NSW Labor State Conference 2016

STATE CONFERENCE 2016

CONTENTS

Introduction ...... 2

Standing Orders for the 2016 State Conference ...... 3

Administrative Committee Members ...... 4

Conference Officers...... 6

Members of Party Tribunals and Ombudsman ...... 7

Members of Policy Committees ...... 8

Members of Party Machinery Committees ...... 10

Changes to Membership of Committees ...... 12

Administrative Committee Report to 2016 Conference ...... 14

Review Into the NSW Administrative Committee and Finance Committee and Other Matters ...... 23

Review Tribunal Report ...... 31

Internal Appeals Tribunal Report ...... 66

Requests for Continuity Considered by Review Tribunal ...... 104

Rules Report ...... 120

A6(c) Report ...... 154

Central Policy Branch Report...... 158

NSW Labor Women’s Forum Conference Report 2016 ...... 160

Young Labor Report February 2016 ...... 162

Life Membership Nominations ...... 164

Financial Statements for Year Ended 30 June 2015 ...... 165

POLICY CAUCUSES ...... 186-301

A Healthy Society Policy Caucus ...... 186

Australia In the World Policy Caucus ...... 193

Building Sustainable Communities Caucus ...... 204

Education and Skills Policy Caucus ...... 228

Indigenous People and Reconciliation Caucus ...... 237

Our Economic Future Policy Caucus ...... 243

Prosperity and Fairness at Work Policy Caucus ...... 253

Social Justice and Legal Affairs Committee Report ...... 264

Country Labor Committee Report ...... 278

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INTRODUCTION

The 2016 NSW Labor State Conference will provide our Party’s Leaders the opportunity to outline NSW Labor’s positive vision for NSW in the lead up to the 2016 Federal Election. This is an exciting time for NSW Labor and we look forward to continuing to work with the rank-and-file Labor members and affiliated trade union members who make our Party so strong.

Organising to win Our Federal Members of Parliament and Labor Candidates are working hard to communicate Labor’s message across NSW. Our new NSW State Field Directors have undergone a month of vigorous and intensive training. This model of training is the first of its kind for the Labor Party. With this new generation of grassroots activists, I know that NSW Labor will be ready for the fight ahead.

A Party of ideas This year’s policy book includes motions from hundreds of Party Units. Thank you to those who have contributed and particularly to the members of our newly reformed Policy Committees, who have actively engaged with community members, experts, parliamentarians and policy makers to ensure that the reports we will be debating are informed, considered and practical.

A stronger Labor Party for the future The 2016 NSW Labor Rules report aims to grow and further engage our membership. The members of the Rules Committee have been working hard to produce a series of recommendations to improve the governance and the culture of our Party. With recommendations to increase our Affirmative Action targets, provide avenues for increased Indigenous representation across all levels of the party, and improve transparency across the Party, together we will create a stronger and more vibrant movement. Labor is the Party of fairness, opportunity and equality and we look forward to this State Conference as we fight for these values and build a stronger Labor Party for the future.

Kaila Murnain ACTING GENERAL SECRETARY

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STANDING ORDERS FOR THE 2016 CONFERENCE

The following Standing Orders shall apply for the Conference: a) A quorum shall consist of not less than 340 Delegates. b) The time for discussion shall be limited to 30 minutes for each question unless time is extended by express resolution of Conference. The original speaker moving the motion to have 5 minutes and each succeeding speaker 3 minutes. c) The time taken by the person presenting a Report is not included in the time for discussion. The time for moving a Policy Committee Report shall be limited to 7 minutes and any extension of time is limited to 5 minutes. d) The first Delegate to attract the attention of the President (or Presiding Officer) shall have precedence in speaking. e) Delegates addressing the Conference shall direct their remarks to the President (or Presiding Officer) and remain standing. Delegates shall not use any provoking or discourteous expressions which are calculated to disturb the peaceful current of the debate. f) Any number of amendments may be moved and discussed simultaneously with the motion. The amendment shall be submitted to a vote of Conference in their respective numerical order. Amendments to any specific Report shall be handed to the Chair or Amendments Table, in writing, at least two Reports prior to consideration of the Report in which the amendments are to be debated. g) An amendment can only be accepted by the relevant Committee if the Committee is unanimous. If the Committee is in disagreement, it may advise the Conference of its decision by way of recommendation. h) In the Industrial Relations Policy Debate where an amendment is supported by the Industrial Relations Policy Committee, only the mover shall speak and the motion shall be formally seconded. i) When a motion has been moved and seconded, the President (or Presiding Officer) shall at once proceed to take the vote unless a Delegate rises to oppose it or to propose an amendment. No more than two Delegates shall speak in succession on one side either for or against any question before the Conference and if at the conclusion of the second speaker’s remarks no Delegate rises to speak on the other side the motion or amendment shall be put at once to the Conference. It shall be in order to move without Discussion: “That the question be now put” which, on being duly seconded and carried, shall entail the submission of the motion at once to the Conference, after the mover has replied. j) Any Delegate may move the Suspension of the Standing Orders to discuss a definite matter of urgent public importance not included in the Agenda paper, provided that only one such Suspension of the Standing Orders shall be allowed each day. Such motion for suspension must be handed in writing to the President for consideration by the Agenda Committee, which shall report on same to the next Session of Conference. k) No Delegate shall speak more than once on the same motion, except by permission of Conference; the mover of the motion only shall have the privilege of reply, limited to 3 minutes, after which the motion shall be forthwith put to Conference. l) Questions of Order shall be decided by the President (or Presiding Officer), whose rule shall be final unless it is immediately challenged by a formal motion submitted to the Conference. m) Any Delegate who has been called to order three times during one Session by the President (or Presiding Officer) may, by the direction of the President (or Presiding Officer), be excluded from the current Session: and on being guilty of another breach of order, such Delegate shall not be allowed to take his or her seat at Conference. n) All Delegates to Conference must be seated in the body of the hall unless invited by the President to take their seats on the platform. o) All changes in delegations shall be registered at the credentialling desk prior to the Delegate concerned entering the meeting hall. p) Notwithstanding the requirements set out herein for Standing Orders, the State Parliamentary Leader, Federal Parliamentary Leader, or other person may address the Conference at any time at the discretion of the President. q) Annual Conference shall deal with a minimum of six chapters of the Conference Policy and Agenda Committee Report. r) The Sessions for Conference shall be in the following times: Saturday: 9.00am – 6.30pm Sunday: 9.00am – 6.00pm

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ADMINISTRATIVE COMMITTEE MEMBERS

President Mark Lennon (Willoughby Castlecrag) USU

Senior Vice-President Tara Moriarty (Bondi) Liquor and Hospitality Division, United Voice

Junior Vice-Presidents Deborah O’Neill (Kincumber) NTEU Mark Boyd (Auburn Lidcombe United) United Voice

Acting General Secretary Kaila Murnain (Rosebery Branch) USU

Assistant General Secretaries John Graham (Redfern Redfern East) FSU VACANCY

Parliamentary Representatives Chris Hayes MP representing the Leader of the Federal Parliamentary Labor Party The Hon Shaoquett Moselmane MLC representing the Leader of the State Parliamentary Labor Party

Administrative Committee Members Michael Aird (Arncliffe Wolli Creek) TWU Gerry Ambroisine (Tweed Coast) PSA Kirsten Andrews (Brighton le Sands) CPSU Tim Ayres (Trevor Davies) AMWU Cherie Burton (Kingsgrove) Steve Butler (Dee Why) ETU Alex Claassens (Mount Druitt) RTBU Russ Collison (Penrith) AWU Anthony D’Adam (Auburn) ISU Jo-Ann Davidson (Alexandria) FAAA Geoff Derrick (Blaxland Glenbrook) FSU Gerard Dwyer (Ryde) SDA Verity Firth (Glebe) AMWU Michael Forshaw (Yarrawarrah) Emma Husar (Penrith) Johno Johnson (Maroubra) SDA Graeme Kelly (Engadine) USU Grahame Kelly (Singleton) CFMEU Natalie Lang (Blaxland Glenbrook) ASU Rita Mallia (Trevor Davies) CFMEU Karen McKeown (Emu Plains) ASU Jim Metcher (Mulock Nepean) CEPU

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Administrative Committee Members (continued) Mark Morey (Ashbury) RTBU Barbara Nebart (Charlestown) SDA Damian Ogden (Ingleburn Macquarie Fields) United Voice Simonne Pengelly (Newcastle) CPSU Todd Pinkerton (Prospect) TWU Jan Primrose (The Hills) ASU Paul Sekfy (Nambucca River) ASU Tony Sheldon (Chipping Norton Wattle Grove) TWU Ausseela Thanapongsakorn (Burwood) Pamela Ward (Narrabeen Pittwater) NSWTF Sue West (Bathurst) Monika Wheeler (Byron Bay) Luke Whitington (Rydalmere) United Voice Mal Tulloch (Narrabeen Pittwater) CFMEU

Independent Directors Dr John Tarrant David Tierney Lucy Maneering

Administrative Committee Proxies Stephen Bali Michael Buckland Sarah Conway Melanie Gatfield Chris Haviland Paul Reid Amy Smith TWO VACANCIES

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CONFERENCE OFFICERS

TIME KEEPERS SCRUTINEERS

■ Kayee Griffin ■ Todd Pinkerton

■ Melanie Tesoriero ■ Jennifer Light

■ Lewis Hamilton MINUTE SECRETARIES ■ George Houssos ■ Trish Marinozzi ■ Sarah Coward ■ Adrian Wong ■ Ausseela Thanapongsakorn TELLERS ■ Jack Power ■ Salim Barber ■ Dorothy Rapisardi ■ Paul Reid ■ Jordan Nagel ■ Michael Buckland ■ Maurie Campbell ■ Crystal Validakis ■ Alex Morrison ■ Mel Gatfield ■ Casey Thompson ■ Charishma Kaliyanda ■ Donovan Harris ■ George Simon ■ Jan Primrose ■ Jan Primrose ■ Amy Smith

■ Daniel Barbar

■ David Pink

■ Michael Butterworth

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MEMBERS OF PARTY TRIBUNALS AND OMBUDSMAN

INTERNAL APPEALS TRIBUNAL PARTY OMBUDSMAN Chair Gerald Ng Ombudsman Ursula Stephens Deputy Chair Dominique Tubier Deputy Ombudsman Daryl Melham Members Robert Allen Mark Gibian Robyn Hakelis Associate Members Katie Ford Alex Grayson Nick McIntosh

REVIEW TRIBUNAL Chair The Hon Greg James QC Deputy Chair The Hon Tricia Kavanagh Members Phil Boulten SC Kirk McKenzie The Hon Carmel Tebbutt Associate Members Michael Bailey Emma Maiden Rebecca Mifsud

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MEMBERS OF POLICY COMMITTEES

ECONOMICS POLICY COMMITTEE HEALTH POLICY COMMITTEE Chair Roger Lucas Chair Adam Hall Deputy Chair Luke Whitington Deputy Chair Linda Kelly Secretary Chris Brereton Secretary Bettina McMahon Members Simonne Pengelly Members Michael Butterworth Kirk McKenzie Vivienne Moxham-Hall Michael Tull Dorothy Rapisardi Cassandra Wilkinson Loretta Baker Tom Skladzien Owen Torpy Peter Hayes Andrew McDonald Andrew Zbik Michelle Cashman Judith Burfoot Felicity Smithson Polo Guilbert-Wright David Keegan Bernard Govin Thomas Hoffman

EDUCATION POLICY COMMITTEE INDIGENOUS POLICY COMMITTEE Chair Vacancy Chair Meryl Dillon Deputy Chair Declan Clausen Deputy Chair David Voltz Secretary Narelle Rich Secretary Craig Ashby Members Christina Curry Members Crystal Validakis Mitchell Worsley Garth Morrison Emma Husar Michelle Miran Pam Smith Joanne Kerr Adam Shultz Rebel Hanlon Frank Chiment Patrick Batchelor Donherra Walmsley Aisha Amjad Melanie Tesoriero Chris Snewin John Gelling Sarah Coward Steven Moore Blake Mooney

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INDUSTRIAL RELATIONS COMMITTEE SOCIAL JUSTICE AND LEGAL AFFAIRS Chair Bernie Smith POLICY COMMITTEE Chair Radmila Noveska Deputy Chair Anthony D’Adam Deputy Chair Monika Wheeler Secretary Tara Moriarty Members Maryn Sullivan Members Tim Ayres Tom Hollywood Steven Butler Justin Mining Felicity Orme Eamon Waterford Graeme Kelly Angus McFarland David McElrea Rachel Garcia Jessica Malnersic Stuart Barnett Glenn Seton Gayle Barbagallo Julia Angrisano Ejaz Khan Mark Morey Angela Rock Rita Mallia Robert Tonkli INDUSTRIAL RELATIONS POLICY COMMITTEE SUSTAINABLE COMMUNITIES Chair Mike Forshaw POLICY COMMITTEE Chair Alex Claassens Deputy Chair Joy Kyriacou Deputy Chair Linda Scott Secretary Richard Mehrtens Members Phoebe Drake Members Balaji Venkatarangan Vivien Thomson Jordan Nagel Erin Watt Trent Murray Sali Nethery Greg Holland Will Wood Daney Faddoul Elija Perrier Anna York Paul Reid Sally Sitou David Bliss Mustafa Khodr Agha Kathryn Landsberry Barbara Nebart David Brigden Harish Velji Khaldoun Asfour

