Australian Labor Party (NSW Branch) Rules 2017 AS AMENDED by the 2017 ANNUAL STATE CONFERENCE RULES 2017

Australian Labor Party (NSW Branch) Rules 2017 AS AMENDED BY THE 2017 ANNUAL STATE CONFERENCE RULES 2017

Contents

Basic principles of the ALP – Origins, Objectives, Policy Committees ...... 25 Principles of Action, Membership and Representation (at Annual Conference) ...... 26 Organisation ...... 4-5 Code of Conduct ...... 6 Section C Rights and Responsibilities ...... 29

Section D RULES Administrative Committee ...... 30 Section A Section E General ...... 7 Ombudsman ...... 35 Life Membership ...... 8 Section F Joining the Party ...... 8 Regional Assemblies ...... 37 Joining your Local Branch ...... 10 Section G Joining the Central Policy Branch ...... 11 Electorate Councils ...... 38 Party Membership Forms ...... 12 State Electorate Councils ...... 42 Membership Renewal ...... 12 Federal Electorate Councils ...... 42 Central Roll ...... 13 FEC Forums ...... 43 Membership Disputes ...... 13 Electorate Assemblies ...... 43 Credential and Ballot Protests ...... 15 Section H Membership and Afliation Fees ...... 16 Local Government ...... 39 NSW Young Labor ...... 16 Section I Involving Union Activists ...... 16 Branches ...... 42 Interpretation ...... 17 Setting up a new Branch ...... 42 Section B Joining a Local Branch ...... 43 Annual Conference...... 19 Local Branch membership ...... 43 Meetings...... 19 Transferring from a Branch ...... 44 Powers ...... 19 Branch Meetings ...... 44 Elections ...... 19 Branch Annual General Meeting and Ofcials . 45 Notice ...... 20 Branch President ...... 47 Credentials (at Annual Conference) ...... 21 Branch Secretary ...... 47 Conference Agenda Committee ...... 21 Branch Treasurer ...... 48 Women’s Forum ...... 22 Branch Records ...... 48 Organising, Recruitment and Training Committee ...... 22 Central Policy Branchs ...... 49 Finance and Compliance Committee ...... 23 Regional Policy Branches ...... 49 Rules Committee...... 21 Online Policy Branches ...... 50 NSW Policy Forum ...... 21 Labor Action Committees ...... 51 Platform Committee ...... 23 Auslan Trial Branch ...... 56

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Section J Section O Tribunals ...... 51 Afrmative Action ...... 77 Right of Appeal ...... 57 For State and Federal Public ofce preselection . 77 Jurisdiction ...... 57 For Local Government preselection ...... 77 Members ...... 58 For Branch positions ...... 77 Powers ...... 59 For Electorare Council positions ...... 78 Procedures ...... 60 Section P Section K NSW Parliamentary Party ...... 79 Finance, Property and Funds ...... 61 Section Q Not For Proﬁt Clause ...... 63 Parliamentary Levy ...... 80 Dissolution Clause ...... 63 Section R Section L Labor Advisory Council ...... 81 Party Journal ...... 64 Section S Home Page / Website ...... 65 Joint Campaign Committee ...... 82 Section M Section T Party Elections ...... 65 Country Labor ...... 83 Returning Ofcers ...... 65 SCHEDULES Alternates ...... 65 Schedule A Membership Applications Secret Ballots ...... 65 and Renewals ...... 85 Voting System ...... 65 Schedule B Declaration for the payment of Section N Membership renewals/applications ...... 86 Endorsements and Selections Schedule C Nomination of Candidate for Public Ofce...... 67 for Public Ofce...... 88 Senate ...... 67 Schedule D1 Candidate’s Consent and Declaration ...... 89 Legislative Council ...... 67 Schedule D2 Public Ofce Casual Vacancies...... 67 Candidate Pledge ...... 89 Selection Procedures ...... 67 Schedule D3 Pledge on Campaign Funds ...... 89 Calling of Nominations ...... 67 Schedule E Membership Pledge ...... 90 Candidates for Selection ...... 68 Schedule F Party Membership Ticket ...... 91 Selection Ballots and Candidate Forums ...... 70 Schedule G Conduct of Ballots Selection Voters (Eligibility to Vote in at Annual Conference ...... 91 Selection Ballots) ...... 70 Schedule H Conduct of Ballots Polling Procedures ...... 72 at all other Party Units ...... 95 Appeals ...... 73 Schedule I Rules of Debate ...... 98 Suspension of Selection Ballots ...... 73 Schedule J NSW Young Labor...... 101 Selection Ballots in Fowler ...... 74 Schedule K Constitution of Country Labor ...... 109 Community Selection Ballots ...... 74 Schedule L Women’s Participation ...... 111

Public Ofce Selection Forums ...... 75 INDEX ...... 113

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Basic Principles of the Australian Labor Party (NSW Branch)

A. ORIGINS 5. Maintenance of and support for a competitive non-monopolistic private sector, including The Australian Labor Party has its origins in: small business and farming, controlled and owned by Australians, operating within clear n the aspirations of the Australian people for a social guidelines and objectives. decent secure, digniﬁed and constructive way of life; 6. The right to own private property.

n the recognition by the trade union movement 7. Recognition and encouragement of the right of the necessity for a political voice to of labour to organise for the protection and take forward the struggle of the working advancement of its interests. class against the excesses, injustices and 8. The application of democracy in industry to inequalities of capitalism; and increase the opportunities for people to work n the commitment by the Australian people in satisfying, healthy and humane conditions, to the creation of an independent, free and and to participate in and to increase their enlightened Australia. control over the decision-making processes afecting them. 9. The promotion of socially appropriate B. OBJECTIVES technology and the monitoring of its The Australian Labor Party is a democratic socialist introduction to ensure that the needs and party and has the objective of the democratic interests of labour, as well as the requirements socialisation of industry, production, distribution of competitive industry and consumer and exchange, to the extent necessary to eliminate demand, are taken into consideration. exploitation and other antisocial features in these 10. The restoration and maintenance of full fields. To achieve the political and social values of employment. equality, democracy, liberty and social cooperation inherent in this objective, the Australian Labor Party 11. The abolition of poverty, and the achievement stands for: of greater equality in the distribution of income, wealth and opportunity. 1. The use of public power at all times with integrity and honesty, and always in the best 12. Social justice and equality for individuals, the interests of the community. family and all social units, and the elimination of exploitation in the home. 2. Redistribution of political and economic power so that all members of society have 13. Equal access and rights to employment, the opportunity to participate in the shaping education, information, technology, housing. and control of the institutions and relationship 14. Reform of the Australian Constitution and which determine their lives. other political institutions to ensure that they 3. Establishment and development of public reflect the will of the majority of Australian enterprises, based upon Federal, State and citizens and the existence of Australia as an other forms of social ownership, in appropriate independent republic. sectors of the economy. 15. Recognition and protection of fundamental 4. Democratic control and strategic social political and civil rights, including freedom of ownership of Australian natural resources for expression, the press, assembly, association, the benefit of all Australians. conscience and religion; the right to privacy; the protection of the individual from

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oppression by the State; and democratic C. PRINCIPLES OF ACTION reform of the Australian legal system. The Australian Labor Party believes that the task 16. The development of a democratic of building democratic socialism is a cooperative communications system, as an integral part process which requires: of a free society, to which all citizens have opportunities for free access. 1. Party members, candidates, elected representatives and party ofcials to act at all 17. Elimination of discrimination and exploitation times with integrity and honesty. on the grounds of class, race, sex, sexuality, religion, political afliation, national origin, 2. Constitutional action through the Australian citizenship, age, disability, regional location, or and State Parliaments, municipal and other economic or household status. statutory authorities; 18. Recognition of the prior ownership of 3. Union action; and Australian land by Aborigines and Islanders, 4. Ongoing action by organised community recognition of their special and essential groups. relationship with the land as the basis of their culture, and a commitment to the return of established traditional lands to the ownership of Aboriginal and Islander communities. D. MEMBERSHIP AND ORGANISATION 19. Recognition and encouragement of diversity of cultural expression and lifestyle within the n Membership of the Australian Labor Party Australian community. is open to all residents of Australia who are prepared to accept its objectives and who 20. The proper management of Australian have associations with no other political party. resources and protection of the environment, whether created by people or nature, to n Australian Labor Party policy is made by safeguard the rights of present and future National Conferences comprising the National generations. and State parliamentary leadership of the Party, together with elected delegates from 21. Maintenance of world peace; an independent all States, the Australian Capital Territory, Australian position in world afairs; the the Northern Territory and Australian Young recognition of the right of all nations to self- Labor. determination and independence; regional and international agreement for arms control n Party policy within the States and Territories and disarmament; the provision of economic is framed by conferences of delegates elected and social aid to developing nations; a by constituent branches and afliated unions. commitment to resolve international conﬂicts n Policy within the Australian Labor Party is through the United Nations; and a recognition not made by directives from the leadership, of the inalienable right of all people to liberty, but by resolutions, originating from branches, equality, democracy and social justice. afliated unions and individual Party 22. Commitment to and participation in the members. international democratic socialist movement as represented by the Socialist International. 23. Recognition of the right of citizens to work for progressive changes consistent with the broad principles of democratic socialism.

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Code of Conduct

1. INTRODUCTION 5. CONFIDENTIALITY AND PRIVACY The Australian Labor Party (NSW Branch), (the The Party is committed to maintaining integrity in Party) endeavours to achieve the political and social all dealings with and between members, ofcials values of equality, democracy, liberty and social and staf of the Party, and the community, both in cooperation. terms of normal conﬁdentiality, and the protection of personal information received in the course of This Code of Conduct (the Code) has been those dealings. prepared to provide guidance for the exercise of the rights, privileges and obligations of each of the members, ofcials and staf of the Party that are 6. DUTY OF CARE consistent with these political and social values. All members, ofcials and staf of the Party are The objective of the Code is to complement the to ensure that all actions and dealings conform Rules, Party policies and relevant legislation. to relevant law, and seek to avoid causing any adverse efect on the human rights of others, the environment, and the reputation of the Party. 2. PARTY UNIT OFFICIALS

Party Unit Ofcials are placed in a position of 7. BULLYING AND HARASSMENT trust by the Party and its membership. Party Unit Ofcials are to act in a manner so as to advance Sexual harassment and bullying are against the law. the interests of the Party and its membership. In Members, ofcials and staf of the Party must not particular: engage in sexual harassment or bullying of each other. • It is the responsibility of all Party Unit Ofcials to uphold the Rules of the Party; • It is the responsibility of all Party Unit Ofcials to assist Party members in relation to Party matters; and • Party Unit Ofcials are expected, while acting lawfully at all times, to act in the best interests of the Party ahead of any other interest.

3. USE OF RIGHTS AND PRIVILEGES, AND FULFILLING OBLIGATIONS All members, ofcials and staf of the Party are to exercise their rights and privileges at all times with integrity and honesty, and always so as to seek to advance the interests of the Party. All members, ofcials and staf of the Party are to fulﬁl each of their obligations under the Rules, policies and legislation at all times with integrity and honesty, and always so as to seek to advance the interests of the Party.

4. COMPLIANCE WITH POLICIES All members, ofcials and staf of the Party are to strive to fulﬁl the requirements of the policies of the Party as adopted by the Party, the Annual Conference, the Administrative Committee and the Branch Executive (the Party Ofcers) from time to time.

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SECTION A when they apply for Party membership. A person who has at any time opposed an General ofcially selected Party candidate during an election must declare this fact. A.1 The Australian Labor Party (NSW Branch), hereinafter termed “The Party” is a voluntary False statements, or leaving out information not-for-profit unincorporated association. on the application form, is grounds for the Administrative Committee to refuse, or A.2 The Party has the objective of: withdraw, Party membership. (i) the democratic socialisation of industry, (c) A person applying for membership who has production, distribution and exchange, been a member or an active supporter of to the extent necessary to eliminate another political party or one of its afliated exploitation and other anti-social features organisations, or who has opposed an in these fields; and ofcially selected Party candidate during (ii) the pursuit of social justice and equality in an election, will have his/her application all areas of human endeavour. considered by the Administrative Committee before a decision will be made as to whether The Party seeks to achieve this objective he/she can join the Party. through constitutional action through the Australian and State Parliaments, A.7 Local Government and other statutory (a) It is a condition of Party membership that a authorities. member must not: A.3 The Party is made up of: (i) Stand for public ofce, or nominate n afliated trade unions; and another person for public ofce, against an ofcially selected Party candidate. n individual members. The Party is an unincorporated entity. (ii) Stand for public ofce, or nominate another person for public ofce, when the A.4 Administrative Committee has decided (a) Any trade union wanting to join the Party that Party members should not nominate. should apply in writing to the Administrative (iii) Actively oppose the Party or the Party’s Committee of the NSW Branch. The union ofcial candidate during an election. should include a copy of its constitution, Rules and a statement of its financially paid-up (iv) Join, or apply to join, another political membership. party or one of its afliated organisations. (b) The Administrative Committee will consider (v) Fail to nominate after being selected the application and may decide to make a as the Party’s ofcial candidate in an report to the Party’s Annual Conference. election. (c) With the authority of the Annual Conference, (vi) Resign from public ofce without the Administrative Committee may accept or obtaining the permission of the reject the application. Once a union has been Administrative Committee. accepted it can send delegates to the Annual (vii) Engage in or have ever engaged in Conference. The number of delegates is given corrupt conduct. in Rule B.22. Note: ‘Public Ofce’ means any Public Ofce A.5 Any person 15 years and over can join the for which a member may be ofcially Party. selected or appointed to represent the A.6 Party, including Local Government. (a) A person who is a member of another political (b) Any member who fails to comply with the party or one of its afliated organisations membership conditions set out in this Rule cannot join the Party. Country Labor is not cannot remain in the Party. He/she will be included for the purposes of this Rule. regarded as having been expelled from the Party. (b) A person who was a member or an active supporter of another political party or one of The expulsion from membership under this its afliated organisations must provide details Rule shall take efect at the time and date

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of any breach of this Rule is subject first to (e) The Administrative Committee can notification to the Administrative Committee recommend to the Annual Conference members by the General Secretary. those people it considers suitable for Life Membership, but three-quarters of the (c) Any member who has been charged with: members of the Administrative Committee bringing the Party into disrepute, disruptive must agree on each recommendation. tactics, disloyal or unworthy conduct, action or conduct contrary to the principles (f) The Annual Conference can only make people and solidarity of the Party; which causes Life Members if they have been recommended immediate electoral damage to the Party may by the Administrative Committee. be suspended by the Party Ofcers pending (g) A Life Member will be presented with an charges being referred to the Administrative ofcial badge and certificate. Committee (Refer Rule A.33). (h) Life Members may renew their Party A.8 membership free of charge. Their membership (a) A member’s resignation will not be accepted tickets will be endorsed “Life Member”. if the Administrative Committee believes that it has been put forward to avoid the Joining the Party consequences of the membership conditions being broken as stated in Rule A.7. Such a APPLYING TO JOIN THE PARTY person will be regarded as a Party member A.10 until the time and date when the membership (a) Except as provided in Rule A.23(a), an conditions were broken and the General application to join the Party is only valid if it is Secretary notified the members of the made in accordance with this Rule. Administrative Committee. (b) A person must personally apply to join the (b) A member expelled for breaking the Party by: membership Rules cannot be readmitted to the Party unless allowed to do so by the (i) Completing a Membership Application Review Tribunal. For more information on the Form; Review Tribunal see Section J. (ii) Submitting the Membership Application Form to the Party Ofce; and Life Membership (iii) Paying the correct Membership Fee. A.9 The Annual Conference can give Life (c) Unless they are applying to join the Party Membership of the Australian Labor Party online, a person must sign their own (NSW Branch). Membership Application Form. (a) Someone can be nominated (put forward) for (d) A person must submit their Membership Life Membership if they have been an active Application Form to the Party Ofce and pay member of the Party for 40 years or longer the correct Membership Fee by: and have retired from public ofce. (i) Mailing the signed Membership (b) Only the Administrative Committee, Electorate Application Form to the Party Ofce with Councils, Labor Action Committees, branches the correct Membership Fee; or and afliated unions can nominate a person for Life Membership. (ii) Personally handing in the signed Membership Application Form at the (c) Nominations for Life Membership must be Party Ofce with the correct Membership sent to the General Secretary 6 weeks before Fee; or the first day of the Annual Conference. Nominations should describe the background (iii) Arranging for a person to hand in the and history of service of the person who has signed Membership Application Form been nominated. at the Party Ofce with the correct Membership Fee; or (d) Party Ofcers will prepare a report for the Administrative Committee. This report will (iv) Submitting the Membership Application recommend which people are considered Form online and paying the correct suitable for Life Membership. Membership Fee by electronic funds transfer from their personal account, or with their personal credit card; or

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(v) Personally attending a branch meeting, (ii) Is not a Pending Member. paying the correct Membership Fee to (c) A New Member’s Party membership the Branch Secretary during the meeting, commences on the day on which the Party having the Membership Fee receipted, Ofce receives their Membership Application signing the branch attendance book, Form and the correct Membership Fee. and arranging for the Branch Secretary to hand in the signed Membership (d) A Pending Member’s Party membership Application Form at the Party Ofce with commences on the day on which their the correct Membership Fee. application is approved by the Administrative Committee. (e) A person who hands in a signed Membership Application Form at the Party Ofce with the (e) Within thirty days of a person’s Party correct Membership Fee on behalf of another membership commencing, the Party Ofce person under subsection (d)(iii) must provide must: identiﬁcation. (i) Issue them a Party Membership Card; (f) The Party Ofce must keep a record of the (ii) Inform them of their relevant branch and identity of a person who hands in a signed other branches in the state electorate; Membership Application Form at the Party and; Ofce with the correct Membership Fee on behalf of another person under subsection (d) (iii) Notify the relevant Branch Secretary that (iii). the member has joined. (g) A person who hands in signed Membership ADMINISTRATIVE COMMITTEE Application Forms on behalf of another TO BE PROVIDED INFORMATION person must ﬁll in the declaration form in A.13 Schedule B. The Party Ofce must keep a (a) At each Administrative Committee meeting, record of these forms. the Administrative Committee must be (h) The Administrative Committee may establish provided with: procedures to ensure that applicants are (i) A list of all New Members who have joined personally applying for their own membership the Party since the last Administrative and paying with their own funds. Committee meeting; and (i) Each new member of the Party shall be (ii) A list of all Pending Members who have provided with a copy of the current Rules. applied to join the Party since the last A member shall be provided a copy of the Administrative Committee meeting. current Rules on request. (b) These lists must contain the following INSPECTION information: A.11 (i) Name; (a) All Membership Application Forms must be available for inspection by a member of the (ii) Address; Administrative Committee or the Internal (iii) Category of membership; Appeals Tribunal on request. (iv) Branch; (b) All records associated with the payment of Membership Fees must be available for (v) State/Federal Electorates; inspection by any full-time Party Ofcer on (vi) Occupation; request. (vii) Union membership; and JOIN DATE (viii) Details of any membership of another A.12 political party. (a) A Pending Member is a person: (c) Every third month, the Administrative (i) Who applies to join the Party in Committee must be provided with: accordance with Rule A.10; and (i) Number of renewals (ii) To whom Rule A.6(c) applies. (ii) Number of resignations (b) A New Member is a person who: (iii) Number of deceased members (i) Applies to join the Party in accordance (iv) Number of changes to residential with Rule A.10; and; addresses 9 RULES 2017

(v) Number of changes to postal addresses (iii) Rescinded. The information shall be reported on the basis (e) The Membership Sub-Committee may decide of State electorate. that a Pending Member’s application to join the Party be: (d) Every third month, a list of residential or postal addresses that have more than 4 people (i) Accepted efective from the day on which using that address must be provided to the the Administrative Committee referred Administrative Committee. the application to the Membership Sub- Committee; or (e) These lists must be available for collection by any Administrative Committee Member at (ii) Deferred for further information; or least one hour prior to the commencement of (iii) Deferred; or an Administrative Committee meeting. (iv) Rejected. REFERRAL BY THE ADMINISTRATIVE COMMITTEE A.14 (f) If a New Member’s application to join the Party is referred to the Membership Sub-Committee, (a) An Administrative Committee member may their Party membership remains valid and request that a New Member’s application to efective unless and until their application to join the Party be referred to the Membership join the Party is rescinded by the Membership Sub-Committee. Sub-Committee. (b) An Administrative Committee member COUNTRY LABOR MEMBERSHIP may request that a Pending Member’s A.16 application to join the Party be referred to the Membership Sub-Committee. A person who is a Party member and lives in the Designated Country Area is also a member of MEMBERSHIP SUB-COMMITTEE Country Labor. A.15 (a) The Membership Sub-Committee consists of Joining your local branch three Administrative Committee members APPLYING TO JOIN A BRANCH selected by the Administrative Committee from time to time according to the principles A.17 of proportional representation. (a) A Person applies to join a branch by: (b) The Membership Sub-Committee considers (i) Attending an ordinary branch meeting; applications to join the Party referred to it by (ii) Signing the attendance book; and the Administrative Committee. (iii) If their Party Membership Card has been (c) The Membership Sub-Committee must be issued, showing it to the Branch Secretary provided with: (b) A person’s branch membership starts from the (i) A copy of each Membership Application branch at which they: Form; (i) Apply to join the branch in accordance (ii) A breakdown of applicants by state and with subsection (a); and federal electorate; and (ii) Are a Party member when they attend (iii) If requested by the Sub-Committee, the the meeting or become a Party member payment and receipt details for individual within 30 days of the meeting. New Members, individual Pending Members, groups of New Members of (c) All applications to join a branch must be noted groups of Pending Members. in the branch minutes. (d) The Membership Sub-Committee may decide Note: Rule I.7 requires people applying to join that a New Member’s application to join the a branch to live within the state electorate and Party be: be correctly enrolled if they are a citizen of voting age. (i) Accepted efective from the day on which the Party Ofce received their Note: Rule I.9 provides that a diferent process Membership Application Form and the applies for an existing branch member who correct Membership Fee; or transfers into a new branch. (ii) Deferred for further information; or

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SPECIAL RULE FOR MPS (g) If the Administrative Committee finds that the A.18 recruitment of the applicants was not bona fide, then: (a) If a Member of Parliament lives outside the electorate they represent, they may join a (i) If there were less than twenty applicants, branch in the electorate they represent in their applications for Branch membership addition to a branch in the electorate in which will be deferred for six months from the they live. date of the branch meeting; or (b) A Member of Parliament who joins a branch (ii) If there were twenty or more applicants, under this Rule does not have voting rights in their applications for Branch membership that branch. will be deferred for twelve months from the date of the branch meeting. TRIPWIRE (h) An applicant is a member of a branch unless A. 19 and until it is found that their recruitment was (a) This Rule applies if: not bona fide. (i) Five or more members apply to join a (i) The Administrative Committee may refer a branch at one ordinary meeting; or matter under this Rule to the Internal Appeals Tribunal. (ii) More than fifty members apply to join a branch at one formation meeting; or (j) If the Administrative Committee refers a matter under this Rule to the Internal (iii) Five or more members from one SEC Appeals Tribunal, the Internal Appeals apply to join the Central Policy Branch at Tribunal must consider the matter and make one ordinary meeting. a recommendation to the Administrative (b) A member applying to transfer from one Committee within two months of the matter branch to another is a member applying to being referred. join a branch for the purposes of subsection (a). Joining the Central Policy Branch (c) A Branch Secretary must send the General A.20 Secretary the following information about each of the applicants within seven days of a (a) A Party member joins the Central Policy branch meeting: Branch by attending a meeting and applying for membership of the Branch. The applicant (i) Name; must sign the attendance book and complete (ii) Address; an application to join the Branch. (See Rule I.28(d)) (iii) Membership number; (b) The application will be passed to the (iv) Category of membership; and Membership Sub-Committee of the (v) If the applicant is transferring from one Administrative Committee for consideration branch to another, their former branch. and report to the next meeting of the Administrative Committee for approval. (d) If a member believes that the recruitment of the applicants was not bona fide, they may (c) The member will be admitted to the Central object to the Administrative Committee: Policy Branch after being approved by the Administrative Committee. (i) Within thirty days of the branch meeting; or (d) An applicant must attend a meeting within four calendar months of applying for (ii) If the Branch Secretary fails to comply membership of the Branch. If the applicant with subsection (c), within seven days of does not attend a meeting within this time, the information becoming available. his/her application will be regarded as (e) If a member objects within the time permitted having lapsed. They then must make a fresh under subsection (d), the Administrative application to join the Branch. Committee must determine whether the recruitment of the applicants was bona fide. Party Membership Forms (f) The member objecting must provide evidence A.21 that the recruitment of the applicants was not (a) Subject to these Rules and Annual Conference, bona fide.

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the Administrative Committee may decide on (iii) Retired; or the form of the following documents: (iv) A pensioner. (i) Membership Application Form; (c) Concessional Members pay a reduced (ii) Membership Renewal Form; Membership Fee. (iii) Party Membership Card; (d) Life Members need not pay a Membership Fee. (iv) Transfer Clearance; (e) A person who submits a Membership (v) Branch Charter Application; and Application Form on or after 1 July need only (vi) LAC Application. pay half of the relevant Membership Fee. (b) The Membership Application Form and (f) Membership Fees are not refundable. Membership Renewal Form must: REQUIREMENTS IN RELATION (i) Require the applicant or renewing TO MEMBERSHIP FEES member to sign the form; and A.23 (ii) Contain a declaration by any applicant or (a) A person must pay their own Membership Fee. renewing member paying a concessional Membership Fee that they are entitled to (b) The Administrative Committee may establish that reduced rate, and indicating the basis procedures to ensure that applicants are on which the entitlement is claimed. paying their own Membership Fee. (c) The Administrative Committee may: (c) A person must pay the Membership Fee that applies to them as determined by the (i) Establish levels of documentation required Administrative Committee. to support a claim of entitlement to a concessional Membership Fee; and (d) If it is found after an applicant’s Party membership has commenced that they paid (ii) Implement procedures to ensure an incorrect Membership Fee, they may compliance with subsection (b)(ii). remedy the defect by paying the outstanding (d) The Party Membership Card must show: amount within thirty days. (i) Member name; (e) If it is found after a Party member’s renewal date that they paid an incorrect Membership (ii) Member address; Fee, they may remedy the defect by paying (iii) Member signature; the outstanding amount within thirty days. (iv) Membership number; (f) Except as provided in Rule N.21, paying an incorrect Membership Fee is not grounds for a (v) Renewal date; and credentialling challenge. (vi) Expiry date. (g) Paying an incorrect Membership Fee is not (e) The Party Membership Card must contain a grounds for a membership disputes charge. declaration that the Party member supports the Party’s Rules and Platform. Membership Renewal MEMBERSHIP YEAR Party Membership Fee A.24 ADMINISTRATIVE COMMITTEE SETS MEMBERSHIP FEES (a) The Membership Year runs from 1 December each year to the following 30 November. A.22 (b) An annual membership expires on 30 (a) Subject to these Rules and Annual November each year. Conference, the Administrative Committee sets the Membership Fee. (c) A three year membership expires on the third 30 November occurring after the Party (b) A Concessional Member is a person who is: Membership Card was issued, unless the Party (i) Under 18 years of age; or Membership Card was issued in November, where the membership expires on the fourth (ii) Unemployed; or 30 November occurring on or after the Party

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Membership Card was issued. A.27 (d) A Party Membership Card may be issued (a) A Party member is taken to have renewed between 1 November of one year and 30 their membership on the day on which the November of the following year. Party Ofce receives their Membership Renewal Form. MEMBERSHIP RENEWAL FORM A.25 (b) In the case of a Life Member or a Party member renewing under Rule A.26(c)(iii), (a) The General Secretary is responsible for the member is taken to have renewed their sending a Membership Renewal Form to all membership on 1 November. Party members who are required to renew in a given Membership Year. (c) Within thirty days of receiving a person’s Membership Renewal Form, the Party Ofce (b) A Membership Renewal Form must be sent to must issue the member a Party Membership all Party members who are required to renew Card for the new Membership Year. in a given Membership Year but have not yet renewed: (d) If a person is a Life Member or a Party member renewing under Rule A.26(c)(iii), they (i) In October, prior to the commencement of must be automatically sent their new Party the new Membership Year; and Membership Card by 1 November each year (ii) In January, after the commencement of for the following Membership Year. the new Membership Year. CONTINUITY HOW TO RENEW A.28 A.26 (a) A Party member only retains continuity (a) A person must personally renew their Party of membership if they renew their Party membership by: membership on or before 31 March in the Membership Year for which new Party (i) Completing a Membership Renewal Form; Membership Cards are being issued. (ii) Submitting the Membership Renewal (b) If a Party member fails to renew their Party Form to the Party Ofce; and membership in accordance with subsection (iii) Paying the correct Membership Fee. (a), they may renew their Party membership without having to reapply to join the Party (b) Unless they are renewing their Party if they pay two years’ worth of the correct membership online or over the phone, a Membership Fee on or before 31 March of the person must sign their own membership following year. renewal form. (c) If a Party member fails to renew their (c) A person must submit their Membership membership in accordance with subsection Renewal Form to the Party Ofce and pay the (a) or (b), they must reapply to join the Party. correct Membership Fee by: (i) Any of the means in Rule A.10(d); or Central Roll (ii) Phone, using their personal credit card; or A.29 The General Secretary is responsible for (iii) Signing a standing authority for the compiling and keeping a Central Roll of the renewal of their Party membership Party membership. The Central Roll contains and payment of their Membership Fee the details supplied by members in their by electronic funds transfer from their membership applications or renewals. The personal account, or with their personal Central Roll can be examined by any member credit card. of the Administrative Committee. The Central Roll must be available as either a visual display (d) Despite subsection (c), a Party member may or a printout. renew the Party membership of a dependent family member resident in the same Membership Disputes household. A.30 Any member whose name does not appear (e) A Life Member need not complete a on the Central Roll can appeal to the Membership Renewal Form. Administrative Committee. The Administrative RENEWAL DATE Committee, by unanimous decision, can put

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the member’s name back on the Central consideration and determination. Roll without further enquiry if it is satisﬁed (i) The Administrative Committee may, that the name was left out by mistake or it prior to referring a charge to the Internal can refer such appeals to the NSW Internal Appeals Tribunal, decide that the member Appeals Tribunal. The NSW Internal Appeals who is the subject of the charge be Tribunal will report back to the Administrative suspended. Committee within two months with a decision. (ii) A member afected by this type of A.31 Any member whose local branch membership decision can appeal the decision to the is refused, and any member who considers Internal Appeals Tribunal. that an application for local branch membership should have been refused, can (d) The member who has been charged will be appeal to the Administrative Committee. given fourteen days notice of the speciﬁc When the Administrative Committee has charge before the matter is heard by the NSW considered the appeal it can direct the branch Internal Appeals Tribunal for consideration to allow the member to join, or rescind the and determination. acceptance of the application. (e) The Internal Appeals Tribunal can decide A.32 that the member charged be reprimanded, or suspended, or suspended with loss of (a) Any member of the Party can appeal to continuity of membership, or expelled, or the Administrative Committee against the another appropriate decision, or the charge admission of a new member. The appeal must may be dismissed. state the reasons why the individual is not eligible to join the Party. (f) In accordance with Rule A.7(b) the Administrative Committee may suspend (b) The Administrative Committee will refer any or expel a Party member. appeals against an individual membership application to the NSW Internal Appeals (g) Where a charge has been upheld against Tribunal for consideration and determination. a member, that member can appeal to the Review Tribunal upon payment of the fee A.33 presecribed in Rule J.1(c) within fourteen (a) Any member can charge another member days of the decision of the Internal Appeals with: Tribunal.

n bringing the Party into disrepute; (h) Without limiting the generality of (a) above “unworthy conduct” includes the following n action or conduct contrary to the conduct: principles and solidarity of the Party; (i) funding Party memberships for other n disloyal or unworthy conduct; individuals or groups of individuals who n disruptive-tactics; would otherwise be unwilling to pay their own subscriptions; n making public statements about internal Party matters which may harm the best (ii) encouraging person(s) to take out interests of the Party; reduced- rate Party membership knowing that those person(s) may not be eligible n not supporting the Platform (policies) for that category of membership; and Rules of the Party to the best of the member’s ability; or (iii) knowingly recruiting member(s) who do not live at their claimed addresses in an n failing to vote and work for ofcially attempt to gain advantage at local Party selected Party candidates. meetings or the outcome of Party ballots; (b) The charge when lodged must be (iv) falsifying attendance or minute books. accompanied by a deposit of $50 plus $5 per member charged as a guarantee of good (i) Without limiting the generality of subsection faith - the deposit will be returned if there (a), ‘bringing the party into disrepute’ may are reasonable grounds for the charge being include members being investigated by a made. public authority for improper conduct, where that investigation is bringing the Party into (c) The Administrative Committee will refer disrepute. any charge against an individual member to the NSW Internal Appeals Tribunal for

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A.34 is unworthy conduct for a member to seek to improperly influence the decision making of a (a) Any person expelled under Rule A.33 (above) member of the Independent Appeals Tribunal cannot be admitted to the Party again without or the Review Tribunal in any matter that is the authority of the Review Tribunal. before the tribunal or is likely to come before (b) Unless it is decided otherwise, members the tribunal. who are suspended will not lose continuity A.36 of membership. However, members who are suspended between 1 January and 31 March (a) A candidate in a branch or Electorate Council must, to keep their continuity of membership, ballot can protest to the Internal Appeals apply to the Administrative Committee for Tribunal over the conduct of the ballot. All a membership ticket. If the Administrative protests must: Committee agrees to issue a membership (i) Be received in writing by the General ticket under this Rule this will not reduce or Secretary, within seven days of the result end the period of suspension. being announced. (c) Suspended members continue to be subject (ii) Detail the basis for the protest and include to the Rules and Principles of the Party. a deposit of $50 plus $5 for each member Suspended members can be charged for an charged. The deposit will be returned if alleged ofence during their suspension and there is good reason for the protest. are liable for additional disciplinary action under these Rules. (b) The Internal Appeals Tribunal only deals with specific matters in the protest. It is the final Credential and Ballot Protests decision-maker, other than the right of appeal under Rule J.2(c)(i). A.35 A.37 (a) A protest can be made to a list of voters, the validity of notice or the validity of nominations (a) A protest can be made after a list of voters for a branch or Electorate Council ballot. A has been prepared for preselection for public branch member can only protest about the ofce. A member can only protest about the list of voters, validity of notice or validity of list of voters in their electorate. All protests nominations for his/her branch. An Electorate are made to the Internal Appeals Tribunal but Council delegate can only protest about the must: list of voters, validity of notice or validity of (i) Be received in writing by the General nominations for his/her Electorate Council. Secretary, within seven days (or such All protests are made to the NSW Internal Appeals other period as the Administrative Tribunal but must: Committee may determine) of the credentialling. (i) Be received in writing at the Party Ofce by the General Secretary by 5 pm two (ii) Detail the basis for the protest and include working days before the Ballot. a deposit of $50 plus $5 for each voter challenged. The deposit will be returned if Note: Credentialling is the process where there is good reason for the protest. by a list of members is determined who can vote in Party ballots. (b) The Internal Appeals Tribunal only deals with specific matters in the protest. It is the final (ii) Detail the basis for the protest and include decision-maker, other than the right of appeal a deposit of $50 plus $5 for each member under Rule J.2(c)(i). charged. The deposit will be returned if there is good reason for the protest. (c) There cannot be a protest or appeal over a list of eligible voters after the date (b) The Internal Appeals Tribunal only deals with for credentialing challenges set by the specific matters in the protest. It is the final Administrative Committee has passed. decision-maker, other than the right of appeal under Rule J.2(c)(i). A.38 (c) There cannot be a protest or appeal by any (a) A candidate in a pre-selection ballot for public member over a list of eligible branch or ofce can protest to the Internal Appeals Electorate Council voters after voting has Tribunal over the conduct of the ballot. All closed. protests must: (d) Without limiting the generality of the term it (i) Be received in writing by the General 15 RULES 2017

