegates Council are open to all members and invited members of the general public, excepting persons belonging to proscribed organisations (unless invited by a decision of the Delegates Council or Quick Decision-Making process). All individuals present can participate in the discussion but only delegates may vote or block consensus.

7.5 Matters for decision by the Delegates Council shall be authorised as follows:

  1. Items must be identified by a previous Delegates Council meeting, or authorised by the relevant office-bearer or standing committee, or authorised as proposals by a member-group.
  2. The Secretary must distribute the Agenda to member-groups, including all necessary information on matters for decision, 21 days before the notified meeting except as otherwise specified in this constitution.
  3. The Delegates Council shall authorise its Agenda, including all items for decision, at the start of each meeting.
  4. No matters for decision may be placed on the Agenda during a Delegates Council meeting except by a specific urgency motion adopted by the meeting.
  5. Any item proposed for decision and not authorised by the Delegates Council for its Agenda must be either deferred to the next meeting or returned to its proponent with an explanation of the cause.

7.6 Decision-making of the Delegates Council shall be by way of consensus, or if consensus cannot be reached then a ratio of three or more votes in favour to one vote against shall be required to change the status quo. The way each delegate votes shall be recorded. Delegates' abstentions, although recorded, do not count as votes for or against. This is the usual decision-making process.

7.7 Meetings of the Delegates Council may decide to expel, suspend or censure meeting participants for disruptive or offensive language or behaviour for that meeting.

7.8 Decisions or resolutions of the Delegates Council shall be minuted and a copy of each meeting's minutes sent to each member-group by the Secretary within 30 days of the meeting. The Secretary shall also maintain a register of previous decisions which constitute precedents for determining The Greens NSW practice.

7.9 The Delegates Council will interpret this constitution should a dispute arise over the meaning of any provision. The Delegates Council may pass resolutions that clarify arrangements contained within this constitution.

7.10 A Quick Decision-Making process can be invoked by the Secretary or any four member-groups, to make decisions for The Greens NSW regarding any matter of such urgency that it must be resolved before a Delegates Council can be feasibly organised. This process is as follows:

  1. The Secretary (or a person delegated by the Secretary) shall make reasonable attempts to contact the last delegate of each member-group to one of the previous two meetings of Delegates Council.
  2. Once contacted, the former delegate shall be presented with the proposal(s) and their agreement, abstention or opposition requested. The former delegate may be granted a length of time (depending on the urgency of the matter) to consult and respond.
  3. Provided at least half the former delegates respond and there is a ratio of at least three in favour to one against, the proposal is carried.
  4. The Secretary shall report decisions made by the Quick Decision-Making process to the next meeting of the Delegates Council for ratification or rescission. The Secretary shall also report on attempts made to contact those former delegates not successfully contacted.

7.11 The Delegates Council has the sole authority for the endorsement of activities under the auspices of 'The Greens NSW'. Such activities may include conferences, seminars, workshops and media activities for the purposes of discussion, education, public promotion, motivation and/or fundraising.

7.12 Forms of decision-making outside of the Delegates Council and the Quick Decision-Making process, such as conferences or postal ballots of members, only carry authority when the Delegates Council chooses to conduct such a process, excepting the electoral ticket preselection process (detailed in article 11).

7.13 Committee of Management for the Delegates Council

  1. Acknowledging that the Delegates Council is the supreme decision-making body of The Greens NSW it is recognised that for practical purposes there may be a need from time to time to make decisions between meetings of the State Council.
    The body charged with this responsibility will be a Committee of Management for the Delegates Council of The Greens NSW, which subject to the Associations Incorporation Act, the Regulations, this constitution and to any resolutions passed by the Delegates Council:
    1. will control and manage the affairs of The Greens NSW between meetings of the Delegates Council.
    2. may exercise all such functions as may be exercised by the Delegates Council , which the Committee deems essential for the proper functioning of The Greens NSW between meetings of the Delegates Council, other than those functions that are required by this constitution to be exercised solely by the Delegates Council; and
    3. has the power to perform all such acts and do all such things as appear to the Committee to be necessary or desirable for the proper management of the affairs of The Greens NSW between meetings of the Delegates Council.
  2. The Committee of Management shall consist of the following:
    1. Convenor, Secretary, Treasurer, and Membership Officer; and
    2. Five members, two of whom will be from outside the Newcastle/Sydney/ Wollongong area and one of whom will not have English as their first language learnt and feel capable of advocating for non English speaking background communities, if such members nominate.
  3. That is nine(9) in total and shall hold office only in an honorary capacity.
  4. The five (5) non-office-bearers shall be elected on the same basis as office-bearers as provided for in section 8.