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MEMBERS OF PARTY MACHINERY COMMITTEES

FINANCE COMMITTEE Treasurer Johno Johnson Members Ian McCarthy Michael Buckland Pamela Ward Wendy Waller One vacancy Administrative Committee Representatives Mark Lennon Two vacancies

TRUSTEES John Birch Marilyn Dodkin Ken Murray

RULES COMMITTEE Robert Allen Jan Burnswoods Ben Aveling Anthony D’Adam George Houssos Ben McElrea Hannah Quadrio Janai Tabbernor Talal Yassine

WOMEN’S FORUM Chair Elizabeth Scully Deputy Chair Amy Smith Secretary Danielle Bevins-Sundvall Members Narelle Rich Victoria Brookman Ausseela Thanapongsakorn Karen McKeown Janai Tabbernor Vivien Moxham Hall Prue Car

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Linda Kelly Aisha Amjad Nicole Campbell Kirsten Andrews Jade Tyrrell Anne Bali Trish Marinozzi Alison Thyer

RECRUITMENT, ORGANISING AND TRAINING COMMITTEE David Bliss Tamsin Lloyd Ashleigh Mullaly George Simon Paul Reid Kyle McGregor Romola Hollywood Charishma Kaliyanda Julie Giffiths Cherie Burton Pat Garcia

GENERAL RETURNING OFFICER Vacant

ASSISTANT GENERAL RETURNING OFFICERS Janai Tabbernor Robert Herlinger Richard Mehrtens Fiona Seaton Aaron Duke Donovan Harris Luna Zivadinovic Ed McDougall

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CHANGES TO MEMBERSHIP OF COMMITTEES (SINCE THE LAST CONFERENCE HELD IN JULY 2014)

a. 8 August 2014: Michael Forshaw resigned as an Associate Member of the Review Tribunal. b. 5 September 2014: Mike Bailey was appointed as an Associate Member of the Review Tribunal. c. 5 September 2014: Hugh McDermott resigned as a member of the Finance Committee. d. 10 October 2014: John Hatzistergos resigned as Party Ombudsman. e. 10 October 2014: Paul Pearce resigned as Deputy Party Ombudsman. f. 10 October 2014: Wayne Forno resigned as a member of the Administrative Committee. g. 10 October 2014: Davina Langton resigned as a member of the Administrative Committee. h. 10 October 2014: Vivien Thomson resigned as an Independent Director and EOIs were called for the position. i. 10 October 2014: Stephen Bali was appointed to the Finance Committee. j. 7 November 2014: Michael Aird has been appointed to the Administrative Committee. k. 7 November 2014: Cherie Burton has been appointed to the Administrative Committee. l. 7 November 2014: Davina Langton resigned as a representative of the Administrative Committee to the Finance Committee. m. 12 December 2014: Elizabeth Scully was appointed as a representative of the Administrative Committee to the Finance Committee. n. 6 February 2015: Elizabeth Scully has resigned as a member of the Administrative Committee and as an Administrative Committee representative to the Finance committee. o. 10 April 2015: Ausseela Thanapongsakorn has been appointed to the Administrative Committee. p. 10 April 2015: Cherie Burton has been appointed as a representative of the Administrative Committee to the Finance Committee. q. 10 April 2015: Prue Car and Kate Washington has resigned from the Administrative Committee. r. 1 May 2015: Jodi McKay tendered her resignation as Chair of the Healthy Society Policy Committee. s. 1 May 2015: Kate Washington tendered her resignation as member of Social Justice Policy Committee. t. 1 May 2015: Adam Wand tendered his resignation as member of Economics Policy Committee. u. 1 May 2015: Daniel Mookhey tendered his resignation as Chair of the International Relations Committee. v. 1 May 2015: Pat Garcia has tendered his resignation as member of the Social Justice Policy Committee. w. 1 May 2015: Trish Moran tendered her resignation as a member of the Health Policy Committee. x. 1 May 2015: Jay Suvaal, Narelle Rich and Sue Fletcher tendered their resignations as a member of Country Labor Committee. y. 1 May 2015: Jenny McAllister and Sally McManus resigned as members of the Administrative Committee. z. 1 May 2015: Emma Husar and Gerry Ambroisine were appointed to the Administrative Committee following the resignations of Prue Car and Kate Washington.

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aa. 5 June 2015: Stephen Bali tendered his resignation as a member of the finance committee. bb. 5 June 2015: Verity Firth and Natalie Lang were appointed to the Administrative Committee following the resignations of Jenny McAllister and Sally McManus. cc. 5 June 2015: Darren Cameron, Mark Hughes and Angela Rock were appointed as a members of Country Labor Committee. dd. 5 June 2015: Adam Hall was appointed as Chair of the Healthy Society Policy Committee. ee. 5 June 2015: Rachel Garcia was appointed as member of Social Justice Policy Committee. ff. 5 June 2015: Kirk McKenzie was appointed as member of Economics Policy Committee. gg. 5 June 2015: Michael Forshaw was appointed as Chair of the International Relations Committee. hh. 5 June 2015: Richard Mehrtens was appointed as Secretary of the International Relations Committee. ii. 5 June 2015: Tom Hollywood was appointed as member of the Social Justice Policy Committee. jj. 5 June 2015: Loretta Baker was appointed as a member of the Health Policy Committee. kk. 3 July 2015: Jessica Malnersic tendered her resignation from the Administrative Committee. ll. 3 July 2015: Janai Tabbernor tendered her resignation as a member of the Administrative Committee proxy panel. mm. 7 August 2015: Todd Pinkerton was appointed to the Administrative Committee following the resignation of Jessica Malnersic. nn. 4 September 2015: Leigh Svendsen resigned as a member of the Health Policy Committee. oo. 9 October 2015: Vivienne Moxham-Hall was appointed as a member of the Health Policy Committee. pp. 9 October 2015: Peter Bentley resigned as the General Returning Officer. qq. 6 November 2015: Cherie Burton resigned as a member of the Finance Committee. rr. 6 November 2015: Peter Harley resigned as Chair of the Education and Skills Committee. ss. 6 November 2015: Gerard Dwyer resigned as a member of the Administrative Committee tt. 4 December 2015: Sue West was appointed as a member of the Finance Committee. uu. 4 December 2015: John Gelling was appointed as Chair of the Education and Skills Committee. vv. 4 December 2015: Bernie Smith was appointed as a member of the Administrative Committee following the resignation of Gerard Dwyer. ww. 4 December 2015: Marion Browne was appointed as Secretary of the Country Labor Committee. xx. 4 December 2015: Kim Pagan was appointed as a member of the Country Labor Committee.

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ADMINISTRATIVE COMMITTEE REPORT TO 2016 CONFERENCE

STATE ELECTION CAMPAIGN Following the devastating result of 2011, Labor spent four years rebuilding its brand and regaining the trust of traditional Labor supporters within the community. At this election Labor ran a strong campaign and we won back our traditional, working-class heartland with swings of over 14% in Campbelltown and Londonderry and up to 20% in Port Stephens and Maitland. Across the state, Labor improved its support base with an almost 9% swing to obtain 34 Legislative Assembly seats. Labor won the following seats, as well as Newcastle and Charlestown which were gained at by-elections:

Electorate Previous margin Swing to Labor

Port Stephens -14.8 19.5 Maitland -4.9 19.1 Londonderry -5.3 14.2 Campbelltown -6.8 14.2 Swansea -0.3 13.4 Wyong -4.6 13.3 Blue Mountains -5.4 13.3 Gosford -11.9 12.0 The Entrance -11.8 11.9 Rockdale -3.5 8.3 Strathfield -6.4 7.9 Granville -3.8 5.9 Prospect -1.1 4.4

Labor made significant ground on the conservatives in regional NSW. The Nationals suffered strong swings against them on the North Coast and Liberal seats in the Southern Highlands and South Coast are now marginal. Labor has built a viable opposition and the foundations of a future Labor Government, with a raft of new talent in the caucus and a leader who was more than equal to Mike Baird. Labor took an impressive policy platform to the election which sought to implement new solutions to address the challenges our State faces. The next four years present us with an opportunity to continue to build a policy agenda that delivers jobs and services to the suburbs and regions, and which will return us to government in 2019. We extend a special thanks our hard working Labor candidates, who dedicated so much time to fight for the Labor cause across NSW:

■ Bankstown – Tania Mihailuk ■ Campbelltown – Greg Warren

■ Barwon – Craig Ashby ■ Canterbury – Linda Burney

■ Bathurst – Cassandra Coleman ■ Castle Hill – Matt Ritchie

■ Baulkham Hills – Ryan Tracey ■ Cessnock – Clayton Barr

■ Bega – Leanne Atkinson ■ Charlestown – Jodie Harrison

■ Blacktown – John Robertson ■ Clarence – Trent Gilbert

■ Blue Mountains – Trish Doyle ■ Coffs Harbour – June Smith

■ Cabramatta – Nick Lalich ■ Coogee – Paul Pearce

■ Camden – Cindy Cagney ■ Cootamundra – Charles Sheahan

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■ Cronulla – Peter Scaysbrook ■ Newtown – Penny Sharpe

■ Davidson – Douglas St Quintin ■ North Shore – James Wheeldon

■ Drummoyne – Jason Khoury ■ Northern Tablelands – Debra O’Brien

■ Dubbo – Stephen Lawrence ■ Oatley – O’Bray Smith

■ East Hills – Cameron Murphy ■ Orange – Bernard Fitzsimon

■ Epping – David Havyatt ■ Oxley – Frances Armitage

■ Fairfield – Guy Zangari ■ Parramatta – James Shaw

■ Gosford – Kathy Smith ■ Penrith – Emma Husar

■ Goulburn – Ursula Stephens ■ Pittwater – Keiren Ash

■ Granville – Julia Finn ■ Port Macquarie – Kristy Quill

■ Hawkesbury – Barry Calvert ■ Port Stephens – Kate Washington

■ Heathcote – Maryanne Stuart ■ Prospect – Hugh McDermott

■ Heffron – Ron Hoenig ■ Riverstone – Ian Morrison

■ Holsworthy – Charishma Kaliyanda ■ Rockdale – Steve Kamper

■ Hornsby – Steve Ackerman ■ Ryde – Jerome Laxale

■ Keira – Ryan Park ■ Seven Hills – Susai Benjamin

■ Kiama – Glen Kolomeitz ■ Shellharbour – Anna Watson

■ Kogarah – Chris Minns ■ South Coast – Fiona Phillips

■ Ku-rin-gai – David Armstrong ■ Strathfield – Jodie McKay

■ Lake Macquarie – Melissa Cleary ■ Summer Hill – Jo Haylen

■ Lakemba – Jihad Dib ■ Swansea – Yasmin Catley

■ Lane Cove – Andrew Zbik ■ Sydney – Edwina Lloyd

■ Lismore – Isaac Smith ■ Tamworth – Joseph Hillard

■ Liverpool – Paul Lynch ■ Terrigal – Jeff Sundstrom

■ Londonderry – Prue Car ■ The Entrance – David Mehan

■ Macquarie Fields – Anoulack Chanthivong ■ Tweed – Ron Goodman

■ Maitland – Jennifer Aitchison ■ Upper Hunter – Martin Rush

■ Manly – Jennifer Jary ■ Vaucluse – Gloria Nicol

■ Maroubra – Michael Daley ■ Wagga Wagga – Danie Hayes

■ Miranda – Greg Holland ■ Wakehurst – Ned Barsi

■ Monaro – Steve Whan ■ Wallsend – Sonia Hornery

■ Mount Druitt – Edmond Atalla ■ Willoughby – Peter Cavanagh

■ Mulgoa – Todd Carney ■ Wollondilly – Ciaran O’Brien

■ Murray – Mirsad Buljubasic ■ Wollongong – Noreen Hay

■ Myall Lakes – David Keegan ■ Wyong – David Harris

■ Newcastle – Tim Crakanthorp

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Thanks also to our Legislative Council Candidates: The Party thanks John Robertson for his dedicated service to our movement. ■ Sophie Cotsis

■ Walt Secord Luke Foley

■ Lynda Voltz On Monday 5 January 2015, Luke Foley was elected unopposed as Leader of the NSW State Parliamentary ■ Shaoquett Moselmane Labor Party. ■ Mick Veitch Luke Foley hit the ground running in leading Labor during ■ Adam Searle the 2015 State Election Campaign. During the campaign, ■ Courtney Houssos Luke announced Labor’s plans to establish a Koala National ■ Daniel Mookhey Park in northern NSW, return Goat Island (Me-mel) to the ■ Helen Westwood Aboriginal people of NSW, rescue TAFE NSW and protect

■ Aisha Amjad our local newsagents.