Secretary, within seven days of the result previous year; and being announced. (ii) advice on the number of members that (ii) Detail the basis for the protest and include union will afliate on for the current year a deposit of $50 plus $5 for each member (which must be equal to or less than the charged. The deposit will be returned if number of members determined by the there is good reason for the protest. independent audit for the previous year); (b) The Internal Appeals Tribunal only deals with (iii) and all such sealed envelopes must be specific matters in the protest. It is the final opened at the same time in the presence decision-maker, other than the right of appeal of scrutineers appointed by afliated under Rule J.2(c)(i). unions. (c) There cannot be a protest or appeal over a list (d) Union delegation sizes must be based on of eligible pre-selection voters after voting has the three year rolling average of that union’s closed. afliation for the current and two preceding years. A.39 (e) Afliation fees will be payable on a financial All decisions of the Internal Appeals Tribunal are to year basis. be reported to the next subsequent Administrative Committee. (f) In the event of an afliated union being six months in arrears in its afliation fees to the Membership and Afliation Fees Party, the Administrative Committee may decide that such afliated union shall not A.40 be entitled to be represented at any Annual (a) Unions pay afliation fees each year in Conference or Special Meeting of Annual advance on their membership in the State as Conference, until such arrears are paid. it is defined in the Rules and as decided from time to time by the Administrative Committee, NSW Young Labor subject to the authority of Annual Conference. A.41 NSW Young Labor will operate in accordance From 1 July 2010 the union afliation fee shall with Schedule J. be indexed annually by increases in the annual March quarter Sydney Consumer Price Index. Involving Union Activists Unions shall be notified by 1 May in each year A.42 of the proposed change in the afliation fee. (a) A member of the Party who is currently A form on which to make this return is working for remuneration (including casual available from the NSW Party Ofce. workers) and who is eligible for membership (b) For the purposes of calculating union of a registered trade union is encouraged to delegation sizes and afliation fees, the be a financial member of the relevant union number of members of each afliated which covers the major and substantial part of union must be determined each year by an any work performed. independent audit by a registered auditor of: (b) An employer who joins the Party must (i) The number of members eligible to vote encourage his or her employees to become in a ballot for an ofce in that union at 31 and remain members of the relevant trade December as conducted by the Australian union covering their work and observe Electoral Commission or NSW Electoral the applicable industrial laws, awards and Commission; and agreements. (ii) The number of members identified (c) All Labor lower house MPs should establish in subsection (i) for whom the union dialogue with local activists from afliated received an amount of dues in relation unions in their electorates, including frequent to the period between 1 October and 31 meetings with those union activists who work December inclusive for that year. in their area. (c) Each afliated union must by 4pm on the last All Labor Senators and MLCs should meet Friday in February each year provide to the with local activists from afliated unions in General Secretary in a sealed envelope: their duty electorates and may also be invited to meetings in the electorate in which they are (i) the independent audit report for the

16 RULES 2017

resident. All Local Government Labor Councillors (ii) any thing may be done for the purpose should meet with local activists from afliated of enabling such an instrument to be unions in their Local Government Areas (LGA). made or of bringing such an instrument into efect, is valid as if the Rule changes Interpretation concerned had commenced and been in force at that time. A.43 (d) If an amendment is made to these Rules (a) relating to the composition of Annual (i) In these Rules, the word “may”, if used to Conference that amendment takes efect confer a power, indicates that the power upon the conclusion of the Annual Conference may be exercised or not, at discretion. which adopts the Rule change. (ii) In these Rules, the word “shall”, if used (e) Except in so far as the context or subject- to impose a duty, indicates that the duty matter otherwise indicates or requires, must be performed. reference in these Rules to a Returning Ofcer, in relation to: (iii) In these Rules “local selection ballot” means a selection ballot, but does not (i) an election for an ofce holder of the include any selection ballot that is called Party Unit or a Delegate representing the as a joint selection ballot. Party Unit - means the Returning Ofcer of the Party Unit; (iv) In these Rules “joint selection ballot” means a selection ballot conducted (ii) a selection for public ofce, an election at pursuant to Rule N.41. the Annual Conference, a ballot by a NSW Young Labor Conference and a ballot (v) In these Rules, ‘country area’ and called by the Administrative Committee – ‘Designated Country Area’ mean the means the General Returning Ofcer. geographic area that the Administrative Committee has deﬁned as country for the (f) Schedule I applies to meetings of Party Units purposes of these Rules. constituted by these Rules, but it does not apply to any meeting or committee of either (vi) In these Rules “Party Unit” includes the State or Federal Parliamentary Labor Country Labor, Young Labor Associations Party. and all branches, committees and councils of the Party referred to in these Rules. (g) The schedules referred to in these Rules form a part of these Rules. However, Schedule (b) A (Application for Membership Form) (i) In these Rules a reference to “function” and Schedule C (form for Nomination of a includes a reference to a power, duty and/ Candidate for Public Ofce) and Schedule or authority. F (Membership Ticket) may be amended by resolution of the Administrative Committee. (ii) Any functions delegated in accordance with these Rules may still be exercised by (h) In these Rules, ‘corrupt conduct’ has the delegator whilst that delegation is in the meaning given by the Independent force. Commission Against Corruption Act 1988 (NSW). (c) If an amendment is made to these Rules relating to the conduct of elections at the (i) In these rules unless speciﬁcally dealt with Annual Conference that amendment – to “Notice” shall mean seven ‘clear days’ notice in the extent it is practicable for it do so – writing. takes efect immediately and applies to the (j) In these Rules, ‘property developer’ and elections conducted at the same Annual ‘close associate of a property developer’ has Conference. For the purposes of this clause the meaning given by the Election Funding, if the Rule changes confer a power that must Expenditure and Disclosures Act 1981. or may be exercised by the making of an instrument necessary for the conduct of the (k) In these Rules, “Real estate agent” has the elections at Annual Conference then: meaning given by the Property, Stock and Business Agents Act 2002. (i) an instrument that was made prior to the adoption of the Rules changes by Annual Conference, and 17 RULES 2017

(l) In these Rules, ‘Board of Directors’ includes, but is not limited to, a body that oversees the activities of a company or organisation, regardless of the name that is given to that body.

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SECTION B from members about the accounts and statements that are presented.

ANNUAL CONFERENCE (v) Annual Conference can decide that certain issues, which have moral and Meetings social consequences, will be decided with a free vote rather than being subject to B.1 The Party will hold its Conference annually and Caucus discipline. the date will be decided by the Administrative Committee. Elections

Powers B.3 B.2 The Annual Conference is the supreme policy (a) The Administrative Committee must call for making and governing body of the Party in nominations for the positions to be elected New South Wales. The Annual Conference has at an Annual Conference no less than eight the power: weeks before the opening day of that Annual Conference. (i) To alter or change the Rules and Platform (policies) of the Party; (b) When calling for nominations for positions to be elected at the Annual Conference the (ii) To elect the Party Ofcers, Organisers, Administrative Committee must outline the Trustees, National Conference Delegates, number of positions which must be held by Conference Agenda Committee, a woman in accordance with the minimum Administrative Committee, Women’s percentages outlined in Section O. Forum, General Returning Ofcer and sixteen Assistant General Returning B.4 To be eligible to nominate for a position Ofcers and to choose the various elected by Annual Conference, a person must Ofcials and Committees needed to have one year of continuous financial Party conduct Annual Conference and to membership immediately prior to the date of receive and consider reports from those calling for nominations. Committees. B.5 Candidates standing for election by Annual By way of transitional arrangement, the Conference must be nominated in writing by Administrative Committee may appoint at least five members, each of whom must however many additional Assistant have been a member of the Party for at least Returning Ofcers are necessary to reach twelve months. Nominations must carry the a maximum of sixteen Assistant Returning signed acceptance of the person who has Ofcers as provided in this rule, following been nominated, and must be lodged with the the 2017 Annual Conference, whose terms General Returning Ofcer in the way, time and are to conclude at the following Annual date decided by the Administrative Committee. Conference B.6 (iii) To pre-select candidates for the NSW (a) The Annual Conference will elect: Legislative Council and Australian Senate. (i) The President, who holds ofce for two (iv) Annual Conference appoints an Auditor conferences; each year who must be a qualified (ii) The Senior Vice-President who holds practising accountant. Each year the ofce for two conferences; Auditor presents a Report on the Statements of Account and Balance Sheet (iii) Two Junior Vice-Presidents, who hold of the Party for the previous financial ofce for two conferences. Of the year. The General Secretary provides the President and Vice Presidents at least one Auditor with all books of account, bank should be a woman; statements, used cheques, duplicate (iv) The General Secretary, who holds ofce receipts and any other documents or for four Annual Conferences; vouchers the General Secretary may be asked to produce for such an audit. It is (v) Two Assistant General Secretaries, who a condition of the Auditor’s appointment hold ofce for four Annual Conferences; that the Auditor agrees to attend (vi) Three Trustees, who hold ofce for two Conference and answer any questions conferences;

19 RULES 2017

(vii) The remaining number of National successor, unless the position falls vacant Conference Delegates required elected because the ofce-holder: by the Afliated Union delegates to n dies; the Annual Conference, following the automatic election of the Party Ofcers n resigns the ofce by instrument in as delegates and the delegation elected writing addressed to the General by Federal Electorate Councils, who hold Secretary; ofce for one National Conference; n becomes a mentally incapacitated person; or

(viii) 36 members of the Administrative n ceases to be a member of the Party, Committee, who hold ofce for two such a vacancy is called as “casual conferences; vacancy” in these Rules. A person elected to a position by Annual (ix) 15 members of the NSW Labor Women’s Conference ceases to hold that Forum, including a Chair, Deputy Chair position if these Rules do not require and Secretary, who hold ofce for two the continued existence of the position conferences; ceases to exist. (x) 15 members of the Country Labor (iii) When a casual vacancy occurs for any Committee, including a Chair, Deputy reason in any of the positions ordinarily Chair and Secretary, who hold ofce for elected by Annual Conference, the person two conferences; appointed or elected serves only for the (xi) 13 members of each Policy Committee remaining time of his/her predecessor’s (as determined by the Administrative term. An exception is speciﬁed in D.11(b). Committee), including a Chair, Deputy (c) The Annual Conference also elects Organisers Chair and Secretary, who hold ofce for as they are needed. The Organisers’ terms two conferences; are four Annual Conferences. Organisers are (xii) Two Deputy Chairs of the State Policy elected under Schedule H (included at the end Forum, who hold ofce for the same of this book). However, notwithstanding the period as the members of the State Policy foregoing provisions of Schedule G.2 (Ballot Forum; Papers) and Schedule G.3 (Formality) will nonetheless apply. (xiii) Five members of the Conference Agenda Committee who hold ofce for two conferences; and Notice (xiv) 12 members of the Organising, B.7 The General Returning Ofcer will conduct the Recruitment and Training Committee elections at Annual Conference. including a Chair, Deputy Chair and B.8 The following Party Units may propose Secretary, who hold ofce for two changes to the Party Rules or Platform, or conferences. ordinary policy motions, for consideration by (b) Annual Conference: (i) In determining whether a term speciﬁed (a) A Branch; in these Rules is due to expire at the (b) An Electorate Council; forthcoming Annual Conference, the Annual Conference at which the (c) A Regional Assembly; position was last elected is not counted. (d) An Afliated Union; For example, a term of four annual (e) The Federal Parliamentary Labor Party; conferences means a new election is required at the fourth Annual Conference (f) The State Parliamentary Labor Party; held after the last election. (g) The Women’s Forum; (ii) Notwithstanding other provisions of these (h) The Review Tribunal; Rules a person elected to a position by the Annual Conference holds ofce until (i) The Internal Appeals Tribunal; the declaration of election of his/her (j) The Finance and Compliance Committee;

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(k) The Rules Committee; (b) Any Party member can challenge the credentials (the right to be at Conference) of (l) The NSW Policy Forum; a delegate nominated by his/her Party Unit. (m) The Platform Committee; This can be done by sending the reason for the objection to the General Secretary. The (n) The Administrative Committee; reasons for the objection will be passed by (o) Country Labor Conference; the General Secretary to the delegate who (p) Young Labor Council; has been challenged, and also to the Party Unit which has nominated him/her. This will be (q) The Country Labor Committee; done as quickly as possible. (r) A Young Labor Association; (c) The Review Tribunal will hear the challenge, (s) NSW Young Labor Conference; and also listen to the views of the delegate who has been challenged, and to any other (t) Policy Committees; concerned Party member. The Review Tribunal (u) A Labor Action Committee; and will decide who should be the delegate for that particular unit. The decision of the Review (v) Local Government Committees. Tribunal will be reported to Conference. B.9 Six months before Annual Conference If practicable, the meeting of the Review the Administrative Committee notifies all Tribunal should take place prior to Conference. branches and afliated unions of when and (d) If the credentials of a delegate from a trade where Annual Conference is to take place union is challenged on the grounds that the and invites them to send items to the relevant delegate is a not a member of the trade union Committees for consideration by Conference. he/she is to represent, a written statement B.10 from the Secretary of the afliated trade union is taken to be final and conclusive evidence on (a) Not less than four weeks before the the subject. Conference, the Administrative Committee sends out the proposed changes to the Rules Conference Agenda Committee and Platform (policies) to all Party Units represented at Annual Conference, so that the B.12 units can consider these changes. (a) Annual Conference will elect an Agenda (b) Not less than four weeks before the Committee. Conference, the Administrative Committee (b) The Agenda Committee will be made up sends out the Conference Policy1 to all Party of the Party Ofcers (that is, the General Units represented at Annual Conference, so Secretary, two Assistant General Secretaries, that the units can consider these changes. the President and three Vice Presidents) and (c) Not less than seven days before the Annual five other Party members. It will hold ofce for Conference any Party Unit or afliated union two annual conferences. wanting changes to the Conference Agenda (c) A meeting of the Agenda Committee can Committee’s report must send them to the only take place when a quorum of at least six NSW Branch Ofce. members of the Committee are present. Where practicable, those changes and (d) To be on the Agenda Committee a member decisions will be printed and sent to must have been a paid-up Party member for Conference delegates. at least 12 months before the closing date for nominations. Credentials (at Annual Conference) (e) The powers and duties of the Agenda B.11 Committee are: (a) All units represented at Conference must (i) To decide on the Agenda and the order of send the General Secretary the names and business at Annual Conference. addresses of their delegates. These names and addresses can be inspected at the NSW Party (ii) To recommend to Annual Conference any Ofce by any ofcial conference delegate suspension of Standing Orders or urgency during ofce hours. This can be done for motions. seven days before Annual Conference.

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Agenda Committee Proxy Panel as their proxy for any meeting or series of meetings. B.13 Inability to attend

(a) If a Conference Agenda Committee member Organising, Recruitment and Training is unable to attend all or part of a meeting, Committee they may appoint a person from the Agenda Committee Proxy Panel to replace them. B.15 (b) Any proxy appointed under subsection B.13 (a) The Organising, Recruitment and Training (a) has the full rights of the member whom Committee will report regularly to the they are replacing. Administrative Committee and to each Annual Conference on matters relating to organising, (c) The Agenda Committee Proxy Panel will be recruitment and training. appointed by the Administrative Committee. (b) The Administrative Committee may from time to time, delegate responsibility for matters Women’s Forum relating to organising, recruitment and training B.14 to the Organising, Recruitment and Training Committee. (a) The Women’s Forum will report regularly to the Administrative Committee and to each (c) The Committee’s objectives are (but not Annual Conference. Only women may hold limited) to: ofce as members of the Women’s Forum. (i) Propose strategies to increase (b) The Women’s Forum constitutes the NSW membership of the Labor Party; Labor Women’s Network and its objectives (ii) Increase participation of party members are: in Campaigns; and (i) To increase membership and involvement (iii) Advise on efective organising, of women at all levels of the Australian recruitment and training methods to the Labor Party through training and Party Ofcers. communications strategies; (d) The Annual Conference will elect: (ii) To be the communication channel for Labor women in NSW; (i) A Chair of the Organising, Recruitment and Training Committee; (iii) To enhance the levels of representation in public ofce by ALP women; (ii) A Deputy Chair of the Organising, Recruitment and Training Committee; (iv) Increase participation of women in public life; (iii) A Secretary of the Organising, Recruitment and Training Committee; and (v) Liaise with ALP policy committees to advise on policy issues; and (iv) Nine members of the Organising, Recruitment and Training Committee. (vi) To maximise the support of women for the Australian Labor Party. (e) The Chair and Deputy Chair must be elected in a single ballot. The first elected is the Chair (c) The Annual Conference will elect: and the second elected is the Deputy Chair. (i) A Chair of the Women’s Forum; (f) People elected to the Organising, Recruitment (ii) A Deputy Chair of the Women’s Forum; and Training Committee hold ofce for two conferences. (iii) A Secretary of the Women’s Forum; and (g) Members of the Organising, Recruitment and (iv) Fifteen members of the Women’s Forum. Training Committee may appoint any other (d) The Chair and Deputy Chair must be elected financial Party member as their proxy for any in a single ballot. The first elected is the Chair meeting or series of meetings. and the second elected is the Deputy Chair. (e) People elected to the Women’s Forum hold Finance and Compliance Committee ofce for two years. B.16 (f) Members of the Women’s Forum may appoint (a) The Finance and Compliance Committee is any other female financial Party member made up of:

22 RULES 2017

(i) The General Secretary and the two the Party’s non-voting members of the Assistant General Secretaries Administrative Committee, Auditor and any relevant legislation.; and (ii) The three Trustees (c) Following their election, all new Trustees (iii) Three members elected by a three shall receive a formal induction and an quarters majority vote of the external training outlining their roles and Administrative Committee. To be eligible responsibilities. to stand as a candidate for the Finance and Compliance Committee, a nominee must have professionally recognised Rules Committee financial, accounting, legal, regulatory or B.18 compliance qualifications as prescribed by the Administrative Committee, the (a) The Rules Committee is elected by Annual Party’s non- voting members of the Conference. It is made up of nine members of Administrative Committee, Auditor and the Party who have been members for at least any relevant legislation. twelve months. (iv) The non-voting members of the (b) Members on the Rules Committee hold ofce Administrative Committee for two Annual Conferences. (v) A Treasurer who will chair the Finance and (c) The Rules Committee is responsible for Compliance Committee to be appointed considering proposals to changes in the Rules by the Administrative Committee. The of the Party. Treasurer will have the right to attend and (d) The General Secretary, or someone address the Administrative Committee representing the General Secretary, can attend (vi) The Committee will hold ofce for two Rules Committee meetings with the same years rights as a Committee member, but he/she cannot vote. (vii) Following the composition of each new Finance and Compliance Committee (e) Members of the Rules Committee may appoint all new members shall receive a formal any other financial member as their proxy for induction and an external training any meeting or series of meetings. program outlining their roles and responsibilities as members of the NSW Policy Forum Committee. B.19 (viii) The roles and responsibilities of the (a) The NSW Policy Forum has the following Finance and Compliance Committee are objectives: outlined in section D.8. (i) Facilitate policy debate and development B.17 amongst the State Parliamentary Labor (a) The roles and powers of the Trustees are to: Party, Party Units and Afliates, including making recommendations to the Federal (i) Hold property on behalf of the Party; Parliamentary Labor Party; (ii) Sign cheques and approve payments as (ii) Provide a framework for the partnership outlined in Rule K.2(b); between the State Parliamentary Labor (iii) Assist the Finance and Compliance Party and the wider labour movement; Committee with the conduct of their (iii) Provide guidance on the causes and duties, as outlined in Rule D.8; and aspirations of the modern Labor (iv) Assist with the development of movement; appropriate governance, management (iv) Include Party Units, Party members and and approval of payment policies. Afliates in the debate on the direction of (b) Candidates for election to the position of the Party; Trustee must have professionally recognised (v) Maintain the relevance of the Labor financial, accounting, legal, regulatory, Platform by conducting reviews; compliance or management qualifications as prescribed by the Administrative Committee, (vi) Undertake long-term planning for the implementation of Labor policy; and

23 RULES 2017

(vii) Provide leadership on matters of public of the Forum as a whole or a ‘Policy concern and interest. Commission’. (b) The NSW Policy Forum is responsible for: (i) The NSW Policy Forum shall: (i) Keeping our Platform relevant by (ii) Be subject to the ordinary Rules of debate conducting ‘Platform Reviews’; and in Schedule I; (ii) Leading Party debates by forming ‘Policy (iii) Require a quorum of a majority of Commissions’. members in order to meet; (c) During each State Parliamentary term, the (iv) Meet at least three times per year; and NSW Policy Forum shall undertake a complete (v) Decide which of its meetings, or parts of review of the Party Platform, and recommend meetings, are open to the wider Party, Platform amendments to the Conference. general public and media. (d) The NSW Policy Forum shall involve the (m) The NSW Policy Forum consists of the Conference Policy and Agenda Committee following voting members: in any review of the Platform. In particular, members of the Conference Policy and (i) The NSW Labor President and Leader of Agenda Committee shall be involved the NSW Labor Parliamentary Party, who in drafting Platform amendments to shall act as Co-Chairs; be recommended to the NSW Annual (ii) Two Deputy Chairs, elected by NSW Conference. Annual Conference; (e) The NSW Policy Forum may at any time form (iii) The NSW Labor General Secretary; a ‘Policy Commission’ to consider matters referred to it by the: (iv) The two NSW Labor Assistant General Secretaries; (i) Leader of the State Parliamentary Labor Party; or (v) The NSW Labor Cabinet or Shadow Cabinet; (ii) Administrative Committee. (vi) A number of trade unionists who are also (f) ‘Policy Commissions’ formed under subsection financial Party members, appointed by the (e) must consist of nine members, with Administrative Committee; and three representatives each from the groups in subsections (m) (v), (vi) and (vii). One (vii) A number of financial Party members, to representative each from the groups in be selected according to the principles subsections (m) (v) and (vii) shall act as co- of proportional representation every four chairs of a ‘Policy Commission’. years by a ballot of all Party members with one year of continuous financial (g) The membership of a ‘Policy Commission’ membership prior to the date of calling must be determined by a ballot of the whole for nominations. NSW Policy Forum. (viii) Two members of the Federal (h) A ‘Policy Commission’s’ membership must Parliamentary Labor Party (FPLP), satisfy afrmative action requirements under appointed by the Administrative these Rules. Committee on the principles of (i) Any report or recommendation of a ‘Policy proportional representation, from among Commission’ must be considered and the FPLP members representing NSW; decided upon by the NSW Policy Forum as a and whole before being transmitted to the State (ix) The Platform Committee. Parliamentary Labor Party and/or the NSW Annual Conference for approval. (n) The number of financial Party members selected under subsection (m)(vii), the (j) The NSW Policy Forum will issue a majority number of Trade Unionists selected under and minority report from a Platform Review subsection (m)(vi) and the number of or a Policy Commission to the NSW Annual members of the Shadow Cabinet or Cabinet Conference where there is a significant under subsection (m) (v) must be equal in diference of opinion. numbers and must be determined by the NSW (k) The NSW Policy Forum may co-opt any Labor Administrative Committee. person as an ex-ofcio non-voting member (o) The Administrative Committee will

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determine the rules for selecting financial (i) A Chair; Party members under subsection (m) (vii) (ii) A Deputy Chair; to ensure representatives from outside of Sydney, including Country Designated Areas, (iii) A Secretary; are elected to the forum. This may include (iv) One SPLP representative; regional based voting models. (v) One FPLP representative; (p) Members of Parliament are not eligible to be appointed or selected under subsections (m), (vi) Two subject matter experts and; (vi) or (vii). (vii) Ten ordinary members. (q) The total voting membership of the Forum The Policy Committee shall be elected at must satisfy afrmative action requirements every second Annual Conference, with the under these Rules. Where these requirements exception of: the Parliamentary representative, are not met, the Returning Ofcer must adjust who shall be appointed by the respective the selection result under subsection (m) Federal and State Parliamentary Caucuses; (vii) in accordance with Rule 11 in section 5 of and the subject matter experts who shall be Schedule G of these Rules. elected by the Administrative Committee at (r) The NSW Policy Forum may adopt procedures meeting within three months of the conclusion to assist in fulfilling its objectives and of the Annual Conference that has elected responsibilities, so long as they are not the ordinary committee members. For the inconsistent with any express provisions of the purposes of this rule “ subject matter expert” Rules. shall mean a person employed by a university, think tank or research organisation and/or Platform Committee a person who has recognised expertise in a subject area relevant to the policy focus of the B.20 committee. The subject matter experts must (a) The Platform Committee consists of a: be nominated by members of the relevant Policy Committee. (i) Chair; (c) The Annual Conference will elect: (ii) Deputy Chair; and (i) A Chair of the Policy Committee; (iii) Secretary. (ii) A Deputy Chair of the Policy Committee; (b) The Annual Conference will elect the Platform Committee at the first Annual Conference (iii) A Secretary of the Policy Committee; and after each NSW General Election. (iv) Ten ordinary members of the Policy (c) The Chair and Deputy Chair must be elected Committee. in a single ballot. The first elected is the Chair (d) The Chair and Deputy Chair must be elected and the second elected is the Deputy Chair. in a single ballot. The first elected is the Chair (d) The Platform Committee is responsible and the second elected is the Deputy Chair. for assisting with drafting the NSW Labor (e) Members of the Party who have been Platform. members for twelve months can become members of Policy Committees. No member Policy Committees can serve on more than one Policy Committee at the same time. The Party’s Afrmative B.21 Action Rules will apply to each Policy The Administrative Committee will establish Committee membership and at least one Policy Committees from time to time. member of each Policy Committee must be of (a) The Administrative Committee decides on Young Labor age. the areas of policy responsibility of each (f) If a Policy Committee member misses Committee. These policy areas can be three meetings in a row, their membership changed by the Administrative Committee. automatically lapses. The Administrative Committee will create a (g) If a Policy Committee fails to meet, it must maximum of 8 Policy Committees. explain to the Administrative Committee the (b) Each Policy Committee will consist of reasons for not meeting. seventeen members including:

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(h) Policy Committees will meet at least four (c) Three delegates from each Federal Electorate times annually. One event must be held Council; outside of Sydney. Events may be open to the (d) Sixteen delegates from NSW Young Labor. public and interested stakeholders. (e) Sixteen delegates from the Federal (i) The aim of the Committees is to promote Parliamentary Labor Party (FPLP) elected by policy discussion and debate within the Party members of the FPLP representing NSW; through forums, online discussions, research papers, Branch discussions and to provide (f) Sixteen delegates from the State recommendations to the Annual Conference Parliamentary Labor Party (SPLP); on Policy motions from Party Units. (g) The Party Ofcers; (j) Committees can consider correspondence, call (h) Chair, Deputy Chair and Secretary of each for and hear evidence and co-opt any Party Policy Committee; member whose expert experience may seem valuable. They do this by taking a majority (i) The Platform Committee; decision at the meeting. (j) The Chair, Deputy Chair and Secretary of the (k) A meeting of any Policy Committee can only Women’s Forum; and take place when at least 8 members of that (k) The Chair, Deputy Chair and Secretary of the Committee are present. Country Labor Committee. (l) Reports of Policy Committees are to be B.23 presented to the Annual Conference by the Chair of each Committee. (a) At least 50 per cent of the delegates to the Conference must be union delegates. All other (m) Each Policy Committee will provide three delegates are approximately 50 per cent of Delegates to Annual Conference, the the total. Chair, Deputy Chair and Secretary of each Committee. If any Delegate cannot attend, (b) This is the procedure for deciding trade union they may appoint a general member of the representation at the Conference: committee in their place. (i) The total number of union members (n) At least two members of each Policy afliated by trade unions to the Party, Committee must live in the Designated calculated by reference to the rolling Country Area. average of each union afliation (as per Section A), is divided by the total number (o) The Executive of the Policy Committee of anticipated trade union delegates. can grant approval for a member of the Committee to take part in a meeting by (ii) The figure, resulting from the above telephone conference. calculation, will be rounded of to the nearest number, and (p) The Policy Committee meetings will be advertised in the Political Briefing. (iii) That figure will be divided into the number of members afliated by each (q) Policy Committees will be open to all Party trade union which has 1000 or more members to participate in the development of members who are afliated, and NSW Labor’s Policy. (iv) That figure will be rounded of to the (r) If a Policy Committee Member is unable to nearest number and will be the number attend all or part of a meeting, they may of delegates from each trade union appoint another party member as their proxy concerned who can attend Annual to replace them. Conference as representatives of their union. Each union with at least 1000 Representation (at Annual Conference) members, but with fewer members than B.22 Annual Conference consists of the following the figure arrived at in the calculation in voting delegates: (ii) above, will be entitled to one delegate. (a) Afliated union delegates determined in (c) Those trade unions which have fewer than accordance with Rules B.23 and B.24; 1000 members afliated join together to elect a number of delegates to the Conference. (b) Two delegates from each State Electorate They do this by dividing the quota in (ii) Council; above, rounded of to the nearest whole

26 RULES 2017

number, into the total afliated membership a union’s delegation to Annual Conference from unions which have fewer than 1000 must be women. Provided that if the level of members. If the number of members of these male or female membership of a union is less unions are less than half of a quota, they are than the “minimum percentage”, the minimum not entitled to representation at Conference. representation must be set at that level. (d) The ‘total number of anticipated trade (g) It is the right of each union to determine the union delegates’ referred to in (b) (i) above, criteria and procedures for selection of its represents 50 per cent of the total number delegates in accordance with these Rules, of Conference delegates. Other delegates subject to those delegates being members of (except Party Ofcers) represent 50 per cent that union and financial members of the Party. of the total number of delegates. The ‘total (h) number of anticipated trade union delegates’ must be adjusted to maintain this 50/50 (i) If a person holds ofce as a delegate to division. Annual Conference because he/she is a member of the Administrative Committee, (e) Each year, the General Secretary decides the or is a Chair, Deputy Chair or Secretary number of delegates to represent each union. of a Committee and that person ceases B.24 to hold that ofce during the course of a given Annual Conference that person, Union delegates are appointed by afliated nonetheless, continues to hold ofce as trade unions. The trade unions follow their delegate until the conclusion of the given own procedures except that: Annual Conference. (a) All union delegates must be financial members (ii) Similarly, aperson who has not previously of the Labor Party; been a member of the Administrative (b) All union delegates must be financial members Committee, a Chair, a Deputy Chair or a of the Union which they are representing; Secretary of a Committee who assumes such an ofce during the course of a (c) A union can choose to have each position given Annual Conference, does not on the delegation filled by one person or it take ofce as a delegate to Annual can appoint one delegate to represent two Conference by virtue of that new position positions. until the conclusion of the given Annual B.25 Conference. (a) All delegates to Conference elected by State B.26 Electorate Councils and Federal Electorate (a) NSW Annual Conference delegates Councils, and all delegates to Conference representing State Electorate Councils and appointed by trade unions, must have been Federal Electorate Councils are elected for fully paid-up members of the Party for the one year at a time. twelve months immediately prior to the first day of Annual Conference. (b) NSW Annual Conference delegates representing State Electorate Councils and (b) Delegates representing NSW Young Labor Federal Electorate Councils must: are elected at the NSW Young Labor Annual Conference. (i) Live in the electorate they represent; (c) Delegates representing the State or Federal (ii) Not be a Member of Parliament; Parliamentary Parties must be members of the (iii) Be a financial Party member; and Caucus concerned. Each Caucus can decide how it wants to elect its delegates. (iv) Be a member of a Branch afliated to the Electorate Council concerned. (d) A delegate can represent only one organisation at Annual Conference. (c) Unless it decided otherwise under subsection (d), an Electorate Council elects its delegates (e) A delegate from one Party Unit or afliated and alternate delegates to NSW Annual union cannot at the same time be an alternate Conference at its Annual General Meeting in delegate from any other Party Unit or the same way as it elects Electorate Council afliated union. positions. (f) Not less than the “minimum percentage” of (d) An Electorate Council may decide to elect

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its NSW Annual Conference delegates and alternate delegates pursuant to the provisions of Rule M.9.

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SECTION C

Rights & Responsibilities C.1 These Rules are binding on all Party members. C.2 Rights Every Party member has the right to: (i) Equality before the Rules; (ii) Be heard; (iii) Information regarding Party matters that directly afect them; (iv) Receive a prompt response to their correspondence; (v) Stand for public ofce, subject to these Rules; (vi) Seek redress of grievances before the Internal Appeals Tribunal, Review Tribunal and Ombudsman; (vii) Appeal to the justice system when their rights have been infringed; and (viii) Be treated with dignity and respect by other Party members. C.3 Responsibilities Every Party member has a responsibility to: (i) Uphold the Party’s values and principles; (ii) Comply with these Rules; (iii) Allow others to be heard; and (iv) Treat other Party members with dignity and respect.

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SECTION D in a ballot conducted under the method of proportional representation.