7.14

  1.  
    1. The Committee of Management shall provide a written copy of the minutes of meetings to each member-group within twenty eight (28) days of each Committee meeting. The minutes will also be tabled at the next available meeting of the Delegates Council where they will be received, debated, accepted, rejected, or amended. Any decision of the Committee may be rescinded by a decision made under the Quick Decision Making process or by a decision of the Delegates Council.
    2. Persons other than Committee of Management members may be invited to attend Committee meetings by decision of the Committee. Any member may attend and speak at the Committee of Management meetings.
    3. Should, for whatever reason, positions on the Committee of Management not be filled, this will not preclude the Committee from operating, as long as all other relevant rules are observed.
    4. A quorum for a Committee meeting shall be no less than five (5) and decisions will be made on a consensus basis preferably but if necessary by majority 75% vote amongst those present and voting.
    5. No business shall be transacted by the Committee unless a quorum is present and if within one hour of the time appointed for the meeting a quorum is not present the meeting stands adjourned to another time and another day, and a place to be determined by the Committee.
    6. If at the adjourned meeting a quorum is not present within one hour of the time appointed for the meeting, the meeting shall continue but only to discuss those items on the original agenda.
    7. At a meeting the Committee of Management the members present will determine who will facilitate. Whereever possible this role will be rotated.
    8. At Committee meetings each member has a deliberative vote only.
    9. The Committee may authorize expenditure to the value of $1,000 on any one item. and an expenditure in excess of $1,000 must be approved by resolution of the Delegates Council.
    10. A meeting of the Committee may be requested by any member of the Committee.
    11. Written/e-mail notice of a meeting shall be given by the Secretary to each member of the Committee at least two (2) days (or such other period as may be unanimously agreed upon by the members of the Committee) before the time appointed for the holding of the meeting.
    12. Notice of a meeting given under section 7.14.j shall specify the agenda and where possible the specific motions/proposals to be considered at the meeting.
    13. Meetings may be held by means other than physical attendance at a meeting venue. Various forms of technology may be utilised to facilitate the effective operation of the Committee.
  2. Facilitator
    The members present and entitled to vote will elect one of their number to facilitate the meeting.

7.15 Delegation to sub committees

  1. The Committee of Management or a Delegates Council meeting may by resolution delegate one or more sub-committees (consisting of such members or member-groups as is resolved), the exercise of such functions of the Committee are as specified in the resolution other than:
    1. this power of delegation and
    2. a function which is a duty imposed on the Committee by any law.
  2. A function or exercise which has been delegated to a sub-Committee under this section may, while the delegation remains unrevoked, be exercised from time to time by the sub-committee in accordance with the terms of the delegation.
  3. A delegation under this section may be made subject to such conditions or limitations as to the exercise of any function the subject thereof, or as to time or circumstances, as may be specified in the resolution of delegation.
  4. Notwithstanding any delegation under this section the Committee of Management or Delegates Council may continue to exercise any function delegated.
  5. Any act or thing done or suffered by a sub-committee acting in the exercise of a delegation under this section has the same force and effect as it would have if it had been done or suffered by the Committee of Management or Delegates Council.
  6. The Committee of Management or Delegates Council meeting may revoke wholly or in part any delegation under this section.
  7. A sub-committee may meet and adjourn as it thinks proper.

7.16 Decisions of the Committee of Management or sub-committees

Any act, or thing done or suffered or purporting to have been done or suffered by the Committee of Management or by a sub-committee appointed by the Committee of Management or a Delegates Council meeting, is valid and effectual notwithstanding any defect that may afterwards be discovered in the appointment or qualification of any member of the Committee of Management or sub-committee.

 

8. Office-bearers and other delegated individuals

8.1

  1. Office-bearers of The Greens NSW, including Spokespeople and members of standing Committees, shall be nominated by their member-groups, as for Delegates to Delegates Council as set out in section 7.2 , or by any three other members in the case of members (non-group).
  2. Office-bearers of The Greens NSW, shall be elected by secret ballot of the delegates at a Delegates Council. Such ballot shall be conducted by a Returning Officer appointed at that meeting, using the elimination ballot method if necessary, with a "no support" option and abstention allowed. A simple majority of delegates is required to elect an office-bearer.

8.2 Permanent office-bearer positions shall be those of convenor, secretary, treasurer, membership officer, registered officer and deputy registered officer. Persons holding these positions must be members of The Greens NSW.

8.3 From time-to-time, The Delegates Council may choose to delegate an individual, or individuals, to undertake other activities, or delegate an individual to convene a working group to undertake specified activities. Such individuals or working groups are subordinate to the Delegates Council and their duties, authority and procedures shall be determined by the Delegates Council.

8.4 Assistant office-bearers may be elected by the Delegates Council to assist office-bearers in circumstances of heavy workload or temporary incapacity.

8.5 Representatives of The Greens NSW to interstate meetings, including bodies of the Australian Greens, shall be elected by, and remain accountable to, the Delegates Council.

8.6 Office-bearers shall be accountable to the Delegates Council.

8.7

  1. An office-bearer or Representative may be removed by a motion of no confidence proposed by a member-group and adopted by the Delegates Council following the normal decision-making procedure set out in section 7.6. In the event of no consensus and a vote, a record of delegate votes supporting the motion will be recorded.
  2. Where a member of the Committee or a Representative of The Greens NSW to whom a proposed resolution referred to in section 8.7.1 relates, makes representations in writing to the Secretary (not exceeding a reasonable length) and requests that the representations be notified to the member-groups, the Secretary shall send a copy of the representations to each member-group. The member or Representative is also entitled to require that the representations be read out at the meeting at which the resolution is considered.
  3. An Office or Representative position may become vacant through:
    1. resignation in writing, to the Secretary;
    2. ceasing to be a member under section 2;
    3. being removed from office under section 8.7
    4. becoming an insolvent under administration within the meaning of the Corporations Law
    5. becoming of unsound mind or a person whose estate is liable to be dealt with in any way under the law relating to mental health.
    6. being absent without the consent of the Committee from three consecutive meetings of the Committee and/or meetings of the Delegates Council (for the purposes of this section "consent" shall be granted if an apology is duly lodged and included in the minutes); or
    7. becoming incapacitated for any cause and being unable to discharge the duties of office thereby creating a casual vacancy.