■ Annette Priest He also prosecuted the campaign against the Liberals and

■ Jill Lay Nationals’ cuts to schools and hospitals and the sale of our publically owned electricity network. ■ Floris Lam ■ Blake Mooney STATE CAMPAIGN REVIEW – TOWARDS 2019 ■ Keith Williams The Administrative Committee asked the Hon Bob Debus ■ Frank Alafaci and Anthony Chisholm to conduct the Review into the 2015

■ Kun Huang NSW State Election – Towards 2019. The Party would like to thank the Hon Bob Debus and Anthony Chisholm for ■ Lucille McKenna their efforts in putting the review together. Their insights will ■ Jennifer Clapham place the Party in an even stronger position as we aim to ■ Rosemary Maker win back Government at the 2019 Election. ■ Daniel Barbar The key recommendations from the Review include:

LEADERSHIP OF THE STATE PARLIAMENTARY ■ A comprehensive positive policy agenda for the 2019 LABOR PARTY NSW State Election; John Robertson ■ Continued investment in technology and training; and

After the devastating defeat of March 2011, John ■ Earlier preselections to give Candidates maximum Robertson stood up and was elected the leader of the NSW time in the field campaigning. State Parliamentary Labor Party. Thank you also to all Party members, Members of John Robertson led the Party through one of its most Parliament, candidates and campaign staff who shared their difficult periods. Each day he was Leader, John stood up for perspectives about the campaign and what can be done to working people, fought for quality services and drove reform achieve victory in 2019. within our Party. 2016 FEDERAL ELECTION UPDATE Under his leadership NSW Labor adopted direct election of the NSW Labor Leader, and ran the first community Preparations for the 2016 federal election are progressing selection ballots to choose Labor’s candidates. John with the appointment of Field Directors and the finalization Robertson implemented a series of reforms to improve of another round of preselections bringing the total number transparency and accountability with the introduction of A of seats completed by the end of 2015 to 19. New Standard, the most stringent standards of honesty and Over the past month Bill Shorten and Federal Labor have accountability ever seen in NSW. continued to campaign against an to increase the GST, Under John Robertson, NSW Labor took on the big policy as well as announcing Labor’s Climate Change Policy issues by supporting a second airport at Badgerys Creek committing to net zero pollution by 2050 via a 45 per cent and introducing a plan to tackle alcohol fuelled violence. reduction in carbon pollution on 2005 levels. Federal Labor has also announced that it will make domestic and family John fought the Liberals and Nationals’ cuts to hospitals, violence leave a universal workplace right, reinstate the schools and TAFE; and he initiated the campaign against Commonwealth Cleaning Services Guidelines and take the sale of our publically owned assets. further steps to reduce the consumption of tobacco in NSW Labor won three by-elections in Miranda, Newcastle Australia, by continuing the increase in tobacco excise from and Charlestown with John as our leader. 1 July 2017.

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While the availability of a double dissolution trigger FINANCE RISK AND AUDIT REVIEW continues to fuel early election speculation, it remains more John Bird has undertaken a risk analysis of the NSW likely that the next election will be held in September or Branch of the Labor Party on behalf of the Finance Risk and October 2016. Audit Committee of the National Executive, as part of an audit of all State Branches. NSW PARLIAMENTARY COMMITTEE ON ELECTORAL MATTERS The report, which is attached found that in general the Branch is approaching its risks responsibly and the Tarrant/ NSW Labor was asked to provide a submission to the Tierney recommendations and those of Best Practice Electoral Matters Committee Inquiry into the 2015 NSW Project Work Program when implemented will improve State Election. governance and reduce risk. The submission covers the following: Thank you to John Bird for his work and Maggie Wang for ■ Parliamentary Electorates and Elections Act 1912 her assistance on this report. (other than Part 2); 2015 FEDERAL REDISTRIBUTION AND ■ Election Funding, Expenditure and Disclosures Act FEDERAL PRESELECTIONS 1981; The Commonwealth Electoral Commissioner, has ■ Provisions of the Constitution Act 1902 relating to determined that a Redistribution of Federal Electoral State Elections; and boundaries is required in NSW. ■ The administration of and practices associated with The draft boundaries were released by the Commission on the electoral laws described above. Friday 16 October 2015. The Party would like to thank Dom Ofner, Jay Suvaal, Zach Overall the draft boundaries propose the loss of one seat, Alexopoulos and Penny Parker for their contributions. with the existing seat of Hunter being divided between the existing seats of Charlton and Paterson, and Charlton being NSW PARLIAMENTARY COMMITTEE ON renamed Hunter. The seats of Paterson, Dobell and Barton ELECTORAL MATTERS become notionally Labor on redistributed boundaries, and NSW Labor provided a submission to the Electoral Matters the seats of Ried and Macarthur become more favorable Committee Inquiry into the recommendations of the Schott to Labor, while Gilmore, Macquarie, Page, McMahon, Report. Robertson and Eden Monaro all become slightly more favorable to the Coalition. On Friday 30 October 2015, Assistant General Secretary Kaila Murnain appeared before the Committee to provide NSW Labor submitted its objections to the proposed verbal submissions about the Schott Report and to answer boundaries on 13 November 2015 and its comments of questions about NSW Labor’s position on a number of objections on 27 November 2015. NSW Labor is objecting matters. to the removal of the Fairfield CBD from McMahon; to Eden Monaro crossing the Mountains and to Badgerys Creek REVIEW INTO THE ADMINISTRATIVE being placed in Hume. The Liberal Party want Page to cross COMMITTEE AND FINANCE COMMITTEE the Great Dividing Range but the National Party support the At the 2014 NSW Labor State Conference, it was resolved AEC draft proposal. The Nationals want changes to Calare to conduct a review into the size, composition, scope and but the Liberal Party disagree with the National’s on this rules of the Labor Administrative Committee and NSW matter as well. Labor Finance Committee. The failure of the Coalition Parties to reach agreement in Key recommendations include reducing the size of the the Country weakens the chances of changes in that area. Administrative Committee and requiring its members to The Liberal Party have also put in an objection which seeks be elected by the entire conference (while maintaining that Reid to gain Drummoyne, which would weaken our the 50/50 split between rank and file and affiliated union chances in that seat. representatives), improving training and induction for The AEC is yet to confirm but it’s likely Public Hearings will committee members, the creation of a Senior Administration be held on 16th December in Port Macquarie and 18th Manager, the provision of secretarial support for Assistant December in Sydney. Secretaries and the renaming of the Administrative The Commission is expected to announce final boundaries Committee. early in the New Year Thank you to the Independent Directors, John Tarrant and Thank you to all Party units and members who made David Tierney, co-chairs of the review, for their work on this submissions to the Party’s Redistribution Committee. report.

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NSW LABOR ORGANISING CENTRE ■ Marriage Equality;

In the final months of the 2015 NSW State Election the ■ accessible and affordable higher education, NSW Labor Organising Centre’s role came to an apex. including TAFE; State campaign teams placed more than 576,000 calls to voters and over 512,000 doorknocks. ■ doubling Australia’s annual humanitarian refugee intake; and, The NSW Labor Organising Centre ran primarily out of Parramatta, but also assisted in rolling out a number of ■ committing to a strong and properly resourced phone banks across target seats, including the city. NSW public health system. Labor also provided training for interstate organisers helping Other highlights of the National Conference included: in NSW. ■ Bill Shorten’s address to the Conference; In March training for all campaign directors, organisers and ■ The launch of the Labor Herald; volunteer coordinators was provided with the assistance of Nicola Castleman (State Training Director, Victorian Labor). ■ The 2015 Fringe Program; and, Training covered persuasion discussions and volunteer ■ The NSW Delegates BBQ. training. The NSW Labor Organising Centre was also responsible 2015 WRAN LECTURE for overseeing a new booth rostering module. This The 2015 Annual Wran Lecture, hosted by Troy Bramston allowed campaigns to manage all booth rosters from a at NSW Parliament House, was an overwhelming success. single screen, to analyse coverage, and alerted directors With more than 200 people in attendance, the Leader of the if a volunteer was rostered on between two booths or Opposition Luke Foley, used the opportunity to pay tribute electorates. to the late Neville Wran by reflecting on his achievements Throughout the state election, candidates and their while in office. Drawing on the successes of the Wran era, teams have been using the Centre as a hub for mobilising Luke Foley outlined his vision for the future of the NSW volunteers, sourcing donations and engaging voters. Labor Party. Primarily, Luke Foley spoke about the need to re-examine the best ways to provide vital public services to The NSW Labor Organising Centre was utilised for training those that need them the most and highlighted the role of campaigners, candidates and volunteers in new campaign the private sector in achieving this. Additionally, he argued techniques and new elements of campaign central. These that the Party’s pledge should be replaced with something programs will be continued in preparation for all future that better reflects the values of the modern Labor Party. elections. The Lecture was well received by all those in attendance.

NATIONAL CONFERENCE LABOR ACTION COMMITTEES The 47th National Conference of the Australian Labor Party The Labor Action Committees put in a tremendous effort was held from Friday 24 to Sunday 26 July 2015 at the supporting both local candidates and the central campaign Melbourne Convention and Exhibition Centre. in the lead up to the March 28 NSW Election. The National Conference is the Party’s highest decision- The Sub-Continent Friends of Labor were very active making forum and plays an important role in defining the supporting many candidates in Ashfield, particularly Jodi future direction of our Party and our nation. McKay in Strathfield, John Robertson in Blacktown, Hugh NSW Labor was strongly represented at the Conference by McDermott in Prospect and other seats including Macquarie 109 Delegates. Fields, Riverstone, Campbelltown, Granville. As well as attending local candidate fundraisers, the Sub-Continent For the first time in the Party’s history, 48 delegates that Friends of Labor held their annual Media Dinner as a launch represented NSW were elected by their FEC’s. for NSW Labor campaign. Attended by over 200 guests, Delegates from around the country submitted and debated the dinner was a success with special introductions made amendments to the draft National Platform which had been of Lower House candidates of Sub-Continent descent, produced by the National Policy Forum. Charishma Kaliyanda in Holsworthy and Susai Benjamin in Seven Hills. As well as providing troops on the ground, visits Labor’s final National Platform delivers a strong vision for the for candidates were organised for various local candidates future including: to visit cultural places such as temples and places of ■ a 50% renewable energy target by 2030; worship.

■ the establishment of a national emissions trading The Chinese Friends of Labor provided over 300 Mandarin scheme (ETS); or Cantonese speaking volunteers for door knocking and election day to key seats such as Kogarah, Strathfield, ■ 50:50 gender representation by 2025; Oatley, Rockdale, Auburn and Maroubra. The volunteers

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were given a special training session on what to expect The two campaigns also focused on sending a message at the polling booth on election day. As well as supporting to Mike Baird and Tony Abbott about their cuts to schools, local campaigns, a central campaign dinner was held at the Hunter TAFE and hospitals as well as the lack of a plan for Eight Restaurant with more than 600 people in attendance jobs despite the doubling of unemployment in the Hunter to support all Labor candidates. over the past 12 months. The Arabic Friends of Labor provided great support to Tim Crakanthorp and Jodie Harrison joined the Labor various campaigns across NSW. Providing interpreting and caucus on Tuesday 4 November 2014. translating services as well as troops on the ground for train stations and door-knocking in key seats such as Rockdale, BALLINA COMMUNITY PRESELECTION Kogarah, Lakemba. Arabic Friends also organised The Ballina Community Pre-Selection was completed on recognition of the contribution of the late Gough Whitlam Saturday 20 September with Paul Spooner the successful AC at a community festival celebrating Australia Day. candidate. Paul won the ballot with 58 per cent of the vote, The Vietnamese Friends of Labor provided support to defeating Keith Williams. troops on the ground to Cabramatta, Fairfield and Prospect. The process was an overwhelming success with over 2,300 The Vietnamese also organised a media dinner with Bob people taking part in the ballot. Carr as special guest, before opening up to a lively and spirited question and answer session from Vietnamese Resources were focussed on ensuring community members media to candidates from the above mentioned seats as received ballot papers (using direct mail rather than UMS) well as Bankstown and East Hills. The dinner also doubled and promoting on-line voting. Candidates promoted the as a fundraiser for the central campaign. progress through highly active campaigns. The Irish Friends of Labor held two events pre-election Our thanks are extended to Paul Spooner, Keith Williams with a St Patricks Day gathering in support of the central and all Branch members in the Ballina electorate who campaign as well as organising a fundraiser for Ursula supported the process and assisted with the smooth Stephens in Goulburn. Via these two events, the Irish running of voting on the day. The Party’s Assistant Returning Friends of Labor were able to assure NSW Labor good Officers, particularly Luna Zivadinovic, Janai Tabbernor and press in the Irish media. Edward McDougall conducted the various parts of the ballot and ensured it was a success. The Korean Friends of Labor held a launch for Korean media to meet the candidate for Strathfield and Ryde with COUNTRY CONFERENCE 2014 a rousing special guest speech from former Premier Barry This year’s Country Conference held over the weekend of Unsworth. The event was well attended by Korean media 31 October- 2 November in Queanbeyan was a big success outlets and community leaders. with nearly 300 delegates and members in attendance. The format used at this year’s Country Conference was an THE NEWCASTLE AND CHARLESTOWN expansion of the format used in 2012 with Friday’s Country BY-ELECTION Campaign Insight as well as the extended policy workshop The Newcastle and Charlestown By-elections were sessions. triggered by the resignation of Liberal MPs Tim Owens and Andrew Cornwell after allegations were raised in the ICAC The three day conference commenced with the Country that they had taken illegal donations from developers. Campaign Insight where Country Labor candidates and their teams learnt about the latest campaign strategies and The Lord Mayor of Newcastle, Jeff McCloy, was also forced techniques ahead of next year’s state election. This training to resign triggering a by-election which is scheduled to be included a phone banking session allowing attendees to held on Saturday 15 November 2014. receive hands on training with one of the most vital pieces NSW Labor had already selected Jodie Harrison as our of campaigning infrastructure. The Federal Labor leader Bill candidate in Charlestown and Tim Crakanthorp as our Shorten was the special guest at the training seminar and candidate in Newcastle. gave an arousing speech to delegates, reflecting on the success of Country Labor in NSW. Mike Baird and the Liberals turned their backs on the Hunter by refusing to face the electorate – choosing not to Conference was officially opened on Saturday morning field a Liberal candidate in either seat. by Country Labor MLC and candidate for Monaro, Hon. Steve Whan, followed by an address by Unions NSW The campaign dynamics were unique in each seat. Secretary and Party President, Mark Lennon. NSW Labor A central component of Labor’s campaign was the release Parliamentary leader, John Robertson gave an excellent of its plan to ensure more funds from the sale of the speech to the Party faithful. John reaffirmed that the March Newcastle Port were invested in revitalising Newcastle and election is there to be won and that the time to stand up is funding infrastructure within the Hunter. now in order to elect a Labor Government that puts people first.