Administrative Committee (g) The non-voting members of the Administrative Committee may attend meetings of the Party D.1 Ofcers in a non-voting capacity to advise on (a) The Administrative Committee is responsible issues of governance. for the management and administration of the D.2 Party between Annual Conferences. (a) The Administrative Committee consists of: (b) The Administrative Committee decides all matters which afect the welfare of the Labor (i) The Party Ofcers; movement, except that it: (ii) 18 members elected by afliated union (i) Cannot make any Rule inefective; delegates at Annual Conference; (ii) Cannot overturn any decision of the (iii) 18 members elected by all delegates Annual Conference; and who are not afliated union delegates at Annual Conference; (iii) Cannot create new policy. (iv) The State Parliamentary Leader and (c) The Administrative Committee can call a Federal Parliamentary Leader, or someone special meeting of Conference. named to represent them, who must live (d) The powers of the Administrative Committee in NSW and be a member of the Leader’s are also held by Annual Conference. Parliamentary Party; and (e) The Party Ofcers (who are the President, (v) Three non-voting members elected by Senior Vice-President, Junior Vice-Presidents, a three-quarters majority vote of the General Secretary and Assistant General Administrative Committee. Secretaries) are responsible for: (b) The Party’s website shall include a list of (i) the management and administration Administrative Committee members, including of the Party between meetings of the their date of their first election. Administrative Committee; and (c) The Administrative Committee, under the (ii) for matters delegated to them by the principles of proportional representation, Administrative Committee. will appoint sixteen Proxy Members of the Administrative Committee. These Proxy (iii) An ofcial meeting of the Party Ofcers Members shall have the full rights of the can only take place when a quorum of member of the Administrative Committee either: whom they are replacing and voting rights as n at least four are present, including the detailed in Rule D.12(d). General Secretary or the first elected (d) Following the election of members of the Assistant General Secretary; or Administrative Committee and appointment n at least two are present, including the of the Administrative Committee Proxy Panel, General Secretary (or the first elected any new members shall receive a formal Assistant General Secretary) and the induction and external training program second elected Assistant General outlining their roles and responsibilities as Secretary. members of the Administrative Committee. (iv) The Party Ofcers shall be automatically (e) An ofcial meeting of the Administrative elected as delegates to the National Committee can only take place when a Conference. quorum of at least seventeen members is present. If seventeen members are not present (v) The minutes of Party Ofcers meetings after thirty minutes the meeting will not take must be reported to the Administrative place. Committee. (f) At least six of the members elected under (f) If the quorum is not present after thirty subsection subsection (a)(ii) and (iii) must live minutes the meeting will not take place. The in the Designated Country Area at the time of first elected Assistant General Secretary is their election. the one who holds the position first elected

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(g) Despite any other provision of these Rules, (b) The Administrative Committee decides on the results of the separate ballots to elect endorsement for Party selection for public Administrative Committee members under ofce. It can decide to endorse or not subsections (a)(ii) and (iii) are to be counted to endorse the Party’s ofcially selected together for the purposes of Section 0. candidate or candidates for public ofce in the way stated in the Rules. (h) Members of the Administrative Committee and Finance and Compliance Committee (c) Where no Electorate Council exists, the shall complete a material personal Administrative Committee is in charge interest declaration as prescribed by the of all matters relating to the selection Administrative Committee to be held by the of parliamentary and local government President. candidates. (i) To be eligible for election as a non-voting (d) When the Administrative Committee has member under subsection (a)(v), a person called for nominations for Party selection must have served on a Board of Directors for for public ofce and no nominations have no less than two years at the time of their been received by the time nominations election. close, then the Administrative Committee will, after discussions with the Electorate (j) The non-voting members elected under Council concerned, find and choose a suitable subsection (a)(v) must: candidate or candidates to represent the (i) Focus exclusively on governance matters; Party. (ii) Advise the Administrative Committee on (e) The Administrative Committee sets governance best practices; and nomination fees for selections for public ofce. (iii) Ensure adherence to the highest governance standards. D.6 The Administrative Committee can authorise the President and General Secretary to issue a D.3 The State Parliamentary Leader and the charter to create a new branch. Federal Parliamentary Labor Leader have an automatic right to address the Administrative The Administrative Committee can also Committee meeting. authorise the General Secretary to withdraw the charter of any branch if it is in the best D.4 interests of the Party. The Administrative (a) The Administrative Committee is in charge of Committee will refer any concerns regarding election campaigns for public ofce except branches to the Internal Appeals Tribunal when this power has been handed on to an which will consider the matter and report back Electorate Council or another Party Unit. to the Administrative Committee. (b) Subject to other provisions of these Rules, the D.7 Any Party Ofcer or member of the Administrative Committee will not interfere Administrative Committee may place an item with the way any Electorate Council selects on the meeting agenda. If a member wishes candidates for local government, State or to do so, they must give at least seven days’ Federal elections as long as they keep to the notice to the General Secretary. Platform, Rules and Constitution of the Party. D.8 (c) In its report to Annual Conference the (a) The Administrative Committee will, in the Administrative Committee includes a record of management of the finances of the Party how many meetings each member attended. between Annual Conferences, be assisted by This report will at least include the number of the Finance and Compliance Committee. The meetings held during the period covered by Finance and Compliance Committee shall: the report, the attendance of each member, and any leave or apologies granted. (i) Assist the Administrative Committee in the preparation of budgets and D.5 consideration of any proposals afecting (a) The Administrative Committee calls and closes the finance of the Party; nominations for Party selection for public (ii) Assist the Administrative Committee ofce, including for Country Labor, in the way to ensure that the Party’s management decided in the Rules. accounts and the accounts presented at

31 RULES 2017

the Annual Conference give a true and fair (viii) Receive a report at each meeting view of the Party’s finances; regarding the Party’s compliance obligations under the Election Funding, (iii) Assist the Administrative Committee to Expenditure and Disclosure Act 1981 and ensure the Party’s statutory accounts are other relevant legislation. completed in accordance with the Party’s legal obligations; and (ix) Recommend the terms and conditions of employment for staf. (iv) Assist the Administrative Committee to maintain appropriate controls over the (x) Develop, adopt and monitor protocols finances of the Party. relating to accountability and authorisation of payments. (v) Assist the Administrative Committee to implement and maintain purchase orders (xi) Report to the Administrative Committee to control expenditure with appropriate in relation to the appropriate controls over limits set for the General Secretary and the finances of the Party. Assistant General Secretaries and any (c) In its report to Annual Conference, the other relevant employee of the NSW Administrative Committee will from time to Labor Ofce. time present a statement of money received (b) For this purpose, the Finance and Compliance and payments made which has been certified Committee shall: by the Auditor. (i) Assist the Party Ofcers to develop (d) The Administrative Committee will also annual budgets for the Party and make present Annual Conference with a balance recommendations to the Administrative sheet which has been audited and also a Committee about the adoption of those statement of the general financial position of budgets; the NSW Branch. (ii) Approve budgets and expenditure of (e) Copies of the reports described in (c) and (d) amounts of $100,000 or more. above will be given to Conference delegates. (iii) Advise the Administrative Committee in (f) The financial year will end on 30 June. accordance with terms of reference given D.9 by it in relation to any proposals afecting the finance of the Party; (a) Any financial Party member may petition the Administrative Committee as long as (iv) Assist the Party Ofcers to develop the fifty financial Party members have signed accounts for the Party to be presented the petition. The General Secretary must at each Annual Conference and make advise the next meeting of the Administrative recommendations to the Administrative Committee that the petition has been received Committee about the adoption of those and it will be dealt with at the following accounts; meeting. The members who signed the (v) Assist the Party Ofcers to develop petition must be told of the result. the statutory accounts for the Party (b) Either 50 members or 25% of the members in in accordance with the Party’s legal a federal electorate (whichever is the lesser) obligations and make recommendations may petition the Administrative Committee to to the Administrative Committee about investigate any allegation of breaches of these the adoption of those accounts; Rules relating to membership recruitment in (vi) Report to each meeting of the that electorate. Administrative Committee on the Party’s D.10 Members of the Administrative Committee finances in the format directed by the have the right to be present at all conferences Administrative Committee; and meetings of branches, Electorate (vii) Any member of the Finance and Councils, Policy and Machinery Committees Compliance Committee may place an and Regional Assemblies. They can take part item on the meeting agenda. If a member in those conferences and meetings but cannot wishes to do so, they must give at vote, or move or second any motion in any least seven days’ notice to the General Party Unit unless they are a member of that Secretary. unit.

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D.11 conducted at Annual Conference) the member may appoint, in writing, an Administrative (a) Whenever a casual vacancy occurs for a Committee Proxy to vote on the member’s position ordinarily elected by the Annual behalf. The Proxy when seeking to exercise the Conference by use of proportional right to vote must present the written letter of representation, it must be filled by the appointment to the Returning Ofcer. A Proxy Administrative Committee, on these may only vote once in a ballot under this conditions: provision. (i) The vacancy cannot be filled at the D.13 meeting of the Administrative Committee when the vacancy is first reported. Senators and Members of the Legislative Council When there is insufcient time, the Party are required to provide Reports to the July Ofcers can expedite the process. and December meetings of the Administrative Committee. These reports shall be completed on (ii) The vacancy is filled in a way which a form provided by the Administrative Committee follows the practices of proportional and include information on: representation. (a) any visits to Duty Seats for announcements, (b) Wherever a casual vacancy occurs for any meeting or forums; other position ordinarily elected by the Annual Conference, it must be filled by a person (b) Correspondence or newsletter/leaflets sent to selected by the Administrative Committee. members in Duty Seats; and An election for the position must then be (c) Issues about which representations have been conducted at the next Annual Conference, made. except in the case of the Secretary of a Committee. A person appointed as Secretary D.14 of a Committee serves the remainder of his/ (a) The Administrative Committee may refer any her predecessor’s term. organising, recruitment or training matter D.12 to the Organising, Recruitment and Training Committee. (a) Where a member of the Administrative Committee is entitled to vote in a ballot (b) If the Finance and Compliance Committee by reason of being a member of the approves a budget for local organising Administrative Committee (other than a ballot and recruitment grants, the Administrative conducted at Annual Conference) the member Committee may delegate to the Organising, of the Administrative Committee, if they will Recruitment and Training Committee the be located outside the Sydney metropolitan power to approve payments for these area on the ballot day, may (on the member’s purposes within the budget approved by the request) be sent the ballot paper facsimile or Finance and Compliance Committee. email and may return it in the same way. (c) The Organising, Recruitment and Training (b) Such a ballot paper is not a secret ballot and Committee will report annually to the must, when returned by the voter by facsimile Administrative Committee on the number of or email, clearly bear the name and signature people who received training, and the type of the person who cast it. For this purpose, the of training they received. The Administrative Returning Ofcer may include provision for a Committee will present these reports to the name and signature on ballot paper sent by Annual Conference. facsimile or email under this Rule (but only on D.15 such ballot papers). The Administrative Committee is responsible for (c) A ballot paper must actually be received by approving membership of the Central Policy Branch. the Returning Ofcer prior to the close of voting for the ballot. D.16 (d) Where it is not practicable for a member The Administrative Committee will appoint the of the Administrative Committee to vote Proxy Delegates to the National Conference, in a ballot in which they are entitled to according to the principles of proportional vote by reason of being a member of the representation and afrmative action. Administrative Committee (other than a ballot D.17

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The Administrative Committee may require Members of Parliament to make contributions to or raise money for the Party.

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SECTION E made under Rule E.1(b). (b) The Ombudsman may discontinue an Ombudsman investigation commenced under subsection (a). E.1 (c) The Ombudsman may refer a complaint PURPOSE made under Rule E.1(b) to the Administrative (a) The position of Ombudsman is established Committee, Party Ofcers or Internal Appeals under these Rules to: Tribunal. (i) Provide an informal way for Party (d) In deciding whether to investigate a members to have grievances heard; and complaint, discontinue an investigation, or (ii) Mediate disputes between Party refer a complaint, the Ombudsman may have members. regard to any matter they consider relevant. (b) A Party member may complain to the (e) The matters that the Ombudsman may have Ombudsman about decisions made by Party regard to under subsection (d) include, but are Units or the conduct of Party members. All not limited to, whether, in their opinion: complaints must be submitted in writing. (i) The complaint is frivolous, vexatious or E.2 not in good faith; APPOINTMENT (ii) The subject matter of the complaint is trivial; (a) The Administrative Committee must appoint an Ombudsman and Deputy Ombudsman in (iii) The conduct complained of occurred accordance with this Rule. at too remote a time to justify an investigation; (b) The Ombudsman and Deputy Ombudsman must be elected by a three-quarter majority (iv) There is or was an alternative and vote of the Administrative Committee. satisfactory means of redress available to the complainant; and (c) To be eligible for election and to remain in ofce as Ombudsman or Deputy Ombudsman, (v) The complainant has no interest or a person must: insufcient interest in the conduct complained of. (i) Be a financial Party member; (f) The complainant or the person whose conduct (ii) Not hold a position on the Internal is complained of, may request that reports Appeals Tribunal, Review Tribunal, of the Ombudsman to the Administrative Administrative Committee, Finance and Committee be anonymised and subject to Compliance Committee, Rules Committee, confidentiality. The Ombudsman must comply Platform Committee or Conference Policy with any requests for confidentiality. and Agenda Committee; (g) If the Ombudsman decides not to investigate (iii) Not hold public ofce; a complaint, or to discontinue an investigation, (iv) Not be actively seeking election or they must provide the complainant with a appointment to public ofce; and written reason for their decision. (v) Be of good fame and character. E.4 (d) The Ombudsman and Deputy Ombudsman REPORTS hold ofce for two years. (a) If the Ombudsman decides to investigate a (e) The Ombudsman may delegate any of their complaint, they must report their findings to: powers to the Deputy Ombudsman on (i) The complainant; whatever terms they consider appropriate. (ii) Any person whose conduct is complained E.3 Decision to investigate or refer of; and (a) The Ombudsman may investigate a complaint (iii) The Party Ofcers.

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(b) The Ombudsman must provide Annual Conference with a report on their work. (c) The Ombudsman may advise Annual Conference and the Administrative Committee on ways to improve compliance with the rights and responsibilities under section C. (d) In a report under this Rule, the Ombudsman may make any comment or recommendation that they consider appropriate in the circumstances. (e) The Administrative Committee must notify the Ombudsman of any action taken, or proposed to be taken, as a result of a report under this Rule. (f) Except as provided in this Rule, a report under this Rule must be kept conﬁdential.

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SECTION F Regional Assembly. The Convenor will also chair the Regional Assembly.

Regional Assemblies F.12 The Administrative Committee shall appoint Convenors and Regional Assembly F.1 Regional Assemblies will be held each year Committees where none currently exist. throughout New South Wales, unless the Administrative Committee decides otherwise. F.13 The Administrative Committee may make any other decisions necessary for holding Regional F.2 The Administrative Committee shall set the Assemblies. date for each Regional Assembly. F.3 A Regional Assembly consists of all Party members within the region. A member can attend an Assembly if they have a current Party ticket. F.4 There shall be Regional Assemblies in the following regions: (a) Central Coast; (b) Hunter; (c) Illawarra; (d) Inner Sydney; (e) Northern Sydney; (f) South-Eastern Sydney; (g) South-Western Sydney; and (h) Western Sydney. F.5 The Administrative Committee shall determine the boundaries for each region, and may subdivide the regions. F.6 Country FECs shall have the option of holding a Regional Assembly in addition to attending Country Conference. F.7 The General Secretary shall call for agenda items at least two months before a Regional Assembly begins. F.8 Agenda items can be put forward by Branches, State Electorate Councils, Federal Electorate Councils and Afliated Unions in the region. F.9 Agenda items must reach the General Secretary four weeks before a Regional Assembly begins. F.10 A Regional Assembly Committee will be elected at each Regional Assembly from among the participating members. The Regional Assembly Committee will be responsible for organising the next Regional Assembly in that area. F.11 The Regional Assembly Committee shall be chaired by a Convenor who will also be elected by the participating members at the

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SECTION G Section O. (f) A branch is not entitled to send delegates to Electorate Councils a Federal Electorate Council if the branch’s boundaries do not include some part of the G.1 Federal Electorate Council area. (a) State or Federal Electorate Councils can be Note: This Rule is not intended to set up by the Administrative Committee in disenfranchise preselection voters whose any electorate. The number of delegates branch is not entitled to send delegates to an (members) from each branch to an Electorate FEC. Council is worked out as follows: (g) The Central Policy Branch is not entitled

Branch Membership Number to send delegates to any State or Federal of Delegates Electorate Council. 15-29 3 G.2 Delegates to Electorate Councils take ofce 30-44 4 from 1 April as long as the conditions of Rule I.25(c) and (d) have been met. 45-59 5 G.3 Unless it is decided diferently, the business at 60-74 6 Electorate Council meetings is carried out in For each additional twenty-five members (or the following order: part of twenty-five), the branch has one extra (i) Roll call of delegates: unafliated delegate. Branch membership is described in branches (branches which have not sent Rule I.2 and worked out yearly by counting the their return sheets and list of registered branch membership on 30 November of the branch members to the Secretary of the previous year. Council - see Rule G.10). (b) Where only one branch exists in an electorate (ii) Acknowledgement of Country it is called an Electorate Branch and acts as an Electorate Council. (iii) Confirmation of minutes. (c) Composite branches which have fewer than (iv) Correspondence. fifteen members living in an electorate have (v) Reports, including reports from branches the following number of delegates: and organisers.

Branch Membership Number (vi) Motions on notice of which members have of Delegates already been advised. 1-4 0 (vii) General business. 5-9 1 G.4 10-14 2 (a) Each Council must meet at least once every Delegates from composite branches are three months in a place decided by the elected by all members who can vote in their Council, unless the Council is in the designated branch, but they themselves must live in the country area, in which case it must meet at electorate for which they are elected. least once every four months. Note: A Composite branch is a branch whose (b) Seven days before a meeting, notice of the borders cross two or more State or Federal meeting must be given by the Secretary Electorate Councils. to Branch Secretaries and credentialed delegates. Notice of a meeting need not (d) Branches which have been allowed by Annual be given when the Council meets on the Conference to operate with fewer than same date and time and in the same place. ﬁfteen members (as allowed in Rule I.5), are For example, the Electorate Council always represented on the same scale as composite meets on the fourth Monday of each month, branches described in (c) above. at 7:30pm in the Town Hall. Full details of the (e) All branches must elect delegates in meetings arranged for the coming year must accordance with the party’s afrmative action be sent to each branch and all delegates after minimum percentages, as outlined in the Annual General Meeting of the Council. At least seven days before the Council meeting,

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any changes to those details, including Political Education Ofcer, a Women’s Contact cancellation of meetings, must be sent to Ofcer, a Community Activities Ofcer and a branches and delegates. Policy Development Ofcer. As part of his/her duties, each of these ofcers becomes a non- (c) An ofcial meeting can be held when a voting member of the Council Executive. majority of the branches are represented or when a majority of the delegates, if the (i) The Political Education Ofcer is delegates are from more than one branch, are responsible for organising and co- present. If sufcient numbers are not present ordinating educational activities, including after thirty minutes the meeting cannot take research, discussion groups and seminars, place. guest speakers, weekend schools and any other activity the Council decides it wants. (d) For Federal and State Electorate Councils in the designated country area, the (ii) The Community Activities Ofcer and Administrative Committee can grant approval Women’s Contact Ofcer assists the local for the Electorate Council to conduct its branches to identify the major issues meetings, other than the Annual General within the community within which they Meeting, by telephone conference. should be active. G.5 (iii) The Policy Development Ofcer is responsible for co-ordinating policy (a) Unless the Administrative Committee decides input on federal matters and works in diferently, each Council holds it Annual accordance with resolution of the Federal General Meeting between 15 April and 31 May. Electorate Council. At the Annual General Meeting the Council hears an annual address from the President of (d) the previous year and receives the Secretary’s (i) Each Federal Electorate Council will annual report for the previous year. elect one National Conference delegate, (b) At its Annual General Meeting each Council the Party Ofcers will automatically be elects a President, two Vice-Presidents (one elected National Conference delegates is the Senior Vice-President), a Secretary, a with the balance of the National Treasurer, a Fundraising Ofcer, an Assistant Conference delegation elected by Secretary, two Auditors, (for a State Electorate Afliated Union delegates to Annual Council) two delegates and two alternate Conference. delegates to the NSW Annual Conference (ii) National Conference Delegates elected by (and for a Federal Electorate Council) three Federal Electorate Councils are elected delegates and three alternate delegates to in the same year as National Conference the NSW Annual Conference, three delegates Delegates elected by Annual Conference, and three alternate delegates to Country and hold ofce for the same term. Conference from each Country SEC and Country FEC, and all other representatives (e) A Federal Electorate Council elects one needed for the following year. The duties of National Conference delegate for its area the Secretary and Treasurer can be combined pursuant to rule M.9(d). The preferential but, in that case, an extra Vice-President is voting system (described in Schedule H at elected. At the end of the election of ofcers, the back of this book) applies to all Electorate a Council Returning Ofcer and Deputy Council elections. Returning Ofcer are elected. No Returning (f) The President, Vice-Presidents, Secretary, Ofcer or scrutineer shall be allowed to Assistant Secretary, Treasurer and Fundraiser nominate for any position in any ballot in (and, in a Federal Electorate Council, the which he/she is acting as Returning Ofcer or Political Education Ofcer) are the Council scrutineer. Executive and as part of their duties are Note: An electorate council can resolve in members of all committees of the Council. accordance with Rule B.26(d) to elect Annual G.6 Conference delegates in accordance with the provisions of Rule M.9. (a) The Electorate Council Secretary must give written notice of the date, time and place (c) As well as the ofcers listed in (b) above, the for the closing of nominations for its annual Federal Electorate Council can also elect a elections.

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(i) The notice must also give the date, time first election. and place of the meeting at which the Note: Subsections (e) and (f) above have been election is to take place. superseded by rule changes made at the 2017 (ii) The notice must list all the positions to be Conference. For correct procedure on the elected at its annual election, and include application of Afrmative Action, see the number of positions to be held by Section O. women as outlined in Section O. (g) The notice requirements in (a) continue to apply (iii) The notice must be given at least to any elections called pursuant to (e) or (f). seven clear days prior to the close of (h) The Secretary of the Council must notify the nominations. General Secretary if a new election is called (iv) Nominations for positions must close pursuant to (e) or (f). with the Returning Ofcer no less than (i) If after two elections, an Electorate Council seven days prior to the Annual General does not meet the requirements of O.5(b), the Meeting at a time and place agreed by the Council will not be entitled to seat delegates Electorate Council Executive. at the Annual Conference or Country (v) The notice must be given to: Secretaries Conference. of local branches and Credentialed G.7 delegates (as per G.6(c)). (a) Notwithstanding other provisions of these (b) Nominations must be in writing and signed by Rules Electorate Council ofcials and the candidate and two members of the Party delegates representing Electorate Councils who live in the electorate. However, when hold ofce until the declaration of election there are not enough nominations, written of their successors, unless their position falls or spoken nominations can be made at the vacant because the ofce-holder: election meeting. (i) dies; (c) Only credentialed Delegates (that is, those who have a right to be Delegates) can hold (ii) resigns the ofce by instrument in ofcial positions in any Council, except that: writing addressed to the Secretary of the Electorate Council; (i) The positions of Delegate or Alternate Delegate to NSW Annual Conference (iii) becomes a mentally incapacitated person; or Country Conference can be held by (iv) ceases to reside within the boundaries of any financial member residing in the the Electorate Council; electorate; and (v) ceases to be a member of the Party; or (ii) If the Secretary stops being a delegate, he/she cannot vote, but can go on being (vi) if a member of the Electorate Council Secretary until the following Annual Executive – is absent without permission General Meeting. for three ordinary meetings of the Electorate Council in a row. (d) At least fourteen days before the Annual General Meeting the Secretary gives the A person elected to a position by an Returning Ofcer a list of the names and Electorate Council ceases to hold that position addresses of the members who can vote. Any if these Rules do not require the continued candidate is entitled to be given the list. existence of the position and the position ceases to exist. Nothing in this Rule prevents (e) If the number of women elected as a person who ceases to hold ofce under (a) conference delegates or alternate delegates (vi) above from re-nominating and being re- in accordance with G.5 (b) does not meet the elected to the same position. requirements in O.5(b), a new election must be called for all positions and held within two (b) If a delegate to the Council misses three months of the first election. ordinary meetings in a row without permission the Council can ask the delegate’s branch to (f) If the number of women elected to the elect a new delegate. council executive in accordance with G.5(b) does not meet the requirements in O.5(i), a G.8 When a position of an Electorate Council new election must be called for all executive ofcial or delegate representing the Electorate positions and held within two months of the Council is vacant or a position is not filled at

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the annual elections the Council will fill the Electorate Council at the Annual Conference vacancy in this way: or the Country Labor Conference is unable to perform a function as a delegate, the Council (i) It will declare a time, date and place for Secretary may appoint an alternate delegate nominations to close, as long as delegates elected by Council for the Conference to are given at least seven days notice that exercise that function. nominations have been called for. Notice should be given by sending out a circular to Secretaries of local branches. Treasurer and Fundraising Ofcer (ii) At the next ordinary Council meeting the G.11 vacancy will be filled. (a) The Treasurer keeps accurate accounts of all money which belongs to the Council. President The signature of the Treasurer is needed to take out any funds and he/she will give that G.9 At all meetings at which he/she is present, the signature only after this has been decided by President is the Chair. The President keeps the Council. At the end of the financial year order and makes sure that the meeting follows the Treasurer will present the Council with the Rules of debate. When the President is not an audited balance sheet and statement of present or is sick then the most senior Vice- income and expenditure. President who is present takes the Chair. The Chair does not have a casting vote. (b) The Fundraising Ofcer is responsible for co-ordinating all fundraising activities for the Secretary Electorate Council. The Fundraising Ofcer must report to the Council on a regular basis. G.10 The Secretary (or the Assistant Secretary Money raised must be looked after by the when he/she is not there): Treasurer in the way described in (a) above. (a) Keeps proper records of Council business, G.12 including the delegates’ roll, attendance and minute books, and takes care of incoming (a) The sum of $30 can, from time to time, be and outgoing letters for the Council. The voted to the Secretary for petty cash. attendance and minute books used by the (b) When necessary, the Electorate Council can Council should be the ofcial books which are put a fair levy on all constituent branches available from the NSW Branch Ofce. to cover working expenses. All constituent (b) SEC Secretaries must keep a list of the branches must contribute equally per member branches in their electorate, as certified by the for those members who live in the electorate Administrative Committee. except life members. The levy cannot be more than $2 per member unless all constituent (c) Pays over to the Treasurer at each meeting branches agree. or as soon as possible after the meeting any money which has been received for the G.13 Council. (a) A Council has the power to appoint members (d) No later than 7 May each year provides the of the Party as organisers, or local agents, to General Secretary with a return sheet with help the work of the Council in organising and the names and addresses of the delegates as advancing the Policy and Rules of the Party as at 30 April, and an up-to-date list of people approved by the Administrative Committee. holding ofcial positions. Failure to lodge (b) Following Rules G.14 and G.15 (below), required Branch or Electorate Council Annual a Council can only deal with matters Financial Returns to the NSW Branch Ofce passed on to it in writing by a constituent may result in the Administrative Committee branch, the Council Executive, the Young suspending the charter of the Branch or Labor Association, and the Administrative Electorate Council. Committee. (e) Until they have sent in the return sheets (c) Councils can draw up Rules for their own needed by the General Secretary, Councils do guidance as long as they do not conflict with not have the right to be represented at Annual the principles and general Rules of the Party. Conference. Rules made by a Council must be approved by (f) If a delegate elected to represent an the Administrative Committee.

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(d) Councils act as campaign committees when (a) Two or more Branches with boundaries that needed. include the same State Electorate may request that the State Electorate Council approve a State Electorate Councils merger of the Branches. G.14 (b) If the State Electorate Council approves the merger, the Branches and the State Electorate (a) State Electorate Councils are responsible for Council may request that the Administrative forming branches within their electorates and Committee approve the merger. The defining the boundaries in which each branch Administrative Committee may decide, at operates. its discretion, to approve, alter or deny the (b) Any suggestions to change the boundaries request. of constituent branches will be placed on (c) If the Administrative Committee approves notice and a decision will not be taken for two the merger, the newly formed Branch must months by the State Electorate Council. hold an Annual General Meeting to elect the (c) All constituent branches afected by any positions required under Rule I.19. suggested changes to branch boundaries (d) The Administrative Committee may appoint a will be told in writing by the Electorate person to act as the Returning Ofcer for an Council Secretary. This must be done within Annual General Meeting held under subsection twenty-one days of notice being given of the (c). suggested change. (d) When a change has been made, the General Federal Electorate Councils Secretary must be notified within twenty one G.16 Federal Electorate Councils deal with matters days. associated with their Federal Electorates, (e) Any Party member or Party Unit, afected Federal Parliamentary representation, Federal by a new branch being formed or by branch referenda and other Federal matters. However, boundaries being changed, can appeal to the the Administrative Committee can refer any Administrative Committee in writing. matter to Federal Electorate Councils. (f) The changed boundaries will come into efect immediately after the State Electorate Council Branches adopts the new boundaries. G.17 (g) Members who are afected by a change in the (a) Any branch whose return sheets and certified branch boundaries can transfer to their new list of branch members are not received by branch following Rule I.9 or can stay in their the Council Secretary on or before 1 April in old branch if it falls within the State Electorate any year, will be regarded as unafliated by in which they live. the Council. The delegates from unafliated (h) branches will not be able to vote at any meeting of the Council or to hold ofce (i) A Branch may request to afliate to more until their branch afliates. The names of than one State Electorate Council and unafliated branches will be read out by the become a composite Branch (where Secretary at each Council meeting. its boundaries cross two or more State Electorate Councils. (b) When the return sheets and certified list of branch members have been received by (II) A branch must notify the General the Secretary of the Council, a branch is Secretary and the relevant State considered to be afliated and its delegates Electorate Council in writing of any are able to vote on the Council. request to become a composite Branch. (c) Notwithstanding Rule G.17(b), in instances (iiI) After consultation with the relevant State where the return sheets and certified list of Electorate Councils, the Administrative branch members are received after 1 April, the Committee shall decide, at its discretion, delegates from that branch will not be able to approve or deny the request. to vote in the Annual General Meeting of the Electorate Council. Branch Mergers G.15

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Media branch cannot be made at an FEC Forum. G.18 The media are not allowed into Council (v) Branch membership can be renewed by meetings but, if the Council decides to do so, attending an FEC Forum. the President and Secretary can issue a media (d) release. (i) If the usual branch meeting is held in the FEC Forums same month as an FEC Forum, attendance at the branch meeting and the FEC Forum G.19 will both count towards attendance (a) A Federal Electorate Council must convene requirements for Branch members. two Forums each year and these Forums (ii) If the branch meeting is held on the must be held in May and November, subject same day as the FEC Forum, only one to any other decision of the Administrative attendance will be counted towards Committee. If the FEC so desires, additional attendance requirements for Branch Forums may also be held. All Party members members. in the electorate must be invited. The only two speakers at each Forum shall be the (e) Federal Members of Parliament and Duty Federal Member of Parliament or the Duty Senators are required to make every efort Senator and the Guest Speaker. The speeches to attend FEC Forums. Duty Senators of the Federal Member of Parliament/Duty are required to assist their Duty FECs in Senator shall be limited to ten minutes. The organising and conducting the Forums. Guest Speaker may also take questions from members. Electorate Assemblies (b) The General Secretary’s representative will G.20 liaise with FECs/Federal Members/Duty (a) An Electorate Council may convene an Senators to ensure these Forums are being Electorate Assembly of all Party members conducted as required under this Rule. Only in the Electorate to discuss Labor’s policy Party members and invited guests may attend priorities. these forums. The Guest Speaker need not be a Party member. (b) Branches and Party Units are invited to send all relevant agenda items to the Electorate (c) Council, which will determine the agenda for (i) The FEC attendance book must be made the assembly. available for all those in attendance to (c) The Electorate Council will ensure that all sign. Party members should indicate branches are given notice of the Assembly. the branch to which they belong in the attendance book. At the conclusion of the meeting the FEC President (or in the absence of the President, the Vice President or other ofcer chairing the meeting) must declare the meeting closed and permit any members in attendance to witness the signing of of the attendance book. (ii) Photocopies of the attendance records must be provided to the Secretary of each constituent branch within seven days who must then afx the pages into their branch attendance book. (iii) Attendance at an FEC Forum will count towards attendance requirements for existing Branch members for local selection ballots and the renewal of branch registration. (iv) Applications to join and admissions to a

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SECTION H (f) (i) Councillors should report regularly to local Local Government branches. H.1 (ii) Local Government Committees must meet at least once every three months so that (a) The Party will endorse candidates for local councillors can meet with and inform the government elections. After consultation Committees about council matters. In with local Party Units, the Administrative return Councillors need information about Committee will decide in which local the problems of the local government government areas to endorse candidates. area as a whole from these Committees. (b) The Administrative Committee must endorse (g) Branches should give proper consideration to candidates in compliance with the party’s the local needs of the people, but care must afrmative action minimum percentages as be taken to make sure that local government outlined in Section O. does not take more time and attention than (c) Only members with at least 12 months important Federal and State issues. membership in the Party can be endorsed as (h) Where Young Labor Associations exist in candidates for local government elections. local government areas, they will be entitled An exception can be made when a majority to send one non-voting member to the local of the Administrative Committee decides that government committee meeting. Also the a significant advantage would be gained for committee can consider correspondence from the ALP if a person with less than 12 months Young Labor Associations. membership in the Party stood as a candidate in a selection ballot. (i) Councillors and members involved in Local Government Campaigns must comply with (d) In areas where Councillors have embarrassed decisions of the Administrative Committee on the Party, endorsement will not be given to local government donations as resolved from candidates until the Administrative Committee time to time. is sure that the Party would be best served by allowing those candidates to be endorsed. H.2 (e) (a) At Council meetings Councillors who are members of the Party must support and (i) Labor Councillors shall not caucus on: vote for caucus decisions. Breaches of this n Development Applications (i.e. an Rule should be immediately reported by the application under Section 79c of the Secretary of caucus to the General Secretary EPAA Act or its equivalent); and of the NSW ALP. The Internal Appeals Tribunal shall hear complaints relating to caucus n Spot rezonings. breaches and local government disputes. (ii) Labor Councillors shall caucus on Party (b) Where four members of the Party are elected policy, local election policy, council to any Council, these Councillors shall caucus. estimates, finance and rates, staf Where three or less are elected, they should matters, the election of Mayor, President, consult. Chairpersons and Deputies and members of Standing Committees and other (c) Where a deadlock occurs in a Council caucus, representative bodies. the Chair of caucus has the deciding vote. The Chair does not has a casting vote in elections (iii) When Labor has a majority on a Council for Mayor, Deputy Mayor, Council Committees and when elected representatives and other representative bodies. Deadlocks are required to serve in a position on for these must be determined as specified in Council, including Council committees Schedule H.4(5). or other representative bodies, support must be given to a Labor majority of H.3 representatives on such committees (a) or bodies, as long as enough Labor representatives are willing to serve. For (i) At the commencement of each Council this Rule, a majority will be understood as term and then annually the caucus shall a simple majority. elect a President and Secretary.