8.8 The first Delegates Council meeting after the first of July each year will receive annual reports from office-bearers and sub-committees. The Delegates Council shall then elect a registered officer and deputy registered officer for a three-year term (when applicable) and other office-bearers to serve for the next 12 month term.

8.9 No individual can hold the same office for more than two full consecutive terms.

8.10 Any unfilled elected position, or casual vacancy in such a position, shall be filled by following the normal process. The Delegates Council may in the interim make a temporary appointment which shall lapse at the next Delegates Council.

8.11 One person may hold more than one office at any one time, but no two (2) or more of the positions of Convenor, Secretary, Treasurer, and Membership Officer may be held by any one person,

 

9. Duties of office-bearers

9.1 Duties of the Secretary include:

  1. Acting as the Public Officer of The Greens NSW for the purposes of the Associations Incorporation Act shall be the Secretary who will carry out all duties related to that Act.
  2. Coordinating and preparing and distributing agendas, minutes, notices and business papers for meetings.
  3. Maintaining the Constitution, and the rules and decisions made by the Delegates Council
  4. Coordinating dates, locations & arrangements for Delegates Councils throughout the year.
  5. Distributing Delegates Council minutes and notifying new postings on the members web page to the members email list
  6. Managing correspondence.
  7. Maintaining records of appointments of office-bearers, representatives, spokespeople and Committee members
  8. Maintaining a record of those attending meetings of the Delegates Council and the Committee of Management.
  9. Maintaining a record of the proceedings and decisions of the Delegates Council and Committee of Management
  10. Performing other actions as detailed in various sections of this constitution.

9.2 Duties of the Treasurer include:

  1. Being responsible for the banking, payment and receipts of monies for The Greens NSW.
  2. Maintaining properly ordered records of accounts and financial books, and preparing accounts for external auditing when required by the Delegates Committee.
  3. Acting as Party Agent and adhering to recording and reporting procedures as required by NSW and Commonwealth electoral and funding acts until such time as those requirements are fulfilled for the financial year relevant to their term as Treasurer.
  4. Being a signatory to cheques and accounts with any other office-bearer.
  5. Forwarding membership and affiliation fees owed by The Greens NSW.
  6. Presenting financial reports as required by the Delegates Council.
  7. Performing other actions as detailed in various sections of this constitution.

9.3 Duties of the registered officer and deputy registered officer include:

  1. Acting as described in various sections of this constitution.
  2. Acting in accordance with the requirements of the various NSW and Commonwealth electoral and funding acts.

9.4 Duties of the Convenor include :

  1. Acting in accordance with the requirements of the various NSW and Commonwealth electoral and funding acts.
  2. Acting as a spokesperson on party organisational matters.
  3. Liaising with other state or territory Greens parties and the Australian Greens.
  4. Hearing complaints and coordinating the mediation process in the case of disputes except where the dispute involves the Convenor in which case it will be the Secretary.
  5. Coordinating the operations & functions of all committees of The Greens NSW
  6. Reporting back to the Delegates Council of The Greens NSW on a regular basis about the work & functions of all Greens NSW committees
  7. Performing other actions as detailed in various sections of this constitution.

9.5 Duties of the Membership Officer include :

  1. Establishing and maintaining a register of members of member-groups and members (non-Group) which provides names and addresses, together with the date on which the person became a member, as well as a list of supporters.
  2. Receiving all membership returns and fees due to The Greens NSW.
  3. The register of members shall be made available by the Membership Officer for inspection by any member free of charge, at any reasonable time.

 

10. Electoral campaigns and representatives

10.1 The Delegates Council shall be responsible for the conduct and financing of the running of The Greens ticket for NSW Legislative Council and Commonwealth Senate (in NSW) elections.

10.2 Member-groups are solely responsible for all aspects of The Greens Legislative Assembly, House of Representatives or local government campaigns in the electoral districts where they have a candidate.

10.3 The registered officer must nominate for the Legislative Assembly, House of Representatives or local government, any candidate proposed by a member-group for an electoral district of which that member-group has coverage. Where coverage is not recorded, the registered officer shall only nominate the candidate of a member-group if there is no objection by other adjacent member-groups, or if the objection is resolved by a conflict resolution process.

10.4 Candidates for pre-selection for the NSW Legislative Council or the Commonwealth Senate must be members of The Greens NSW.

10.5 If a potential Green candidate does not belong to a member-group or is part of a group which is not a member of The Greens NSW, the Delegates Council may decide to direct the registered officer to nominate that person provided:

  1. the group, or a meeting of campaign supporters, has minuted the adoption of the National Charter;
  2. the candidate is not intending to stand in an electoral district where there will be a candidate from a member-group;
  3. the candidate is not a member of a proscribed organisation;
  4. the group and candidate are assessed to be satisfactory by at least two delegates of the Delegates Council who can either attend meetings of the group or liaise in other ways. The form of the liaison shall be under the direction of the Delegates Council; and
  5. the candidate becomes a member of The Greens NSW.