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Other highlights of the Conference included: STATE POLICY FORUM

■ The policy workshops on Saturday afternoon where The NSW Labor Policy Forum is one of the vehicles party delegates and members had the opportunity to hear members, affiliated trade unions and Labor MPs have to from a range of experts in a number of fields including shape the policy direction of the NSW Branch. It is unique in Health, Regional Development and Jobs, NDIS and that it brings together directly elected rank and file members Ageing; and Education. of the party, representatives of the union movement and the NSW Labor Shadow Cabinet in the one forum, ensuring all ■ Saturday night’s dinner with guest speakers Ursula elements of the broad labour movement contribute to our Stephens and John Faulkner. The Bluey Rodwell policy processes. award was also presented at the dinner, to long-term Labor stalwart from Broken Hill, Graeme ‘Shorty’ The election of sixteen (16) rank and file members of the Reville. NSW Labor State Policy Forum included:

■ Sunday’s conference proceedings including a ■ 11 representing metropolitan and major regional NSW report back from the Policy Workshops and debate (5 women) on various motions submitted by Country Labor ■ 5 representing country and rural NSW (2 women) branches. At the close of nominations the following nominations Thank you to all delegates and members who attended were received for the 11 metropolitan and regional NSW Country Conference, many travelling across the state to positions: attend. Name SEC NATIONAL COUNTRY LABOR FORUM The first Country Labor Forum was held in Casino on the David Ager Castle Hill 26th September and was a great success. Convened Khal Asfour Lakemba by Joel Fitzgibbon and the Country Labor Committee, it Anne Charlton Terrigal brought together country members to discuss rural and regional issues, to share ideas, and to showcase Labor’s Christina Curry Maroubra focus on rural and regional Australia. Chad Griffith Swansea Around 200 Party members attended the forum at the Jerome Laxale Ryde Casino RSM club. National ALP President Mark Butler and Bettina McMahon Prospect a number of Shadow Ministers and other MPs from federal and state parliaments also attended, and were provided Meg Oates Campbelltown with opportunities to address country members from across Todd Pinkerton Blacktown Australia. A major focus of the conference was sharing skills Adam Shultz Swansea and techniques to improve the political competitiveness of regional New South Wales, in order to increase our count of Casey Thomson Ku-ring-gai seats. At the close of nominations, the following applications were The Forum was very important in achieving better received for the 5 country and rural NSW positions: outcomes, both for engagement with our Country Labor membership and for the people of Country NSW more Name SEC broadly. Country Labor Policy Forums should continue to be held into the future. Leanne Atkinson Bega Mirsad (Max) Buljubasic Murray Melanie Dagg Cessnock Trent Gilbert Clarence Tim Kurylowicz Wagga Wagga Michelle Miran South Coast Asren Pugh Ballina Sharon Sewell Bathurst Ray Wilson Bathurst

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A ballot was held to elect to 5 members of the Policy Forum MCKELL AWARDS & DINNER from country and rural NSW. The following members were The 2014 McKell Awards were presented at the McKell elected: Dinner on Friday 26 September 2014. ■ Leanne Atkinson The following members were awarded with a McKell Award

■ Melanie Dagg in 2014:

■ Trent Gilbert Name Party Unit ■ Asren Pugh Shamus O’Reilly Terrigal Wamberal Branch ■ Sharon Sewell Genny Murphy Peninsula Day Branch SENATE CASUAL VACANCY Balaji Venkatarangan Merrylands Branch In December 2014 John Faulkner wrote to the Nancy Essex The Hills Branch Administrative Committee announcing his intention, and Derek Margerison Mount Druitt North Branch seeking permission to resign his position in the Australian Richard Slater Mount Colah Berowra Branch Senate. Mr Faulkner had been one of the outstanding Parliamentarians of his generation. He set the standard for Rissa McInnes Marayong South Branch Labor on values, service and integrity. Peter Alley Camden Haven Branch Mr Faulkner entered the Senate representing New South Alex Lithgow Gulgong Branch Wales in 1989 and was re-elected four times. Steve Novak Maroubra Branch In his 25 years in Parliament, he served as Labor’s Senate Rose Maker Miranda Branch Leader and as a Minister under three Labor Prime Ministers. Tracy Ward Denman Branch He worked tirelessly in Senate committees where his exceptional forensic skills advanced the public interest and Steve Ward Denman Branch held governments to account. Herman Beyersdorf Armidale Branch He is well respected by Labor members and supporters Alex Schmierer Bomaderry North Nowra Branch around the country. The 2015 McKell Awards were presented at the McKell Mr Faulkner’s vacancy was filled by Jenny McAllister. Dinner on Friday 21 August 2015.

LEGISLATIVE COUNCIL VACANCIES The following members were awarded with a McKell Award in 2015: Nominations were called for two Legislative Council vacancies, caused by the resignation of Penny Sharpe and ■ Andrew Giang Nguyen – Cabramatta Branch Steve Whan prior to the NSW State Election. ■ Ann Wilcox – Bulli Woonona Helensburgh Branch Penny Sharpe and Daniel Mookhey were appointed to fill ■ Anne Bower – Thirroul Branch the vacancies. ■ Bill Thompson – Strathfield Branch COUNTRY ORGANISER VACANCY ■ Chris Sharpe – Dee Why Branch Country Organiser, Courtney Houssos resigned as Country Organiser following her election to the NSW Legislative ■ Gai Maskell – Cambridge Park Branch Council. ■ Ian Stromborg – Milperra Branch

Jay Suvaal was appointed as the acting Country Organiser. ■ John Psomas – Ramsgate San Souci Branch

■ Judy Hunt – Balgownie Branch OMBUDSMAN AND DEPUTY OMBUDSMAN At the August meeting of the Administrative Committee, ■ Keri Spooner – Bronte Branch

nominations were called for the positions of Ombudsman ■ Betty Cooper – Mayfield Branch and Deputy Ombudsman. ■ Meg Oates – Campbelltown Branch At the close of nominations, Ursula Stephens was elected unopposed as Ombudsman and Daryl Melham was elected ■ Michael Brien – The Hills Branch and ETU

unopposed as Deputy Ombudsman. ■ Robert Bower – Thirroul Branch

■ Rory O’Connell – Ashfield Branch

■ Trish Moran – Ourimbah Narara Valley Branch

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BRANCH MATTERS GENERAL SECRETARY The following branches have formed since July 2014: Jamie Clements resigned as General Secretary on Thursday 14 January 2015. ■ Richmond Valley Branch Kaila Murnain was appointed Acting General Secretary on ■ Mulock Nepean Branch Friday 15 January 2015. (following the amalgamation of St Clair Colyton, St Marys, North St Marys and Glenmore Park Branches)

■ Wakeley Branch

■ Abbotsbury-Horsley Park Branch

■ Glenwood Branch

■ Warnervale Branch

■ Minjungbal Branch

■ Hurstville Branch

■ Cootamundra Branch

■ Carrington Branch The following branches have been declared defunct since July 2014:

■ Nimbin Branch

■ Mount Keira Branch

■ Jerilderie Branch

■ Dungog Branch

■ Bellbird Branch

■ Tumba Khancoba Branch

■ Corowra Branch

■ Auburn West Berala West Branch

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REVIEW INTO THE NSW ADMINISTRATIVE COMMITTEE AND FINANCE COMMITTEE AND OTHER MATTERS

REPORT BY THE REVIEW PANEL – 30 OCTOBER 2015

PART 1: BACKGROUND AND TERMS OF REFERENCE 1. The 2014 NSW Labor State Conference resolved to conduct a review (the Review) into the size, composition, scope and rules of the NSW Labor Administrative Committee and the NSW Labor Finance Committee. 2. The NSW Branch of the ALP initiated the Review into its own governance arrangements and party structures to ensure that the modern ALP meets the appropriate governance standards, that the ALP services the needs of a modern political party and its members and meets the public expectations of a properly functioning major political party. The purpose of the Review was to make recommendations to address any shortcomings the Review identified in the structure and management operations of the Party’s main administrative bodies. 3. The Administrative Committee, at its August 2015 meeting, resolved: 3.1. To appoint a Review Panel to conduct the Review. The Review Panel to comprise the two Independent Directors of the Administrative Committee, John Tarrant and David Tierney, and the 7 Party Officers; 3.2. Appointed the two Independent Directors as co-chairs of the Review Panel; 3.3. Called for submissions on the Review into the NSW Administrative Committee and the NSW Finance Committee from all party members and party units; and 3.4. Established a timeline for the conduct of the Review. 4. The Administrative Committee resolution outlined three terms of reference for the conduct of the Review: 4.1. Review the size, composition, scope and rules of the NSW Labor Administrative Committee and the NSW Labor Finance Committee; 4.2. Identify areas of improvement in relation to governance of the NSW Branch under the NSW Labor Administrative Committee; and 4.3. Ensure that the management of finances meets modern governance and audit standards. 5. The Review is timely because the NSW Government’s Report into Political Donations conducted by a Panel of Experts chaired by Dr Kerrie Schott (the Schott Report), stated in December 2014 (Final Report, Volume 1, page 7), in relation to public funding, that “The Panel strongly believes that public funding should be conditional on good governance practices and assurance that the public funds are expended and accounted for appropriately. This requirement is similar to that placed on other recipients of public funds.” 6. The Schott Report also recommended (Final Report, Volume 1, page 7) that “Candidates and senior party officials should be legally responsible for compliance. The scheme of party agents currently in place should be abolished so responsibility rests with those in the top ranks of the party.” 7. The NSW Government has published its response to the Schott Report. The Government has advised it will accept the Panel’s recommendations in terms of the Governance of Political Parties. It has begun drafting legislation to enact those recommendations. 8. The Review Panel has formed the view that the changes to the governance arrangements for political parties will definitely change as a result of the Schott Report. Accordingly the Review Panel resolved to recommend that the proposed changes set out in the Review Report be implemented in full. 9. As part of the Review formal consultation took place as follows: 9.1. Finance Committee – Thursday 3 September 2015; 9.2. Administrative Committee – Friday 4 September 2015; 9.3. Open Rank and File Forum – Monday 14 September 2015; and 9.4. The Party via its news bulletins called for submissions on the Review from all Party members and Party Units. Submissions closed on 25 September 2015. The Panel received over 20 submissions. The main themes centred around transparency; the size of the Administrative Committee; the proportion of affiliated Trade Unions represented on the Administrative Committee; and the training of members and the direct election of members by the rank and file.

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PART 2: THE CURRENT STRUCTURE OF THE PARTY’S ADMINISTRATION ADMINISTRATIVE COMMITTEE 10. Currently the Administrative Committee membership is 45 voting members and 3 non-voting independent Directors (of which there are currently only two appointed, there being currently one vacancy) for a total of 48 members of the committee. 11. Currently the vast majority of the Administrative Committee members are elected at the State Conference. This includes the 7 Party Officers, 18 members representing the Affiliated Trade Unions and 18 members representing the Branches/Electorate Councils. In addition the State and Federal Parliamentary Leaders each appoint a representative to the committee and these representatives have voting rights at committee meetings. 12. Currently separate ballots are held at Conference to elect each of the 18 member components. Only ‘affiliated union delegates’ can vote for their 18 members. Likewise only ‘not affiliated union delegates’ (mostly electorate council delegates) can vote for their 18 members. Effectively delegates to Conference only get to choose half of their Management Committee (the Administrative Committee). 13. Currently the party rules contain a general, or catch-all, clause (rule D.1(a)) that states that the Administrative Committee performs the role of Conference in between Conferences. 14. Currently there is no Pecuniary Interest Register for the 45 Administrative Committee Voting Members. Further there is no system in place to identify or deal with conflicts of interest. Members can participate in debates and vote on issues that they may be directly involved with, including their own local selection ballots and Branch matters. THE PARTY OFFICERS 15. In practice the Party Officers exercise considerable power between Administrative Committee meetings. These powers are recognised in the Rules. 16. The Party Officers comprise 3 full time paid officials and 4 part time Officers. FINANCE COMMITTEE 17. Currently the Finance Committee is comprised of five members elected at Conference and some appointees such as the 3 Trustees, 3 members appointed by the Administrative Committee, the General-Secretary and the 2 Assistant General-Secretaries. 18. The total number of Finance Committee members is 15 including a Treasurer appointed by the Administrative Committee under rule B.16.(v). The Finance Committee has also adopted a practice of extending an invitation to the three independent directors of the Administrative Committee to attend Finance Committee meetings in a non-voting capacity at any time that they wish. 19. Apart from the Trustees, Committee Members are not required to possess any requisite skills or qualifications, yet they are responsible for managing millions of dollars of both party money and public money (election funding). 20. The chairs of the Independent Appeals Tribunals are required to have legal qualifications. The Administrative Committee’s Independent Directors are required by rule D.2(f) to have served on a Board of Directors for no less than two years at the time of their election. Should Finance Committee Members, or a proportion of the Committee’s Membership be required to have some financial experience or qualifications? 21. Like many large not-for-profit organisations there are a number of layers and constituent bodies that manage the Party’s Finances including the Party Officers, the administrative staff, the Finance Committee, the Administrative Committee, the Trustees, the Auditors and ultimately the Conference. 22. All political Parties face onerous regulatory obligations in regards to electoral funding, disclosure of donations and auditing of the Party’s finances and campaign expenditure. 23. There are multi-layered and complex disclosure and reporting obligations. For instance there are different State and Federal regulations. The regulations also apply to local campaigns, local electorate councils and local candidates. 24. The mismanagement of these obligations poses real risks for the Party and Labor Governments, in particular, in the receipt and reporting of political donations. THE TRUSTEES 25. There are three trustees of the Party who hold the property of the Party. 26. The trustees also have a mandatory role in signing cheques and approving payments. 27. The trustees are also members of the Finance Committee.