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(ii) Where a popularly elected Mayor is a support Parliamentary or council candidates caucus member, that person shall be are political organisations. Under these caucus President for the term of the Rules, Party members are not allowed to Council. be members of such organisations. Party members can join community organisations (iii) A true record of all decisions taken at unless proscribed (not allowed) by the NSW caucus meetings is to be kept by the Administrative Committee. Secretary. These records shall be sent to the NSW ALP General Secretary on H.10 Where Labor has a majority in a Council request. or Shire, Labor Councillors must limit their reports at branches, Local Government (b) Where Labor has a majority the Labor Mayor, Committees, or other organisations inside President or Chair will be selected by caucus and outside the Party, to explaining and for the term of the Council or Shire. This is not supporting caucus decisions and promoting the case in the City of Sydney. the carrying out of ofcial Party Local (c) These Rules and the standing orders of State Government policy. Electorate Councils apply where practicable for caucus meetings. Local Government Committees H.4 The ofcial candidate to represent the Party in H.11 the elections for the Lord Mayor of Sydney is elected by a community selection ballot as per (a) A majority of branches may request the Rule N.44. The ofcial candidate so selected Administrative Committee of the NSW ALP to is automatically the endorsed number one approve the formation of a Local Government candidate in election of Sydney City Council Committee in that local government area. councillors. (b) Each branch with 5 or more members in a H.5 Local Government Area is entitled to send two delegates to that Local Government Area’s (a) Where a Councillor can be elected under Local Government Committee. the Local Government Act to any Board, Commission or Committee, the Labor (c) A Local Government Committee shall elect Councillors in the group concerned should ofce bearers as per a Council Executive for meet to select and support a Labor candidate an Electorate Council. for the position. (d) Local Government Committees shall meet (b) Where Councillors are elected to any every three months so the Councillors can board, commission or committee, the Labor meet with and inform the Committees about members in the group concerned shall meet Council matters. In return, Councillors need and caucus as per Rule H.2(b). information about the problems of the local government area as a whole from these H.6 When a vote is being recorded for an Committees. endorsed candidate all Councillors who can vote should be able to show a responsible (e) The Local Government Committee can advise Party ofcial that their votes have been but not direct caucus members as to how to recorded in favour of the endorsed Labor vote on an issue. The primary role of each candidate. Local Government Committee is to act as a Campaign Committee for Council elections H.7 Day labour will be used by all Councils where to ensure that Labor representation is Labor has a majority, and trade unionists maximised. will get preference for all council work. The exception will be where the Administrative (f) The Local Government Committee shall Committee, allows a contract system rather organise selection ballots for the local than day labour. Where the contract system is government area when required to do so chosen, preference will be given to contractors under these Rules. whose employees are members of a registered (g) Councillors may not be elected as delegates trade union. to Local Government Committees but may H.8 Labor Councillors will ensure that award rates attend such meetings with all the rights of or higher are paid for council work. delegates except voting rights. H.9 Local organisations that put forward or

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H.12 At least once each term, Local Government had been ofcially selected or endorsed. Committees may convene a local government H.17 The Secretaries of the Council caucus and assembly of all Party members in the local Local Government Committee must let the government area, to discuss Labor’s policy General Secretary know as soon as possible and approach in local government. when a by-election is needed. (a) All Labor councillors, or candidates if appropriate, will be expected to attend. NSW Labor Local Government Caucus (b) Branches and Party Units are invited to send H.18 all relevant agenda items to the LGC, which will determine the agenda for the assembly. (a) Councillors elected to a NSW local government body outlined in Section H, and (c) The LGC will ensure that all branches are ﬁnancial members of the Party (NSW Branch) aware of the assembly. elected to Aboriginal Land Councils in NSW LGCs in an area may decide to hold a must form a separate Local Government combined councils assembly. LGCs will have Caucus. the responsibility of organising the assembly, (b) The NSW Labor Local Government Caucus subject to the approval of the Administrative shall adopt its own standing orders and Committee. rules, determine its own structure, and adopt H.13 The Committees cannot tell Councillors procedures to facilitate its business and how they should vote on Council business. events. Councillors must report back to the branches. (c) The NSW Labor Local Government Caucus Where a Local Government Committee is not Executive shall be required to meet with functioning the Administrative Committee representatives from afliated unions at least of the NSW ALP may appoint a local SEC once yearly to: Returning Ofcer to act as Deputy Returning Ofcer for a pre-selection ballot as required. (i) Facilitate policy development between the Local Government Caucus and (a) Candidates must meet with the Local afliated unions; Government Committee to decide the policy for Council elections. (ii) Provide a framework for the partnership between the Local Government Caucus (b) These Rules, and the standing orders of State and afliated unions on matters of Electoral Councils, apply where needed for common concern; Local Government Committees. (iii) Undertake long-term planning for the H.14 When it considers it is in the best interests implementation of Labor policy in local of the Party to do so, the Administrative government; and Committee can decide not to endorse any candidate as an ofcial Party candidate. (iv) Provide a forum for leadership on matters of public concern and Interest related to H.15 The Administrative Committee can decide on local. the selection of any ofcial Party candidate or candidates, in any local Government electorate, as it thinks suitable in the best interests of the Party. Consultation must ﬁrst be made with the relevant Local Government Committee. H.16 (a) All Party members who run unendorsed must gain the approval of the Administrative Committee for their candidacy and for their preference distributions. (b) Where Councillors are elected to ofcial positions in Local Government but are not ofcially selected or endorsed candidates, they must keep to these Rules just as if they

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SECTION I (b) the ﬁrst meeting is advertised in the ofcial journal of the Party or a local newspaper. Where an objection is made to the branch Role of a Local Branch starting up again the Administrative I.1 Recognising that branches are the building Committee will look into the matter. blocks of the party, local branches shall be I.4 Where a town is divided into several established to achieve the following goals: electorates the Administrative Committee can (a) To encourage the dissemination of Labor allow members to meet as one branch. values in their communities; I.5 A branch of the Australian Labor Party can be (b) To identify, recruit, and develop leaders in their set up in any centre as long as at least ﬁfteen communities; eligible people want to form a branch. In a country area the number of eligible people (c) To develop the skills and analytical capacity of required to start a new branch is ten. their members;

(d) To educate their members about current Setting up a new branch social and political issues; I.6 (e) To develop their members’ understanding of (a) This is the way to set up a branch: the party’s traditions practices processes and structures; (i) A meeting should be called and advertised in the ofcial journal of the (f) To lead and coordinate campaigns on issues in Party or a local newspaper. The notice their communities; must include the time, date and venue for (g) To encourage and support their members to the meeting. At least two weeks’ notice be active in civil society organisations; of the meeting should be given in the (h) To build organisations in their communities advertisement. that share and promote Labor’s values; (ii) At least one month’s notice should be (i) To create bonds of solidarity and fellowship given to the General Secretary and to the between party members; Secretary of the State Electorate Council. The General Secretary will appoint a (j) To provide an avenue for receiving from their representative to oversee the conduct of communities feedback and input on Labor’s the formation meeting. policies, initiatives and program; (iii) The people meeting together (and there (k) To assist in the election of endorsed Labor must be at least fifteen eligible people candidates; or ten in a country area) must accept (l) To contribute to the process of developing the Platform and Constitution of the party policy; and Australian Labor Party (NSW Branch) and move a resolution to set up a branch. (m) To qualify members to enable them to exercise voting rights in preselections and other party (iv) The meeting should then elect a President ballots. (for the time being) and a Secretary (for the time being). Branches (v) The President and Secretary should fill in the Form of Declaration supplied by the I.2 All Party members who have been admitted General Secretary and send it back to the to membership of the branch (see Rule I.7 General Secretary, along with applications below) are members of a branch. Only those for membership filled in by people who who have been admitted to the branch in the were at the first meeting and who want to way set out in the Rules can take part in the become members. afairs of the branch and receive the benefits of membership. (b) After the Branch formation meeting and before the Branch charter meeting, the I.3 A branch which has not met for three months local State Electoral Council should decide cannot meet again unless: without delay if it wants a new branch to be (a) one calendar month’s notice is given to the set up, taking note of the area for which it is General Secretary and to the local State suggested, the members or those applying for Electoral Council, where one exists, and membership who want to set up the branch,

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and the need for such a branch. When the (b) In the case of people who are not citizens, a State Electoral Council has made its decision passport or other documentary proof of non- it should let the General Secretary know what Australian nationality confirming permanent that decision is without delay. residency must be produced, along with documentary proof of residence. (c) The General Secretary will refer the application from those who are acting as (c) In the case of people who are under eighteen President and Secretary, and the applications years of age, a birth certificate or the certified for membership, together with the decision copy of entry of birth must be produced. of the State Electorate Council, to the (d) If there is no branch in a state electorate, Administrative Committee for a decision. Party members may join the branch nearest to In the case of branch formation meetings, where they live. where more than fifty people apply to join, the matter will be referred to the Internal Appeals Tribunal for report prior to a decision being Local branch membership made. I.8 (d) The Administrative Committee may then allow (a) Members who want to keep their membership a charter to be issued to the new branch and with the branch must do so by attending a Party membership granted. meeting of the branch every membership year (e) When the charter has been received the and signing the attendance book. acting President and Secretary will call a Note: The membership year for branches starts on 1 meeting of people who intend to be members December and finishes on 30 November. by advertising it in the ofcial journal of the (b) Where members of the branch are sick, Party or local newspaper and informing the disabled, or sufer a mobility impairment that Secretary of the State Electorate Council of prevents them from signing the attendance the meeting in writing. At least two weeks book at a Branch meeting for the purposes notice of the meeting must be given. of renewing their branch membership, the (f) At this meeting elections will take place for member may apply to sign the branch the ofcial positions within the branch and attendance book by making an application to members who want to join the branch will be the General Secretary, in the form determined admitted to membership. by the Administrative Committee. (g) Only members present at the formation (c) The General Secretary will table any I.8 meeting may become members of the branch applications at the next Administrative at this meeting and vote for positions. Committee meeting. The Administrative Committee may accept, reject or seek further Joining a Local Branch information on the application. I.7 (d) Where the Administrative Committee accepts the application, permission to sign the branch (a) Branch members and those wanting to attendance book once in the membership year join the branch must live within the State is granted by the Administrative Committee. electorate. Members must, at the time of joining or transferring to a Branch either be (e) The Branch Secretary will arrange with the correctly enrolled with the Australian Electoral member for the book to be made available to Commission to vote in a federal election at sign at an agreed and convenient venue. their stated address or not be so entitled (f) The member concerned must sign a separate because they are under 18 years of age or page in the Branch attendance book. Next not an Australian citizen. Unless there is to the name of the member, the Branch overwhelming evidence against this, proof of Secretary must write in brackets “I.8”. where a branch member or an applicant for branch membership lives is taken from the up- (g) An application approved under this section is to-date Commonwealth Electoral Roll or by only valid for the membership year in which it production of an up-to-date Commonwealth is made. Enrolment Card. For the purpose of this Rule, (h) Applications from members to sign branch the Commonwealth Electoral Roll includes attendance books under previous iterations of supplementary rolls and computer printouts. this rule will expire as of 1 August 2017.

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Transferring from a Branch addresses, ticket numbers, categories of membership and membership fees paid, I.9 for Party members who live in each branch (a) An existing branch member who wishes area or state electorate and are members to transfer out of an existing branch must of the branch and have renewed their first notify the General Secretary of their membership by 31 March. intention to transfer in writing or via the Party’s website. Branch Meetings (b) Within fourteen days of receiving a I.11 notification under subsection (a), the Party Ofce must: (a) Each Branch in NSW must meet at least once every three months at a place (i) Issue the transferring member a decided by the Branch. Meeting venues Transfer Clearance; and must be as accessible as possible for all (ii) Notify the transferring member’s old members. branch and new branch of the pending (b) The Secretary must let each Branch transfer. member know the time, date and place (c) An existing branch member applies to of meetings and may send this advice by transfer into a new branch by: email. (i) Attending an ordinary branch meeting; (c) All branches must notify the relevant local Labor member of Parliament, State Duty (ii) Signing the attendance book; MLCs and Duty Senators of the meeting (iii) Showing their Party Membership Card times, date and place of branch meetings. to the Branch Secretary; and Any variations to branch meetings, times, dates and locations shall be notified with (iv) Showing their Transfer Clearance to the appropriate notice (ie: 7 days). The the Branch Secretary. General Secretary must be advised of a (d) A transferring member’s membership of permanent change to the meeting time, the new branch starts from the branch date and place of a branch. meeting at which they apply to transfer (d) into the new branch in accordance with subsection (c). (i) Where a Branch usually holds one meeting a month, in January and (e) Where the Internal Appeals Tribunal or February that Branch can hold two the Review Tribunal is of the view that a ordinary meetings to make it easier member has efectively transferred their for members to renew their branch membership to another branch, then the membership. Tribunal may confirm the member’s branch membership as of a date determined (ii) One meeting must be held at the usual by the Tribunal. For the purposes of this meeting time, date and place. The rule, the Tribunal may wish to consider other ordinary meeting will be held at but will not be confined to branch the usual meeting place when that is minutes evidencing a transfer of branch possible, at a time and date decided membership and proof of regularity of by the Branch. branch attendance. (e) Meetings must be at least seven days apart (f) A person may transfer their membership whether these are special or ordinary interstate by notifying the General meetings and all members must be advised Secretary of their intention to transfer of the meetings. in writing or via the Party’s website. (f) All meetings must be held in accordance The General Secretary must forward with the principles outlined in Schedule L this information to the Secretary of the Women’s Participation. interstate branch to which the person is transferring. I.12 I.10 During April the General Secretary sends (a) Unless a Branch has resolved to suspend all branches a complete list of the names, standing orders or normal branch business to hold a general discussion, training,

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policy forum or social event, the business at (c) A special Branch meeting can only discuss Branch meetings is carried out in the following the matters raised when the meeting was order: first called for. New items cannot be added to the agenda. The business of a special (I) Acknowledgment of Country; meeting cannot include applications for or (ii) Confirmation of meeting minutes, which acceptance of new members to the branch can be read or provided electronically or and attendances at special meetings will not in hard copy prior to the meeting; count for preselection purposes. (iii) New Members; (d) Items other than those raised when the meeting was first called for, will be ruled out of (iv) Policy discussion; order. (v) Correspondence; (e) The Branch Executive can call a special Branch (vi) Accounts; meeting but must follow this Rule. (vii) Reports; I.14 A branch meeting can only take place if a (viii) Motions which have been provided in quorum is established ie if seven members are writing to the meeting; and present, or five members in a country area. If a quorum is not established after 30 minutes (ix) General Business. the meeting cannot take place. The quorum (b) must be maintained at all times during the meeting or the meeting will lapse. (i) The minutes of the previous meeting may be circulated to branch members by email I.15 The media are not allowed in to Branch rather than posted, and must be available meetings but, if the Branch decides, the for inspection at the meeting prior to President and Secretary can issue a media confirmation. This must be given priority release. at each ordinary Branch meeting. I.16 (ii) The President, or whoever is presiding (a) A member, or a person applying for at the meeting, shall sign the minutes membership, is present at the meeting if he/ immediately after they have been she signs the ofcial attendance book during confirmed. the meeting. Where the minutes are typed, the signed (b) The Secretary shall ensure that the attendance copy shall be pasted into the minute book book is circulated among the attendees at by the secretary. a meeting in a way that allows attendees to (c) The Secretary is required to give only peruse the book. The clamping of books with a brief overview of any major items of clips is prohibited. correspondence received and table all other (c) At the conclusion of the business of a Branch correspondence for circulation during the meeting, the President (or in the absence of meeting. the President, the Vice President or other I.13 ofcer chairing the meeting) must declare the meeting closed and must permit any members (a) If at least twelve members ask for one, a in attendance to witness the signing of of the special Branch meeting must be arranged by attendance book. The chair’s signature must the Secretary. The request must be made in go immediately under the last signature and writing and state what issues the members the page must be ruled of. want to discuss. The Secretary must tell all local Branch members of the special meeting I.17 Any member who behaves in an unruly or by sending out a circular seven days before disorderly way can be ordered to leave the it will take place. If, after fourteen days from meeting by the Chair. receiving the request, the Secretary has not I.18 Any Party member can attend any other organised a special Branch meeting, the Branch meeting, but they can only speak General Secretary should be told. during discussions with the agreement of the (b) A special Branch meeting cannot overturn a Branch they are visiting. A member visiting decision made at a Branch meeting during the another Branch cannot vote; cannot propose previous three months. or second a motion; and cannot hold ofce.

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Branch Annual General Meeting and Ofcials I.20 I.19 (a) Branch ofcials are elected at the Annual General Meeting held in March, or another (a) At its Annual General Meeting in March each month determined by the Administrative Branch must elect: Committee. However if a Branch Annual n a President; General Meeting takes place in a month other than March, eligibility to vote and be n two Vice-Presidents (one of whom is the a candidate at the Annual General Meeting Senior Vice-President); under these Rules is determined as if the n a Secretary; Annual General Meeting is taking place in March. n a Treasurer; A preferential voting system is to be used (see n a Fundraising Ofcer; Schedule H at the end of this book). n an Assistant Secretary; (b) n A New Member Ofcer; (i) Nominations for Branch Positions must n Two Auditors (one of whom is the Senior close with the Returning Ofcer no less Auditor); than seven days prior to the Annual General Meeting, at a date, time and place n Delegates and Alternate Delegates to Federal and State Electorate Councils, agreed by the Branch. Members must be Local Government Committee; given seven days notice by circular before nominations close. n a Branch Returning Ofcer; (ii) The notice must advise the number of n a Deputy Returning Ofcer; delegates and alternate delegates to be elected to Electorate Councils from the n and any other Branch representatives needed for the following year. Branch. The jobs of Secretary and Treasurer can be (iii) The notice must advise how many combined, but if that happens an extra Vice- delegate and alternative delegate President must be elected. A member of the positions are to be elected are required Branch Executive other then the President or to be ﬁlled by women in compliance of Secretary can also hold the position of New the party’s afrmative action minimum Member Ofcer. The role of the New Member percentage as outlined in Section O. Ofcer is to mentor new Branch members and (iv) Nominations must be made in writing and explain how the Branch and other Party Units signed by two other Branch members work. and the person nominated, showing that (b) The President, Vice-Presidents, Secretary, the person accepts the nomination. If Assistant Secretary, Treasurer or Secretary- not enough nominations are received in Treasurer and Fundraising Ofcer are the advance, written or verbal nominations Branch Executive and are also members of all can be made at the meeting during the Branch committees. The Branch Executive and elections. any Branch Committees will report back on (v) The Returning Ofcer or his/her Deputy any decisions made, or actions taken by the must be present at the time and Branch Executive and/or Branch Committees, place when it was stated nominations for ratiﬁcation by the branch members. would close. After nominations close (c) Electorate Branches (that is where there is the Returning Ofcer (or Deputy) only one Branch in the electorate) elect the must immediately check that all the delegates they need at their Annual General nominations are correctly completed Meeting. (valid). The Returning Ofcer (or Deputy) must tell the candidates or scrutineers (d) In electing positions set out in (a), the branch which nominations are correct and which must adhere to the party’s afrmative action are incorrect. If the Returning Ofcer (or minimum percentages as outlined in Section Deputy) decides certain nominations are O. incorrect (invalid) he/she must explain why he/she has made that decision. If a

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ballot is needed the Returning Ofcer (f) At least seven days before the elections the must immediately decide the order of the Secretary gives the Returning Ofcer a list of names on the ballot paper. This should the names and addresses of members who be done by drawing lots. Candidates can vote. Any candidate is entitled to be given can appoint scrutineers to oversee the the list. drawing. I.21 Notwithstanding other provisions of these (vi) No Returning Ofcer or scrutineer shall Rules Branch ofcials and delegates be allowed to nominate for any position representing Branches hold ofce until the in any ballot in which he/she is acting as declaration of election of their successors, Returning Ofcer or scrutineer. unless their position falls vacant because the ofce-holder: (c) (a) dies; (i) If a member wants to stand for a position in the Branch he/she must be a fully (b) resigns the ofce by instrument in writing paid-up member by 31 January and addressed to the Branch Secretary; have renewed their Branch membership (c) becomes a mentally incapacitated person; before 1 March. If there are not enough nominations a member can stand for a (d) ceases to be a member of the Party; position as long as he/she is a fully paid- (e) ceases to be a member of the Branch; up member before being nominated. (f) if a member of the Branch Executive – is (ii) A member must either be present at the absent without permission for three ordinary meeting when he/she is nominated or, meetings of the Branch in a row; or if he/she is not able to attend, make it clear in writing that he/she wants to be (g) if a delegate representing the Branch – is nominated. absent without permission from three ordinary meetings of the Electorate Council/Local (iii) A member cannot hold any Branch Government Committee in a row. positions unless he/she has been a member of the branch for not less than six A person elected to a position by a Branch months immediately before the elections. ceases to hold that position if these Rules An exception to this Rule is made when do not require the continued existence of there are not enough nominations from the position and the position ceases to exist. members who have been in a Branch for Nothing in this Rule prevents a person who more than six months. ceases to hold ofce under (f) or (g) above from re-nominating and being re-elected to (iv) The previous Rule does not apply to new the same position. Branches which have existed for less than 12 months. I.22 If a position of a Branch ofcial or delegate representing the Branch is vacant, or a (v) Councillors cannot be elected as position is not filled at the Annual General delegates to the Local Government Meeting, then the vacancy is filled by the Committee. Branch as follows: (d) To vote in Branch elections members must be: (i) A time, date and place is set for n fully paid-up by 31 January, nominations, but members must be given seven days notice. This can be done by n must have renewed their membership of a circular being sent to members or by the Branch before 1 March and advertising it in the ofcial journal of the n a member of the Branch for at least three Party. months before the elections. (ii) The vacancy is filled at the next ordinary (e) The General Secretary sends each Branch Branch meeting. If an election is needed Secretary a complete list of the names, preferential voting should be used (see addresses, ticket numbers and categories of Schedule H at the end of this book). membership for all members in the Branch I.23 area, or who have joined the Branch, who have renewed their membership by 31 January. (a) When a person applies to join or transfer into the Branch, the Secretary should ensure that This list should be received by 14 February.

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the person is eligible to join the Branch and of the Annual General Meeting, he/she must should note how many people are applying to tell the Branch delegates to each Electorate join at each Branch meeting. Council. (b) Any challenges to the eligibility of a person (f) If a delegate elected to represent a Branch, to join the Branch must be referred in writing an Electorate Council or Local Government to the General Secretary who will make a Committee is unable to perform a function as determination within one week of receiving a delegate, the Branch Secretary may appoint the referral. The determination of the General an alternate delegate elected by the Branch Secretary may be challenged in writing in for the Council or Committee to exercise that accordance with Rule A.35. function.

Branch President Branch Treasurer and Branch Fundraising Ofcer I.24 The President chairs Branch meetings when he/ she is present. The President must keep I.26 the meeting in order and make sure that the (a) The Treasurer must keep accurate accounts Rules of debate are followed. (The Rules of of all Branch money. No money can be debate are printed as Schedule I at the end of withdrawn from Branch funds without the this book.) Treasurer’s signature and he/she will only If the President is away, the most senior Vice- sign after a Branch decision. At the end of President at the meeting takes the chair. the financial year the Treasurer must present the Branch with an audited balance sheet and Branch Secretary statement of income and expenditure. I.25 The Secretary (or if he/she is away, the (i) From time to time $30 can be voted for Assistant Secretary) must: use as petty cash by the Secretary. (a) Keep proper Branch records. These records (ii) In every other way the Branch finances include: are to follow the Rules in Section K of this book. n Branch Attendance Book; and (b) The Fundraising Ofcer co-ordinates all n Branch Minute Book. Branch fundraising. He/she should report to The Secretary also deals with letters to and the Branch regularly. All money raised must be from the Branch (correspondence). given to the Treasurer – see (a) of this Rule. (b) Pay all monies over to the Branch Treasurer. (c) The Treasurer must ensure that the Branch This should happen either at Branch meetings complies with requirements of the Election or as soon as possible afterwards. Funding, Expenditure and Disclosures Act 1981. At the end of each financial year, the (c) On or before 1 April each year send the Treasurer must provide the NSW Labor Ofce return sheets listing Branch members to the with a schedule and details of all income Secretaries of the State and Federal Electorate received and expenses paid out by the Branch Councils, Local Government Committees, and associated information during that and to the General Secretary. The return financial year. sheets must include names and addresses. Failure to lodge required Branch or Electorate Council Annual Financial Returns to the NSW Branch Records Branch Ofce may result in the Administrative I.27 Committee suspending the charter of the (a) The Administrative Committee can demand Branch or Electorate Council. to see the books, documents, money and (d) Branches can only be represented on State business records of any Branch. If that or Federal Electorate Councils or Local happens the Branch Secretary must deliver Government Committees if they have sent in the books, documents, money and business their return sheets. records to the General Secretary of the NSW Branch. (e) As soon as the Electorate Councils have given the Branch Secretary the details of the date, (b) If a Branch Secretary ignores or refuses to time and place for nominations and the details meet the Administrative Committee’s request,

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the General Secretary can take proceedings send delegates to electorate councils, keep against him/her to obtain the books, minutes or have special meetings. documents, money and business records. (g) Members of Central Policy Branch may As explained in Section K of the Rules, all local propose, second, speak to, amend, adjourn, Branch books, documents, money and other vote on and pass motions at Central Policy material belong to the NSW Branch of the Branch pursuant to sections 4 to 10 of Australian Labor Party. Schedule I. Policy Branches Central Policy Branch Regional Policy Branches I.28 (h) A State Electorate Council or State Electorate (a) The Central Policy Branch will meet bi- Councils may request that the Administrative monthly and hold meetings in both the Central Committee grant a charter for a Policy Branch Business District and from time to time in in their area, so long as it would not detract other areas, including rural and regional areas. from existing Branch structures. Each meeting shall focus on one policy issue. (i) The Administrative Committee may decide, (b) The Central Policy Branch will not be at its discretion, to approve, alter or deny conducted in the same manner as existing a request under subsection (h). The local branches. Open meetings and forums of Administrative Committee may approve no Policy Committees, as well as Central Policy more than three Regional Policy Branches Branch forums, will be deemed meetings of under this subsection in the first twelve the Central Policy Branch and an attendance months after it becomes operative. book will exist for the Central Policy Branch. The purpose of the Central Policy Branch is to (j) Regional Policy Branches operate in the same allow members who are interested in policy way as the Central Policy Branch, except that development and discussion, outside the only Party members residing in the State existing branch structures, to participate in Electorates requesting a charter may join a Party afairs. Regional Policy Branch. (c) A Central Policy Branch meeting is only (k) For the avoidance of doubt, subsection (j) deemed to take place if a quorum is means that members of Regional Policy established i.e. if seven members are present. Branches are eligible to vote in local selection If a quorum is not established after 30 ballots pursuant to Rule N.19(h). minutes the meeting is not deemed to have (l) For the avoidance of doubt, subsection (j) taken place. The quorum must be maintained means that Regional Policy Branches may not at all times during the period in which the send delegates to Electorate Councils, as per attendance book is open for signature. Rule G.1(f). (d) Any member of the ALP (NSW Branch) can (m) A copy of the relevant pages of a Regional apply to join the Central Policy Branch. At the Policy Branch’s attendance book shall be first meeting they attend they must complete forwarded to the NSW Branch Ofce within an application to join the Branch and must seven days of each meeting. provide proof of their electoral enrolment to the Secretary as detailed in Rule I.7. A member (n) The NSW Branch Ofce shall maintain a transferring from and/or to another branch register of the information provided under must comply with the provisions of Rule I.9. subsection (m). This register shall be available for inspection by any member of the (e) The General Secretary will be the Secretary Administrative Committee. of the Central Policy Branch and will appoint a Chairperson and may appoint an acting Online Policy Branches Secretary for each meeting and be responsible for the keeping of the Central Policy Branch (o) The Administrative Committee may grant attendance book. Policy Committees can a charter for an Online Policy Branch. The organise forums and policy discussions that Administrative Committee may grant no more will be considered meetings of the Central than one charter for an Online Policy Branch Policy Branch. under this subsection in the first twelve months after it becomes operative. The Online (f) The Central Policy Branch does not hold an Policy Branch will meet quarterly and focus on Annual General Meeting, elect ofcer bearers,

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one policy issue. (iii) The name of a patron from the State Parliamentary Caucus; (p) Except as provided for in this Rule, Online Policy Branches operate in the same way as (iv) The name of a patron from the Federal the Central Policy Branch. Parliamentary Caucus; and (q) A member of an Online Policy Branch may (v) The names of the two Party Ofce Liaison concurrently be a member of a Branch in Ofcers required in I.29(e). their local area, the Central Policy Branch, or a (d) To maintain its charter, a LAC must at all times Regional Policy Branch. have 30 members who are also financial (r) Despite Rule N.19(h), members of Online Party members. The following people are not Policy Branches are not eligible to vote in local eligible for membership of a LAC: selection ballots in their capacity as an Online (i) A person who is a member of another Policy Branch member, but may be eligible if political party or one of its afliated they are concurrently a member of a Branch in organisations (Country Labor does not their local area, the Central Policy Branch, or a constitute another political party for the Regional Policy Branch. purposes of this subsection); or (s) For the avoidance of doubt, subsection (p) (ii) A person who has been expelled from the means that Online Policy Branches may not Party and has not been readmitted as a send delegates to Electorate Councils, as per member. Rule G.1(f). (e) To maintain its charter, a LAC must hold an (t) The NSW Branch Ofce shall maintain a Annual General Meeting each year where it register of attendance for Online Policy elects a Convenor/President, a Secretary/ Branches. This register shall be available Treasurer and two Party Ofce Liaison for inspection by any member of the Ofcers. Administrative Committee. (f) The Party Ofce must maintain a register of Labor Action Committees the names and membership numbers of the members of each LAC. This register must be I.29 available for inspection by a member of the OBJECTIVES Administrative Committee on request. (a) Labor Action Committees (‘LACs’) have the (g) The Administrative Committee may approve following objectives: a set of constitutional rules that a LAC must abide by. (i) To discuss and develop policy on a defined subject, or afecting a defined (h) The Administrative Committee may withdraw demographic; the charter of a LAC in a manner consistent with Rule D.6. (ii) To organise events on a defined subject, or for a defined demographic; DUTIES (iii) To communicate and engage with the (i) A LAC must be as inclusive as possible. community; and (j) A LAC must, on or before 1 April each year, (iv) To grow the Party. send an annual financial return and annual membership return to the General Secretary. CHARTER (k) A LAC must operate its finances in the same (b) The Administrative Committee may grant a way as a branch under the Rules. charter for a LAC where a group submits a valid LAC Application. (l) A LAC must operate its bank account through the Party’s bank. (c) To be valid, a LAC Application must contain the following information: POWERS (i) A statement of the group’s name, (m) Subject to these Rules, Annual Conference objectives and Rules; and the Administrative Committee, a LAC may: (ii) A declaration signed by 30 financial Party members that the group accepts the (i) Subject to rule I.29(g), determine its own Party Rules and Platform; structure;

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(ii) Determine how a person becomes a per three months. A meeting is only deemed member of the LAC; to take place if a quorum is established, i.e. if seven members are present as per the (iii) Adopt procedures to facilitate its requirements of rule I.14. business; (c) An Auslan Branch must elect a Branch (iv) Promote itself as being associated with President, Secretary and Treasurer in the Party; accordance with rules I.24–I.26, and maintain a (v) Discuss and develop policy on a Branch Attendance Book to be maintained as defined subject, or afecting a defined per I.27. demographic; (d) An Auslan Branch will not be conducted in the (vi) Organise events on a defined subject, or same manner as existing local branches, but for a defined demographic; will be an open forum to allow members to participate in Party afairs and policy debate (vii) Request that its events be publicised by and development in the Auslan language. the Party; (e) An Auslan Branch is open for membership (viii) Put motions directly to Annual to all members of the NSW Labor Party. Conference, Country Labor Conference, A member of an Auslan Branch may the NSW Policy Forum and the National concurrently be a member of their local Policy Forum; and branch, the Central Policy Branch or a (ix) Request that the Administrative Regional Policy Branch. Committee approve a Membership (f) Attendance at an Auslan Language Branch Application Form or a Membership will not count towards meeting attendance Renewal Form with the LAC’s branding. requirements for public selection ballots. (n) If the Administrative Committee approves, a LAC may charge a membership fee. (o) A LAC may not: (i) Send delegates to electorate councils; or (ii) Send delegates to Annual Conference or Country Labor Conference. (p) A member of a LAC need not be a financial Party member, but a member of a LAC who is not a financial Party member will not count towards the LAC’s membership for the purposes of maintaining its charter under subsection (d). (q) A member of a LAC may concurrently be a member of a branch in their local area, the Central Policy Branch, or a Regional Policy Branch. (r) A member of a LAC is not eligible to vote in local selection ballots in their capacity as a member of the LAC, but may be eligible if they are concurrently a member of a branch in their local area, the Central Policy Branch, or a Regional Policy Branch.