10.6 Candidates who have no member-group to which they are accountable shall be accountable to the Delegates Council.

 

11. Pre-selection process

11.1 The pre-selection of an electoral ticket for The Greens NSW for the NSW Legislative Council and Commonwealth Senate shall be achieved by a postal ballot of all members of The Greens NSW.

11.2 Nominations will be called for the position of Returning Officer to administer the pre-selection process. This will be done at least two months prior to the calling of nomination of candidates for pre-selection to allow the Returning Officer adequate time to administer the process set out in this constitution. The Returning Officer will be elected by the Delegates Council.

11.3 Written nominations for preselection as a candidate in either NSW Legislative Council or Commonwealth Senate elections must be submitted to the Returning Officer of The Greens NSW by that time and date, also designated by the Delegates Council, for the 'close of nominations'. Any party member nominating for preselection must also be nominated in writing by at least six other financial members of The Greens NSW. The membership levies of the six members must be received by the Membership Officer prior to close of nominations. The nominations by the six members must be received by the preselection Returning Officer by post or facsimile prior to the close of nominations. As long as the intention of each of the six members is clear in the written nomination then it shall be accepted by the Returning Officer.

11.4 Any materials from candidates, such as a 'Candidate Statement', are to be passed on to the membership through the official channel of the Returning Officer, and must be submitted not later than 1 (one) week after the date and time of the 'close of nominations'. Failure to do so will not affect that nominee's candidacy but will exclude them from having any materials passed on to the membership by the official channel of the Returning Officer.

11.5 The names of all candidates for pre-selection shall be listed on the ballot in a random order; a "no support" option box shall be positioned adjacent to the name of each candidate. Also on the ballot will be a box representing the option of not having an electoral ticket with any of the listed candidates, referred to as the 'no support' option for the whole ticket. Electors may express 'No Support' for any number of the Candidates or for the whole list. 50% or more 'No Support' is required to eliminate any one Candidate or the whole list.

11.6 Ballots and accompanying informational material shall be posted to each financial member as determined by Section 2 (particularly section 2.12) of this constitution. Members shall be requested to mark the 'no support' option or to number the candidates in the order of their preference, from '1'.

11.7 All ballots received at the return address by the closing date for the election shall be conveyed by the Returning officer to a pre-designated place where they shall be opened and counted in the view of interested members and invited members of the general public.

11.8 A ballot paper shall be valid if a clear preference has been marked upon it.

11.9 Firstly, the 'no support' option shall be counted. If 50 percent or more of the valid returns cast favour this option, then it is carried and the count is concluded. If 50 percent or more of the valid votes cast favour 'no support' for an individual candidate, then that candidate shall be excluded from the count.

11.10 Provided 'no support' is not carried, an optional preferential count (similar to the method used in counting House of Representatives and NSW Legislative Assembly elections) of all valid votes is performed for the election to the top position on the electoral ticket.

11.11 All valid votes are then counted by a proportional representation (PR) method (similar to the method of counting used in Senate elections) to elect the number of members required on the ticket, which shall be pre-determined by the Delegates Council.

  1. The counts to determine each position will be conducted separately and in the same order as the places on the ticket. In each count, the number of candidates to be elected shall be increased by one (thus progressively reducing the quota from 1/2 to elect the number one candidate, to 1/3 to elect the number two candidate, 1/4 to elect the number three candidate and so on). The successful candidate for the respective place will be the first candidate elected who has not already been elected for a higher place on the ticket.
  2. The quota in the election for each position on the ticket shall be the smallest whole number larger than the number produced by dividing the number of votes plus one vote by the number of candidates for election in this stage plus one. If N is the total number of votes and S is the current ticket position to be filled, the quota for count S:

QS = (N+1) / (S+1)

  1. The counting in each stage of the pre-selection balloting will follow the system used to elect Senators other than that In the distribution of preferences when there is a surplus, transfer weight factors shall be applied multiplicatively to the current vote value of each ballot paper.

11.12 The order in which candidates are placed on the electoral ticket shall be the order in which they are elected in the PR count, with the following exceptions:

  1. The top position on the ticket is decided by an optional preferential count, conducted prior to the PR count (ref 11.7).
  2. If in counting each even numbered sub-group of candidates from the top (that is, the top two, the top four, the top six, and so on up to the number of candidates to be elected), a sub-group is found where less than half of the sub-group are women, the next most successful woman candidate (if any) shall be promoted to fill the lowest position of that sub-group.
  3. The Returning officer shall present a report of the preselection process, including details of the counts and the outcome, to the next meeting of the Delegates Council. Should the Delegates Council accept this report, the ticket, as assembled is endorsed and the registered officer shall nominate this ticket for the Legislative Council or Senate election.

11.13 If there are insufficient candidates elected to fill the number of positions required on the ticket, the Delegates Council may appoint members to fill the remaining required positions, such appointees to fill positions on the ticket below the elected candidates.

11.14 In the event of a casual vacancy being created by the departure from office of a MLC or Senator who is a member of The Greens NSW, that position shall be filled by means of a preselection consistent with sections 11.1-11.13 of this constitution notwithstanding section 11.17.