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PART 3: CONSIDERATION OF THE ISSUES AND RECOMMENDATIONS 28. The role and size of the Administrative Committee and the Finance Committee cannot be adequately considered unless it is examined in the context of the day to day management of the Party by the Party Officers and the non- political employed staff. 29. Accordingly, before examining the function and scope of the Administrative Committee and the Finance Committee, the role of the management and the Party Officers will be examined. MANAGEMENT ROLES WITHIN THE PARTY 30. The current structure of the management of the Party makes no formal distinction between political functions and administrative and finance functions. 31. The day to day management of the Party rests with an elected General Secretary and two elected Assistant General Secretaries. 32. The specific duties of each of the two Assistant General Secretaries is not currently defined, although there are some work tasks assigned to each of the Assistant General Secretaries particularly during the election periods. 33. Formal decisions are made by the Party Officers between Administrative Committee meetings but decisions on matters such as the expenditure of money are not clearly provided for in the rules other than rule K2 that provides that all payments must be approved by the General Secretary and that all payments over $1,000 must be approved by at least one trustee. 34. The rules do not clearly provide for the setting of approved budgets or for the commitment to spend money other than rule K2 which provides for the approval of actual payments whether by cheque or otherwise. 35. The Review Panel considered the creation of a new non-political employed position, being a Senior Administration Manager. The core responsibility of the Senior Administration Manager would be the efficient running or functioning of the Office including managing HR. In essence the new position would be undertaking the non-political functions of the office but not be responsible for the strategic direction of the Party Office. The Senior Administration Manager position could include responsibility for the management of all office staff (other than elected political positions and the Party Agent) including reception staff, finance, IT, membership staff and other admin staff. 36. There are a number of RECOMMENDATIONS for reform of the management structure by the Review Panel including the following: 36.1. Recommendation 1: The creation of a new Senior Administration Manager position with a clear job description and appointed through a merit selection process; 36.2. Recommendation 2: The introduction of purchase orders to control all new expenditure with appropriate limits set for the Senior Administration Manager, General Secretary and Assistant General Secretaries; 36.3. Recommendation 3: The introduction of duty statements for all staff including political staff; 36.4. Recommendation 4: The introduction of performance appraisals for all non-political staff members; 36.5. Recommendation 5: The introduction of employment contracts for all staff; and 36.6. Recommendation 6: The two elected Assistant General Secretaries be provided with the same secretarial support and other resources to fulfil their functions. PARTY OFFICERS 37. There are a number of RECOMMENDATIONS for reform of the Party Officers’ functions including the following: 37.1. Recommendation 7: The Rules be amended to make it clear that the Party Officers are to be the main decision making body between Administrative Committee meetings; and 37.2. Recommendation 8: The Party Officers may by invitation only, request that the three independent directors meet as part of the Party Officers meetings in a non-voting capacity when discussing issues of governance. ADMINISTRATIVE COMMITTEE 38. There was universal recognition and acceptance that the current size of the Administrative Committee is too large. 39. There were no submissions that the size of the committee should be increased or even remain the same. 40. Submissions were received that the ideal size would be anywhere between 15 and 30 members. 41. In determining the appropriate number there are a number of factors to be considered and these include: 41.1. The role of the Administrative Committee; 41.2. The need or desire to provide representation to affiliated trade unions and the rank and file; and 41.3. The need and desire to have equal representation of men and women in accordance with rule M.7.

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42. The Administrative Committee manages the Party between conferences (Rule D.1.(a)). However, that is subject to rule D.1.(e)(i) that provides that the Party Officers manage the Party between Administrative Committee meetings. 43. As most decisions are made between the monthly Administrative Committee meetings the practical reality is that the Party Officers make most of the day to day decisions of the Party. 44. A few submissions called for the direct election of the Administrative Committee Members by the full rank and file membership. This was rejected by the Review Panel on the grounds of practicality, cost and the difficulty in ensuing all party units were adequately represented on the executive. 45. The Review Panel received a detailed submission from the NSW Aboriginal Labor Network. One of their recommendations was that their Labor Action Committee be entitled to appoint a voting member to the Administrative Committee. The Review Panel, while recognising the merit of the argument, could not support a recommendation in light of the Panel’s recommendations to reduce the size of the Administrative Committee and that Committee Members should be elected by the Conference. There are also equity considerations. A case could be made for direct representation from Country Labor; Young Labor; Womens Forum and other Labor Action Committees like LEAN. The Administrative Committee would become unwieldy if every Party Unit received representation. 46. The Review Panel considered the suggestion that a two-tier structure could be established to ensure the maximum participation of all party units. The idea being that there would be a much smaller executive committee that would meet monthly. They would then report on a quarterly basis to a larger, more representative body like the current Administrative Committee. This is a similar structure to the role played by the old State Council. This two-tier approach was rejected by the Review Panel on the grounds of efficiency, duplication, lack of clear accountability and no clear function for the larger body. The Review Panel also noted the experience from other states, notably WA, that conducting quarterly State Council meetings required significant party resources, both financially and in personnel terms, to organise. Large quarterly meetings with representatives from across the State was logistically the equivalent of organising a series of small conferences. 47. Following on from paragraph 45, all of the Review Panel felt strongly that the operation of the Administrative Committee needed to change particularly in the conduct of its meetings. Proposed meeting changes include: – Shorter sharper meetings; – Time allowed for open discussion on strategy and a focus on future political developments. That is more forward planning rather than reviewing the month’s past actions; – The development of a strategic and operational plan, complete with resource allocation, with monthly updates; – Separating political decisions from administrative decisions; and – Work through the politics of issues including party process issues. Note: These suggested changes cannot be mandated in a recommendation. They can only be implemented by consensus amongst the Administrative Committee members recognising that such discussions require respect and openness but also require acceptance of the normal Board requirement to maintain Confidentiality. A smaller Administrative Committee would help achieve this reform. The reform would improve the governance and accountability of the Party by including a more diverse, more inclusive and larger range of opinions in the key decision-making processes than is currently the case. 48. All contributions to the Review, including from the Administrative Committee members themselves, agreed that the Administrative Committee does not act as a Review of the Party affairs nor does it provide the function of reviewing the Executive’s or Party Officer’s recommendations. The sheer size of the Committee works against any effective Review process. This lack of oversight role is contrary to the practice of most management committees whether they be company boards, government authorities or not-for-profit executive committees. 49. A list of the specific powers of the Administrative Committee can be found in the Index on page 89 of the Rules. For clarity and simplicity the Review Panel reconfirmed that the core functions of the Administrative Committee listed below will remain, although the Administrative Committee may delegate some of those functions to the Party Officers particularly during election periods: – Manage the Party’s affairs; – Conduct all election campaigns on behalf of the Party; – Approval of Budgets; – Selection/Endorsement of ALP Candidates; – Upholding Party Rules; – Maintain the Membership Records; – Final approval of all material issued by NSW Labor; and – Compliance with all Laws and Regulations including OHS regulations, election funding and donation disclosure Returns and Audit compliance.

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50. The Administrative Committee receives reports at each meeting that inform the committee of the decisions made by the Party Officers since the last committee meeting as well as reports from various Party committees or Forums. 51. Numerous submissions were received that, regardless of the size of the committee, new committee members should receive some formal training and/or induction to assist them in participating effectively on the committee. Training of Board Directors or Committee Members about their roles and responsibilities as well as ethically carrying out their duties is now common practice across all sectors, public and private. Training of Committee members meets modern governance practices. 52. A sub-set of issues revolves around the Administrative Committee’s endorsement of the findings and recommendations of the Party’s various disciplinary and review Tribunals. The Review Panel found that under the Party’s rules the Internal Appeals Tribunal and the Review Tribunal must report back to the Administrative Committee any of its findings but only Conference can overrule Review Tribunal decisions. Accordingly, the powers of the Administrative Committee are limited to noting the reports of the Internal Appeals Tribunal and the Review Tribunal and does not extend to amending or endorsing their reports. The Review Panel RECOMMENDS no change to this arrangement to ensure the independence of the Tribunals. 53. There are a number of RECOMMENDATIONS for reform of the Administrative Committee by the Review Panel including the following: 53.1. Recommendation 9: The size of the committee could be reduced to somewhere in the range of 18 to 29 members, inclusive of the 7 Party Officers; 53.2. Recommendation 10: That the existing Party structure whereby the State Conference is the supreme decision-making body of the Party remains; 53.3. Recommendation 11: That the State Conference continues to be the body that elects the Party Officers and the members of both the Administrative and Finance Committees; 53.4. Recommendation 12: That the system of electing the Administrative Committee Members in two tranches in separate ballots at the Conference be abolished. That the whole Conference delegation vote for all members of the Administrative Committee. However in considering the implementation of this recommendation the current 50:50 rule in relation to Trade Union representation needs to be respected; 53.5. Recommendation 13: Additional reports could be made to the Administrative Committee each month from the second Assistant General Secretary and from the Executive Officer (or any newly created position of the Senior Administration Manager); 53.6. Recommendation 14: The name of the committee could be changed to the “NSW Labor Management Committee”, the “NSW Labor Political Committee” or the “NSW Labor State Executive”. The Review Panel recommends that if the size and the role of the current administrative Committee is changed as a result of the Panel’s recommendations than the name of the Administrative Committee should change to reflect the new structures; 53.7. Recommendation 15: All new members of the committee to receive formal training and induction by external professional bodies; 53.8. Recommendation 16: Most entities list a short profile of their senior management and Board members on their website. The recommendation is that the Party should list on its website a photograph and short biography of all members of the Administrative Committee. (Note: it is likely that the legislation flowing from the recommendations of the Schott Review will require the details of the Party’s senior officials to be disclosed on the NSW Electoral Commission website); 53.9. Recommendation 17: A small procedural recommendation is that Party Leaders (State and Federal) be given an automatic right to address the Administrative Committee. It will not happen often but currently they have to seek leave of the Administrative Committee which, by convention, is never refused. However the Party Leaders should be granted the right to address the party executive; 53.10. Recommendation 18: The role of the 3 non-voting independent directors serving on the Administrative Committee be continued. The Independent directors to continue to fulfil the same functions as outlined in D.2(g) namely around ensuring the highest governance standards are implemented and to remain as non- voting members. However the recommendation is to codify the current practice of allowing the independent directors to attend the Finance Committee. This will improve the governance arrangements for the Party’s finances; and 53.11. Recommendation 19: There be no changes to the number of Independent Directors (3) appointed nor the selection criteria or method of appointment of the Independent Directors.

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FINANCE COMMITTEE 54. Most submissions supported the Finance Committee remaining as a separately elected committee to be elected by State Conference rather than being a sub-committee of the Administrative Committee as some finance and budget committees are structured. 55. A number of submissions supported a change of the name of the committee to reflect its role beyond finance to include regulatory compliance and audit. Although the Audit function is delegated and under the Schott Review reforms the Party’s finances may be reviewed by the NSW Auditor-General. 56. A number of submissions supporting the role of the Finance Committee to be clarified to include specific powers to approve budgets and governance policies. 57. As with the Administrative Committee there was support for the introduction of training and an induction process for new members of the Finance Committee, including any newly appointed trustees who may need additional training or induction. 58. There were also submissions supporting the introduction of specific qualifications for appointment to the committee such as accounting, finance, legal and compliance qualifications and/or company director experience. 59. The Party must comply with the Election Funding, Expenditure and Disclosures Act 1981 (NSW) (the Act). 60. Pursuant to s 41(1) of the Act the Party must have a Party Agent. 61. There are a number of RECOMMENDATIONS for reform of the Finance Committee by the Review Panel including: 61.1. Recommendation 20: The creation of a new position of Party Agent with that person reporting to the First Assistant General Secretary. 61.2. Recommendation 21: Reducing the size of the committee to 3 members elected by Conference, the 3 Trustees, a party Treasurer appointed by the Administrative Committee, the General Secretary and the two Assistant General Secretaries plus the three independent directors (in a non-voting capacity) for a total of 10 voting members; 61.3. Recommendation 22: Changing the name of the committee to the “Finance and Compliance Committee”; 61.4. Recommendation 23: The introduction of specific qualifications for appointment to the committee; 61.5. Recommendation 24: All new members of the committee to receive formal and professional external training and induction; 61.6. Recommendation 25: The committee to have specific decision making power over the approval of budgets and the expenditure of amounts over a specific threshold, perhaps $100,000; 61.7. Recommendation 26: The role and powers of the committee to be specified in the Rules; 61.8. Recommendation 27: The separate position of the Treasurer under rule B.16(v) be retained; 61.9. Recommendation 28: The committee to receive a report at each meeting from a newly appointed Party Agent dealing with regulatory compliance; and 61.10. Recommendation 29: That there be a sub-committee of the Finance Committee to be the Remuneration Committee to set the terms and conditions of employment for all staff and that the creation of this committee be reflected in a change to the Rules. THE TRUSTEES 62. The role of the trustees is limited to holding the property of the Party, signing cheques and approving payments, and forming part of the Finance Committee. 63. Submissions were received that the role of the Trustees be better defined in the Rules. 64. Submissions were also received that to be elected as a trustee a person must have legal, accounting, finance or other appropriate qualifications and/or experience. 65. Under rule K.6.(d) the Trustee Act 1925 (NSW) applies to the appointment of new trustees. 66. There are a number of RECOMMENDATIONS for the reform of the role of the trustees by the Review Panel including the following: 66.1. Recommendation 30: The role and powers of the trustees be better defined in the Rules; 66.2. Recommendation 31: There be qualification and/or experience qualifications for the appointment of trustees; and 66.3. Recommendation 32: That trustees be provided with external professional training and an induction and the provision of a manual to set out their rights and obligations.