Auslan Branch Trial I.30 (a) The Administrative Committee may grant a charter for a Trial Auslan Language Branch following a request signed by ten (10) members. (b) An Auslan Branch must meet at least once 56 RULES 2017

SECTION J (ii) Appeals regarding the conduct of a ballot; (iii) Appeals regarding credentials for any Tribunals Conference under these Rules; (iv) Appeals against decisions made by a Right of appeal meeting of the Party Ofcers; J.1 (v) Appeals against decisions made by the (a) A Party member, Party Unit or Afliated Union Administrative Committee; may appeal decisions made by Party Units or (vi) Matters referred to it by the the conduct of Party members to the Internal Administrative Committee; Appeals Tribunal and Review Tribunal. (vii) Matters referred to it by the Ombudsman; (b) An appeal to the Internal Appeals Tribunal or (viii) Matters regarding an alleged breach of Review Tribunal is only valid if it: these Rules; (i) is addressed to the Secretary as per Rule (ix) Applications for continuity of J.11 (c); membership; and (ii) Is provided in writing through the online (x) Applications for re-admission to Tribunal submissions system where membership. possible; (b) An appeal to the Internal Appeals Tribunal (iii) States the grounds for the appeal under against a decision made by the Party Ofcers the Rules; or Administrative Committee must be lodged (iv) Provides evidence to substantiate the within two calendar months of the decision. claim; and (c) The Review Tribunal has jurisdiction to hear: (v) Is lodged with the correct fee specified in (i) Appeals against decisions made by the Rule J.1(d). Internal Appeals Tribunal; and (c) Subject to these Rules and Annual Conference, (ii) Matters referred to it by the the Internal Appeals Tribunal and Review Administrative Committee. Tribunal may determine the form and manner in which appeals must be made, including (d) An appeal to the Review Tribunal against whether a hearing is necessary. a decision made by the Internal Appeals Tribunal must be lodged within fourteen days (d) A deposit is required for all appeals as a of the decision. guarantee of good faith - the deposit will be returned if there are reasonable grounds for (e) If a member is dissatisfied with a decision of the charge being made. The fee structure is as the Internal Appeals Tribunal they may appeal follows: to the Review Tribunal if the member can establish that the Internal Appeals Tribunal in (i) For Internal Appeals Tribunal matters making its decision: the fee shall be set at $50 plus $5 per member. (i) overlooked or breached a Rule, or (ii) For a Review Tribunal matters the fee shall (ii) allowed extraneous or irrelevant matters be set at $75 plus $5 per member. to guide its decision; (e) In matters that are referred to a Tribunal by the (iii) mistook the facts; or Administrative Committee or Party Ofcers, (iv) failed to take into account a material they are exempt from paying the prescribed consideration. fee. (f) In considering whether the Internal Appeals Jurisdiction Tribunal has made an error in its decision in accordance with J.2(e), the Review Tribunal J.2 will have regard to the material that was (a) The Internal Appeals Tribunal has jurisdiction before the Internal Appeals Tribunal in the first to hear: instance. (i) Appeals regarding the list of voters for a (g) In considering whether the Internal Appeals ballot; Tribunal has made an error in its decision in

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accordance with J.2(e), the Review Tribunal (iv) Be admitted as a lawyer in the state of may, where extraordinary circumstances New South Wales; and dictate, have regard to new or fresh evidence (v) Be of good fame and character. that was not available to the Internal Appeals Tribunal in the first instance. The Review (c) To be eligible for election and to remain in Tribunal may invite a member of the Internal ofce as a member or associate member Appeals Tribunal to attend to provide of the Internal Appeals Tribunal or Review additional information on the decision making Tribunal, a person must: process of the original Internal Appeals (i) Be a financial Party member; Tribunal decision. (ii) Not hold public ofce; (h) The Internal Appeals Tribunal or Review Tribunal does not have the power to overturn (iii) Not be actively seeking election or a decision of Annual Conference. appointment to public ofce; (iv) Be admitted as a lawyer in the state Members of New South Wales or possess other J.3 ELECTION relevant skills or experience; and (a) The Internal Appeals Tribunal and Review (v) Be of good fame and character. Tribunal each consist of: (d) A person who holds a position on the Review (i) A Chair; Tribunal must not hold a position on the Internal Appeals Tribunal. (ii) A Deputy Chair; J.5 AFFIRMATIVE ACTION (iii) Three members; and (a) At least one third of Internal Appeals Tribunal (iv) Six associate members. and Review Tribunal members must be (b) The positions in subsection (a) must be women. elected by a three-quarters majority vote of (b) At least one third of Internal Appeals Tribunal the Administrative Committee. and Review Tribunal associate members must (c) A person elected to a position in subsection be women. (a) holds ofce for two years. J.6 ROLE OF ASSOCIATE MEMBERS (a) Inability to attend J.4 ELIGIBILITY (i) If a member of the Internal Appeals (a) To be eligible for election and to remain Tribunal or Review Tribunal is unable to in ofce as a Chair or Deputy Chair of the attend all or part of a meeting, they may Review Tribunal, a person must: appoint an associate member to replace them. (i) Not hold public ofce; (ii) If a Chair or Deputy Chair of the Internal (ii) Not be actively seeking election or Appeals Tribunal or Review Tribunal is appointment to public ofce; unable to attend all or part of a meeting, (iii) Be admitted as a lawyer in the state of they may not appoint an associate New South Wales; member to replace them. (iv) Be a Queen’s Counsel, Senior Counsel, (iii) An associate member appointed under partner at a law firm, or retired judge; and subsection (i) has the full rights of the member whom they are replacing for that (v) Be of good fame and character. meeting or part of that meeting. (b) To be eligible for election and to remain (b) Conflict of Interest in ofce as a Chair or Deputy Chair of the Internal Appeals Tribunal, a person must: (i) If a Chair, Deputy Chair or member of the Internal Appeals Tribunal or Review (i) Be a financial Party member; Tribunal is directly involved in any matter (ii) Not hold public ofce; being considered by the Tribunal, they must not participate in the meeting when (iii) Not be actively seeking election or that matter is being considered or vote on appointment to public ofce; that matter.

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(ii) If a member of the Internal Appeals circumstances. Tribunal or Review Tribunal is directly (ii) In making a decision on a matter before involved in any matter being considered it the Tribunals shall give primacy to the by the Tribunal, they may appoint an broader interests of the party. associate member to replace them for that matter only. (c) The Internal Appeals Tribunal and Review Tribunal may dismiss proceedings at any time (iii) If both the Chair and Deputy Chair of if they consider that: the Internal Appeals Tribunal or Review Tribunal are directly involved in any (i) The appeal is frivolous, vexatious or not in matter being considered by the Tribunal, good faith; or they may appoint an associate member to (ii) The subject matter of the appeal is trivial; replace them for that matter only, but not or otherwise. (iii) The decision or conduct under appeal (iv) An associate member appointed under occurred at too remote a time to justify a subsection (ii) or (iii) has the full rights of hearing; or the member whom they are replacing for that matter only. (iv) The appellant has no interest or insufcient interest in the decision or (c) An associate member of the Internal Appeals conduct under appeal. Tribunal or Review Tribunal is not entitled to participate in a meeting or vote unless (d) In any proceedings before them, the Internal they have been appointed to replace a Chair, Appeals Tribunal and Review Tribunal must Deputy Chair or member of the Internal act according to the substantial merits of the Appeals Tribunal or Review Tribunal under case without regard to technicalities or legal subsections (a) or (b). forms. (e) The Internal Appeals Tribunal and Review Powers Tribunal may advise the Administrative J.7 PARTY MEMBERS TO Committee on ways to improve the Party’s PROVIDE INFORMATION ETC Rules and procedures. (a) The Internal Appeals Tribunal and Review J.9 WRITTEN REASONS Tribunal may require any Party member to (a) The Internal Appeals Tribunal and Review provide: Tribunal must provide written reasons for their (i) A statement of information; or decisions. (ii) Any document or other thing that the (b) The Internal Appeals Tribunal and Review Tribunal considers relevant to a matter it is Tribunal must report their decisions and hearing. reasons to the: (b) A request made under subsection (a) must: (i) Appellant, within fourteen days of the decision; (i) Be provided in writing; (ii) Respondent, within fourteen days of the (ii) Describe the information, document or decision; thing required; and (iii) Next subsequent Administrative (iii) Specify a time and place for compliance. Committee meeting; and J.8 MAY MAKE DECISIONS OR DISMISS (iv) Next subsequent Annual Conference. PROCEEDINGS (c) The Internal Appeals Tribunal and Review (a) The Internal Appeals Tribunal and Review Tribunal’s decisions and reasons must be Tribunal may make decisions on matters available for any ﬁnancial Party member to referred to them under these Rules. inspect during ofce hours. (b) J.10 ANNUAL CONFERENCE MAY OVERRULE (i) In making a decision on a matter referred (a) Except as provided in subsection (b), to them under these Rules, the Internal decisions made by the Review Tribunal are Appeals Tribunal and Review Tribunal ﬁnal. may make any order or determination that they consider appropriate in the (b) Annual Conference may overrule decisions made by the Review Tribunal. 59 RULES 2017

Procedures do not have to be made available to the involved parties and are only to be inspected J.11 MEETINGS by Tribunal members, unless the Tribunal (a) determines otherwise. (i) A meeting of the Internal Appeals Tribunal (d) Any evidence not made available in will be held monthly on a regular date accordance with subsection (a) is from February to November when there inadmissible. are appeals to be heard. The Annual (e) The Internal Appeals Tribunal and Review schedule of meeting must be reported to Tribunal are not bound by the rules of the Administrative Committee. evidence. (ii) A meeting of the Review Tribunal will J.13 RIGHTS AND RESPONSIBILITIES be held monthly on a regular date from OF THE PARTIES February to November when there are appeals to be heard. The Annual schedule (a) The appellant and respondent have the right of meeting must be reported to the to: Administrative Committee. (i) Appear at any hearing of their case; (b) Quorum (ii) Have their case heard expeditiously; (i) A meeting may take place only when a (ii) Provide a statement of information; majority of members, including the Chair or Deputy Chair, are present. (iv) Question witnesses; (ii) If a majority of members are not present (v) Present evidence; and after thirty minutes, the meeting must not (vi) Procedural fairness. take place. (b) Where an appellant or respondent is unable (iii) If an associate member has been to attend the hearing of their appeal, appointed under Rule J.6(b)(iii), they procedural fairness will be seen to have been represent the Chair or Deputy Chair accorded where they have been aforded the whom they are replacing for the purposes opportunity to lodge written submissions and of subsection (i). written evidence. (c) Secretary (c) The appellant and respondent must conduct (i) The General Secretary provides a themself as directed by the Chair. Secretary for the Internal Appeals Tribunal and Review Tribunal. Guidelines for conduct of appeals (ii) The Secretary is not entitled to vote. J.14 THE INTERNAL APPEALS TRIBUNAL AND THE REVIEW TRIBUNAL: (iii) The Secretary must not be counted for the purposes of quorum under subsection (a) must prescribe guidelines for the conduct of (a). appeals, including the granting of leave by the Tribunal to hear appeals, and make these J.12 EVIDENCE guidelines available to all Party members; and, (a) All evidence must be submitted to the (b) may otherwise regulate its own procedure; Secretary of the Tribunal no less than 72 hours subject to these rules and the Annual before a hearing of a case. Conference. (b) All evidence must be made available to the appellant and respondent no less than twenty four hours before a hearing of their case. (c) Party Unit attendance and minutes books and Party Ofce records are not subject to subsection (b). Party Unit attendance and minutes book must be provided to the Tribunal upon request. Party Unit attendance and minute books and Party Ofce records

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SECTION K (v) details clearly identifying the ledger account to be debited; and Finance, Property and Funds (vi) particulars sufcient to identify the purpose for which the payment was K.1 All property, including funds, books, furniture, made. equipment and other assets of the NSW Branch of the Australian Labor Party, is held in K.3 the names of three Trustees. The Trustees are (a) All property, including funds, books, furniture, elected as in Rule B.6 and have the power to equipment and other assets, of a Party Branch, take legal action to recover all or any property Council or Local Government Committee, of the NSW Branch. is held in the names of the President, Vice- K.2 Presidents, Secretary and Treasurer. They have the power to take legal action to recover all or (a) After they have been elected the Trustees hold any of this property. Land is excluded under assets and property on behalf of the NSW this Rule. [see Rule K.6(a)] Branch. NSW Branch monies are banked in the names of the Trustees. NSW Branch monies (b) Money raised for special purposes by Branch, are to be used for political, industrial and local Council or Local Government Committees government work and the efcient running of must be kept by that unit’s Treasurer. When the Party ofces. the work or campaign is ﬁnished any money that remains, plus accounts and balance (b) A payment exceeding the sum of $1000 may sheets, must be given to the Branch Secretary. only be made from the bank by: (c) All funds raised or claimed for campaign or (i) a cheque signed by one or more of the election purposes are the property of the Trustees and also signed by the General NSW Branch of the Australian Labor Party. Secretary; or K.4 The Branch President must agree to all (ii) an electronic transfer of funds speciﬁcally amounts and bills before they are paid. approved by one or more of the Trustees and by the General Secretary. K.5 If for any reason a Branch, Council or Local Government Committee ceases to exist all (c) A payment not exceeding the sum of $1000 funds, books, documents and other materials may be made from the bank: become the property of the NSW Branch of (i) by a cheque signed by the General the Australian Labor Party. Secretary and one Assistant General K.6 Secretary or; (a) Land owned by the Party or any of its (ii) an electronic transfer of funds approved Branches should be held in the names of three by the General Secretary and one Trustees. For example, in the case of Branches, Assistant General Secretary. Councils and Local Government Committees (d) Money cannot be withdrawn from the bank the three could be the President, one of except by cheque or electronic transfer in the Vice- Presidents and the Secretary. The accordance with this Rule. Money cannot be Trustees hold the land on trust as directed by withdrawn from the bank by cash withdrawal the Administrative Committee. (excluding petty cash withdrawals), ATM (b) Any Trustee of the NSW Branch can be withdrawals or transfers, telephone banking removed by a motion passed at an Annual or withdrawals or transfers Special Conference. (e) A record must be kept of each payment by (c) If one or more of the Trustees resigns, cheque or electronic transfer, containing: is removed or dies, the Administrative (i) the date and number of the payment; Committee can nominate a new Trustee or (ii) the amount paid; Trustees. A special meeting of the majority of the Administrative Committee will be held to (iii) the name and number of the account to take the decision. which the amount was paid and relevant BSB number; (d) Under Section 6(4) of the 1925 Trustee Act the Chair of the Administrative Committee (iv) details clearly identifying the name of the meeting has to nominate the new Trustee person on whose behalf the payment was or Trustees. The Chair appoints by deed the made and the matter reference; new Trustee or Trustees. The 1925 Trustee Act 61 RULES 2017

applies to these appointments. signatures of the members authorised to run the account. (e) Any fact made by a Trustee in a deed of appointment will be taken to be the truth. In K.13 When money is to be withdrawn from a bank the event of it not being so the Party is not account it should be done as follows: liable. (a) The name of the Party Unit must be clearly K.7 All money must be banked or invested in the written on the cheque. name of the Australian Labor Party and the (b) Cheques must be signed by any two Branch Party Unit in question. Ofcials acting as trustee of the funds, but K.8 Only the President, Vice-Presidents, Secretary, one of them must be Treasurer or Secretary- Assistant Secretary, Treasurer or Secretary- Treasurer. Authority forms and specimen Treasurer can: signatures (examples of the person’s signature) must be given to the bank. This is n open a bank account; necessary when a number of people can sign n make a bank deposit; and cheques.

n buy any securities (investments). (c) After annual Party Unit elections the people who can sign cheques or documents may K.9 Money is not to be deposited in the private change. The new specimen signatures must be bank accounts of ofcials or members. sent to the bank or institution where money is K.10 When Party money is not being used it must deposited or invested. be banked or invested as follows: The Party Rules insist that Rules K.13(a), (b) (a) Deposited on any condition with financial and (c) are strictly followed. institutions or trusts recommended by the K.14 Finance and Compliance Committee and approved by the Administrative Committee. (a) All Party Unit books and vouchers (these are the documents which explain how money was (b) Invested in securities or loans issued by the spent) must be audited each year. (An audit Australian or NSW Governments and semi- is an ofcial check of statements of accounts government authorities which are guaranteed made by a person or persons appointed by by the Australian or NSW Governments. the Party Unit to do so). The auditors must Examples of semi-government authorities are make a report to a meeting of their Party Unit Australia Post, Elcom and Telstra. and a copy of the report must be sent to the K.11 Money can only be withdrawn from a bank NSW Branch Ofce. account or an investment after a Party Unit (b) The financial year for the books of Party Units has passed a resolution deciding to do so. runs to 30 June. The books are to be made up Resolutions to spend funds must be either: to that date. (a) moved by a member of the Branch Executive; (c) By 31 July each year all Party Units must send or the Administrative Committee a copy of the (b) Where a Branch or Electorate Council has an audited balance sheet and a statement of account with a financial institution or trust income and expenditure for the previous year that is not approved by the Administrative which ended on 30 June. This information Committee, that Branch will be given thirty will be used by the NSW Branch to prepare a days to transfer all funds to an account with consolidated Annual Return for the Australian an approved financial institution or trust. Electoral Commission and the Party’s annual Failure to bank or invest with an approved income taxation return. financial institution or trust may result in the K.15 Secretaries of Party Units are responsible Administrative Committee suspending the for keeping Party records safe. All books, charter of the Branch or Electorate Council. documents, letters, reports and records of (c) moved on notice in accordance with the any kind, whether they are written, audio or Standing Orders in Schedule I. visual, belong to the NSW Branch. Secretaries K.12 When a bank account has been opened the of Party Units must keep all records in a safe Secretary must inform the General Secretary. place and make sure they remain in good The Secretary must also provide the General condition. Secretaries must not get rid of Secretary with the names, titles and specimen records. When a new member becomes

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Secretary all records must be handed over to objective set out in Section A and no portion him/her. A Party Unit can decide to place its shall be distributed directly or indirectly to old records (those not currently in use) in the the members of the Party except as bona archives section of the State Library of New fide compensation for services rendered South Wales. If a Party Unit decides to do or expenses incurred on behalf of the this it must inform the General Secretary and organisation. send the records to the NSW Branch ofce. A central register is kept of such records in Dissolution Clause the NSW Branch ofce. A report will be given to the Administrative Committee and, if they K.19 In the event of the Party being dissolved, the agree, the records will be sent to the State amount that remains after such dissolution Library. and the satisfaction of all debts and liabilities shall be transferred to another organisation K.16 with purposes similar to those in the Party (a) Only Party Units have the authority to use objective set out in Section A, which is the name of the Australian Labor Party when not carried on for the profit or gain of its entering into financial commitments. These individual members. financial commitments should be recorded in a resolution of the Party Unit concerned. Clause (b) below is an exception to this Rule. (b) When expenditure or budgets have been decided on by Party Unit Campaign Committees, the expenditure or budgets should be approved by that Party Unit or its executive within two weeks. (c) The General Secretary, or someone named by the General Secretary, can spend money in the name of the Australian Labor Party (New South Wales Branch). (d) A person shown to have spent money in the name of the Australian Labor Party (New South Wales Branch) without the authority (permission) described in this clause, can be suspended or expelled from the Party at a meeting of the Administrative Committee. The person accused of unauthorised spending must have fourteen days’ notice in writing of this meeting, and be told exactly what the charge or charges are. Such members can appeal to the Review Tribunal. Any member suspended in this way will not have the right to take part in Branch activities during the time he/she is suspended. (e) Rule A.33(g) will apply to members suspended under this Rule. K.17. Party Units and campaigns must obtain the approval of the General Secretary for any rafes, guessing competitions or similar fundraising ventures ofering a prize, the value of which is greater than $1000.

Not-for-proﬁt Clause K.18. The assets and income of the Party shall be applied solely in furtherance of the Party

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SECTION L

Party Journal L.1 There shall be a Party journal called the “Political Briefing” which shall be the ofcial journal of the Party. L.2 The “Political Briefing” shall be issued at least once in the period between each meeting of the Administrative Committee. L.3 The “Political Briefing” will be posted to each Party unit and shall be emailed to each member for whom the Party has a valid email address. L.4 The “Political Briefing” will contain matters considered relevant by the Administrative Committee, including notices of meetings of Annual Conference and Regional Assemblies and other matters required to be notified in the Party journal by these rules. L.5 The General Secretary shall set a closing date for Party units to submit items for inclusion in the Party journal. This can be a regular date. The General Secretary shall advise Party units of when items need to be submitted for inclusion in the next edition of the Party journal.

Home Page / Website L.6 (a) The NSW Branch is the only Party entity to have the right to establish an ofcial home page, website or blog representing the Party. (b) Other Party Units or groups of members may establish a home page, website or blog but this shall not purport to represent the NSW Branch of the Party. (c) Other Party Units or groups of members may establish websites, home pages, Facebook groups, blogs or other such similar social media sites on the following conditions: (i) That they are authorised by an individual or incorporated organisation; and (ii) That they display the following disclaimer: This site and the content contained herein does not represent the views policies or opinions of the Australian Labor Party (NSW Branch).

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SECTION M and Secretary of the same committee: (i) Women’s Forum Party Elections (ii) Country Labor Committee RETURNING OFFICERS (iii) Policy Committees M.1 (b) A person may not be an alternate delegate to (a) The Annual Conference will elect a General Annual Conference under this Rule if they hold Returning Ofcer. ofce as a delegate or alternate delegate to Annual Conference from another Party Unit. (b) The Annual Conference will elect sixteen Assistant General Returning Ofcers to: SECRET BALLOTS (i) Assist the General Returning Ofcer; and M.5 (ii) Undertake other duties as directed by (a) Where practicable elections should take place the Administrative Committee or General in a polling room or part of a room set aside Secretary. for this. Where practicable the polling room should have separate voting compartments so (c) The term of ofce for the General Returning that voters cannot be watched while they are Ofcer and Assistant General Returning marking their ballot papers. Ofcers will be four (4) years. (b) A candidate cannot take part in the running M.2 The powers and duties of the General of an election in any way, and nobody will be Returning Ofcer are: allowed to come into or stay in the polling (i) To conduct all elections at Annual room during the polling except with the Conference (where the retiring General returning ofcer’s permission. The exceptions Returning Ofcer is again standing for to this are the General Returning Ofcer, the the ofce of General Returning Ofcer Assistant General Returning Ofcers and then the count and the declaration for members voting or about to vote. that position will be undertaken by an (c) Voters cannot leave the polling room or the Assistant General Returning Ofcer part of the room set aside for polling during appointed by the General Secretary). the time between receiving and depositing (ii) To give general advice to Party Units on their ballot papers. how to run elections. VOTING SYSTEMS (iii) To report to Annual Conference on M.6 matters which relate to how elections are run. (a) Elections at Annual Conference and NSW Young Labor Annual Conference, Elections for (iv) To organise other ballots decided on by the Leader of the NSW Parliamentary Party, the Administrative Committee. and direct elections under Rule M.9, must take (v) To attend meetings of the Rules place in accordance with Schedule G. Committee with the same right as a (b) All other elections, including (without committee member, but he/she cannot limiting the generality of the foregoing) vote. those at Branches, Electorate Councils, Local ALTERNATES Government Committees, Young Labor Associations, Regional Assemblies, selection M.3 Alternates will be elected when nominations ballots (other than at Annual Conference) and are called for the following positions: Administrative Committee ballots must take (i) Membership delegates to Annual place in accordance with Schedule H. Conference; and INDIGENOUS REPRESENTATION (ii) Union delegates to Annual Conference. M.7 M.4 (a) The Administrative Committee is responsible (a) The ordinary members of the following for ensuring that members of Aboriginal or committees are the alternate delegates to Torres Strait Islander descent are preselected Annual Conference for the Chair, Deputy Chair for at least 5% of all positions at a General Election for both State and Federal

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Parliament. person speciﬁed in Rule M.8(b). RETURNING OFFICER DELEGATION (g) The Returning Ofcer will provide candidates with a list of eligible voters not less than seven M.8 days before voting opens. (a) The Returning Ofcer of a Party-Unit may (h) Voting will remain open for no less than three delegate to his/her Deputy Returning Ofcer weeks. any of the functions conferred or imposed on the Returning Ofcer by or under these Rules (i) A candidates’ forum may be held consistent (other than this power of delegation). with the provisions relating to Public Ofce Selection Forums in Section N. (b) The General Returning Ofcer may delegate any of the functions conferred or imposed (j) The Returning Ofcer will arrange for the on the General Returning Ofcer by or ballot papers to be counted in the presence under these Rules (other than this power of of scrutineers appointed by the candidates, if delegation) to: there are any. (i) one or more of the Assistant General (k) The Administrative Committee may determine Returning Ofcers; or any other matters required for conducting a ballot. (ii) a Deputy Returning Ofcer for a selection ballot (l) The Returning Ofcer will inform the General Secretary of the result of the ballot. M.9 (a) Where the Rules expressly provide, an Electorate Council may decide to elect positions pursuant to the provisions of this Rule. (b) Except as provided for in this Rule, the provisions of Section G governing elections in Electorate Councils shall apply to elections under this Rule. (c) A person is eligible to vote in a ballot under this Rule if they: (i) Live in the electorate; and (ii) Have one year of continuous ﬁnancial membership immediately prior to the date of calling for nominations. (d) (i) For the election of delegates from a Federal Electorate Council to the National Conference, nominations will open at a time and date determined by the Administrative Committee; and (ii) For all other elections conducted under this rule, nominations will open no later than fourteen days after the AGM of the electorate council, or as decided otherwise by the Administrative Committee. (e) Nominations will close no sooner than seven days after they opened. (f) Where a ballot is required, it will be conducted by the General Returning Ofcer or a person to whom they delegate the responsibility. The person to whom they delegate need not be a

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SECTION N LEGISLATIVE COUNCIL N.3 Endorsements and Selections for Public (a) The Administrative Committee will call for Ofce nominations to the Legislative Council at least N.1 six months before the election date of each new panel of twenty one members. (a) The Administrative Committee is responsible for arranging the selection of candidates, (b) After endorsement Annual Conference will including Country Labor candidates, select the candidates using Schedule G. throughout New South Wales for the House of (c) Legislative Council candidates for positions Representatives, the Legislative Assembly and considered by the Administrative Committee Local Government. to be unwinnable may be appointed by the (b) Nominations will be called at least one Administrative Committee subsequent to the year before a General Election is expected, selection referred to in (b) above. unless there are exceptional circumstances CASUAL VACANCIES that justify acting otherwise. If necessary, for example, if there is a redistribution of N.4 electorates, nominations can be reopened and (a) Under certain circumstances the the Administrative Committee shall call for Administrative Committee can organise fresh nominations. selection ballots. These circumstances include:

(c) Nominations for public ofce can be called n by-elections; over diferent periods if the Administrative Committee agrees that it is in the Party’s best n when the call for nominations has failed; interest. and (d) An eligible member can nominate for n when the candidates are not approved. more than one electorate in Lower House (b) At the request of the local Party Unit, selection ballots as long as the Administrative the Administrative Committee can select Committee agrees. a candidate if there is no time to hold a (e) Endorsements and Selections for public ofce selection ballot. The Administrative Committee must be made in accordance with the party’s can make a selection if the local Party Units do Afrmative Action minimum percentages, as not act. outlined in Section O. SELECTION PROCEDURES SENATE N.5 All selections remain in force, subject to the N.2 Rules, until the election for which the selection was made. (a) The ﬁrst three Senate candidates will be selected by Annual Conference following N.6 If a general election for Federal or State Schedule G (at the end of this book). Parliament occurs within twelve months of the previous election, the sitting Member (b) Senate Candidates for additional positions of Parliament will be the candidate. In this may be appointed by the Administrative case, candidates must be re-endorsed by the Committee subsequent to the selection Administrative Committee. referred to in (a) above. CALLING OF NOMINATIONS (c) When a double dissolution is announced, any previous Senate ballot order for an N.7 upcoming federal election becomes void. The (a) There are two ways to call for nominations. Administrative Committee will determine the Either an advertisement must be placed in a new Senate ballot order under the principles local newspaper or a circular sent to members. of proportional representation. In both cases there must be:

Note: A double dissolution means when both n at least seven days notice of the date that Houses of the Australian Parliament are nominations close; and dissolved and elections are called. n a clear statement of when, where and at what time nominations will be received.

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(b) These advertisements or circulars must also (i) Not be a real estate agent; and state that nominations will be accepted by the (j) Never have engaged in corrupt conduct. General Returning Ofcer at the NSW Branch Ofce. EXCEPTIONS (c) Immediately after nominations close, N.10 all nominations will be given to the (a) Despite Rule N.9(a), a person must have been Administrative Committee for their a financial Party member for at least five years endorsement or otherwise. prior to the opening of nominations to be N.8 Members whose nominations are received eligible for selection and endorsement as a at the NSW Branch Ofce will be given a candidate for public ofce if they have been receipt. This receipt is a detachable part of the readmitted to the Party after being expelled nomination form. for: (i) Opposing a Labor candidate; or Candidates for Selection (ii) Not voting for a Labor candidate; or ELIGIBILITY (iii) Not voting in line with a caucus decision. N.9 To be eligible for selection and endorsement as a candidate for public ofce, a person must: (b) The Administrative Committee may waive the requirements under Rules N.9(a), N.9(b), (a) Have one year of continuous financial Party N.10(a) and N.11(b) if they consider that membership immediately prior to the date of allowing the person to contest the selection calling for nominations; ballot would be a significant benefit for the (b) Be a financial member of a trade union, if Party. eligible; (c) In a local government selection ballot, the (c) Be nominated in writing by five people, each Administrative Committee may decide of whom: that a nominator need only live in the local government area for which the nominee is (i) Has one year of continuous financial Party nominating for the purposes of Rule N.9(c)(ii) membership immediately prior to the date if there are less than ten people who would of calling for nominations; and otherwise satisfy Rule N.9(c). (ii) Lives in the electorate or ward for which (d) The Administrative Committee may waive the the nominee is nominating. requirement to pay a nomination fee under (d) Sign declarations stating that they accept the: Rule N.9(f) if they consider that doing so would be in the best interests of the Party. (i) Nomination; PROOF OF ELIGIBILITY (ii) Public Ofce Candidates’ Pledge in Schedule D2; and N.11 (iii) Pledge on Campaign Funds in Schedule (a) Except as provided in this Rule, it is the D3 General Returning Ofcer’s responsibility to determine whether a person is eligible for (e) Submit their nomination, addressed to the selection and endorsement as a candidate for Returning Ofcer, on the ofcial form in public ofce in accordance with Rules N.9 and Schedule C, at the place specified by the N.10. Administrative Committee, before the close of nominations. Nominations may be received (b) A nominee must before the close of by email to the email address specified in the nominations: preselection timetable; (i) Provide proof that they satisfy Rule (f) Pay the nomination fee before the close of N.9(b); or nominations; (ii) Sign a declaration stating that they are (g) Be eligible to nominate as a candidate under not eligible to be a member of a trade the relevant electoral laws; union, and the grounds on which they are not eligible. (h) Not be a property developer or a close associate of a property developer; (c) Nominee eligibility under relevant electoral laws

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(i) A nominee must provide proof that they Committee. satisfy Rule N.9(g) before the close of CANDIDATE REVIEW COMMITTEE nominations. N.13 (ii) The Administrative Committee may establish the form of proof required to (a) The Candidate Review Committee considers satisfy Rule N.9(g). the suitability of nominees for public ofce referred to it by the Administrative Committee (d) The onus is on the nominee to demonstrate or the Party Ofcers. that they satisfy Rules N.9(b) and N.9(g) in accordance with this Rule. (b) The Candidate Review Committee has four members elected by a two-thirds majority of (e) The onus is on the nominee to provide the the Administrative Committee according to documentation and pay the fee required the principles of proportional representation. under Rules N.9(d), (e) and (f). (c) Quorum for a meeting of the Candidate CANDIDATE DISCLOSURE Review Committee is two members. N.12 (d) A member of the Candidate Review (a) Statement of intent Committee must be a person who: (i) A nominee for public ofce must submit (i) Has represented the Party in public ofce; a statement as to why they want to (ii) Is retired from public ofce; and represent the Party. (iii) Is of good fame and character. (ii) All statements submitted under subsection (i) must be disclosed to the (e) Despite any other provision of these Rules, a Administrative Committee, the Candidate member of the Candidate Review Committee Review Committee, selection voters and is not eligible for selection and endorsement between Review Committee and selection as a candidate for public ofce. voters. WITHDRAWAL OF CANDIDATURE (b) References N.14 (i) A nominee for public ofce must submit (a) The Candidate Review Committee may two written character references. recommend that the Administrative (ii) All references submitted under subsection Committee withdraw a nominee for public (i) must be disclosed to the Administrative ofce from a selection ballot, refuse Committee, the Candidate Review endorsement to a nominee for public ofce, or Committee and selection voters. withdraw endorsement from a candidate for public ofce if it considers that: (c) Matters of integrity (i) The nominee or candidate would bring (i) A nominee for public ofce who is not the Party into disrepute; or currently a Member of Parliament must disclose matters relating to their integrity. (ii) The nominee or candidate is not a ﬁt and proper person for public ofce; or (ii) The Administrative Committee may determine what matters relate to integrity (iii) The nominee or candidate’s past for the purposes of subsection (i). behaviour makes them unworthy of conﬁdence. (iii) A nominee for public ofce must be aforded the opportunity to explain the (b) A decision by the Candidate Review circumstances surrounding any disclosure Committee under subsection (a) must be under subsection (i). passed unanimously. (iv) All references submitted under subsection (c) If the Candidate Review Committee makes a (i) must be disclosed to the Administrative recommendation under subsection (a), the Committee and the Candidate Review Administrative Committee may withdraw the Committee. nominee for public ofce from the selection ballot, refuse endorsement to the nominee for (d) Disclosures by nominees for public ofce public ofce, or withdraw endorsement from under this Rule are to be made in the form the candidate for public ofce if it considers and manner determined by the Administrative that:

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(i) The nominee or candidate would bring (b) Such candidates, and Party members who the Party into disrepute; or support them, can canvass for further support. (ii) The nominee or candidate is not a fit and (c) However, candidates are not allowed to proper person for public ofce; or employ, directly or indirectly, agents to campaign on their behalf, nor can they, or (iii) The nominee or candidate’s past their supporters, make personal comments behaviour makes them unworthy of about other candidates. Failure to comply confidence. with the provisions of this Rule may result in a (d) A decision by the Administrative Committee candidate being excluded from contesting the under subsection (c) must be passed by a preselection. three-quarters majority. SELECTION VOTERS N.15 The Administrative Committee can withdraw (ELIGIBILITY TO VOTE IN SELECTION BALLOTS) any candidates from a pre-selection, can N.19 refuse their endorsement or withdraw their endorsement if they consider: (a) In order to vote in a local selection ballot a Branch member must: (a) he/she is not fit for the position; or (i) Live in the electorate; (b) the member’s past career makes them unworthy of confidence. (ii) Be correctly enrolled with the Australian Electoral Commission to vote in a federal N.16 After a candidate is endorsed by the election. The member’s address for the Administrative Committee, he/she cannot purposes of preselection will be their withdraw unless it is found that he/she is not enrolled address. qualified according to the Party Rules or it is agreed by the Administrative Committee. (iii) If a member challenges the right of another member to vote in the ballot N.17 A candidate cannot take any ofcial part (see Rule A.38) he/she must produce firm in the selection process other than voting. evidence that the member does not live at Breaking this Rule may mean disqualification. the address claimed.