11.15 Should a casual vacancy arise for a position, and The Greens NSW has already begun the process of preselection for that position for the upcoming general election, then the Delegates Council may choose to appoint the person filling the top position on the preselected ticket to fill the casual vacancy or, in the event where that person is the same person who by his/her departure created the casual vacancy, the person filling the second position on the preselected ticket.

11.16 Should a casual vacancy arise for a position which is near the end of its term, and The Greens NSW is yet to begin the process of preselection for that position for the upcoming general election, then the Delegates Council may choose to conduct the preselection to fill the casual vacancy and the preselection for the general election as one preselection.

11.17 In order to minimise the period in which The Greens NSW is not exercising a vote to which it is entitled in either the NSW Legislative Council or the Senate, in the event of a casual vacancy:

  1. the Secretary will automatically become Interim Returning Officer for the purposes of section 11.2 until replaced by the Delegates Council,
  2. nominations are automatically opened for the position of Returning Officer for election at the next meeting of the Delegates Council,
  3. the Interim Returning Officer is to begin the preselection process by declaring nominations open as soon as is practical, but is not empowered to close nominations without the authorisation of the Delegates Council,
  4. the Interim Returning Officer is to take to the next meeting of the Delegates Council a proposal for a timeline for the conduct of the ballot, and
  5. this proposal shall be circulated to member-groups if time permits, but if there is not sufficient time available then a failure to circulate the proposal shall not prevent the Delegates Council from considering it.

11.18 Notwithstanding the other provisions of Section 11 of this constitution, (headed Pre-selection process), in the event that an early election is called, or may be called, such as a Double Dissolution of Federal parliament, and where no preselection has, or will have, already completed and where there is insufficient time for completion of the usual pre-selection process to determine The Greens NSW upper house ticket for the early election, in the first place, the Delegates Council or, secondly, the Quick Decision Making process referred to in section 7.10 of this constitution, may determine an alternative method of pre-selection.
The alternative method of pre-selection should maximize democratic processes and proportional representation and observe as much of the usual pre-selection process as the time available permits.

 

12. Greens in Public Office

12.1 The actions, activities and public statements of all members of The Greens NSW who are elected to Public Office shall be consistent with the Charter, Constitutions, policies and decisions of the Party.

12.2 Elected representatives of The Greens NSW in the Legislative Council or Commonwealth Senate are accountable to the Delegates Council.

12.3 The accountability of House of Representatives, NSW Legislative Assembly or Local Government representatives of The Greens NSW is the responsibility of the relevant member-group.

12.4 Elected representatives of The Greens NSW in the Legislative Assembly, House of Representatives or Local Government who have no member-group to which they are accountable shall be accountable to the Delegates Council.

12.5 Elected representatives accountable to the Delegates Council shall attend regular Delegates Council meetings or meet with an appropriately formed working group (refer 8.3) to discuss issues pertaining to their responsibilities.

12.6 Elected representatives shall consult with the Delegates Council regarding positions to be taken in their legislative activity.

12.7 Elected representatives shall provide regular reports (either written or oral) of their activities to the Delegates Council and to The Greens NSW newsletter

12.8

  1. Elected or appointed representatives to the Legislative Council, Senate shall give 12.5% of their before tax salary and any unexpended allowances treated as salary to The Greens NSW.
  2. Elected or appointed representatives to other bodies requiring endorsement by The Greens NSW (including non member-group Local Government Representatives), shall tithe 10% of their before tax remuneration for such positions to The Greens NSW except for:
    1. Monetary payments for specified job expenses or
    2. The first $40,000 of any Local Government Councillor Allowance per-annum, or
    3. Where such payment would, in the opinion of the Delegates Council, be unwarranted or inappropriate (for example, for reasons of financial hardship)
    4. This provision does not apply to elected representatives endorsed by a Greens NSW local group.
  3. Elected or appointed representatives to the Legislative Council or Senate upon retirement from the Parliament are required to:
    1. Tithe 12.5% of the Government's contribution to a lump sum Parliamentary superannuation payout, once the payment is received, and
    2. Tithe 12.5% of any pre-tax Parliamentary pension payments.
    3. Except where:
      1.                                           i.         The payment of a Parliamentary superannuation lump sum or pension is a result of the death of a parliamentarian, or
      2.                                          ii.         Such payment would, in the opinion of the Delegates Council, be unwarranted or inappropriate (for example, for reasons of financial hardship)

12.9 Representatives in public office accountable to The Greens NSW and the representatives' staff who are members of The Greens NSW shall endeavour day to day decision making in accordance with the spirit of consensus decision making as set out in section 7.6 of this constitution.

12.10

  1. The Greens NSW Office, MLCs and Senators of The Greens NSW shall employ members of The Greens or people with no political party affiliation.
  2. An employee of The Greens NSW Office, MLCs and Senators of The Greens NSW shall only stand for public office as a candidate if pre-selected or approved by the The Greens NSW.

 

13. Policy

13.1 Each policy of The Greens NSW shall consist of a policy framework and a policy detail section. These policy frameworks are not to be as general as the National Charter but are to permit opinions to differ over the details of the policies.