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PART 4: GOVERNANCE ISSUES 67. As per the earlier section, the legal, accounting and auditing requirements surrounding the receipt and recording of donations and the expenditure of public monies is quite onerous. It is complex in circumstances where different rules apply to Federal, State and Local Government jurisdictions. The laws also apply to local Party units and campaign committees. Failure to properly administer the Party’s Finances in this regard poses a significant political, legal and financial risk to the Party and possibly future Labor governments. 68. Further, the laws in relation to political donations keep changing. For example, there are moves to establish real time disclosure of donations to replace the current system of annual returns. 69. During the Review, concern was expressed in several submissions that the internal procedures of the Party need to be improved to ensure that NSW Labor not only meets its legal obligations but meets modern community expectations in the management of public monies and donations. Further that the procedures need to be fully understood by the Party Officers. 70. The Review Panel noted the roles to be played by the Party Ombudsman and Deputy Ombudsman in investigating complaints within the Party. The Panel did not want to restrict their role and accordingly acknowledge that they continue to be permitted to investigate complaints about governance issues within the Party. 71. As per recommendation 20, the appointment of a Party Agent with direct line responsibility for managing donation disclosure and public funding returns will help in ensuring the Party meets its governance obligations. 72. The Review Panel did not fully examine the issue of whether the Party should remain as an unincorporated association or change to an incorporated entity. The Liberal and National Parties are unincorporated and the Greens and the CDP (Nile) are incorporated. The Review Panel RECOMMENDS that this matter be considered by the Party as a separate issue. 73. The Review Panel considered a submission that the minutes of the Administrative Committee be made publicly available. While this measure may appear to increase the transparency of the Party’s operations, the Review Panel determined that this measure may be counter-productive in terms of stifling scrutiny within the Committee meetings while adding little to the process of disclosure. The Review Panel noted that all major decisions of the Administrative Committee are currently communicated to all Party members within one working day. 74. There are a number of RECOMMENDATIONS by the Review panel to further improve the Governance standards: 74.1 Recommendation 33: That the Finance Committee adopt a protocol with clear roles of accountability and authorisations in the management of the Party’s Finances. Those protocols to be based on the recommendations from the review conducted by the Party’s Auditors, HLB Mann Judd on the party’s procedures in relation to payments; 74.2 Recommendation 34: That the proposed new Senior Administration Manager be responsible for managing all HR policies for all employees. The Review Panel notes that a separate review into the Party’s HR policies and procedures is currently underway; 74.3 Recommendation 35: That the Party continue to have a clear written policy on commissioning legal work and expenditure on legal advice; 74.4 Recommendation 36: Currently there is no provision for individual Administrative Committee members, apart from the Party Officers, to place items on the Administrative Committee Agenda. This should be amended to allow Members to table items if appropriate notice is given (ie: one week). This practice would bring the Administrative Committee in line with other organisations. The same procedure could apply to the Finance Committee; 74.5 Recommendation 37: That every Administrative Committee and Finance Committee member needs to complete a Pecuniary Interest Declaration. The register of these Pecuniary Interest Declarations are to be held by the President (possibly managed by the Senior Administration Manager). Minimum requirements are details of the Member’s Branch; SEC; FEC; Trade Union; Board Memberships; Employer details and any issues that may conflict with the duties in managing the affairs of NSW Labor; and 74.6 Recommendation 38: The Party’s Ombudsman and Deputy Ombudsman be entitled to investigate complaints about governance matters within the Party

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PART 5: CONCLUSION 75. The Review Panel is satisfied that all members of the Party have had an opportunity to make a submission to the Review. Further, that all submissions were properly reviewed by the Review Panel. 76. The 38 Review Panel RECOMMENDATIONS, if adopted by Conference, will improve the operations, the governance and the transparency of both the Administrative and Finance Committees. 77. The Panel notes that the 38 RECOMMENDATIONS are not a root and branch reform of the party’s structure. That, in the Review Panel’s opinion, was not required. However, like every organisation improvements to its structure and operations are necessary and desirable. 78. The Review Panel was cognisant of the Party’s history and culture when considering its recommendations. As well as being aware of the difficulties in implementing wholesale structural changes to an organisation that is currently functioning at a high level. 79. An important factor in the Review Panel’s deliberations was the endorsement by the NSW Government of the Schott Review’s recommendations on Political Donations. In particular Chapter 10 of the Report. The Panel was strongly of the view that if reforms were being made to the structures of the Party than they must incorporate those recommendations on Political Party Governance. Failure to do so would threaten future election funding and possibly be in contravention of the new laws. 80. In short the Review Panel’s central recommendations in regards to the Administrative Committee are to reinforce the role of the Conference, that the Administrative Committee carry out the functions of the conference on a monthly basis, that it be a much smaller executive committee elected by all Conference delegates and that the Administrative Committee function as an effective review body of the Party’s Affairs. 81. The Review Panel also recognised that on a day-to-day management basis the elected Party Officers carry out the functions of the Party and bear enormous responsibility. This is common for management in most organisations. However, the Review Panel found that the real role performed by the Party Officers on a day to day basis is not adequately recognised in the Rules and this needs to be clarified. 82. In short, the Review Panel’s central recommendation in regards to the Finance Committee is to retain the Committee as a separate entity but reduce it in size as well as ensuring that some or all of the members of the Finance Committee have the appropriate skills or qualifications. 83. The Review Panel found that various policies in relation to HR and financial procedures were in place. However, there was not a consolidated list of policies and procedures. More importantly those policies and procedures were not well understood by the staff or officers. This needs to be corrected urgently to avoid risk to the organisation, its staff and its members. 84. In the medium term the key recommendations to address the above issue is to appoint a Senior Administration Manager and a Party Agent.

John Tarrant and David Tierney Co-Chairs of the Review Panel (Independent Directors of the Administrative Committee) 30 October, 2015.

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REVIEW TRIBUNAL REPORT

IN THE MATTER OF THE GOSFORD SEC 2014 AGM REASONS FOR DECISION 21 JULY 2014

DISPUTE & BACKGROUND 1. On 5 June 2014, the Internal Appeals Tribunal considered a challenge to the list of eligible voters to the General Meeting (AGM) of the Gosford State Electorate Council (SEC). The challenge was lodged on 3 April 2014 by Bill McGilchrist, President of the Gosford SEC, and sought the inclusion of delegates from the Gosford Branch in the list of eligible voters. 2. The challenge was lodged with the General Secretary under Rule A.37 on 3 April 2014. A meeting of the Party Officers held on 7 April 2014 referred consideration of the challenge to the Internal Appeals Tribunal. 3. The Internal Appeals Tribunal stated: The Tribunal was asked to consider a challenge to the list of eligible voters. However, the Tribunal could not address the substance of the challenge because the Tribunal was not presented with any evidence that the SEC Secretary provided Branch Secretaries with details for the receipting of Branch returns. Furthermore, when questioned at the hearing, the SEC Returning Officer confirmed he had not sighted any document or correspondence that provided this information. This information was not tabled by the SEC Secretary for the hearing. It was not appropriate for the Tribunal to make a decision about whether the return from the Gosford Branch was valid. The SEC Secretary has submitted that he did not receive the list and, as a result, SEC members did not have the opportunity to challenge the return. 4. The Internal Appeals Tribunal therefore determined: A. the AGM of the Gosford SEC is to be reheld; B. the General Returning Officer (or his delegate) is to conduct the ballot, including the calling and receiving of nominations and Branch returns; C. Branches are required to submit a new list of Registered Branch Members. The Party Office will provide all Secretaries with the appropriate list of members to enable this to occur; D. any capitation fees already paid shall be considered received. Refunds or additional payments can be made if required; E. a credentialing of Branch books is to take place prior to the meeting to ensure Branches send the correct number of Delegates to which they are entitled 5. The Review Tribunal is considering two (2) appeals lodged against this decision. One (1) from the Gosford SEC Returning Officer, Mr Della Bosca, and the other from the originally elected Delegate to State Conference from Gosford SEC, Belinda Neal. Both the appellants have standing to appeal to the Review Tribunal given their involvement in the matters.

BACKGROUND 6. The Gosford Branch held its AGM on 3 March 2014. The Gosford Branch Secretary, John Gifford, has claimed that he prepared and sent complete Branch Returns shortly after the Branch AGM on 6 March 2014. 7. On 30 March 2014, the Gosford SEC Returning Officer, John Della Bosca, provided Mr McGilchrist with a list of eligible voters for the upcoming AGM. This list of eligible voters did not include any delegates from the Gosford Branch or the Ourimbah Narara Branch. Mr Della Bosca advised Mr McGilchrist that A. the list provided by the Ourimbah Narara Branch did not include a list of branch members nor had it lodged valid capitation fees; and B. there was no return provided by the Gosford Branch.

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8. Mr McGilchrist contacted the Gosford Branch Secretary, Mr Gifford, and was advised that he sent the appropriate return to the Gosford SEC Secretary, Darren Maxwell, on 11 March 2014 by mail. In evidence before the Internal Appeals Tribunal, it became clear that the Gosford SEC Secretary, Mr Maxwell, had changed his address. Mr Gifford, the Gosford Branch Secretary, acknowledged the Gosford Branch Return was sent to the old address. Mr Gifford however asserted he gave a copy of the Gosford Branch Return to Mr McGilchrist, as Gosford SEC President, prior to the AGM and Mr McGilchrist therefore had a copy of the Gosford Branch Return when he attended the AGM. 9. The Gosford SEC AGM was held on 7 April 2014. At the meeting, the Gosford Branch delegates changed the name of the 3rd delegate so that Ken Hinckley replaced Leslie Buckley (apparently because Ms Buckley no longer resided in the electorate). The Gosford SEC Returning Officer, Mr Della Bosca, issued the three (3) delegates from the Gosford Branch (Ken Hinkley, Kevin Parish & Max Prince) with challenge votes. The Returning Officer then declared that the AGM ballot (“Original Ballot”) for all positions with the exception of: the second of the two Delegates to NSW State Conference (the first elected Delegate to NSW State Conference was declared), both the Alternate Delegates to NSW State Conference and the position of SEC Secretary. The Gosford SEC Returning Officer, Mr Della Bosca, declared that it was not possible to declare the result of undeclared positions as the challenge votes could have bearing on the result of those Ballots.

MR DELLA BOSCA’S APPEAL 10. The orders sought from the Review Tribunal by Mr Della Bosca are: a) the Internal Appeals Tribunal Decision of 5 June 2014 to void the Original Ballot of Gosford SEC AGM be overturned; b) the results of the Original Ballot be endorsed; c) that the three (3) challenge votes of the Gosford Branch not be included in the Original Ballot; and d) the ballot box from the Original Ballot be returned to Mr Della Bosca as Gosford SEC Returning Officer 11. The reasons relied on in Mr Della Bosca’s appeal are as follows: i. there were no grounds for the Internal Appeals Tribunal to make the orders they made as there was no challenge on foot that could of resulted in the orders that were given. ii. it would be unfair to the people that were elected to positions that were declared in the Original Ballot. iii. that findings of the Internal Appeals Tribunal relating to the address for lodgment of Branch Returns were factually incorrect; notice had indeed been provided to Branch secretaries with information about the submission of returns. A copy of this notice was provided to the Tribunal. iv. the Gosford Branch is not entitled to three (3) delegates pursuant to Rule G.1 as they do not have fifteen (15) financial Branch members as at 30 November 2013 who have attended the Branch in the previous twelve (12) months and are resident in the State Electorate of Gosford; and v. the purported Gosford Branch return was not received by the Gosford SEC Secretary on or before 31 March 2014 in accordance with Rule G.17(a)

MS NEAL’S APPEAL 12. The orders sought from the Review Tribunal by Ms Neal are: A. the Internal Appeals Tribunal Decision of 5 June 2014 to void the Original Ballot of Gosford SEC AGM be overturned 13. The reasons relied on in Ms Neal’s appeal are as follows: i. that findings of the Internal Appeals Tribunal relating to the address for lodgment of Branch Returns were factually incorrect; notice had indeed been provided to Branch secretaries with information about the submission of returns. A copy of this notice was provided to the Tribunal. ii. the decision of the Internal Appeals Tribunal was contrary to the Party Rules and Party precedent iii. the decision of the Internal Appeals Tribunal was ultra vires. iv. the decision of the Internal Appeals Tribunal was contrary to electoral law and principles; and v. the decision of the Internal Appeals Tribunal was made without procedural fairness.