Selection Ballots and Candidate Forums (iv) Any information produced for the Internal Appeals Tribunal must be N.18 publicly available. Anecdotes will only (a) be accepted if they are in the form of a statutory declaration. The member being (i) In a contested selection ballot for public challenged can produce any evidence to ofce all afected Branches which meet support his/her claim that he/ she lives in between the close of nominations and the the electorate. day of the selection ballot must hold a candidates forum at their meeting. (b) If a member has paid the wrong Party membership fee, given his/her union (ii) The candidates forum must, as far as membership, then he/she will be given five practicable, be the first item of business working days from the date of credentialing to after the nomination and acceptance of join the union or pay outstanding dues. new members. (c) In order to vote in a local selection ballot: (iii) All candidates must be invited to address the forum, may be asked to (i) a member must have been a member of answer questions and must be given a branch for not less than two years prior approximately equal time. to the date of calling for nominations, the branch attendance book must show that (iv) Outside of the ofcial Branch candidates the member has attended four meetings forums, persons who have declared in this period and have continuous themselves to be candidates (whether financial membership for the same period; nominations have closed or not) for a or public ofce selection ballot may address Branch or Union meetings, provided (ii) a member must have been a member of that all candidates are given the same a branch for a period not less than four opportunity. years prior to the calling of nominations,

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the branch attendance book must for nominations, is eligible provided that show that the member has attended they attended the Branch and signed four meetings in this period and have the attendance book, and it is noted in continuous financial membership for the the Branch Minute Book that the Branch same period; and admitted that member; then they shall be placed on the list of eligible voters. (iii) a member must satisfy the requirements of Rule I.8(a). (iii) Where all the criteria described above have been complied with but the Branch (iv) In the event that the member has has failed to record the admission of a transferred from an interstate branch new member in the minutes, then they during the two year period required will be eligible. This provision does not under (i) or the four year period required apply to the Central Policy Branch. under (ii), if the requisite attendance requirements under (i),(ii) and (iii) are (e) A member cannot be left of the Ofcial met, then the period of Party membership Voting List because of problems with his/her can be accepted rather than the period of Party membership which are: requisite local Branch membership. (i) in the case of the two-year Rule, more (v) Where a branch has become defunct than three years old, under Rule I.3 during the last complete (ii) in the case of the four-year Rule, more Membership Year or the current than five years old, except that he/she Membership Year, a member of that must meet the requirements of (a) to (d) branch does not fail to satisfy subsection above. (i) or (ii) only by reason that they are no longer a member of a branch. (f) Life members and members with ten years of continuous financial membership (vi) Where a branch has become defunct immediately prior to the date of calling for under Rule I.2 during the last complete nominations are automatically entitled to Membership Year, attendance at a branch vote in local selection ballots in the electorate meeting prior to the branch’s failure to in which they live. meet for three months may be counted for the purposes of subsection (iii). (g) Provided he/she meets the requirements of this Rule and Rule I.9, a Branch member (d) In order to vote in a local selecton ballot a transferred to another electorate on branch member must also have joined the clearance will be allowed to vote in the Branch according to the Rules. selection ballot. This will include cases where (i) In establishing that a member was the transferee has applied for but has not admitted to membership of the Branch yet been admitted to membership of the according to the Rules, in the case of a new branch at the time of the calling of member relying on the two year Rule nominations. [Rule N.19(c)(i)], it will be sufcient (h) to establish that, any member who commenced to be a Branch member in (i) Central Policy Branch members will be the three years prior to the date of calling eligible to vote in a local selection ballot for nominations, is eligible provided that in the State and Federal Electorates and they attended the Branch and signed Local Government Areas in which they the attendance book and it is noted in reside. This paragraph has been inserted the Branch Minute Book that the Branch for the avoidance of doubt. admitted that member; then they shall be (ii) In relation to the Central Policy placed on the list of eligible voters. Branch, a record of the decision of the (ii) In establishing that a member was Administrative Committee to admit a admitted to membership of the Branch member to the Central Policy Branch according to the Rules, in the case of a must be used in lieu of a reference to a member relying on the four year Rule minute book in this Rule. [Rule N.19(c)(ii)], it will be sufcient (iii) Central Policy Branch members will not to establish that, any member who be entitled to vote in local selection commenced to be a Branch member in ballots held under Rule N.42. the five years prior to the date of calling

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Returning Ofcer in relation to the ballot box for his/her branch; and N.20 Notwithstanding Rule N.41, a person who is not enrolled with the Australian Electoral (c) in all other circumstances – the Deputy Commission to vote in a federal election is Returning Ofcer. unable to vote in a joint selection ballot (ie. a The Presiding Ofcer is (subject to any ballot under the aforementioned Rules). The direction of the Returning Ofcer or Deputy member’s address for the purposes of the Returning Ofcer) responsible for the preselection will be their enrolling address. supervision and conduct of the selection N.21 ballot at the polling place concerned. (a) The Secretary of each Branch should prepare N.25 The Administrative Committee can instruct the a list of members who the Secretary believes General Returning Ofcer to take complete are able to vote and this should be presented, charge and organise any selection ballot in together with all of the necessary branch any electorate. records, to the Returning Ofcer at the N.26 The General Returning Ofcer will send credentialling. each Deputy Returning Ofcer the correct (b) The time, date and place of the credentialling number of ballot papers for their electorate. is determined by the Administrative The Deputy Returning Ofcer then gives Committee. the correct number of ballot papers to the Presiding Ofcer. The number of ballot (c) The Administrative Committee may papers will be the same as the number of set a diferent time, date and place for members who can ofcially vote plus 10% or credentialing for the Central Policy Branch, four (whichever is the greater number). The and the credentailling for more than one Presiding Ofcer will also be given written selection ballot may be combined in a single instructions about returning the used and credentialing, so long as calling of nominations unused papers in separate and sealed packets, for each ballot occurred at the same time. along with the ofcial voting list. The list must N.22 It is the function of the Returning Ofcer to be signed by all members who have been prepare a list of members who can vote as a given ballot papers. consequence of the credentialling. This must N.27 The Party Unit organising the selection ballot be done on the ofcial voting sheets supplied can decide to have a central polling place and by the NSW Branch Ofce. The Secretary the time of the polling. But polling must be of each Branch must assist and co-operate for at least four consecutive hours, unless the with the Returning Ofcer in this process. Administrative Committee agrees otherwise. Candidates may appoint scrutineers (by letter addressed to the Returning Ofcer) who can N.28 be present throughout the credentialling. (a) Subject to Rule N.27, the time and place of The Returning Ofcer may set a uniform limit Branch ballots are decided by the Branch but on the number of scrutineers each candidate polling must be for at least four consecutive may appoint. Each candidate may obtain a hours, unless the Administrative Committee copy of the list from the Returning Ofcer agrees otherwise. Also, a Branch ballot cannot once the credentialling has been completed. start before or ﬁnish after the hours of voting decided by the Party Unit controlling the POLLING PROCEDURES ballot in the electorate. N.23 The General Secretary will appoint a Returning (b) Branch members must be told seven days in Ofcer for selection ballots. He/she may be advance by circular of the date, time and place assisted by a representative of the Electorate of the ballot. Council Executive. (c) Prepoll voting for State and Federal lower N.24 The Presiding Ofcer at a polling place for a house seats will be available for two hour selection ballot is: periods each day at the ALP Ofce for the (a) where there is no central polling place – the ﬁrst three days in the week preceding the Branch Returning Ofcer; ballot. The times and dates will be determined by the Administrative Committee when setting (b) where there is a central polling place and there the preselection timetables. are separate Branch ballot boxes – the Branch

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(d) Eligible Central Policy Branch members can (b) The Deputy Returning Ofcer must give either cast their vote by pre-poll voting or scrutineers reasonable notice of the time at a local polling place determined by the when the votes are to be counted. Under no Returning Ofcer and advised in writing to the circumstances can the Returning Ofcer break Central Policy Branch voter. or interfere with the seals on the ballot boxes prior to the appointed time unless scrutineers N.29 Where practicable, the ballot and the counting for all candidates in the ballot are present. of votes must take place in the presence of a representative or representatives of the (c) After reconciling the number of ballot papers local Party Unit. Each candidate can appoint for each branch, the ballot papers will be one scrutineer (by letter addressed to the combined and counted in one lot, except as Returning Ofcer) who can be present provided in Rule N.42(c). throughout. APPEALS The result of the ballot must be sent to the N.39 Administrative Committee. The Administrative Committee can decide to appoint a person to (a) If it is shown that the Rules for a selection supervise the ballot. ballot have been broken, the Administrative Committee can: N.30 A candidate’s scrutineer must be a member of the Party and have the candidate’s n suspend the ofender from the Party for authorisation in writing. any length of time;

N.31 Before polling begins the Presiding Ofcer n withdraw the candidate’s name from the must show those present that the ballot box is poll; empty. The ballot box is then sealed. n order a new ballot; N.32 The ballot box, or boxes, must not be moved during the ballot. n refuse to endorse the selected candidate; N.33 Members can vote only once. They must vote n take any steps to ensure that the Rules are during the agreed voting hours and at their followed correctly. Branch polling venue. Before a ballot paper can be given to a member he/she must give (b) The Administrative Committee can insist that his/her address and sign the ofcial voting list. any evidence about a disputed selection ballot be supported by a statutory declaration. N.34 The Presiding Ofcer must check that each member signs the ofcial voting list correctly. N.40 A member of the Internal Appeals Tribunal If there is any doubt the signature should cannot hold an ofcial position in connection be compared to the voter’s signature in the with a selection ballot. Branch Attendance Book. SUSPENSION OF SELECTION BALLOTS N.35 The Branch Secretary must provide the Branch N.41 Attendance Book to the Presiding Ofcer. (a) The Administrative Committee may, N.36 The name of each member who votes must in consultation with the Parliamentary be marked of the ofcial voting list in a clear Leadership and the local Electorate Council, way. conduct a selection for public ofce pursuant N.37 Scrutineers, the Returning Ofcer, or Deputy to the provisions of this Rule: Returning Ofcer or Presiding Ofcer can (i) In the case of a State by-election, unless challenge any vote. If there is a challenge, that determined otherwise by the Joint vote must be put in a sealed envelope and Campaign Committee; or the reason for the challenge written on the outside. (ii) In the case of any other by-election; or (iii) In exceptional circumstances. N.38 (iv) In order to meet the Afrmative Action requirements set out in Section O. (a) If there is more than one polling place, the ballot boxes must be sealed and taken to (b) Where the Administrative Committee decides the central polling place to be counted after to conduct a selection for public ofce under voting ends. this Rule, the candidate will be selected by a

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Committee made up of equal numbers from actual membership resident in the designated the Administrative Committee and the Local area exceeds a cap, it is deemed only to have Electorate Council. The Committee’s candidate membership in the designated area equal will become the endorsed Labor candidate. to the cap when working out the number of delegates a branch may elect to a local SELECTION BALLOTS IN FOWLER Electorate Council. N.42 (f) This Rule only applies until the Administrative (a) In this Rule “the designated area” is the Committee determines it is no longer Federal electorate of Fowler as it existed in necessary. 1998. N.43 In this section, in relation to a selection (b) ballot for a local government public ofce a reference to an “Electorate Council” is (i) The Administrative Committee may cap a reference to the “Local Government (on a branch basis) the value of the votes Committee”. cast by residents of the designated area in a selection ballot. COMMUNITY SELECTION BALLOTS (ii) When this occurs, a cap must be set for N.44 each branch participating in the given (a) The Administrative Committee may, in selection ballot. The Administrative consultation with an Electorate Council or Committee (having regard to the Local Government Committee, conduct a historical participation in the branch) sets selection for public ofce by a community each branch’s cap. selection ballot pursuant to the provisions of (c) this Rule. (i) Where the number of voters resident in (b) Subject to subsections (c) and (d), any the designated area appearing on the Australian citizen on the electoral roll in the voting list for a branch exceeds its cap, electorate for which a candidate is being there must be a separate ballot box selected is eligible to vote in a community specific to those voters in that branch. selection ballot. (ii) The ballot papers for those voters must (c) The following people are not eligible to vote in not be combined with other ballot papers a community selection ballot: during the count until their value has been (i) A person who is a member of another adjusted as provided below. political party or one of its afliated (d) organisations (Country Labor does not constitute another political party for the (i) Where the number of formal votes cast purposes of this subsection); or by the voters resident in the designated area referred to in (c) above exceeds the (ii) A person who has been expelled from the cap, the Returning Ofcer must adjust the Party and has not been readmitted as a value of each of the formal votes, so the member. total formal vote cast by those voters in (d) In order to be included on the list of voters for that branch equals the relevant cap. a community selection ballot, any person who (ii) The adjustment referred to above must is not a financial Party member must first sign occur prior to the elimination of any a declaration stating that they: candidate and prior to the application of (i) Are a Labor supporter; the afrmative action weighting required by Rule O.2. (ii) Will assist the Labor candidate selected in the ballot for which they are registering as (iii) No adjustment is required under this a voter; and Rule to votes cast by residents in the designated area in a given branch if the (iii) Are not a member of another political number of formal votes they cast in that party or one of its afliated organisations branch is equal to or less than the relevant (Country Labor does not constitute cap. another political party for the purposes of this subsection). (e) Despite the provisions of Rule G.1, if a branch’s

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(e) Voting in a community selection ballot must per Rule N.27, or decide to have no more close at least three months before Election than one polling place per ward. The Public Day for the election for which a candidate is Ofce Selection Forum must take place being selected. at that polling place on the same day that voting takes place, unless the Administrative (f) Subject to subsections (b) to (e), the Committee provides otherwise. Administrative Committee may determine: (d) Candidates in the selection ballot for which (i) Procedures for calling nominations; a Public Ofce Selection Forum is being held (ii) Eligibility criteria for candidates; are entitled to address the Forum, with the speaking order to be settled by lot. (iii) Rules and donation and expenditure limits for campaigning; (e) The Presiding Ofcer will then divide the attendees into small groups and organise for (iv) Eligibility criteria for voters; the candidates to have an equal amount of (v) Procedures for voter registration; time with each group for discussion. (vi) Procedures for credentialling voters; (f) Any person who is eligible to vote in the (vii) Procedures for handling disputes; selection ballot for which a Public Ofce Selection Forum is being held is eligible to (viii) The weighting of votes between attend and participate in the Forum. ﬁnancial Party members and other voters; (g) All ﬁnancial Party members who live in the (ix) How voting will take place; and electorate for which a candidate is being (x) Any other matters required for selected are eligible to attend and participate conducting a ballot. in the Public Ofce Selection Forum, whether or not they are eligible to vote. (g) Decisions made by the Administrative Committee under subsection (f) need not be consistent with provisions in section N of the Rules, other than the provisions of this Rule. (h) The principles of Afrmative Action, as outlined in Section O, shall be applied to all components of a community selection ballot. (i) The Administrative Committee will report to the NSW Annual Conference on each selection for public ofce that is conducted by a community selection ballot. PUBLIC OFFICE SELECTION FORUMS N.45 (a) An Electorate Council or Local Government Committee must hold a Public Ofce Selection Forum pursuant to the provisions of this Rule before voting opens for a selection for public ofce, unless the Administrative Committee provides otherwise. (b) An Electorate Council holding a Public Ofce Selection Forum must decide to have a central polling place, as per Rule N.27. The Public Ofce Selection Forum must take place at that central polling place on the same day that voting takes place, unless the Administrative Committee provides otherwise. (c) A Local Government Committee holding a Public Ofce Selection Forum must either decide to have a central polling place, as

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SECTION O 49.99% at the last election. (iii) The Administrative Committee must Afrmative Action declare the winnable seats for each PRINCIPLES OF AFFIRMATIVE ACTION preselection before nominations for preselection open. O.1 (iv) All other seats to be preselected. (a) The ALP is committed to men and women in the Party working in equal partnership. It is (c) Upper and lower house seats shall be grouped our objective to have at least 50 per cent of together for the purpose of subsection (b). Party organisation and public ofce positions (d) For casual vacancies in the Senate and held by women. To achieve this, the party the House of Representatives, if less than adopts the afrmative action model in this the minimum percentage of the remaining rule. positions are held by women, the vacancy (b) In this section, “minimum percentage” means must be filled by a woman. 40%. From 2022, it means 45%; and from (e) For casual vacancies in the Legislative 2025 it means 50%. Council and the Legislative Assembly, if (c) For all party and ofce bearer positions less than the minimum percentage of the (other than public ofce preselections and remaining positions are held by women, the party employees), appointed or elected on vacancy must be filled by a woman. a statewide basis, where 3 or more positions (f) If at the close of nominations for a are to be elected or appointed, at least the preselection for a group of seats or positions minimum percentage of the positions must be the requirements of paragraphs (a) - (e) filled by women. cannot be met, nominations for that group of (d) In calculating the minimum percentage for seats or positions must be reopened. the purposes of this section, a fraction of one (g) If after a ballot for a preselection for a group half or more must be rounded up to the next of seats or positions the requirements of whole number, and a fraction of less than one paragraphs (a) – (e) are not met, nominations half must be rounded down to the next whole for that group of seats or positions must be number. reopened and a fresh ballot (if necessary) conducted. AFFIRMATIVE ACTION FOR STATE AND FEDERAL (h) The General Secretary must no later than 1 PUBLIC OFFICE PRESELECTIONS November each year provide a report to the Administrative Committee and to the National O.2 Executive on the progress of implementation (a) Public ofce preselections of this clause. For all public ofce preselections, at least the (i) It is the function of the Administrative minimum percentage of the candidates preselected Committee to ensure that the NSW Branch for each of the following groups of seats must be is in a position to fully comply with O.2 (a) women: above. This means that the Administrative (i) the seats currently held by the ALP, Committee may, in co-operation with local Party members, determine the outcome in (ii) the seats that would be won by the ALP any public ofce preselection progressively with a 5% increase in its two party preferred between now and the year 2023 to ensure vote since the last election (“winnable seats”), that the NSW Branch will be in full compliance and with Rule O.2(a). (iii) all other seats to be preselected. (j) Until the Administrative Committee certifies (b) For the purposes of paragraph (a), the that the NSW Branch has achieved the relevant seats shall be considered in each of minimum afrmative action target set out in the following separate groups: Section O, in any lower house selection ballot, primary votes for or preferences distributed (i) The seats currently held by the ALP. to women candidates in ballots must be (ii) The ‘winnable’ seats not held by the ALP weighted by a factor of 20% (i.e. valued at as defined by those that received a two 1.2). party preferred vote between 45% and

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AFFIRMATIVE ACTION FOR LOCAL GOVERNMENT AFFIRMATIVE ACTION FOR BRANCH POSITIONS PRESELECTIONS O.4 O.3 (a) For the election of Branch Executive positions (a) For Local Government preselections the listed in I.19(b), at least the minimum minimum percentage must be achieved percentage of the total positions must be for each council where the Party endorses filled by women as shown in O.4(d). candidates. (b) For the election of all Branch delegates (b) The Administrative Committee must elected to Electorate Councils, at least the determine the winnable positions for each minimum percentage of the position must be Local Government preselection at the time of filled by women as shown in O.4(d). calling for nominations. (c) For all Branch alternate delegates elected (c) All winnable positions in a council shall be to Electorate Councils, at least the minimum grouped together for the purposes of this percentage of the position must be filled by Rule. women as shown in O.4(d). (d) If at the close of nominations for a (d) preselection for a group of seats or positions Afrmative Action For Branch Positions the requirements of O.3(a) to O.3(c) cannot be met, nominations for that group of seats or Number of Positions 40% 45% 50% positions must be reopened. 2 1 1 1 (e) If after a ballot for a preselection for the 3 1 1 2 positions the requirements of O.3(a) to O.3(c) are not met, the Administrative Committee 4 2 2 2 may: 5 2 2 3 (i) Reorder the candidates across the local 6 2 3 3 government area (if necessary) to ensure that the minimum number of women are 7 3 3 4 in winnable positions or

(ii) Reopen nominations for that group of (e) If there are not enough women to meet the seats or positions and a fresh ballot (if minimum percentage requirements in O.4(a) necessary) conducted. to O.4(c) at the close of nominations for the (f) The Administrative Committee should consult Branch AGM, the following steps are to be with local party units in making decisions taken: under rule O.3(e). (i) The positions are to be deemed vacant to (g) For casual vacancies in a council area, if be filled by a woman from the floor at the less than the minimum percentage of the AGM. remaining positions are held by women, the (ii) If the position cannot be filled at the vacancy must be filled by a woman. AGM, then the position is to be held (h) Until the Administrative Committee certifies vacant until the next ordinary meeting. that the NSW Branch has achieved the (f) If the position cannot be filled at both the minimum afrmative action target set out AGM and the next ordinary meeting, then the in Section O at a local government level, in branch may request a dispensation from the any local government selection ballot for Administrative Committee for the position to councillors or a popularly elected mayor, be filled by any branch member. In deciding primary votes for or preferences distributed whether or not to grant a dispensation, the to women candidates in ballots must be Administrative Committee must have regard weighted by a factor of 20% (i.e. valued at to: 1.2). (i) Any reasons given by the Branch for why the position cannot be filled (ii) the Branch membership lists and

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(iii) steps that the Branch is seeking to take to recruit more women into their branch. (g) Having a vacant position by the close of the AGM will not stop a Branch from afliating to an Electorate Council.

AFFIRMATIVE ACTION FOR ELECTORATE COUNCIL POSITIONS O.5 (a) For all Electorate Council Executive positions listed in G.5(f), at least the minimum percentage of the total positions must be filled by women calculated as per Rule O.1(d) and outlined in the table at Rule O.4(d). (b) For all NSW Annual Conference Delegates and Alternate Delegates, and Country Conference Delegates and Alternate Delegates, at least the minimum percentage of positions elected together, must be filled by women calculated as per rule O.1(d) and outlined in the table at rule O.4(d). (c) If there are not enough women to meet the minimum percentage requirements in O.5(a) and O.5(b) at the close of nominations for the Electorate Council AGM, the positions are to be deemed vacant to be filled by a woman from the floor at the AGM. (d) If the position cannot be filled at the AGM, then the Electorate Council may request a dispensation from the Administrative Committee for the position to be filled by any council member. In deciding whether or not to grant a dispensation, the Administrative Committee must have regard to: (i) Any reasons given by the Electorate Council for why the position cannot be filled (ii) the Electorate Council delegate lists and (iii) steps that the Electorate Council is seeking to take to recruit more women in their area. AFFIRMATIVE ACTION FOR UNION DELEGATIONS O.6 Union delegations For all union delegations to Party conferences and forums, at least the minimum percentage of the delegates must be women, unless the proportion of women who are members of the union is less than the minimum percentage, in which case the number of delegates who are women must be at least equal to that proportion”

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SECTION P

NSW Parliamentary Party P.1 Members elected to the NSW Parliament under the auspices of the NSW Branch (ofcially representing and supported by the NSW Branch) must form a separate Parliamentary Party. P.2 In Parliament only endorsed members of the NSW ALP can join the Parliamentary Labor Party. P.3 After 28 March 2015, the Leader of the NSW Parliamentary Party, in the Legislative Assembly, will be elected 50% by a ballot of rank-and- file Labor members and 50% by the State Parliamentary Party, subject to any criteria in the NSW Parliamentary Labor Party rules. (a) For the rank-and-file ballot, the Administrative Committee may determine: (i) Rules and donation and expenditure limits for campaigning; (ii) Eligibility criteria for voters; (iii) Procedures for voter registration; (iv) Procedures for credentialling voters; (v) Procedures for handling disputes; (vi) How and when voting will take place; and (vii) Any other matters required for conducting a ballot. (b) Where a ballot is required of the rank-and-file Labor members, it will be conducted by the Party General Returning Ofcer or a person to whom they delegate responsibility. The person whom they delegate need not be a person specified in Rule M.8 (b). (c) A candidates’ forum may be held consistent with the provisions relating to Public Ofce Selection Forums in Section N. (d) The Party Returning Ofcer will arrange for the ballot papers to be counted in the presence of scrutineers appointed by the candidates, if there are any. (e) The Party Returning Ofcer will be responsible for the Party Ballot, the SPLP will appoint a Parliamentary representative as the Returning Ofcer of the State Parliamentary Party ballot, and together they will determine the overall result of the ballot.

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SECTION Q expenses include travel, accommodation and daily allowances, when these have not been Parliamentary Levy met from any other source. Q.6 The Parliamentary Levy Advisory Committee Q.1 exists as a body to decide about the Levy and (a) NSW Members of the State and Federal is made up of: Parliaments pay a levy of 4% of base salaries n two members elected by the State and 6% of salaries of ofce to the NSW Branch Parliamentary Labor Party in the of the Party. Legislative Assembly; Note: Salaries of ofce are the additional n one member elected by the State salaries Members receive for being a Minister, Parliamentary Labor Party in the a Presiding Ofcer or a Committee Chair. Legislative Council; Party Ofcers also pay a levy of 4% of base salaries. n two members elected by the NSW representatives in the Federal (b) All Local Government councillors, endorsed Parliamentary Labor Party; by the Party or granted permission by the Administrative Committee to run unendorsed, n the General Secretary and Assistant shall pay a levy on their allowances as follows: General Secretaries. (i) allowances less than $6000 pa pay no The Parliamentary Levy Advisory Committee levy; can check how funds are being used and must ensure that funds are being used fairly. (ii) allowances over $6000 pa pay a levy of All Members or groups of Members must be 3%. treated equally in the distribution of funds Q.2 These levies are deducted at source via an from the levy. authority signed by the Members. Q.3 A person’s agreement to pay this levy is a precondition before he/she is allowed to contest an election for the upper or lower houses of State or Federal Parliament or local government. Before nominating for Party selection, all candidates must agree in writing to pay the levy if they are successful. Q.4 (a) The Levy is paid into the Parliamentary Levy Campaign Account of the NSW Branch. It is used only for campaigning. The General Secretary administers the Levy following the Party Rules, but is accountable to the Administrative, Finance and Parliamentary Levy Advisory Committees of the NSW Branch. (b) The Local Government levy shall be kept in a separate account and used to assist in local government campaigns. The release of funds will be the responsibility of the General Secretary in consultation with the Assistant General Secretaries. Q.5 Members of Parliament can draw on funds in the Levy account for genuine campaign expenses, provided these are approved by the NSW Branch Party Ofcers. Members of Parliament can claim expenses when asked by Party Ofcers to work outside their electorates or home bases. Campaign

80 RULES 2017

SECTION R

Labor Advisory Council R.1 There is a Labor Advisory Council consisting of: (a) The Leader and Deputy Leader of the State Parliamentary Labor Party; (b) Senior members of the State Parliamentary Labor Party appointed by the Leader; (c) The NSW Branch President or nominee; (d) The General Secretary or nominee; (e) The other Party Ofcers; (f) Union representatives, including union representatives nominated by Unions NSW. The procedure and relative composition of the Council will be determined by the Administrative Committee. R.2 The role of the Labor Advisory Council is to provide a formal consultative mechanism between the Party and the union movement in NSW. R.3 An ofcial meeting of the Labor Advisory Council can only take place when a quorum of not less than one half the membership are present. If the quorum is not present after thirty minutes the meeting will not take place.

81 RULES 2017

SECTION S

Joint Campaign Committee S.1 The Joint Campaign Committee consists of: (i) The Leader and Deputy Leader of the State Parliamentary Labor Party in the Legislative Assembly and Legislative Council. (ii) The ofcers of the NSW Branch. (iii) Two members elected by and from the State Parliamentary Caucus. S.2 The Parliamentary Leader will chair the Committee and the General Secretary will be the secretary to the Committee. S.3 The Committee will meet regularly to develop and review electoral strategies and priorities. S.4 An ofcial meeting of the Joint Campaign Committee can only take place when a quorum of not less than one half the membership are present. If the quorum is not present after thirty minutes the meeting will not take place. S.5 The Committee will report regularly to the Administrative Committee and the State Parliamentary Labor Party.

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SECTION T n the General Secretary and Assistant General Secretaries.

Country Labor The Parliamentary Levy Advisory Committee can check how funds are being used and T.1 Country Labor has the following objectives must ensure that funds are being used fairly. and will operate in accordance with Schedule All Members or groups of Members must be K. treated equally in the distribution of funds (a) To advocate policies within the Labor from the levy. movement, which are of concern to Labor’s country constituency. (b) To support Labor’s objectives and platform and in doing so educate members of Country Labor and Trade Unions. (c) To endorse candidates for election to public ofce at a national, state and local level.

(a) The Levy is paid into the Parliamentary Levy Campaign Account of the NSW Branch. It is used only for campaigning. The General Secretary administers the Levy following the Party Rules, but is accountable to the Administrative, Finance and Parliamentary Levy Advisory Committees of the NSW Branch. (b) The Local Government levy shall be kept in a separate account and used to assist in local government campaigns. The release of funds will be the responsibility of the General Secretary in consultation with the Assistant General Secretaries. Q.5 Members of Parliament can draw on funds in the Levy account for genuine campaign expenses, provided these are approved by the NSW Branch Party Ofcers. Members of Parliament can claim expenses when asked by Party Ofcers to work outside their electorates or home bases. Campaign expenses include travel, accommodation and daily allowances, when these have not been met from any other source. Q.6 The Parliamentary Levy Advisory Committee exists as a body to decide about the Levy and is made up of:

n two members elected by the State Parliamentary Labor Party in the Legislative Assembly;

n one member elected by the State Parliamentary Labor Party in the Legislative Council;

n two members elected by the NSW representatives in the Federal Parliamentary Labor Party;

83 RULES 2017

Schedules

84 SCHEDULE A

4 STEPS TO BECOME PART OF THE LABOR STORY NSW 1. Complete all details, do not leave any sections blank. 2. Complete your political background, all questions must be answered. 3. Tick the appropriate membership fee box and note your afliated union or concession type if applicable 4. Complete the payment details and mail your signed form back to NSW Labor, PO Box K408, Haymarket, NSW 1240 or Fax to (02) 9264 2574. Or to apply online please visit membership.nswlabor.org.au

1 YOUR PERSONAL DETAILS Mr Ms Mrs Miss Other

Given Name(s): ...... Surname: ......

Date of Birth: ...... Male Female

Address (as enrolled): ...... Postcode: ......

Postal Address (if diferent): ...... Postcode: ......

Occupation: ......

Mobile No: ...... Home No: ......

Email: ......

Are you of Aboriginal or Torres Strait Islander descent? Yes No Are you an Auslan user? Yes No

2 POLITICAL BACKGROUND MEMBERSHIP FORM Have you previously been a member of any other political party or any afliate or auxilliary of any other political party? ..... Yes No If yes, which: ......

If yes, please provide details (dates, positions held, reasons) (use an additional sheet if necessary)

...... Have you ever opposed an ALP candidate during an election (ie. by standing as or assisting an opposition candidate)?

Yes No If yes, please provide details: ......

Have you previously been a member of the ALP?

Yes No If yes, when did you leave the ALP? ...... Reasons for leaving: ......

Previous Membership Number (if known): ...... FEC: ...... 3 ANNUAL MEMBERSHIP FEE (1 November to 31 October) 1 YEAR 3 YEARS Waged (A) $50 $135

Waged Member of Afliated Union (B)* (Union name) ...... $30 $85 *If you have selected Category (B) you must indicate your afliated union. Refer to list of afliated unions over page. Concession (C)** $20 $55 Membership No: ** If you have selected Concession (C), you must indicate the concession type: Student Home Duties Unemployed Retired Pensioner

4 PAYMENT FORM PAY BY CREDIT CARD

YES. I want to join the Labor Party. Cardholders Name: ......

I hereby apply for membership of the Australian Labor Party, ...... NSW Branch. If my application is successful, I undertake to abide Expiry Date: / SEC: by the Pledge and Party Rules. If I am paying a reduced rate subscription I declare that I am entitled to that reduced rate. Card Type: Mastercard Visa Amex

Card No: ...... Signature: Date: / /

Membership fees $ I authorise the Australian Labor Party (NSW Branch) to debit Receipt No: Here’s a donation to Labor’s Election Fund. $ my credit card for the amount of my membership fees (for the (Any donations of $1000 or over must be disclosed amount above) and future membership fees as prescribed from under the Election Funding and Disclosures Act 1981 (NSW)) time to time under Party rules until further notice. TOTAL: $ (ABN 36 192 855 036) ......

PAY BY PERSONAL CHEQUE, MONEY ORDER OR CREDIT CARD I have enclosed a personal cheque/money order for Signature: Date: / / OFFICE USE ONLY OFFICE USE ONLY Branch

$ ...... made out to the NSW Labor Party. SCHEDULE B

If you need any help please phone NSW (02) 9207 2000 or 2018 MEMBERSHIP RENEWAL 1800 503 035

3 STEPS TO RENEW YOUR MEMBERSHIP 1. Fill out your name, membership number and indicate any change of details in the space provided. 2. Tick the appropriate membership fee box and note your afﬁliated union or concession type if applicable. 3. Complete the payment details and mail your signed form to: NSW Labor, PO Box K408, Haymarket, NSW 1240 Or Fax it to (02) 9264 2574 Or to renew online please visit membership.nswlabor.org.au

1 YOUR PERSONAL DETAILS Mr Ms Mrs Miss Other

Given Name(s): ...... Surname: ......

Membership No: ...... Branch: ......

Address (as enrolled): ...... Postcode: ......

Postal Address (if different): ...... Postcode: ......

Mobile No: ...... Home No: ......

Email: ......

Are you of Aboriginal or Torres Strait Islander descent? Yes No Are you an Auslan user? Yes No

2 ANNUAL MEMBERSHIP FEE (1 November to 31 October) 1 YEAR 3 YEARS

Waged (A) $50 $135

Waged Member of Afﬁliated Union (B)* (Union name) ...... $30 $85 *If you have selected Category (B) you must indicate your afliated union. Refer to list of afliated unions over page.

Concession (C)** $20 $55 ** If you have selected Concession (C), you must indicate the concession type: Student Home Duties Unemployed Retired Pensioner

3 PAYMENT FORM PAY BY CREDIT CARD

Cardholders Name: ...... YES. Please renew my Party membership. $ Expiry Date: / Here’s a donation to Labor’s Election Fund. $ (Any donations of $1000 or over must be Card Type: Mastercard Visa Amex disclosed under the Election Funding and Disclosures Act 1981 (NSW)) Card No: TOTAL: $ If I am paying a reduced rate subscription I declare that I am entitled to that reduced rate. I authorise the Australian Labor Party (NSW Branch) to debit my credit card for the amount of my membership fees (for the Signature: Date: / / amount above) and future membership fees as prescribed from time to time under Party rules until further notice. (ABN 36 192 855 036) PAY BY PERSONAL CHEQUE OR MONEY ORDER I have enclosed a personal cheque/money order for Signature: Date: / /

$ ...... made out to the NSW Labor Party.

OFFICE USE ONLY

Date: ...... Receipt No: ...... Processed by: ...... NSW AFFILIATED UNIONS

If you are a member of one of the following unions you are entitled to an afﬁliated union membership.