13.2 Member-groups are free to adopt and promote additional local/regional policies in accordance with the National Charter and not in conflict with policies of Greens NSW. Such policies will be notified to the Delegates Council, which shall identify any areas of conflict or needs for further policy development arising.

13.3 The Greens NSW policies shall be formulated with the maximum possible participation of the members.

13.4 Policy documents shall be adopted by The Greens NSW by resolution of the Delegates Council at a regular meeting or special meeting called for the purpose, provided that member-groups have received the document to be considered at least 30 days prior to the meeting.

13.5 Emergency policy adoption can be made by consensus of the Delegates Council and this adoption will be submitted for ratification as soon as feasible. The Delegates Council shall not make any emergency policy decision which contradicts any policy of the party already approved by members. Policies adopted under this emergency procedure and not ratified within three months, are annulled (as official policy).

13.6 Spokespeople, candidates and elected representatives of The Greens NSW shall express public opinions and vote in public fora in accordance with the National Charter and ratified policies of the Australian Greens and The Greens NSW, where a Party policy exists.

13.7 Policies shall be regularly reviewed to ensure clarity, currency and adherence to Greens principles.

13.8 Policy Committees may be established by resolution of the Delegate's Council at a regular meeting or at a special meeting called for the purpose, provided that members-groups have received documents detailing the focus / purpose / scope of the proposed committee at least 30 days prior to the meeting. Policy Committees shall operate according to the following:

  1. Policy Committees shall be open to all members
  2. Decision-making process of Policy Committee meetings shall follow the rules for decision-making by Delegates Council
  3. All decisions of a policy Committee recommending a change to the policy of The Greens NSW shall be referred to the Delegates Council by the Policy Committee to be considered according to 13.4 above.
  4. Each Policy Committee shall appoint a coordinator from its members to liaise with the Committee of Management, Electoral Campaign Committee or Parliamentary offices as required. The coordinator does not have the authority to speak publicly on behalf of the Greens except where they are authorized to do so in some other capacity.
  5. Dates of Policy Committee meetings shall be published on The Greens NSW website at least 14 days in advance of any meeting.
  6. Policy Committees shall be responsible for promoting debate on a particular policy area within The Greens NSW.
  7. Policy Committees shall be encouraged to make full use of web and email facilities as well as in person meetings to ensure full participation by all interested Greens members.
  8. Where a spokesperson already exists for a given policy area covered by a Policy Committee the Spokesperson is encouraged to participate in the Committee and the Committee is encouraged to coordinate with the Spokesperson.
  9. Policy Committees may submit a proposal to the Delegates Council that one or more members be authorised to be spokespeople.
  10. A policy Committee may be terminated by the adoption of a resolution by the Delegate's Council.

 

14. Members (non-group)

14.1 Individuals beyond the reach of any member-group may join The Greens NSW directly (i.e. without joining a member-group) and shall be known as 'members (non-group)'. Individuals within areas of member-groups will not be accepted as members (non-group) but will be encouraged and assisted to join their local member-group.

14.2 Members (non-group) will be considered probationary (as per sections 2.6.1, 2.6.2, 2.6.3, 2.6.4, 2.6.5, 2.6.6) for the first 3 months after receipt of their membership fees.

14.3 The applications of probationary members (non-group) can only be rejected by a decision of the Committee of Management, which is to be communicated in writing to the Membership Officer.

14.4 Members (non-group) will be required to pay an annual fee, the amount determined by the Delegates Council.

14.5 Members (non-group) shall have all the rights and responsibilities of member-group members except that they shall not be

represented by a delegate on Delegates Council. Members (non-group) shall receive news from The Greens NSW and s hall be welcomed at meetings and activities of The Greens NSW.

14.6 The list of members (non-group) shall be maintained by the Membership Officer.

14.7 Should there be a number of members (non-group) in an area they shall be encouraged and assisted in forming their own local group which could then join The Greens NSW.

 

15. Formal matters

15.1 Funding of the Party, electoral candidates and parliamentary representatives will be open to public inspection in accordance with the various NSW and Commonwealth acts.

15.2 Liability.

  1. The member-groups which constitute The Greens NSW are not partners and none of them will be liable in any way for the acts or defaults of any of the other member-groups.
  2. The liability of a member-group or member of The Greens NSW to contribute towards the payments of debts and liabilities of The Greens NSW or the costs, charges and expenses of the winding up of The Greens NSW, is limited to the amount, if any, unpaid by the member-group or member in respect of membership of The Greens NSW as required by sections 2.5, 2.6, and 2.7.

15.3 Indemnity.

  1. Members of The Greens NSW who act on behalf of The Greens NSW with any written authority of the Delegates Council, and who accept or incur any personal pecuniary liability in carrying out such actions, will be held indemnified against that personal liability.
  2. The member-groups are equally liable for acts and defaults of The Greens NSW. Individual (natural person) members are personally liable only to the extent of their membership fees.

15.4 Membership entitlements not transferable

A right, privilege, or obligation which a person has by reason of being a member of The Greens NSW:

  1. is not capable of being transferred or transmitted to another person, and
  2. terminates on cessation of the person's membership of The Greens NSW.