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14. In the appeal letter, there is also an implied order sought by Ms Neal, namely that the challenge votes not be counted in the Original Ballot as the purported Gosford Branch return was not received by the Gosford SEC Secretary on or before 31 March 2014 in accordance with Rule G.17. Mr Della Bosca’s submission also supported a strict application of Rule G.17.

POWERS OF THE INTERNAL APPEALS TRIBUNAL AND REVIEW TRIBUNAL 15. Given the breadth of the submissions on appeal, it is necessary to recite some of the Rule relied upon by the Appellant Party Members:

Credential and Ballot Protests A.37 (a) A protest can be made after a list of voters has been prepared for a branch or Electorate Council ballot. A branch member can only protest about the list of voters for his/her branch. An Electorate Council delegate can only protest about the list of voters for his/her Electorate Council. All protests are made to the NSW Internal Appeals Tribunal but must: (i) Be received in writing at the Party Office by the General Secretary by 5 pm two working days before the Ballot. Note: Credentialling is the process whereby a list of members is determined who can vote in Party ballots. (ii) Detail the basis for the protest and include a deposit of $50 plus $5 for each member charged. The deposit will be returned if there is good reason for the protest. (b) The Internal Appeals Tribunal only deals with specific matters in the protest. It is the final decision-maker, other than Rule A.41. (c) There cannot be a protest or appeal by any member over a list of eligible branch or Electorate Council voters after voting has closed. …

Tribunals Right of appeal J.1 (a) A Party member, Party Unit or Affiliated Union may appeal decisions made by Party Units or the conduct of Party members to the Internal Appeals Tribunal and Review Tribunal. (b) An appeal to the Internal Appeals Tribunal or Review Tribunal is only valid if it: (i) Is addressed to the General Secretary; (ii) Is provided in writing; (iii) States the grounds for the appeal under the Rules; and (iv) Provides evidence to substantiate the claim. (c) Subject to these Rules and Conference, the Internal Appeals Tribunal and Review Tribunal may determine the form and manner in which appeals must be made.

Jurisdiction J.2 (a) The Internal Appeals Tribunal has jurisdiction to hear: (i) Appeals regarding the list of voters for a ballot; … (c) The Review Tribunal has jurisdiction to hear: (i) Appeals against decisions made by the Internal Appeals Tribunal; and (ii) Matters referred to it by the Administrative Committee.

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(d) An appeal to the Review Tribunal against a decision made by the Internal Appeals Tribunal must be lodged within fourteen days of the decision. …

Powers J.8 May make decisions or dismiss proceedings (a) The Internal Appeals Tribunal and Review Tribunal may make decisions on matters referred to them under these Rules. (b) In making a decision on a matter referred to them under these Rules, the Internal Appeals Tribunal and Review Tribunal may make any order or determination that they consider appropriate in the circumstances. (c) The Internal Appeals Tribunal and Review Tribunal may dismiss proceedings at any time if they consider that: (i) The appeal is frivolous, vexatious or not in good faith; or (ii) The subject matter of the appeal is trivial; or (iii) The decision or conduct under appeal occurred at too remote a time to justify a hearing; or (iv) The appellant has no interest or insufficient interest in the decision or conduct under appeal. (d) In any proceedings before them, the Internal Appeals Tribunal and Review Tribunal must act according to the substantial merits of the case without regard to technicalities or legal forms.

OTHER RULES RELEVANT TO THE APPEAL 16. Other relevant Party Rules state:

Electorate Councils G.1 (a) State or Federal Electorate Councils can be set up by the Administrative Committee in any electorate. The number of delegates (members) from each branch to an Electorate Council is worked out as follows: Branch Membership Number of Delegates 15-29 3 30-44 4 45-59 5 60-74 6 For each additional twenty-five members (or part of twenty-five), the branch has one extra delegate. Branch membership is described in Rule I.1 and worked out yearly by counting the branch membership on 30 November of the previous year. (b) Where only one branch exists in an electorate it is called an Electorate Branch and acts as an Electorate Council. (c) Composite branches which have fewer than fifteen members living in an electorate have the following number of delegates: Branch Membership Number of Delegates 1-4 0 5-9 1 10-14 2 Delegates from composite branches are elected by all members who can vote in their branch, but they themselves must live in the electorate for which they are elected. Note: A Composite branch is a branch whose borders cross two or more State or Federal Electorate Councils.

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(d) Branches which have been allowed by Conference to operate with fewer than fifteen members (as allowed in Rule I.4 below), are represented on the same scale as composite branches described in (c) above. … G.2 Delegates to Electorate Councils take office from 1 April as long as the conditions of Rule I.24(c) and (d) (below) have been met. …

Branches G.17 (a) Any branch which has not fully paid its affiliation fees (fees for each member of the branch), and whose certified list of branch members is not received by the Council Secretary on or before 31 March in any year, will be regarded as unfinancial by the Council. The delegates from unfinancial branches will not be able to vote at any meeting of the Council or to hold office until their branch becomes financial again. The names of unfinancial branches will be read out by the Secretary at each Council meeting. (b) When affiliation fees have been paid and the certified list of branch members has been received by the Secretary of the Council, a branch is considered to be financial (fully paid- up) and its delegates are able to vote on the Council. …

Branch Secretary I.24 The Secretary (or if he/she is away, the Assistant Secretary) must: (a) Keep proper Branch records. These records include: - Branch Attendance Book; and - Branch Minute Book. The Secretary also deals with letters to and from the Branch (correspondence). (b) Pay all monies over to the Branch Treasurer. This should happen either at Branch meetings or as soon as possible afterwards. (c) Before 31 March each year send the return sheets listing Branch members to the Secretaries of the State and Federal Electorate Councils, Local Government Committees, and to the General Secretary. The return sheets must include names, addresses and union memberships. Failure to lodge required Branch or Electorate Council Annual Financial Returns to the NSW Branch Office may result in the Administrative Committee suspending the charter of the Branch or Electorate Council. (d) Before 31 March each year, send the Branch affiliation fees to the Secretaries of the State and Federal Electorate Councils and Local Government Committees. The affiliation fees are worked out on the basis of the Branch membership on the previous 31 December. Each Branch’s affiliation fees are worked out, from time to time, by the Administrative Committee. (e) Branches can only be represented on State or Federal Electorate Councils or Local Government Committees if they have paid their affiliation fees and sent in their return sheets. (f) As soon as the Electorate Councils have given the Branch Secretary the details of the date, time and place for nominations and the details of the Annual General Meeting, he/she must tell the Branch delegates to each Electorate Council. (g) If a delegate elected to represent a Branch, an Electorate Council or Local Government Committee is unable to perform a function as a delegate, the Branch Secretary may appoint an alternate delegate elected by the Branch for the Council or Committee to exercise that function.

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QUESTIONS FOR CONSIDERATION 17. There are four (4) specific questions for consideration by the Review Tribunal: a) Was the Internal Appeals Tribunal within its rights to make its orders of 5 July 2014? b) Should the order of the Internal Appeals Tribunal to rehold the Gosford SEC AGM and conduct a new ballot be upheld? (or alternatively, should the Original Ballot be endorsed?) c) If the Original Ballot is endorsed, how many Delegates is the Gosford Branch entitled to? d) Furthermore, if the Original Ballot is endorsed, which of the challenge votes should be included in the ballot before it is declared?

CONSIDERATION 18. The appellants have, as setout above, argued on a number of grounds why the order of the Internal Appeals Tribunal should be overturned. 19. It is important to note that the decision of the Internal Appeals Tribunal, if endorsed at this stage, would disenfranchise the Gosford SEC of its representation at the NSW State Conference given the proximity of the hearings to the weekend of Conference (26 & 27 July 2014). The Tribunal notes the importance of the Party Officers with the co-operation of the moving parties, to establish the timeframe for these extraordinary (but not unpredictable) circumstances so that these matters can be considered in a timely manner. 20. The dispute subject of the initial challenge was whether the Gosford Branch Delegates should be entitled to vote at the AGM and, if so, the appropriate number of delegates that should be added to the eligible list of voters for the AGM. It is was also asserted that such a decision can only be made after credentialing of the Branch Books. 21. The decision of the Internal Appeals Tribunal makes clear that the substantive challenge to the list of eligible voters was not considered, as they were not satisfied as to the processes relating to how the Branch Returns were receipted by the SEC Secretary. 22. It is the opinion of the Review Tribunal that matters peripheral to the challenge were bought to bear before the Internal Appeals Tribunal and contaminated its reasoning. This resulted in the order it made. Notwithstanding this, under Rule J.8(b), the Internal Appeals Tribunal is within its rights to make the order to rehold the AGM should it consider the dispute so required. 23. At issue is whether the Branch Return of the Gosford Branch was lodged in accordance with the Party Rules. It is also claimed that a Branch Secretary has strict liability to ensure a Branch Return is lodged with a SEC Secretary by 31 March. However, as Rule G.17(b) states: “When affiliation fees have been paid and the certified list of branch members has been received by the Secretary of the Council, a branch is considered to be financial (fully paid- up) and its delegates are able to vote on the Council”. This provides an opportunity to lodge returns after the 31 March. The Review Tribunal notes that under the Rules there is no opportunity to submit a Branch Return (and claim to be admitted to the list of eligible voters) within the period where challenges to the eligible voting list are unable to be made (Rule A.27(a)(i) before 5pm, two working days before a ballot). 24. Evidence persuades the Review Tribunal that the Gosford Branch did prepare a Branch Return. It is in dispute as to when it was lodged given that it was apparently sent to a wrong address. In the interests of fairness and in the spirit of the rules, the Review Tribunal finds the Gosford Branch Return had been lodged in good faith. The Review Tribunal does not accept that Rule G.17 is applicable in this matter because there was an effort made to submit the Branch Return, remit affiliation fees and a supply a membership list. The Review Tribunal should therefore err towards the inclusion of these Party Members and to ensure the SEC is fully enfranchised at the NSW Conference. 25. As to the effect of Rule A.27(a)(i), the Gosford SEC Delegates were not provided with an opportunity to credential the Gosford Branch Return in the circumstances. It is the opinion of the Review Tribunal that the other substantial issue is whether or not the Gosford Branch Delegates, who have been issued challenge votes in the Original Ballot, should be counted in the declaration of the remaining positions. 26. The Official Branch Listing shows that there are Branch members from more than one (1) State Electorate. That Branch was a composite Branch. Under Rule G.1(c), composite branches which have fewer than fifteen members living in an electorate have the following entitlement to delegates:

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Branch Membership Number of delegates 1-4 0 5-9 1 10-14 2 27. Therefore, the Review Tribunal finds a credentialing of the Gosford Branch is required under the Party Rules to verify the proper number of delegates that the Gosford Branch is entitled to send to the Gosford SEC. Only then can the fate of each Delegate under challenge be determined (including if eligible whether the Delegates had the power to substitute Mr Hinckley, a Gosford Branch Nominated Alternative Delegate for Ms Buckley). 28. The Review Tribunal notes that the extra grounds for Appeal claimed by the appellants and not noted in these considerations are not necessary for consideration in this matter. 29. The Tribunal expects that the credentialing of the Gosford Branch and the completion of the counting and declaration of the ballot for the remaining positions occurs in time for the Conference on Saturday 26 and Sunday 27 July. 30. The Tribunal also trusts that the Gosford SEC and Gosford Branch officials will cooperate to enable this to occur.

ORDERS 31. The Review Tribunal orders the following: A. That the Orders of the Internal Appeal Tribunal of 5 June 2014 be overturned; B. That the Original Ballot be reinstated; C. That the Gosford Branch books be credentialed by the General Returning Officer (or his delegate) so as to confirm the correct entitlement of delegates for the Gosford Branch to the Gosford SEC as at the original AGM date in accordance with the Party Rules; D. Should the credentialing verify an entitlement of between one (1) and three (3) votes Gosford Branch Delegates to the Gosford SEC, then the votes of Kevin Parish, Max Prince and Ken Hinckley should be included in that order. E. It is appropriate that a full credentialing of branch books take place prior to the 2015 SEC Annual General Meeting.

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PARRAMATTA PRESELECTION 9 OCTOBER 2014

The Tribunal requests that Mr Pierre Esber’s bank statement be provided by 5pm Friday 10 October, showing the processing of Ms Sabah Esber’s membership payment.

Once the Tribunal has considered this documentation a final decision will be made.

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PROSPECT PRESELECTION 9 OCTOBER 2014

Mathew Craig The Tribunal requests that Mr Craig provide a written statement by 5pm on Wednesday 15 October 2014, in response to the assertion that he is not eligible to vote. The Tribunal will consider this statement and make a decision. Mr Craig is entitled to case a challenged vote on Saturday 11 September 2014.

Georgina Gewargis The Tribunal requests that a copy of the Rules as they applied at 2 July 2012 be provided to them before the ballot on Saturday. This is to clarify the inconsistency between Rule A.19 and Rule N.21(d)(i).