Australian Institute of Marine and Power Engineers (AIMPE) Australian Manufacturing Workers Union (AMWU) Australian Services Union (ASU), Services Branch Australasian Meat Industries Employees Union (AMIEU), NSW Branch, Newcastle Branch Australian Workers Union (AWU) Construction, Forestry, Mining and Energy Union (CFMEU), Construction and General Division, Mining and Energy Division and Forestry Division Communications, Electrical, Plumbing Union (CEPU), Postal and Telecommunications Branch, Telecommunications and Services Branch, Plumbers Division Community and Public Sector Union (CPSU) Electrical Trades Union (ETU) Finance Sector Union (FSU) Flight Attendants Association Australia (FAAA) Health Services Union (HSU) Industrial Staff Union (ISU) Maritime Union of Australia (MUA) Media, Entertainment and Arts Alliance (MEAA) Rail, Tram and Bus Union (RTBU) Shop, Distributive and Allied Employees Association (SDA), NSW Branch, Newcastle and Northern Branch Textile, Clothing and Footwear Union (TCFUA) Transport Workers Union (TWU) United Services Union (USU) United Voice, NSW Branch United Voice, Liquor & Hospitality Division RULES 2017

SCHEDULE C

NOMINATION FOR CANDIDATE FOR PUBLIC OFFICE

TO: THE GENERAL RETURNING OFFICER, NSW LABOR/COUNTRY LABOR, PO BOX K408, HAYMARKET 1240

We hereby nominate Membership Number:

As the NSW Labor/Country Labor Candidate for ...... (please circle one) RULE N.11(c) MUST BE SIGNED BY NOT LESS THAN FIVE BONA FIDE MEMBERS OF THE ALP RESIDENT IN THE ELECTORATE OR LOCAL GOVERNMENT WARD AREA

Name of ALP Nominator’s Full Name Membership Number Nominator’s Signature Branch

SAMPLE ONLY

EXPLANATORY NOTES FOR CANDIDATES: CONDITIONS OF LABOR CANDIDATURE A Candidate for NSW Labor/Country Labor selection and endorsement must:

be a financial member of the NSW Branch of the ALP; be a financial member of a bona fide trade union if eligible for membership; have 12 months continuous membership as at the calling of nominations; not have any outstanding debts to the NSW Branch of the ALP; not be a property developer as defined under the Election Funding, Expenditure and Disclosure Act 1981 (NSW); be eligible under the law to nominate; and hold two tickets – the current year and the past year. Rule P.3 Acceptance of the Levy shall be a condition of endorsement to contest Party selection for the Legislative Assembly, Legislative Council, House of Representatives, Senate and Local Government. Candidates seeking endorsement to these public offices shall signify their written acceptance of the conditions of the Levy when nominating for Party selection. (Candidates for parliamentary preselection should complete the appropriate authority). Rule D.18 All Members of Parliament must be Gold level members of the Chifley Forum.

IMPORTANT: READ THIS BEFORE LODGING YOUR NOMINATION This nomination must be accompanied by the following (tick once completed): an acceptance of the nomination as set out on the following page; a signed copy of the pledges as set out on the following page; appropriate signed Parliamentary/Local Government levy deduction authority as set out on page 3 or 4 of this form; d authority to join Chifley Forum as set out on page 5 of this form; a statement as of why the person who is nominating wants to represent the Party; integrity disclosure (required if the person nominating is not currently a Member of Parliament) two written character references; the prescribed nomination fee (payment by cheque, cash, direct deposit or credit card); proof of trade union membership (if applicable); photocopy of birth certificate or passport (if Australian born); or photocopy of naturalisation certificate (if applicable) and certificate of revocation or previous citizenship.

Submit in full to the Labor Party Office, Level 9, 377 Sussex St, Haymarket or to [email protected]

1 88 RULES 2017

SCHEDULE D

1 CANDIDATE’S CONSENT AND DECLARATION

I, ...... Party Membership No.: ......

Address: ......

Phone: ...... Mobile: ...... Occupation: ......

hereby consent to the above nomination and DECLARE that: I am a fnancial member of the NSW Branch of the ALP and have 12 months continuous membership as at the calling of nominations. Ticket No Date of Issue Branch Membership

Present Year ......

Last Year ......

am enrolled for the electorate of ......

am a financial member of Union ......

am an Australian Citizen (if not born in Australia, country of birth and place of naturalisation)......

Signature of Candidate ...... Date ......

2 PUBLIC OFFICE CANDIDATE’S PLEDGE I hereby pledge myself to comply with the Rules of the Australian Labor Party (NSW Branch) and without in any way limiting the generality of the foregoing, pledge myself: 1. As a condition of membership to comply with Rule A.7(a) and Rule P.3 of the said Rules (as determined and altered from time to time by Annual Conference). 2. If returned to Parliament, on all occasions to do my utmost to ensure the carrying out of the principles embodied in the Labor Platform and on all such questions, especially on questions afecting the fate of a Government, to vote as a majority of the Labor Party may decide at a Caucus meeting. 3. To support and to be in attendance to vote fully and loyally, without equivocation, for whatever measure or measures are placed before the Legislative Council of NSW by the Labor Caucus in the form submitted by the said Caucus without any amendment, alteration or addition, unless such amendment, alteration or addition shall be accepted by the Caucus. 4. That if elected to Local Government Ofce I will fully and loyally support the Party’s policy on all matters. I will consult or caucus with other elected Labor representatives pursuant to rule H.1(d)(ii), with the exception of Rule H.1(d)(i) 5. At all times to conduct myself in Local Government public ofce in the best interests and solidarity of the Party. 6. To support the Party by communicating on a regular basis with the membership of the Party and wherever possible to support Party activities and events of which I am informed. 7. If appointed to the Legislative Council of NSW or to the Senate, I will report to the Administrative Committee according to the timeline set out in Rule D.13.

I undertake to resign from any position or ofce that would make me ineligible to hold the elected ofce for which I am nominating in a timely and practical manner as required by the relevant legislation or as directed by the General Secretary. I understand that should I fail or neglect to resign from such position or ofce, I hereby grant the Australian Labor Party (NSW Branch) an irrevocable power of attorney to resign on my behalf. Further I will take all steps legally required to revoke or renounce any dual citizenship held by me that would make me ineligible to hold the elected ofce for which I am nominating.

Signature of Candidate ...... Date ......

Signature of Witness ...... Date ......

3 PUBLIC OFFICE CANDIDATE’S PLEDGE ON CAMPAIGN FUNDS I agree that all funds donated, advanced or paid to me or raised on my behalf to assist in my election to the Parliament of the Commonwealth of Australia or the Parliament of New South Wales, or to, in general, support the ALP will be deposited or invested in the name of the Australian Labor Party and the appropriate Federal or State Electoral Council, and dealt with in accordance with Section K (Finance, Property and Funds) of the Rules of the ALP (NSW Branch).I agree to use election funds for bona fde campaign and election purposes to ensure my election as an endorsed candidate for the Australian Labor Party (NSW Branch) (“ALP NSW”). I agree that any public funding payable under the Election Funding and Disclosures Act 1981 (NSW) or the Commonwealth Electoral Act 1918 (Cth) belongs to the NSW Branch of the ALP and upon receipt will be immediately paid to the NSW Branch. I acknowledge that, as a candidate for public ofce, and if I should be elected, as a Member of Parliament or Councillor, the management and disclosure of income and expenditure for my campaign is governed by the Commonwealth Electoral Act 1918 (Cth) and/or the Election Funding and Disclosures Act 1981 (NSW). I pledge that, in my capacity as a candidate, and, if applicable, as a Member of Parliament or Councillor, I will comply with my responsibilities under the aforementioned Acts, and will establish adequate controls to ensure that my campaign team complies with its responsibilities under the aforementioned Acts.

Signature of Candidate ...... Date ......

Signature of Witness ...... Date ...... 89 RULES 2017

SCHEDULE E

Membership Pledge I hereby pledge myself to comply with the Rules of the Australian Labor Party (NSW Branch) and without in any way limiting the generality of the foregoing pledge myself as a condition of membership to comply with Rule A.7(c) of the said Rules. I further pledge that I will actively support the Constitution, Platform and Principles of the Australian Labor Party including the democratic socialisation of industry, production, distribution and exchange, to the extent necessary to eliminate exploitation and other anti-social features in these felds and the pursuit of social justice and equality in all areas of human endeavour. I also commit to vote and assist in the return of endorsed ALP candidates. Kaila Murnain, General Secretary

SCHEDULE F 2017 MEMBER’S TICKET 20152017 (02) 9207 2000 I herebyI hereby pledge pledge myself myself to comply to comply with withthe Rulesthe Rules of [email protected] the Australianof the Australian Labor PartyLabor (NSW Party Branch)(NSW Branch) and withoutand in without any way in limitingany way the limiting generality the generality of KAILA MURNAIN General Secretary the foregoingof the foregoing pledge pledgemyself myselfas a condition as a condition of membershipof membership to comply to comply with Rule with A.7(a) Rule ofA.7(a) the said Rules.of Ithe further said pledgeRules. Ithat further I will pledge actively that support I will the Constitution,actively support Platform the Constitution, and Principles Platform of the and AustralianPrinciples Labor of Partythe Australian including Labor the democratic Party including socialisationthe democratic of industry, socialisation production, of industry, distribution and production,exchange, to distribution the extent andnecessary exchange, to eliminate to the exploitationextent necessary and other toanti-social eliminate features exploitation in these and ﬁeldsother and theantisocial pursuit features of social in justice these ﬁeldsand equality and the in all areaspursuit of humanof social endeavour. justice and I alsoequality commit in all to areas vote and ofassist human in the endeavour. return of endorsedI also commit ALP to candidates. vote and assist in the return of endorsed ALP candidates. MEMBER’S SIGNATURE EXPIRY. 30/11/2017 25 years since Paul Keating’s historic Redfern Address.

90 RULES 2017

SCHEDULE G treated as if those preferences and any subsequent preferences had not been recorded on the ballot-paper, Conduct of Ballots at Annual Conference (b) if there is a break in the order of 1. METHOD OF VOTING preferences recorded on a ballot-paper, There are two methods of voting used under the ballot- paper must be treated as this Schedule, i.e.: “preferential voting” and if any subsequent preference had not “proportional representation”. Preferential been recorded on the ballot-paper. applies where only one person is to be 3. Notwithstanding anything to the contrary elected in a single ballot and proportional in this schedule: representation applies where more than one person is to be elected in a single ballot. (a) a ballot-paper on which the voter has recorded his or her vote by placing in 2. BALLOT PAPERS one square the number “1” must not be 1. To conduct a ballot the General Returning treated as informal by reason only that: Ofcer must have ballot papers prepared (i) the same preference (other than including names and given names of his or her first preference) has been candidates, a statement of the number of recorded on the ballot-paper for people to be elected, and this instruction: more than one candidate, or “Place the number “1” in the square (ii) there is a break in the order of opposite the name of the candidate preferences recorded on the ballot- for whom you desire to give your paper. first preference vote. You may vote for additional candidates by placing (b) a ballot-paper is not informal by reason consecutive numbers beginning with the only that the voter has recorded a vote number “2” in the squares opposite the by placing a cross or a tick in a square names of those additional candidates in and not placing any mark or writing in the order of your preferences for them. any other square, but the ballot-paper The more boxes you number, the more is treated as if the cross or tick were the you maximise the value of your vote.” number “1”. 2. More than one ballot may appear on a (c) a ballot-paper is not informal by reason single Annual Conference ballot paper. only that the voter has recorded a vote by placing the number “1” or a tick in 3. The names of candidates must appear on a square and placing a cross in (or a a ballot paper in the order determined by line through) all or some of the other lot. squares on the ballot-paper, but the 4. Candidates may appoint scrutineers to ballot-paper is treated as if the marks in attend the drawing of positions should those other squares did not appear on they desire to do so. the ballot- paper and any such tick were the number “1”. 3. FORMALITY 4. A Party member must not encourage a 1. Informal ballot-papers must be rejected voter in a Party ballot to cast an informal by the General Returning Ofcer at the vote or place a cross or a tick in a square scrutiny. on a ballot-paper. 2. A voter must place the number “1” in a 4. PREFERENTIAL VOTING square opposite the name of a candidate. The voter may vote for additional 1. In this paragraph: candidates by placing consecutive (a) “continuing candidate”, in relation to a numbers beginning with the number “2” in count, means a candidate not excluded the squares opposite the names of those at a previous count. additional candidates. However: (b) A reference in this paragraph to an (a) if the same preference (other than a exhausted ballot-paper in relation to any first preference) has been recorded count is a reference to a ballot-paper on on a ballot- paper for more than one which there is not recorded a vote for a candidate, the ballot- paper must be continuing candidate.

91 RULES 2017

2. The General Returning Ofcer must (b) if they had an equal number of votes ascertain the total number of first at all preceding counts, the candidate preference votes recorded for each whose name is drawn by lot from the candidate on all ballot-papers not rejected names of the candidates who have by the General Returning Ofcer as an equal number of votes must be informal. excluded. 3. If a candidate has a majority of the first 7. In the event that a fraction arises during preference votes, the candidate must be the course of a count, the fraction should elected. be rounded to the nearest one tenth (i.e. to one decimal place). 4. If no candidate is elected under subparagraph 3, the General Returning 5. PROPORTIONAL REPRESENTATION Ofcer must make a second count: If the method used is to be “proportional (a) On the second count, the candidate representation”, then the count shall be who has the fewest first preference conducted as described in the following: votes must be excluded, and each of 1. After rejecting all informal voting papers, the candidate’s ballot-papers that is the number of first preferences indicated not exhausted must be transferred to for each candidate shall be counted and the candidate next in the order of the recorded each voting paper having the voter’s preference and counted to that value of 1,000 points. candidate as a vote. 2. Total the number of formal votes and (b) If, on the second count, a candidate has work out the “quota” in accordance with a majority of the votes remaining in the the following formula: Total number of count, the candidate must be elected. formal votes cast multiplied by 1,000 5. points divided by the number exceeding by one the number of vacancies to be (a) If, on the second count, no candidate filled. The result obtained is taken to the has a majority of the votes remaining next whole number which becomes the in the count, the process of excluding “quota”. the candidate who has the fewest votes, transferring each of the ballot- Example: To elect six candidates from a papers that is not exhausted to the total of 923 formal votes polled. continuing candidate next in the order 923 X 1,000 = 923,000 divided by 7 (6 + of the voter’s preference and counting 1) = 131,857.1429 = 131,858 points it to that candidate as a vote must be repeated by the General Returning 3. Any candidate who has a value of first Ofcer until one candidate has a preferences equal to or greater than the majority of the votes remaining in the quota shall be recorded as elected and count. any surplus over the quota transferred in the following manner (the “surplus” is the (b) The candidate who, in accordance with total number of points in excess of the clause (a) above, has a majority of the quota held by that candidate at the time votes remaining in the count must be of the candidate’s election). elected. (a) Distribute the first preference voting 6. Where, on any count at which the papers of the elected candidate to the candidate with the fewest number of next preference shown for an unelected votes has to be excluded, two or more candidate. First preference voting candidates have an equal number of papers of the elected candidate that votes (that number being fewer than the have no continuing preference cease number of votes that any other candidate to be included in the counting process has or those candidates being the only after the election of the candidate and continuing candidates): do not participate in the transfer. (a) such one of those candidates as had the (b) Calculate the transfer value of each fewest number of votes at the last count voting paper according to the following at which they did not have an equal formula. number of votes must be excluded, or Transfer Value = Surplus of Points to be

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transferred below. Number of Voting papers participating 6. If more than one candidate has a surplus, in transfer the surpluses shall be transferred in order of size, beginning with the largest, (c) The number of voting papers provided that no surplus shall be transferred to each unelected candidate, transferred before a surplus that arose according to Section 3(a), is then earlier in the counting. multiplied by the transfer value, and the whole number remaining after any 7. If after the transfer of all surpluses, any fraction is rounded of to the nearest vacancies remain unfilled, the candidate whole number, is the number of points whose progress points total is lowest shall that are transferred to that unelected be excluded and all voting papers allotted candidate. to him/her shall be distributed to the unelected candidates in accordance with 4. If the progress total of any candidate the continuing preference shown on the becomes equal to or greater than the voting papers, and at a value determined quota by the transfer of a surplus, he/ as follows: she shall be recorded as elected and any surplus over the quota transferred in the (a) Voting papers with first preference following manner. (the “surplus” is the indicated for the excluded candidates total number of points in excess of the shall be transferred at their full value quota held by that candidate at the time (1,000 points for each such voting of the candidate’s election) paper). (a) The voting papers allotted to the (b) The other voting papers of the excluded elected candidate in the last transfer candidate shall be distributed at the shall be distributed to the unelected value at which they were transferred to candidates according to the continuing him/her. preference. The voting papers allotted The voting papers allotted to the to the elected candidate in the last candidate that have no continuing transfer that have no continuing preference do not participate in the new preference, the first preference voting transfer and cease to be included in the papers of the elected candidate and counting process. other voting papers allotted to the elected candidate prior to the last 8. If the progress points total of any transfer do not participate in the new candidate becomes equal to or greater transfer and cease to be included in the than the quota by the transfer of counting process. votes resulting from the exclusion of a candidate, he/she shall be recorded (b) The transfer value shall be obtained as elected and any surplus transferred by dividing the surplus by the number according to Section 4. of voting papers participating in the transfer (ie. the number of voting 9. The process of excluding the candidate papers allotted to the elected candidate with the lowest progress points total and in the last transfer). allotting his/ her voting papers to the remaining unelected candidates shall be (c) The number of voting papers repeated and any surpluses transferred transferred to each unelected candidate until all vacancies are filled or until the according to Section 4(a) is then number remaining unfilled is equal to the multiplied by the transfer value and number of remaining candidates in which the whole number remaining after any case those candidates shall be recorded fraction in the result is rounded of as elected. to the nearest whole number, is the number of points that are transferred to 10. Immediately after each transfer of voting that unrelated candidate. papers and immediately after each election or exclusion of a candidate where 5. No votes shall be transferred to any there is no such transfer the quota must candidate whose progress points total be recalculated in accordance with the exceeds the quota or who has been following formula: excluded in accordance with section 7

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The total value (i.e. in points) of the votes In any ballot conducted under this Schedule remaining in the count divided by the the following applies: number exceeding by one the number 1. Where a challenge has been made to of vacancies yet to be filled. The result inclusion or non-inclusion of a person obtained is taken to the next whole on the voting list for a ballot within time number which becomes the new “quota”. provided for by the NSW Branch Rules, 11. and that challenge has not yet been finally determined in accordance with those (a) In this section, “afrmative action Rules, the person concerned must be rules” means any Party Rule that included on the voting list provisionally mandates a minimum number of (i.e. subject to “challenge”). This means candidates of either or both genders that: must be members of a body elected by Annual Conference by proportional (a) They may be issued with a ballot paper representation. in accordance with the Rules, but that ballot paper (once completed) must be (b) Prior to declaring the result for an placed in a blank envelope that does election under this schedule the not bear the voter’s name and handed General Returning Ofcer must verify directly back to the Returning Ofcer that the proposed declaration would who will seal it in a second envelope satisfy the provisions of the afrmative marked with the voter’s name and place action rules. If those rules would not be it in the ballot box. satisfied by the proposed declaration the General Returning Ofcer must (b) If it is apparent that the challenge adjust the proposed declaration to give votes may afect the outcome of the efect to the afrmative action rules ballot, the Returning Ofcer must not in accordance with the principles of declare the ballot and must instead proportional representation and make seal all ballot material in the ballot the declaration accordingly. box and deliver the ballot box into the custody of either the General Returning (c) If, under (b) above, it is not possible Ofcer or the General Secretary (or a to so adjust the proposed declaration representative of the General Secretary) because there is an insufcient number of candidates of the required gender for (c) The Returning Ofcer may declare the a given group participating in the ballot, ballot prior to the resolution of the the General Returning Ofcer must, as challenges if, after counting other ballot part of the declaration for the ballot, papers, it is clear that the challenge declare the relevant positions as casual votes will not afect the outcome of the vacancies. Such casual vacancies must ballot. be filled in accordance with Party Rules. (d) The subsequent count and declaration 12. The General Returning Ofcer may of the ballot (after the challenges have adopt an expedited process in lieu of been determined) may be made by the the counting process prescribed by this General Returning Ofcer or a person schedule if: authorised by him/her. (a) the Assistant General Returning Ofcers 2. Where, during the conduct of a ballot, it is and scrutineers present are all in alleged that the requirements of the party agreement on the process; and Rules are not being adhered to, the matter must dealt with (in the first instance) by (b) the outcome of the declaration is the Returning Ofcer. In the event that unafected by the expedited process. the matter is not resolved and it is alleged 6. DISPOSAL OF BALLOT MATERIALS that the issue requires urgent resolution to ensure the integrity of the ballot process, After the declaration of the ballot, the the General Returning Ofcer or the Returning Ofcer must seal all ballot papers General Secretary (or a representative and material in the ballot box or other secure of the General Secretary appointed in container and retain the ballot box for at least relation to that ballot) may be consulted, seven days. and may give instructions to determine the issue consistent with the Party Rules. 7. PROCEDURES FOR CHALLENGES 94 RULES 2017

SCHEDULE H (a) The candidate who received the fewest first preference votes shall be excluded, and each ballot paper counted to him/her Conduct of Ballots at all other Party Units shall be counted to the candidate next in 1. BALLOT PAPERS order of the voter’s preference. (a) Positions on all ballot papers shall be (b) Then if no candidate has an absolute drawn by lot. Candidates may appoint majority of votes, the process shall scrutineers to attend the drawing be repeated by excluding the next for positions should they desire. The candidate who has the fewest votes, and full names, including given names, of counting each of his/her ballot papers candidates shall appear on ballot papers. to the unexcluded candidates next in In the event of more candidates being the order of the voter’s preference, until nominated than there are vacancies to one candidate has received an absolute be filled, a ballot shall be taken on the majority of votes and is elected. preferential system. Preferential system (c) In the event that a fraction arises during shall mean that a voter must vote for all the course of a count, the fraction should candidates in order of his/her preference. be rounded to the nearest one tenth (i.e. (b) The Returning Ofcer must tell voters to one decimal place). This requirement that for their ballot papers to be counted does not apply to the weighting factor in the vote, they must number all the used to proportionately adjust the relative candidates. For example, if there are value of groups of votes, but does apply six candidates, the candidates must be to product of that equation. For example, numbered 1 to 6. This requirement is if there is a requirement for a group of satisfied if the Returning Ofcer includes 30 votes and a group of 23 votes to be written advice to this efect on the ballot equal, the 23 would be weighted up by paper itself. multiplying by a weighting that is precise as is practicable (say 1.3043478) and the 2. FORMALITY product of that equation (29.999999) (a) Informal ballot-papers must be rejected would then be rounded to 30.0 or 30). by the Returning Ofcer at the scrutiny. 4. PREFERENTIAL VOTING FOR ELECTION OF (b) A voter must vote for all candidates MORE THAN ONE CANDIDATE in order of the voter’s preference in In any case where two or more candidates are accordance with this Rule. A vote must to be elected, the Returning Ofcer shall act in not be regarded as formal unless either: accordance with the following procedure: (i) all squares are numbered consecutively 1. The votes shall be classified into two from “1”, without repetition of any categories as follows: number; or (a) Votes marked 1, 2, 3, etc., according (ii) all squares are numbered consecutively to the number of vacancies shall be from “1”, without repetition of any termed the “primary” votes and have number, but the last square in the equal value in the first count. numerical sequence is left blank. (b) Preference votes shall be termed the (c) A Party member must not encourage a “secondary” votes and shall have rank voter in a Party ballot to cast an informal according to their numerical order. vote. 2. The “primary” votes shall first be 3. PREFERENTIAL VOTING FOR ELECTION OF counted and a list shall be prepared of ONE CANDIDATE the candidates in order according to A candidate who received a number of the “primary” votes cast for them. The first preference votes greater than half the candidate who is last on the list thus total number of formal ballot papers shall compiled shall be excluded from the thereupon be declared elected. election. If no candidate has received an absolute 3. Each ballot paper on which such excluded majority of first preference votes, the candidate received a number 1 vote shall Returning Ofcer shall proceed with the then be scrutinised and the next available scrutiny, as follows: preference following the “primary” vote as

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defined in 1(a) shall be added to the total 5. PREFERENTIAL VOTING FOR ELECTION OF credited to each unexcluded candidate on MORE THAN ONE CANDIDATE FOR PUBLIC the first count. OFFICE TO DETERMINE THE ORDER OF CANDIDATES SELECTED 4. The candidate next last on the list shall then be excluded. Each ballot paper on In any case where two or more candidates are which such candidate received a number to be elected the Returning Ofcer shall act in 1 vote shall then be scrutinised and the accordance with the following procedure: next available preference vote to the 1. In relation to the count of first preference “primary” vote as determined in 1(a) shall votes, he/she shall: be added to the total credited to the respective remaining candidates. Should (a) arrange all the formal ballot papers the next available preference vote be cast against the names of the respective in the favour of an excluded candidate, candidates by placing in a separate it shall be disregarded and the next bundle all those on which a first available preference vote cast in favour of preference is indicated for the same a remaining candidate shall be added to candidate; and the total credited to that candidate. This (b) count the first preference votes given process of exclusion and distribution of for the candidates on all ballot papers. preference votes shall be repeated until only the number of candidates required to 2. If any candidate has more than half the fill the vacancies remain. total number of first preference votes, he/she shall be declared elected. If, 5. In the case of two or more candidates however, no candidate has an absolute being equal during the progress of the majority, a process of elimination of those count, you eliminate the candidate with candidates with the lowest number of first the lowest number (first preference) preference votes and the distribution of votes. If there should still be equality then their preferences will continue until such the Returning Ofcer should draw, in the time as one candidate attains an absolute presence of scrutineers, and the candidate majority and is then declared elected. whose name is drawn will remain in the When a candidate is excluded, all ballot ballot. papers counted to him/ her and contained 6. In determining which candidate is next in in his/her bundle at the time of his/her order of preference the votes which have exclusion must be transferred to the been counted for any candidate who has unexcluded candidates next in order of been excluded shall not be considered the voter’s preference. This process will be and the order of voter’s preferences shall repeated, until one candidate has received be determined on the next available an absolute majority to the votes in the preference which ballot paper has not election. been previously transferred. 3. Second vacancy 7. All candidates must be voted for. (a) In filling the second vacancy the 8. No Returning Ofcer or scrutineer shall returning ofcer will: be allowed to nominate for any position (i) re-arrange the whole of the ballot in any ballot in which he/she is acting as papers under the names of all Returning Ofcer or scrutineer, except in candidates (including the elected the case of the General Returning Ofcer candidate) in accordance with the and the Assistant General Returning first preference votes indicated Ofcers. In calling for nominations, the thereon; Returning Ofcer shall be deemed to have participated in the ballot, except in (ii) transfer each ballot paper on which the case of the General Returning Ofcer a first preference is indicated for the and the Assistant General Returning ELECTED CANDIDATE to the bundles Ofcers. Where the Returning Ofcer of the candidates next in order of the is renominating for that position, they voter’s preference; and when that is must arrange for the Deputy Returning concluded, Ofcer or another member of the Branch (iii) count the ballot papers in the bundle Executive to receive these nominations. of each unexcluded candidate, and

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(iv) if a candidate thus attains an absolute being an elected candidate) next in the majority of votes cast, he/she shall be order of the voter’s preference. If no declared elected. candidate then has an absolute majority of votes, the returning ofcer excludes (b) If no candidate has received an absolute that candidate who has the fewest majority of votes, the returning ofcer votes, and transfers each ballot paper will exclude the candidate who has which has been counted to him/her received the fewest votes and will (ie contained in his bundle at the time transfer each ballot paper distributed to of his/her exclusion) to the continuing him/her at the time of his/her exclusion, candidate (ie, any candidate not being to the continuing candidates (ie, not an elected or excluded candidate) next the candidate elected in the first count) in the order of the voter’s preference, next in order of the voter’s preference. and so on, stage by stage, until one This procedure will continue until one candidate has received an absolute candidate has an absolute majority and majority of votes and is elected to fill is declared elected. the third vacancy. 4. Third vacancy 5. Further vacancies shall be filled one by (a) The procedure in filling the third one in the manner provided in the last vacancy is similar to that followed in preceding sub-section referring to the filling the second vacancy. The returning filling of the third vacancy, provided that ofcer will: at all times a ballot paper on which a first preference for any elected candidate is (i) re-arrange the whole of the ballot marked, shall be placed in the bundle of papers under the names of the each continuing candidate next in order of respective candidates (including the voter’s preference. the two elected candidates) in accordance with the first preference 6. In this schedule “continuing candidate” votes indicated thereon; means a candidate not already elected or excluded from the count. (ii) transfer each ballot paper on which a first preference vote is indicated 7. In this schedule “an absolute majority of for the candidate first elected to the votes” means a greater number than one- bundle of each continuing candidate half of the whole number of formal ballot (ie, any candidate not being the papers. second elected candidate) next in the 8. If at any stage of the count, two or more order of the voter’s preference; candidates have an equal number of votes (iii) transfer each ballot paper on which a and one of them has to be excluded, the first preference vote is indicated for tie shall be broken by a draw from the hat, the candidate second elected to the the candidate whose name is drawn being parcel of each continuing candidate the candidate who remains in the ballot. (ie, any candidate not being the 9. Notwithstanding anything contained in candidate first elected) next in order the preceding provisions of this schedule, of the voter’s preference; two or more candidates lowest in the poll (iv) count the ballot papers contained may be excluded from any count at the in the bundle of each (continuing) same time provided: candidate; and (a) that the total number of votes of the (v) if a candidate thus attains an absolute lowest candidates does not in the majority of votes cast, he/she shall be aggregate exceed in number the votes declared elected. of the candidate next higher in the poll; (b) If no candidate then has an absolute (b) that the number of continuing majority of votes, the returning ofcer candidates is not thereby reduced excludes the candidate who has below the number to be elected; and received the fewest votes, and transfers (c) that in the filling of a second or any each ballot paper which has been subsequent vacancy, the votes of the counted to him/her to each continuing elected candidate or candidates have candidate (that is, to any candidate not

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already been distributed as provided in challenges if, after counting other ballot this schedule. papers, it is clear that the challenge votes will not afect the outcome of the 10. In the event that a fraction arises during ballot. the course of a count, the fraction should be rounded to the nearest one tenth (i.e. (d) The subsequent count and declaration to one decimal place). This requirement of the ballot (after the challenges have does not apply to the weighting factor been determined) may be made by the used to proportionately adjust the relative General Returning Ofcer or a person value of groups of votes, but does apply authorised by him/her. to product of that equation. For example, 2. Where, during the conduct of a ballot, it is if there is a requirement for a group of alleged that the requirements of the party 30 votes and a group of 23 votes to be Rules are not being adhered to, the matter equal, the 23 would be weighted up by must dealt with (in the first instance) by multiplying by a weighting that is precise the Returning Ofcer. In the event that as is practicable (say 1.3043478) and the the matter is not resolved and it is alleged product of that equation (29.999999) that the issue requires urgent resolution to would then be rounded to 30.0 or 30). ensure the integrity of the ballot process, 6. PROCEDURES FOR CHALLENGES, ETC the General Returning Ofcer or the General Secretary (or a representative In any ballot conducted under this Schedule of the General Secretary appointed in the following applies: relation to that ballot) may be consulted, 1. Where a challenge has been made to and may give instructions to determine inclusion or non-inclusion of a person the issue consistent with the Party Rules. on the voting list for a ballot within time provided for by the NSW Branch Rules, and that challenge as not yet been finally SCHEDULE I determined in accordance with those Rules, the person concerned must be included on the voting list provisionally Rules of Debate (i.e. subject to “challenge”). This means The following rules of debate shall be observed at that: all meetings. (a) they may be issued with a ballot paper 1. THE CHAIR in accordance with the Rules, but that A Chair shall preside at all meetings. ballot paper (once completed) must be handed directly back to the Returning (a) The Chair’s interpretation of the rules of Ofcer or Presiding Ofcer (as debate shall be final unless overruled by applicable) by the voter, the Returning the meeting. Ofcer or Presiding Ofcer must place (b) Dissent from the Chair’s ruling. Any the paper in a sealed envelope that member dissatisfied with the Chair’s ruling does not bear the voters name and then may move a motion of dissent in the in second sealed envelope marked with following terms: “That the Chair’s ruling the voter’s name. The enveloped vote be dissented from.” In such case only the must then be placed in the ballot box. mover shall be permitted to speak, except (b) If it is apparent that the challenge the Chair who may state his/her reasons votes may afect the outcome of the for the ruling given. The motion shall ballot, the Returning Ofcer must not thereupon be put to the meeting by the declare the ballot and must instead Vice-Chair, without further discussion, in seal all ballot material in the ballot the following form: “The motion is that the box and deliver the ballot box into the Chair’s ruling be upheld.” custody of either the General Returning (c) The Chair may not move, second or speak Ofcer or the General Secretary on any motion without leaving the chair. (or a representative of the General Having left the chair he/she may not Secretary). resume it until that debate has concluded. (c) The Returning Ofcer may declare the (d) Whenever the Chair rises, whether during ballot prior to the resolution of the

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debate or not, any member speaking or (including questions) are limited to 10 proposing to speak, shall resume his/her minutes each. seat so that the chair may be heard in (h) Local Councillors’ Reports. silence. At branch meetings, reports from (e) Chair’s leave. No member shall leave a Councillors are limited to 5 minutes each, meeting without permission from the including questions. The total amount of chair. time spent hearing from all Councillors 2. ADDRESSING THE MEETING (including questions) is not to exceed 15 minutes. (a) Address while standing. 3. POINT OF ORDER Any member desiring to propose a motion or an amendment, or to discuss The member addressing the meeting shall any matter under consideration, must rise not be interrupted unless called to order or a and address the Chair. point of order is taken. When a point of order is taken, the member speaking shall sit down (b) Call to first risen. and the member taking the point of order The right of speaking on any subject shall shall outline his/her reasons for taking it to belong to the member who first rises to the Chair. The Chair may either invite further address the Chair. When two or more submissions or rule upon it immediately. The members rise together the Chair shall call Chair must give a ruling before the debate is upon the member deemed by the Chair to resumed. have risen first. 4. MOTIONS (c) Speakers once only. (a) Must be duly proposed and seconded No member shall speak without consent before debate may commence. at the meeting. Any member proposing or (b) Lapsed Motions. Any motion or seconding a motion shall be held to have amendment not seconded shall not be spoken. further debated, but shall lapse. (d) Speakers’ times. (c) Amendments. The question having been In debate, the mover shall be allowed five proposed may be amended by leaving (5) minutes for speaking in support of his/ out, substituting or adding words. Any her motion; subsequent speakers three (3) number of amendments may be proposed minutes, and the mover three (3) minutes and discussed simultaneously with the in reply. The time for discussion to be original motion. When amendments limited to twenty (20) minutes for each have been put and lost the original question, unless extended by resolution. motion shall then be put to the meeting. When amendments have been put and (e) Speakers’ in succession. carried, the amendment shall become No more than two (2) members shall part of the motion, and shall then be put speak in succession on one side, either to the meeting. At the close of debate, for or against any question before the amendments shall be put in the order they meeting, and if, at the conclusion of the have been moved. second speaker’s remarks, no member (d) Direct negatives disallowed. No rises to speak on the other side, the amendment shall be received by the motion or amendments shall be put-to the Chair which shall be a direct negative to meeting after the mover has replied. a motion, or which does not preserve the (f) Right of Reply. substance of such motion. The mover of the original motion shall 5. QUESTION BE PUT have the right of reply. No further A member shall have the right at any time discussion shall be allowed after the during the debate to move “That the question mover has replied. be now put,” and it shall be submitted by the (g) State and Federal Members’ Reports. Chair to the vote without discussion and if At branch meetings, reports from State afrmed the Chair shall put the question under and Federal Members of Parliament discussion to the meeting without further