15.5 Property.

The property and income of The Greens NSW will be applied solely towards promoting the principles and achieving the objectives of The Greens NSW and no part of that property or income may be applied or otherwise distributed, directly or indirectly, except in good faith for that purpose. No portion shall be paid or distributed to the members except as bona fide remuneration for services rendered or expenses incurred on behalf of The Greens NSW.

15.6 Dissolution.

  1. The Greens NSW will not be dissolved except
    1. by consensus of the Delegates Council following notice of such a proposal at least 30 days prior; or
    2. a resolution of the full membership passed by at least 50 percent of valid returns received in a postal ballot.
  2. The dissolution of The Greens NSW will be effective within 30 days after the decision is confirmed, or whichever day is stipulated in the decision.
  3. If, when winding up The Greens NSW, any property of The Greens NSW remains after satisfaction of the debts and liabilities of The Greens NSW and the costs, charges and expenses of winding up, the property of The Greens NSW will be distributed according to a resolution of the Delegates Council. It may only be distributed to nonprofit organisations, which have rules prohibiting the distribution of their assets and income to their members. If no resolution to this effect is made, any outstanding property shall be distributed equally amongst all member groups which fulfil the requirement to be non-profit.

15.7 Resolution of internal disputes

  1. Serious disputes between member-groups or members (in their capacity as members) and The Greens NSW or disputes between member-groups or members ( in their capacity as members ) that cannot be resolved will be referred to mediation. The mediator will be appointed as agreed between the parties. If the parties are unable to agree then the mediator will be appointed by the office-bearers of the Australian Greens.
  2. At least 7 days before a mediation session is to commence, the parties are to exchange statements of the issues that are in dispute between them and supply copies to the mediator.

16. Constitutional changes

16.1 Notice of motions to amend this constitution must be circulated to all member-groups at least 30 days before the Delegates Council meeting at which the motion is to be decided upon. The usual decision-making process shall be followed.

16.2 This constitution, subject to 16.1, shall remain in force for one year after the date of its initial adoption. After this year there shall be a period of review for at least three months after which the delegates may decide to adopt it permanently. After permanent adoption, the constitution shall thereafter be reviewed at least every two years.

 

17. Registration

17.1 No local member-group shall have separate state or federal registration as a political party.

 

18. Annual General Meetings

18.1 An Annual General Meeting shall be held not more than two months after the close of the financial year.

18.2 At least 30 days notice of the meeting shall be given to members. The notice shall include details of the business to be discussed at the Meeting and any decisions that need to be made at the Meeting.

18.3 In addition to the powers of an ordinary Delegates Council meeting the Annual General Meeting is empowered to:

  1. receive the Annual Report of the Convenor
  2. receive the financial statements for the previous year by the Treasurer as required under Section 26 [6] of the Associations Incorporation Act, and as required by other Commonwealth and State legislation.
  3. receive any other reports from office-bearers; and
  4. elect office-bearers, committees, spokespeople and other positions for the following 12 months

 

19. Spokespeople

19.1 The following people shall have general authority to make public statements to the media on behalf of The Greens NSW:

  1. Spokespeople elected by the Annual General Meeting or by a Delegates Council until the next Annual General Meeting.
  2. Members elected to the Legislative Council of the NSW Parliament or members elected to the Senate of the Federal.Parliament.
  3. Endorsed candidates for the Legislative Council or the Senate.

19.2 Gender/regional balance shall be sought for the appointment of spokespeople.

19.3 Public statements must be consistent with this constitution, the policies of The Greens NSW, the National Charter and the policies of the Australian Greens.

19.4 The following procedure shall be adhered to before spokespeople can be appointed.

  1. A member-group, committee, working group or elected office-bearer can propose a particular spokesperson position. This must be submitted to the Delegates Council in writing explaining the need for such a position.
  2. The proposal must be circulated to all member-groups for assessment.
  3. The proposal must be passed by the Delegates Council.
  4. If the proposal is passed by the Delegates Council, the position must be advertised to member-groups calling for nominations to the next Delegates Council.
  5. Members interested in becoming spokespeople must obtain the written endorsement of their member-group or if a member (non-group), must obtain endorsement in writing from at least 3 members of The Greens NSW.
  6. Interested individuals must submit a resume to their member-group and the Delegates Council (or if a member (non-group) to 3 members of The Greens NSW and the Delegates Council) detailing their experience in the area in which they seek to be a spokesperson.
  7. Nomination and election of spokespeople must follow normal nomination and election processes.

19.5 Spokespeople must submit copies of their media releases and a summary of their actions and media used to each Delegates Council meeting

 

20. Standing Committees

20.1 The Delegates Council may authorise standing committees to have an ongoing responsibility in specified areas of activity. Such committees are subordinate to the Delegates Council and their duties, composition, authority and procedures shall be determined by the Delegates Council.

20.2 Standing committees shall consist of  at least three members elected at the Annual General Meeting,  using the nomination and election procedures for office-bearers, including consideration of regional and gender balance and other such criteria as the Delegates Council may determine. The number of members of each standing committee shall be determined by the Delegates Council.

20.3 Elected committees may choose to coopt further members as extra members of the committee. Such decisions must be reported to the next Delegates Council meeting for ratification.

20.4 Standing committees shall elect a Convenor, who shall be responsible for '    providing a written report to each Delegates Council meeting.

20.5 No confidence provisions of this constitution relating to office-bearers.shall also apply to members of standing committees.

20.6 Decision-making process of standing committees shall follow the rules for decision-making by the Delegates Council. All decisions made by vote shall be reported to the Delegates Council. Any matter on which a decision cannot be reached must be referred to the Delegates Council.

 

21 Election Campaign Committees

21.1 The Delegates Council may from time to time establish committees to conduct campaigns in support of candidates endorsed for public office.

21.2 The Election Campaign Committees shall each appoint a campaign coordinator.

21.3 The Committees shall have responsibility for the practical day to day decision making required to conduct the campaign, and shall comply with the principles, policies, and decisions of The Greens NSW and the relevant provisions of the Commonwealth and NSW Electoral Acts.

21.4 The campaign coordinators shall provide to the Delegates Council necessary information to demonstrate compliance with the relevant Electoral Acts

21.5 Campaign Committees shall be dissolved after the declaration of the poll for the election for which they were established once all outstanding business, including a written campaign evaluation and financial statement, has been completed.

 

 

 

22. Working Groups

22.1 The Delegates Council may authorise working groups to have an ongoing responsibility in specified areas of activity. Such working groups are subordinate to the Delegates Council and their terms of reference, including purpose, duties, duration, composition, authority and procedures shall be determined by the Delegates Council.

22.2 The Secretary shall provide a current list of working groups at the Annual General Meeting in order for the Delegates Council to determine which groups (if any) should be discontinued.

22.3 Working groups shall have a Convenor, to be elected preferably by the Delegates Council but alternatively by the members of the working group. The Convenor shall be responsible for providing written reports as necessary to Delegates Council meetings.

22.4 No confidence provisions of this constitution relating to office-bearers shall also apply to members of working groups.

22.5 Decision-making process of working groups shall follow the rules for decision-making by the Delegates Council. All decisions made by vote shall be reported to the Delegates Council. Any matter on which a decision cannot be reached must be referred to the Delegates Council.

22.6 Notwithstanding the provisions of Section 22.1 a working group whose terms of reference include any responsibility for policy development as provided in Section 13 shall operate according to the following:

  1. Membership and meetings of the working group shall be open to all members;
  2. The working group may submit proposals for changes to the Policy of The Greens NSW, within the working group's area of responsibility, to the Delegates Council subject to the terms of Section 13.4;
  3. The Convenor of the working group shall liaise with the Committee of Management, Electoral Campaign Committee or Parliamentary offices as required. The convenor does not have the authority to speak publicly on behalf of The Greens NSW except where explicitly authorised by this constitution or by the Delegates Council;
  4. The working group may submit proposals to the Delegates Council to authorise one or more of its members be to be spokespeople;
  5. Where a spokesperson already exists for a policy area covered by a working group the spokesperson shall become a member of the working group. Wherever reasonably possible the spokesperson shall liaise with the working group prior to speaking publicly on behalf of The Greens NSW;
  6. Dates and agendas of meetings where policy is to be considered shall be advertised to members of the working group and local group contacts at least 14 days in advance of any meeting;
  7. The working group shall endeavour to promote broad discussion of its particular policy area(s) within The Greens NSW;
  8. The working group shall make use of the internet to involve all interested Greens members in its processes.

 

23. Year, Finances, Sources and Management of Funds

  1. The year of The Greens NSW shall be the twelve (12) months, 1 July to 30 June. Annual accounts, subscriptions and fees shall cover this period.
  2. The funds of The Greens NSW shall be derived from annual subscriptions of members, donations and other sources determined by decision of the Delegates Council.
  3. All monies received by The Greens NSW shall be deposited as soon as practicable and without deduction to the credit of The Greens NSW's bank or Credit Union account. The financial institution used will be determined by the Delegates Council.
  4. The Greens NSW shall, as soon as practicable after receiving any money, issue an appropriate receipt.
  5. Each member-group and each member (non-Group) shall pay to The Greens NSW such fees as are prescribed in respect of each member and such fees shall be paid at the time of registration in accordance with section 2.5.
  6. The prescribed fee shall be such amount as is decided by the Delegates Council. It shall not be levied retrospectively.
  7. By the decision by the Delegates Council the funds of The Greens NSW shall he used in pursuance of the objects of The Greens NSW.
  8. All cheques, drafts, bills of exchange, promissory notes and other negotiable instruments shall be signed by any two members of a panel of signatories authorised by the Delegates Council by resolution to do so.

 

24. Common Seal

  1. The common seal of The Greens NSW shall be kept in the custody of the Secretary.
  2. The common seal shall not be fixed to any instrument except by the authority of the Delegates Council or Management Committee and the affixing of the common seal shall be attested by the signatures of the Secretary and one non office-bearer member of the Committee of Management.

 

25. Custody of Books

Except as otherwise provided by this constitution, the Secretary shall keep in her/his custody or under her/his control all records, books, and other documents relating to The Greens NSW.

26. Inspection of books

The records, books, and other documents of The Greens NSW shall be open to inspection by any member upon reasonable written notice being given to the Secretary.

 

27. Insurance

  1. The Greens NSW shall effect and maintain insurance pursuant to Section 44 of the Associations Incorporation Act.
  2. In addition to the insurance required under Clause above The Greens NSW may effect and maintain other Insurance.

 

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