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debate after the mover has replied. 11. SUSPENSION OF STANDING ORDERS 6. ADJOURNED MOTION It shall be competent for a majority of members present at a meeting to suspend A member shall have the right at any time so much of standing orders as is necessary during the debate to move “That this motion to allow the consideration of any business, be now adjourned” and the adjournment except for the consideration of business motion shall be submitted by the Chair to already dealt with at the meeting. vote without discussion. If the adjournment motion is afrmed, the motion adjourned shall 12. RECOMMITTAL be listed for discussion under “motions of Any matter already dealt with by the meeting which due notice has been given” at the next may be recommitted to the meeting by meeting. unanimous consent. 7. PUTTING THE MOTION 13. EXCLUSION FROM THE MEETING Immediately the debate on a question shall be The Chair may, at any time, exclude a member concluded the Chair shall put the question to who: the meeting in a distinct and audible manner. The question being put, shall be resolved (a) attends the meeting in an intoxicated in the afrmative or negative by the voices, condition; or who unless a show of hands is requested. (b) is guilty of unruly or disorderly conduct. 8. EQUAL VOTING 14. GRANTING OF LEAVE In the event of the voting on any motion being Whenever a procedural motion is proposed, equal the Chair shall declare the motion lost. the Chairman may ask the meeting whether 9. NO FURTHER SPEAKERS there is any objection to the motion and provided that no member present objects, No member shall speak on any motion after the motion will be declared carried. If there is the same has been put by the Chair. an objection, the ordinary rules of debate will 10. NOTICE OF MOTION apply. A member may give notice of motion for the 15. VISITORS purpose of: When visitors are admitted, the Chair may (a) rescinding and/or amending any motion direct that seating accommodation shall be carried at a meeting of the Branch; or provided for them apart from members. (b) placing business on the business paper 16. CLOSURE OF MEETINGS for the next Branch meeting. The notice Night meetings shall terminate not later of motion shall be read to the meeting than 10.00 pm. It shall be competent for any and handed to the Chair. The Chair shall member to propose an extension of time not allow discussion on the notice of providing such extension or extensions shall motion at the meeting at which the notice not exceed time beyond one half- hour. Night is given. The notice of motion shall take meetings shall definitely close no later than precedence in the order in which it stands 10.30 pm and all business transacted after that in the minute book in relation to other hour will be null and void. This shall not apply similar notices unless otherwise ordered to meetings of the Administrative Committee by the meeting which finally determines or Machinery or Policy Committees. the notice. Should the mover in whose name the notice of motion stands be not 17. DISCLOSURE OF FINANCIAL INTERESTS present, then the said motion shall lapse. (a) Members: The submission of a notice of motion to (i) who have a substantial financial interest rescind does not nullify the decision of the in a matter being considered or about motion it seeks to rescind until the motion to be considered at a meeting, and itself is carried at the subsequent meeting. A recision motion that is defeated shall (ii) whose interest appears to raise a not be moved again until three months conflict with the proper performance have passed. of the Member’s duties in relation to the consideration of the matter, must

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disclose the nature of the interest at a SCHEDULE J meeting if they intend to participate in debate or vote on the matter. NSW YOUNG LABOR (b) An interest is not “substantial” (and therefore does not have to be disclosed) Part One: Purpose merely because a member: 1. OBJECTIVES (i) holds a modest proportion of the shares of a publicly listed company; (a) To advocate progressive policies within the Labor Movement by way of Party and (ii) is a member of a non-profit public meetings, pamphlets and papers. organisation; or (b) To support the objectives and platform (iii) is employed by a trade union, a of the Party and in doing so educate government agency, Member of members of Young Labor, trade unions Parliament or the Party. and other Party bodies. (c) A disclosure by a Member at a meeting (c) To provide a voice for young people that the Member: both within the Party and in the general (i) is a member, or is in the employment, of community. a specified organisation, or (d) To assist in the election to public ofce of (ii) is a partner, or is in the employment, of endorsed Labor candidates at a national, a specified person, or state and local level. (iii) has some other specified interest (e) To promote and adopt mechanisms which relating to a specified organisation to a encourage the participation of women, specified person; indigenous, rural and culturally diverse communities in Young Labor and the is a sufcient disclosure of the nature of wider Party. the interest. (f) To publish material of any kind, whether Example 1: written, audio or visual, that may assist in Smithsville Branch is debating a motion achieving the above objectives. to tell ALP Councillors that the Branch (g) To be the co-ordinating body of Young opposes a local re-development. John, Labor in NSW. a member of the Branch, knows that he is a business partner of the developer (h) To advise the Party on matters of policy concerned. John cannot participate in and the views of young people. debate or vote on the motion without (i) To undertake any other duties referred to declaring his relationship with the it by the NSW Branch Annual Conference business partner. He does not need to or Administrative Committee. disclose the commercial details of that relationship. Part Two: Membership Example 2: 2. AGE Smithsville Branch is debating a motion (a) To be a member of and be eligible for to tell the Federal ALP that it opposes election to a position in Young Labor, a a policy proposal made by a Labor person must: spokesperson on the Environment. It is not necessary for Bob, a Branch (i) Be a member of the Australian Labor member, to disclose the fact that (NSW Branch); and he works for the Department of (ii) Not have attained the age of 26 years Environment and Conservation when he as at 1 January in the year of their votes on the motion. membership or election. (b) Any member of, or person elected to a position in, Young Labor who attains the age of 27 years in the ensuing 12 months shall be eligible to retain ofce until the

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next Annual Conference. (j) Any Policy Caucus report must be presented to the Executive at least seven (c) Each month, following NSW Branch (7) days in advance of Conference in Administrative Committee, the General order for it to be placed on the agenda. Secretary shall send the Young Labor Secretary and Young Labor Assistant 4. ANNUAL CONFERENCE POWERS Secretaries a complete list of names, (a) The NSW Young Labor Annual addresses, ticket numbers, categories of Conference is the principal policy-making membership and membership fees paid and governing body of Young Labor in relating to Party members satisfying the NSW. Annual Conference has the power: criteria in subsection (a). (i) To make and propose policy on behalf Part Three: Conferences of NSW Young Labor. 3. CONFERENCES (ii) To receive and consider reports from the Executive and Policy Caucuses. (a) Young Labor shall hold an Annual Conference each year in metropolitan (iii) To elect: Sydney. 1. Members of the Executive except (b) Young Labor shall hold a Rural and those members who satisfy the Regional Conference every second year criteria in 7(d)(vii). outside of Sydney. 2. Such standing committees as the (c) Young Labor may hold a Policy Executive may determine from time Conference once per year in Western to time; Sydney. 3. Delegates and Alternate Delegates to (d) Prior to 31 December in each year the the NSW Branch Annual Conference; NSW Branch Administrative Committee 4. Delegates and Alternate Delegates to shall, in consultation with the Executive, NSW ALP Country Conference; set dates for the next year’s conference(s). 5. Delegates and Alternate Delegates (e) Conference shall consider agenda items to Australian Young Labor National submitted by Young Labor Associations, Conference; and Branches, afliated trade unions, NSW Branch Annual Conference, NSW Branch 6. Such other ofcials as the Executive Administrative Committee and other Party may determine from time to time. Units. (b) Annual Conference elections shall be (f) A Conference may only take place when conducted as outlined in Schedule G and a quorum of at least forty (40) delegates by the requirements of the NSW Branch are present. Rules on afrmative action. (g) A Young Labor Association or afliated DELEGATES trade union shall pay a fee for each (c) Annual Conference is made up of of its Delegates to Conference, Rural delegates as follows: and Regional Conference and Policy Conference, the fee being determined (i) Each Young Labor Association shall by the NSW Branch Administrative be entitled to elect one delegate for Committee in consultation with the each full State electorate included in its Executive. boundaries. (h) Alternate Delegates shall be entitled to (ii) The Chair, Deputy Chair and Secretary attend Conference and take part in the of each Policy Caucus shall be a business of Conference without the right delegate. to vote unless acting as a full delegate. (iii) Each Young Labor University Network (i) Conference delegates are to be notiﬁed shall be entitled to elect three (3) at least seven (7) days in advance of the delegates. agenda items and proposed order of (iv) At least 40% of the delegates to Annual business of a Conference. Conference must be union delegates. All other delegates are approximately 60%

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of the total. Part Four: Management and Administration (v) The procedure for determining trade 7. EXECUTIVE POWERS union representation at Annual (a) The NSW Young Labor Executive is Conference shall be, subject to this responsible for the management and Schedule, the same procedure used for administration of Young Labor in NSW in determining trade union representation between Annual Conferences. at the NSW Branch Annual Conference. (b) The Executive shall adopt procedures to 5. RURAL AND REGIONAL CONFERENCE facilitate the business of Young Labor. POWERS (c) The Executive shall be the only body to (a) The NSW Young Labor Rural and Regional issue Charters and determine boundaries Conference shall decide policy on areas of for Young Labor Associations and Young concern to young people residing outside Labor University Networks, subject of Sydney. to the approval of the NSW Branch (b) Decisions of Rural and Regional Administrative Committee. Conference shall be referred to Annual MEMBERSHIP Conference and/or Policy Conference. (d) The Executive shall consist of: DELEGATES (i) The President; (c) The Rural and Regional Conference shall consist of: (ii) The Senior Vice-President; (i) Eight (8) delegates from each Young (iii) Two (2) Junior Vice-Presidents; Labor Association in Rural and Regional (iv) The Secretary/Treasurer; NSW; (v) Two (2) Assistant Secretaries; (ii) Members of the Executive and Policy Caucuses as non-voting delegates; and (vi) Seven (7) general members; and (iii) Delegates from afliated trade unions, (vii) One representative from each Young provided that they live outside of Labor Association. Sydney. Positions (i) to (v) shall be the Young (d) There shall be thirty (30) delegates Labor Ofcers. from afliated trade unions to Rural and (e) Any member of the Executive who Regional Conference. The size of a union’s is absent from three (3) consecutive delegation to the Rural and Regional meetings without the permission of the Conference shall be directly proportional Executive shall cease to be a member of to its membership. the Executive. (e) The deﬁnition of “Rural and Regional” MEETINGS shall be the deﬁnition used by the NSW Branch Administrative Committee (f) A meeting of the Executive can only following recommendation by the NSW take place when a quorum of a majority Young Labor Executive. of members is present. If a majority of members is not present after thirty 6. POLICY CONFERENCE POWERS minutes the meeting will not take place. (a) The Policy Conference shall have Quorum may consist of any member policy-making powers equal to Annual of the Executive who has sought the Conference. permission of the Secretary/Treasurer with at least 24 hours notice to (b) The Policy Conference shall not have the teleconference with the Executive. power to elect the Ofcials and Delegates in 4(a)(iii). This power shall rest solely (g) The Executive must meet at least once with the Annual Conference. within any three month period. DELEGATES 8. YOUNG LABOR REVIEW COMMITTEE POWERS (c) The Policy Conference shall consist of the delegates to the most recent Annual (a) The Young Labor Review Committee Conference. deals with issues relating to:

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(i) Credentials; MEETINGS (ii) Disputes; and (d) The Young Labor Policy Platform, Rules and Agendas Committee will meet from (iii) Any matters referred to it by the time to time as required. Executive, except that the Executive cannot refer matters that are within the purview of the Young Labor Part Five: Branches Policy Platform, Rules and Agendas 10. YOUNG LABOR ASSOCIATIONS – Committee. PROCEDURE OPERATION MEMBERSHIP (a) Young Labor Associations (YLAs) shall (b) The Young Labor Review Committee shall be branches of NSW Young Labor, and consist of members appointed by the shall seek to fulﬁl the objectives of Young Party Ofcers from time to time. Labor at a local level. MEETINGS (b) Except as provided in this Schedule, the Rules and procedures of the Party (c) The Young Labor Review Committee will concerning Branches shall apply to YLAs meet from time to time as required. in respect of registration, transferring, (d) Decisions of the Young Labor Review credentialing, notice, meetings (including Committee are subject to and can be the annual meeting), elections, executive, superseded by any decision of the ofcers and other matters. relevant NSW Branch ALP Machinery MEMBERSHIP Committee. (c) The membership of a YLA shall consist (e) Where a decision of the Young Labor of those Party members who have been Review Committee is inconsistent with a admitted to a YLA by registration. decision of the relevant NSW Branch ALP Machinery Committee, the decision of (d) YLA members and those wanting to the relevant NSW Branch ALP Machinery register with a YLA must: Committee shall prevail to the extent of (i) Satisfy the criteria in 2(a); and the inconsistency. (ii) Live within the boundaries of the YLA. 9. YOUNG LABOR POLICY PLATFORM, RULES AND AGENDAS COMMITTEE (e) A new member of the Party who satisﬁes the criteria in 10(d) will be informed POWERS about his/her YLA. The Secretary of the (a) The Young Labor Policy Platform, Rules local YLA is told when a new member and Agendas Committee may: satisfying the criteria in 10(d) joins the Party. (i) Review all agenda items submitted for Annual Conference, Policy Conference, MEETINGS and Rural and Regional Conference; (f) The YLA Secretary shall: (ii) Accept submissions from any Party (i) Notify each YLA member by circular member, Young Labor Association, of the time, date and venue of a YLA afliated trade union or other Party meeting at least seven (7) days prior to Unit regarding the determination of the meeting; and recommendations; and (ii) Notify the Young Labor Secretary at (iii) Determine recommendations on agenda least fourteen (14) days prior to the items. meeting of the time, date and venue of (b) The Committee will state the reasons for a YLA meeting. its decisions. (g) The Young Labor Secretary may: MEMBERSHIP (i) Include notice of the meeting in the (c) The Young Labor Policy Platform, Rules Young Labor Journal or equivalent and Agendas Committee shall consist of mechanism; and the Young Labor Ofcers. (ii) Where possible, notify persons satisfying the criteria in 10(d) by circular

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or the Young Labor website. formation meeting shall be given to the General Secretary and to the Secretary (h) YLAs can send correspondence to any of the State Electorate Council(s) within FEC, SEC or LGC within the boundaries of the proposed boundaries. the YLA. (iv) The Ofcers shall appoint a (i) If a meeting has not been called in the representative to act as Returning previous three (3) months, the Executive Ofcer and credential the intending may call a meeting of the YLA. members at the formation and charter AGMs meetings. (j) YLAs shall hold an Annual General (v) The assembled formation meeting Meeting prior to June 30 each year. consisting of at least fifteen (15) eligible persons shall accept the platform and (k) The Young Labor Review Committee may constitution of the Party and Young appoint a representative to act as the Labor and resolve to establish a YLA. Returning Ofcer for the Annual General Meeting. (vi) The meeting should then elect a President (for the time being) and a (l) At its Annual General Meeting, a YLA shall Secretary (for the time being). elect: (vii) The President and Secretary should fill (i) Ofce Bearers of the YLA; in the Form of Declaration and send it (ii) Delegates and Alternate Delegates to to the Young Labor Secretary. A copy Young Labor Conference; should also be sent to the General (iii) The YLA Representative to the Young Secretary. Labor Executive; and (b) The Executive representative at the (iv) One (1) non-voting delegate to formation meeting shall report to the each FEC, SEC and LGC within the Young Labor Executive the: boundaries of the YLA. These delegates (i) Date and place of the formation are elected by all members who can meeting; and vote in the YLA but must themselves (ii) List of eligible members present at the live in the electorate for which they are formation meeting. elected. (c) If a proposed YLA satisfies the criteria 11. YOUNG LABOR ASSOCIATIONS – in subsection (a), the Executive shall FORMATION recommend to the NSW Branch (a) To form a YLA the following procedures Administrative Committee that the YLA shall be followed: be issued with a Charter. The Executive (i) An application shall made to the shall recommend to the NSW Branch Secretary of Young Labor at least one Administrative Committee the boundaries month in advance of the intended to be set for the YLA based on State formation meeting by three members electorate boundaries. of the Party fulfilling 10(d). The Young (d) The NSW Branch Administrative Labor Executive or Ofcers shall Committee may decide, at its absolute appoint a representative to chair the discretion, to grant, alter or withdraw the formation meeting. The boundaries Charter of any or all YLAs. in the application shall be based on 12. YOUNG LABOR YOUTH COUNCIL specific State electorates which shall be named. PURPOSE (ii) A formation meeting should be called (a) The purpose of the Young Labor Youth and advertised in the ofcial journal Council (Council) is to facilitate policy of the Party, Young Labor Journal or a development and discussion between local newspaper. At least two (2) week’s conferences. notice of the meeting shall be given in MEMBERSHIP the advertisement. (b) Any Party member who satisfies the (iii) At least one month’s notice of the

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criteria in 2(a) may: (c) The Executive cannot increase the number of Policy Caucuses without the (i) Attend the Council; and permission of the Annual Conference, (ii) Register as a voting delegate. Policy Conference, NSW Branch Administrative Committee or NSW Branch (c) The Executive may, by a resolution of the Annual Conference. Executive, permit other participants of the Council to register as voting delegates. (d) Decisions of Policy Caucuses shall be referred to Annual Conference, Policy (d) Only delegates registered under Conference and/ or Rural and Regional subsections (b) or (c) may vote on Conference. motions. MEMBERSHIP (e) Members of afliated trade unions satisfying the criteria in 2(a) may attend (e) The Ofcers of each Policy Caucus shall the Council as non- voting delegates. be elected by Annual Conference and include a: (f) The Executive or Ofcers may, at their discretion, permit persons satisfying the (i) Chair and Deputy Chair, to be elected in criteria in 2(a) to attend as observers. a single ballot; and MEETINGS (ii) Secretary. (g) The Council will hold meetings in both the (f) Any Party member who satisfies the Sydney Central Business District and other criteria in 2(a) may: areas. Each meeting shall focus on one (i) Attend a Policy Caucus; and policy issue or area. (ii) Register as a voting delegate. (h) A Council meeting is only deemed to take place if a quorum of fifteen (15) voting (g) The Executive shall be registered voting delegates, including five (5) members delegates of every Policy Caucus. of the Executive, is present. If a quorum (h) The Ofcers of each Policy Caucus shall is not established after 30 minutes the be registered voting delegates of the meeting is deemed not to have taken Policy Caucus for which they are an place. The quorum must be maintained Ofcer. at all times during the period in which the attendance book is open for signature. (i) Members of afliated trade unions satisfying the criteria in 2(a) may attend a (i) The Young Labor Ofcers shall be the Policy Caucus as non-voting delegates. Ofcers of the Council. MEETINGS (j) The Council does not hold an Annual General Meeting, elect ofce bearers, send (j) The Policy Caucus Secretary shall: delegates to conferences or electorate (i) Notify each Policy Caucus member by councils, or have special meetings. circular of the time, date and venue of a (k) The Council will meet four times a year Policy Caucus meeting at least seven (7) with one meeting each year to be held days prior to the meeting; and outside the Sydney CBD area. (ii) Notify the Young Labor Secretary at (l) The Executive shall adopt procedures to least fourteen (14) days prior to the facilitate the business of the Council. meeting of the time, date and venue of a Policy Caucus meeting. (m) Decisions of the Council shall be referred to Annual Conference, Policy Conference (k) The Young Labor Secretary shall: and/or Rural and Regional Conference. (i) Include notice of the meeting in the 13. POLICY CAUCUSES OPERATION Young Labor Journal; and (a) Annual Conference may elect Policy (ii) Where possible, provide notice on the Caucus(es) from time to time. Young Labor website. (b) The Executive determines and may alter (l) An ofcial meeting of any Policy Caucus the areas of responsibility for each Policy can only take place when at least seven Caucus. (7) delegates are present.

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(m) A Policy Caucus may hold a public University Networks in respect of meeting, but before doing so, it must registration, transferring, credentialing, obtain the approval of the Executive. notice, meetings (including the annual meeting), elections, executive, ofcers (n) Decisions of a Policy Caucus shall be and other matters. referred to Annual Conference, Policy Conference and/or Rural and Regional MEMBERSHIP Conference. (c) The membership of a University Network (o) Reports of Policy Caucuses are presented shall consist of those Party members to Annual Conference and Policy who have been admitted to a University Conference by the person who is Chair of Network by registration. each Caucus. (d) University Network members and those (p) Policy Caucuses prepare reports which wanting to register with a University are printed and circulated to YLAs Network must: and afliated trade unions as soon as (i) Be an enrolled student and/or employee practicable. of the University covered by a University (q) Policy Caucuses are required to hold at Network; and least two meetings each year. (ii) Satisfy the criteria in 2(a). (r) A Policy Caucus may hold a meeting in MEETINGS conjunction with the Young Labor Youth Council, but must seek permission from (e) The University Network Secretary shall: the NSW Young Labor Executive (i) Notify each University Network member 14. NSW YOUNG LABOR NETWORKS by circular of the time, date and venue of a University Network meeting at least (a) The NSW Young Labor Executive may seven (7) days prior to the meeting; and establish or abolish NSW Young Labor Networks. (ii) Notify the Young Labor Secretary at least fourteen (14) days prior to the (b) NSW Young Labor Networks are to meeting of the time, date and venue of provide an opportunity for groups within a University Network meeting. our community to engage with the youth wing of the Labor Party. (f) The Young Labor Secretary shall: (c) NSW Young Labor Networks are to (i) Include notice of the meeting in the support the objectives and principles of Young Labor Journal; the Party and NSW Young Labor. (ii) Where possible, notify persons (d) The NSW Young Labor executive has the satisfying the criteria in 14(d) by circular discretion to deﬁne and clarify who can or the Young Labor website. be a member of a NSW Young Labor AGMs Network. (g) University Networks shall hold an Annual (e) The procedure and structure of a Network General Meeting prior to June 30 each is to be established in consultation and year. at the direction of the NSW Young Labor Executive. (h) The Young Labor Review Committee may appoint a representative to act as the 15. YOUNG LABOR UNIVERSITY NETWORKS – Returning Ofcer for the Annual General PROCEDURE OPERATION Meeting. At its Annual General Meeting, a (a) Young Labor University Networks University Network shall elect: (University Networks) shall be branches (i) Ofce Bearers of the University of NSW Young Labor and shall seek to Network; and fulﬁl the objectives of Young Labor at a university and campus level. (ii) Delegates and Alternate Delegates to Young Labor Conference. (b) Except as provided in this Schedule, the Rules and procedures of the Party 16. YOUNG LABOR UNIVERSITY NETWORKS – concerning Branches shall apply to FORMATION

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(a) To form a University Network the Branch Administrative Committee that following procedures shall be followed: the University Network be issued with a charter, or not to recommend it be issued (i) An application shall made to the with a Charter, at its absolute discretion. Secretary of Young Labor at least one month in advance of the intended (d) The NSW Branch Administrative formation meeting by three members Committee may decide, at its absolute of the Party fulfilling 14(d). The Young discretion, to grant, alter or withdraw Labor Executive or Ofcers shall the Charter of any or all Young Labor appoint a representative to chair the University Networks. formation meeting. The application must name the University proposed to Part Six: Communications be covered by the University Network. 17. YOUNG LABOR JOURNAL (ii) A formation meeting should be called and advertised in the ofcial journal (a) NSW Young Labor shall circulate a journal of the Party, Young Labor Journal or a once per week where this is practicable. local newspaper. At least two (2) week’s (b) As well as any matters decided by the notice of the meeting shall be given in Executive, the Journal will contain notice the advertisement. of meetings of: (iii) At least one month’s notice of the (i) Annual Conference, Policy Conference formation meeting shall be given to the or Rural and Regional Conference; General Secretary. (ii) YLAs; (iv) The Ofcers shall appoint a (iii) Young Labor Council; representative to act as Returning Ofcer and credential the intending (iv) Policy Caucuses; and members at the formation and charter (v) University Networks meetings. 18. YOUNG LABOR WEBSITE (v) The assembled formation meeting consisting of at least fifteen (15) eligible (a) NSW Young Labor may, with the approval persons shall accept the platform and of the Party Ofcers, establish a Home constitution of the Party and Young Page / Website or online interface Labor and resolve to establish a representing NSW Young Labor, provided University Network. this material is consistent with Party Rules and Policy. (vi) The meeting should then elect a President (for the time being) and a Secretary (for the time being). Part Seven: Miscellaneous (vii) The President and Secretary should fill 19. MISCELLANEOUS in the Form of Declaration and send it (a) NSW Young Labor shall be under the to the Young Labor Secretary. A copy control and direction of the NSW Branch should also be sent to the General Administrative Committee and shall be Secretary. responsible to that body. (b) The Executive Representative at the (b) All Branches referred to in Part Five shall formation meeting shall report to the be under the control and direction of the Young Labor Executive the: Executive. (i) Date and place of the formation (c) Before 1 July in each year the General meeting; and Secretary gives to each YLA a part of (ii) List of eligible members present at the the membership fees for their registered formation meeting. membership. The amount shall be set, from time to time, by the NSW Branch (c) If a proposed University Network Administrative Committee. satisfies the procedure in subsection (a), the Executive shall then consider the (d) The Young Labor President and/or application for formation. The Executive Secretary shall be the only persons to may decide to recommend to the NSW make public statements, subject to the

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following: SCHEDULE K (i) The statement is authorised by the Executive; and Constitution of Country Labor (ii) The statement is not in contravention of 1. OBJECTIVES Party Policy. (a) To advocate policies within the Labor (e) All media statements, publications and movement which are of concern to campaign activities undertaken by Labor’s country constituency. Committees referred to in Part Four and (b) To support Labor’s objectives and Branches referred to in Part Five shall platform and in doing so educate require permission from the Ofcers or members of Country Labor and trade Executive, and advance notification shall unions. be given to the Young Labor Secretary of any such statements, publications or (c) To endorse candidates for election to activities. public ofce at a national, state and local level. (f) Any member of the Executive or the NSW Branch Administrative Committee (d) To publish material of any kind, whether may attend and speak at Conferences written, audio or visual, that may assist in of Young Labor and meetings of YLAs, achieving the above objectives. Young Labor Council, Policy Caucuses or 2. COMPOSITION University Networks, but shall not vote unless a delegate to that Conference or (a) Country Labor is made up of: Trade Party Unit. unions afliated with the NSW ALP; and (g) Unless otherwise expressly stated in this (b) Individual members of the NSW ALP who Schedule, the Rules of the Australian live in a country area. Labor Party (NSW Branch) shall apply in 3. COUNTRY LABOR CONFERENCE matters concerning NSW Young Labor. (a) The Country Labor Conference is held at 20. ALTERATION OF SCHEDULE a time each year and in a country area (a) This Schedule may only be altered by the decided by the NSW ALP Administrative NSW Branch Annual Conference or the NSW Committee. Branch Administrative Committee. (b) The Country Labor Committee is (b) By-laws may be set from time to time by the responsible for arranging the Country Executive for ratification by the NSW Branch Labor Conference. The Country Labor Administrative Committee providing these Committee works out the agenda and by-laws do not contravene or contradict any recommends a meeting place to the Rules in this Schedule. Administrative Committee. (c) Young Labor may propose an alteration This recommendation is not binding. to this Schedule if the proposed alteration (c) Before 15 February each year the ALP receives the approval of Annual Conference (NSW Branch) General Secretary will and is circulated at least fourteen (14) days send out a circular to all ALP Party Units, in advance of the Annual Conference to including SECs, FECs and afliated trade delegates, YLAs, University Networks and unions, inviting them to submit items for afliated trade union. the Country Conference agenda. Any agenda items must be in the hand so of the ALP (NSW Branch) General Secretary twenty-eight days before the Conference begins. Country items will come first on the agenda. (d) The Chair and Secretary of the Country Labor Conference will be the Chair and Secretary of the Country Labor Committee. (e) The Country Labor Conference is made

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up of: (i) Members of the House of Representatives and NSW Legislative (i) Three delegates from each country SEC Assembly who represent NSW country of the NSW ALP. areas. (ii) Three delegates from each country FEC (ii) Members of the Senate and the NSW of the NSW ALP. Legislative Council who live in NSW (iii) Up to three delegates from each union country areas. Other MPs can attend afliated with the NSW ALP provided and speak at the Conference but cannot that they live in the country [see 3(g)]. vote unless they are representing an SEC, FEC or afliated trade union. (iv) Country Members of Parliament [see 3(j)] 3. COUNTRY LABOR COMMITTEE (v) Members of the Administrative (a) The Country Labor Committee consists of: Committee who live in country areas. (i) A Chair; (vi) Members of the Country Labor (ii) A Deputy Chair; Committee. (iii) A Secretary; and (vii) Four delegates from NSW Young Labor, provided that they live in the country. (iv) The Country Labor Organiser; and The Administrative Committee decides (iv) Fifteen members. what is meant by the term “country” in (b) The Annual Conference elects the Country this Constitution. Labor Committee. (f) Delegates to the Country Labor (c) The Chair and Deputy Chair must be Conference are elected for just that elected in a single ballot. The ﬁrst elected Conference and can be diferent is the Chair and the second elected is the delegates from the Party Units’ delegates Deputy Chair. to the NSW ALP Annual Conference. (d) A meeting of the Country Labor (g) Each year the Administrative Committee Committee may take place only when a decides on the number of delegates majority of members, including at least from trade unions afliated to the NSW one NSW ALP Party Ofcer, are present. Branch of the Australian Labor Party at the Country Labor Conference. The (e) The Country Labor Committee is maximum number of delegates per union responsible for: is three [see Rule 3(e)(iii)]. The size of a (i) Implementing Country Labor’s union’s delegation at the Country Labor objectives as set out in Section R Conference will be directly proportional to and this Schedule; membership. (ii) Making recommendations to (h) It is the right of each union to determine the Conference Policy and Agenda the criteria and procedures for selection Committee regarding of its delegates in accordance with these policy motions afecting country rules, subject to those delegates being areas submitted to Annual members of that union and ﬁnancial Conference; and members of the NSW Branch of the Australian Labor Party. (iii) Organising the Country Labor Conference, including deciding (i) Not less than the “minimum percentage” the agenda and order of business, of a union’s delegation to the Country and making recommendations to Labor Conference must be women. Country Labor Conference Provided that if the level of male or female regarding policy motions membership of a union is less than “ the submitted to Country Labor minimum percentage”, the minimum Conference. representation must be set at that level. 4. MISCELLANEOUS (j) The following ALP Members of Parliament can attend the Country Labor Conference (a) Country Labor shall be under the control as full delegates: and direction of the Administrative

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Committee and shall be responsible to SCHEDULE L that body.

(b) The ALP NSW Branch Administrative Women’s Participation Committee is responsible for the The NSW Branch supports the increased management and administration of participation and activism of women in the ALP and Country Labor in in public ofce. between meetings of Annual Conference. 1. PRINCIPLES (c) The Secretary of Country Labor is the General Secretary of the Australian Labor In order to create the environment necessary Party (NSW Branch). The registered to achieve this, the following principles have ofcer and deputy registered ofcer will been adopted: be determined by the General Secretary in (a) Accessibility of Meetings consultation with the Party Ofcers. Meetings of branches and other Party (d) The spokesperson for Country Labor forums should be held in venues that are is the Chair of the Country Labor accessible and appropriate to encourage Committee. the participation of women, including The Country Labor spokesperson shall women who are too young to enter be the only person(s) to make public licensed premises or parents who may statements, subject to the following: need to bring their children with them to meetings. Unless unavoidable, meetings (i) The statement is authorised by the should not be held in licensed premises Executive. or in non-ground ﬂoor premises unless (ii) The statement is not in ramps or lifts are available. The timing of contravention of ALP policy. meetings should also take into account (iii) The statement may concern the the reluctance of some women and older activities of Country Labor. members to attend meetings held late at night. (f) Any member of the NSW ALP Administrative Committee may attend Wherever possible, branch members and speak at the Country Labor should be consulted about the regular Conference, but shall not vote unless a time, date and venue of meetings. There delegate to that Conference. should be as much advance notice of meetings as possible. This allows those (g) Unless otherwise speciﬁcally stated in this with child and family responsibilities to Constitution, the Rules of the Australian make appropriate arrangements to attend. Labor Party – NSW Branch shall apply in all matters concerning Country Labor. (b) Meeting Conduct (h) The NSW Administrative Committee Persons chairing meetings should try to will be responsible for the preselection ensure a gender balance when calling and endorsement of Country Labor speakers and should be alert to the need candidates at the Federal, State and Local to encourage new speakers, particularly Government levels. women, to participate in debates. Sexist language will not be tolerated from Branch members or Branch and Party 7. ALTERATION OF CONSTITUTION Ofcials at meetings or other Party forums. Sexist language is language which (a) This Constitution may only be altered by excludes or denigrates women on the the NSW ALP Annual Conference. basis of their gender, or falsely assumes all (b) Country Labor may propose an alteration people are men. to this Constitution if the proposed (c) Provision of Child Care alteration receives the approval of the Country Labor Conference and is Child care facilities must be provided at all circulated for at least fourteen days in Party Conferences, Regional Assemblies, advance of the Country Labor Conference at training seminars or forums where to delegates, country ALP SECs and FECs adequate notice is given of the need for and afliated unions. child care.

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All Party Units and meetings should make welcome parents with children. (d) Harassment and Intimidation Harassment and intimidation is contrary to the Party’s commitment to social justice and will not be tolerated in any Party meeting or forum. All members should be able to participate in a wide range of activities in the Party free from the fear of harassment and intimidation. The Executives of all Party Units are responsible for ensuring an environment free of any form of harassment or intimidation. Harassment and intimidation is unwelcome, unsolicited and usually unreciprocated behaviour by one member to another member or members. This behaviour:

n targets the other member’s status and gives the other member reasonable cause to feel ofended, humiliated or intimidated;

n can create a frightening, hostile, ofensive or distressing environment;

n may be based on some real or perceived attribute or diference, including gender, race, disability, sexual preference, age, status as a parent and spiritual belief;

n can lead to a loss of members both those who observe this behaviour as well as those directly involved; or

n can cause members to transfer to other branches or cease their involvement in or support for the ALP. Members who harass or intimidate other members may be charged and subject to disciplinary action by the Administrative Committee.

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