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GOSFORD REVIEW TRIBUNAL DECISION 14 OCTOBER 2014

MEMBERS PRESENT: James (Chair) Kavanagh (Deputy Chair), Bolton, McKenzie, Tebbutt,

DISPUTE & BACKGROUND 1. On 3 October Mr John Della Bosca, Secretary of the Kariong Branch in the Gosford SEC, lodged an appeal before the NSW ALP Review Tribunal against a decision of the NSW ALP Internal Appeals Tribunal which found: i. there had been no decision by the NSW Administrative Committee to refer the Gosford preselection to the ALP National Executive but ii. no relief could be provided under the State Rules in the terms sought by Mr Della Bosca namely: that the resolution of the National Executive to take control of the preselection for the State electorate of Gosford be declared invalid and that the NSW Branch conduct the preselection in accordance the NSW Rules governing pre-selections. 2. The NSW General Secretary, Mr Jamie Clements, wrote to the National Executive and referred the preselection for the State electorate of Gosford with reference to a recommendation from the NSW Administrative Committee. Although the Internal Appeals Tribunal has found there was no such recommendation by the NSW Administrative Committee, the National Executive acted upon the referral. While it may have been, in effect, a unilateral referral by the General Secretary the NSW ALP Parliamentary Leadership requested it of him. The National Executive has used its plenary powers under National Rule 7 to assume control of the Gosford preselection. It has set a timetable for the ballot and stayed the conduct of such a ballot until the appeals are finalised. Mr Della Bosca has revealed he and Ms Belinda Neal (who is considering her candidature for the Gosford preselection) have also appealed the decision of the National Executive to hold a ballot of the National Executive for the Gosford preselection. Those appeals are before the National Appeal Tribunal. 3. The Review Tribunal received comprehensive submissions and oral argument from Mr Della Bosca and Ms Neal. Neither Mr Della Bosca nor the General Secretary challenged the Internal Appeals Tribunal’s decision that NSW Administrative Committee had not referred the Gosford preselection to the National Executive. 4. The central issue before the Review Tribunal, as pressed by Mr Della Bosca, is whether the NSW Internal Appeals Tribunal and the NSW Review Tribunal (collectively “the NSW Tribunals”) have jurisdiction to interfere with a decision of the National Executive to hold a ballot for the preselection of a candidate for the State electorate of Gosford and to order the relief sought on appeal. 5. The National Rule 5 establishes the National Executive is the chief administrative body of the party and is subject only to the National Conference. Its powers are defined in National Rule 7. It may exercise all powers of the party on its behalf without limitation and its decisions bind all sections and members of the ALP. It may hear appeals from members and is empowered to conduct preselections in its role as guardian of the National Constitution and the National Platform. It is bound however in conducting such preselections for Public Office by party policies such as the affirmative action policy. 6. It was submitted while the National Executive holds a plenary power, that power cannot be used by the National Executive to override the particularity of State Rules, which Rules are read in conjunction with the National Constitution and National Rules. Under the NSW Rules, Section N enunciates four (4) alternative procedures any one of which could be followed for the selection of candidates in NSW. These are (commonly): i. Rank-and-file ballot (Rules N.1 to N.43); ii. Suspension of selection ballot (Rule N.44); iii. Selection in a designated area (Rules N.45 & N.46); and iv. Community preselection (Rule N.47).

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7. None of the four (4) procedures enunciated in Section N, it was submitted, empower the National Executive to preselect candidates for NSW electorates. Therefore it was contended the Review Tribunal should declare the decision made by the National Executive that a ballot of the National Executive be held to select a candidate for the State electorate of Gosford is ultra vires. It was further submitted by Mr Della Bosca that the Review Tribunal order the appropriate procedure to be followed for preselection of a candidate for the State Electorate of Gosford is a rank and file ballot under Rule N.1 to 42. 8. A threshold issue is whether NSW Tribunals have jurisdiction over decisions of the National Executive as is contended by Mr Della Bosca. Secondly, whether National Rule 7, given the breadth subsection (d), can affect the limit that NSW Rule Section N places on the procedures which could be followed for preselection for Public Office in NSW. 9. Section J of the NSW Rules gives jurisdiction for the Review Tribunal to hear appeals from the Internal Appeals Tribunal and matters referred to it by the NSW Administrative Committee. The Internal Appeals Tribunal’s jurisdiction is also limited as determined correctly in the Internal Appeals Judgment (paras 17-19). 10. Whilst the NSW Tribunals have power to consider matters referred to them under the NSW Rules, we do not accept the contention that the NSW Rules, construed together with the National Rules, empowers NSW Tribunals to instruct the National Executive on its reading of those Rules and thereby gives NSW Tribunals jurisdiction over the National Executive. The NSW Tribunals therefore do not have jurisdiction over appeals from decisions of the National Executive. 11. We concur with the determination of the Internal Appeals Tribunal that the decision of the National Executive continues to operate unless set aside by the National Executive itself or by the National Conference. There are appeals before the National Appeal Tribunal arising from this dispute and a timetable for the hearing has been set. The National Appeals Tribunal under National Rule 18 has the power to make a recommendation to National Executive to set aside a decision. 12. It is therefore unnecessary to consider in detail the submission as to whether Section N of the NSW Rules has the effect of trammeling the plenary powers of the National Executive in relation to the preselection of candidates for Public Office in NSW in the context of the National Rules. 13. Mr Della Bosca continued to press the Review Tribunal for a finding that the General Secretary has demonstrated a bias against Ms Neal and such bias has infected any decision of the NSW Administrative Committee. We are not persuaded as to the alleged bias but find it unnecessary to consider the submissions in detail as it has been accepted there was no referral made by the NSW Administrative Committee.

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MS B PERRY V MR H ZRAIKA DIRECTIONS OF THE HEARING 8 DECEMBER 2014

The Tribunal directs that: 1. Ms Barbara Perry is required to submit a formal notice of appeal no later than 5:00pm on Thursday 11 December 2014. 2. The notice of appeal should include the following: a. The grounds of appeal b. Reference(s) to evidence already provided in support of the grounds of appeal c. An outline of the nature and extent of further evidence to be submitted at a later date d. Requests for further production of documents from Party Office 3. The Secretary to the Tribunal is required to forward the notice of appeal to the respondent’s legal representative as soon as it has been lodged. 4. The respondent is required to submit a reply to the notice of appeal no later than 5:00pm on Monday 15 December 2014. 5. The Secretary to the Tribunal is required to forward the response to the appellant’s legal representative as soon as it has been lodged. 6. A further directions hearing will take place on Thursday 18 December 2014 at 6:30pm at NSW Labor Party Office. This hearing will decide the procedure for lodging final written submissions and evidence. 7. The Secretary to the Tribunal will forward both parties a copy of a confidentiality agreement to be signed by all persons who receive further documentation from Party Office in relation to this matter. 8. If any party has an objection to the production of further documents, they should lodge a written submission outlining their objection as soon as possible. 9. The final appeal will be heard on 23 December 2014 at a place and time to be confirmed.

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MS B PERRY V MR H ZRAIKA DIRECTIONS OF THE HEARING 23 DECEMBER 2014

The Tribunal directs that: 1. Ms Perry will lodge further submissions by Friday the 16th of January 2015 at 5:00pm with the Secretary to the Tribunal. 2. The Secretary to the Tribunal will forward a copy of Ms Perry’s submissions to Mr Zraika’s legal representative as soon as they are received. 3. Mr Zraika will lodge further submissions and a response by Monday 19th of January at 5:00pm with the Secretary to the Tribunal. 4. The Secretary to the Tribunal will forward to a copy of Mr Zraika’s reply and submissions to Ms Perry’s legal representative as soon as they are received. 5. A meeting of the Tribunal will commence at 9:00am at Level 9, 377 Sussex Street, Sydney on Wednesday the 21st of January 2015 to hear the matter.

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IN THE MATTER OF HICHAM ZRAIKA REASONS FOR DECISION 6 FEBRUARY 2015

INTRODUCTION 1. Ms Barbara Perry, the current Member for Auburn and Councillor Hicham Zraika, the secretary of the Regents Park branch of the Party, were both candidates in the rank and file pre-selection for the state seat of Auburn. Ms Perry initiated two related appeals arising from issues associated with that pre-selection. Both appeals were originally brought before the Internal Appeals Tribunal. The first appeal related to the eligibility of a large number of ALP members to vote in the pre-selection. The second appeal concerned a charge Ms Perry brought against Mr Hicham Zraika alleging that he engaged in “unworthy conduct” within the meaning of Rule A.35 of the Party’s Rules. 2. In a series of decisions dated 2 December 2014, the IAT ruled on the eligibility of this extensive list of voters, some being ruled eligible and others ineligible. In a separate decision, the IAT dismissed the charge against Mr Zraika. Ms Perry appealed to the Review Tribunal against both IAT decisions. The pre-selection ballot took place prior to the Review Tribunal commencing its hearing, but the votes were not counted. The declaration of the ballot was postponed pending the Review Tribunal hearing. 3. The Review Tribunal commenced a joint hearing of these appeals on 23 December 2014. The Tribunal and the parties agreed that all of the evidence concerning the eligibility of voters in the pre-selection was relevant to the consideration of the “charge matter”. The hearing could not be finalised on the first day and was adjourned until 21 January 2015. Much had happened by the time the Tribunal resumed its hearing. 4. On 24 December 2014 John Robertson resigned as the Leader of the NSW Parliamentary Labor Party. On 5 January 2015 Luke Foley MLC was elected the new Leader of the Parliamentary Labor Party. On 17 January 2015 the ALP National Executive re-opened nominations for a rank and file pre-selection for the state seat of Auburn. Ms Perry and Mr Zraika withdrew as candidates. Mr Foley was the only nominee. He was elected unopposed and was endorsed as the ALP candidate for the seat. 5. Consequently, when the Tribunal hearing resumed on 21 January 2015, the challenges concerning voters’ eligibility to vote had become otiose, leaving only the appeal concerning the charge against Mr Zraika extant. The evidence previously tendered, though, remained relevant and was considered in the remaining appeal. This decision, therefore, relates to the charge against Mr Zraika.

The Charge 6. In a letter to the General Secretary dated 6 November 2014 Ms Perry charged Mr Zraika with unworthy conduct pursuant to Rule A.35(a). The particulars of the charge initially focused on Mr Zraika (a) knowingly recruiting Party members who do not live at their claimed addresses in an attempt to gain an advantage at local Party meetings or the outcome of Party ballots; and (b) funding Party memberships for other individuals or groups of individuals who would otherwise be un willing to pay their own subscriptions. 7. The Party Officers referred the charge to the IAT for determination. The IAT dismissed the charge. Ms Perry appealed against that decision. 8. At the hearing of the appeal Mr Maurice Neil QC, who appeared with Mr Matthew Tyson for Mr Zraika, argued that the Rules did not allow for an appeal to the Review Tribunal against the IAT’s dismissal of a charge. This argument was rejected in a separate judgment of the Review Tribunal delivered on 21 January 2015. 9. During the course of the hearing in the Review Tribunal, Ms Perry presented fresh evidence and the Tribunal caused the party Officers to produce records and present evidence, all of which shed further light on aspects of the evidence considered by the IAT. This evidence also added further particulars to the charge of “unworthy conduct”. Thus, the charge that was ultimately considered by the Tribunal was somewhat broader than the charge which was considered by the IAT. As well as the original aspects previously considered by the IAT, the evidence received by the Review Tribunal also raised issues as to whether Mr Zraika engaged in unworthy conduct as the Secretary of Regents Park Branch in the keeping of the Branch attendance and minutes books.

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10. The appeal before the Review Tribunal is a rehearing where the Review Tribunal has the ability to receive new or fresh evidence (for instance, Rule J.7 allows the Review Tribunal to require party members to provide statements and to produce documents). The Review Tribunal must conduct proceedings “according to the substantial merits of the case without regard to technicalities or legal forms” (Rule J.8(d)). Both parties took the opportunity to present new evidence. The Review Tribunal also required records to be produced including the Regents Park and Newington Branch attendance and minutes books.

The Political Background 11. Barbara Perry has been the member for Auburn since 8 September 2001. From 2007 until 2011 Ms Perry held a number of portfolios in the Labor Party Government including Minister for Western Sydney, Minister for Juvenile Justice, Minister for Local Government and the Minister assisting the Minister for Health (Mental Health). More recently, she has been a Shadow Minister for Family and Community Services, Aboriginal Affairs, Heritage, Disability Services, Mental Health and Ageing. 12. Hicham Zraika has been a member of the ALP since about 2000. He has been a Councillor on Auburn City Council since about 2004 and twice served as Mayor. He has been the Secretary of the Regents Park Branch for many years. That Branch has a large membership base. It is clear that Councillor Zraika has a wide range of political skills and significant experience as a Branch Office holder. It is unlikely that Mr Zraika could have achieved as much as he has without playing a central role in the organisation of ALP Branch affairs in the state seat of Auburn. It is apparent that Councillor Zraika has had ambitions to secure the seat of Auburn for some time. It is also clear that, as at the date of the original pre-selection, Councillor Zraika was likely to have had significant rank and file support for his candidacy. 13. The New South Wales state elections will be held on 28 March 2015. A vast majority of ALP candidates have already been selected. The rank and file pre-selection for Auburn was one of the last pre-selections called. Nominations originally opened on 7 November 2014. Thus, all voters needed to have completed all pre-requisites for eligibility prior to 7 November 2014. 14. It is of some significance, therefore, that large numbers of new members joined both Auburn and Newington Branches in October and November 2012, approximately 2 years prior to the date that nominations were eventually opened for a rank and file pre-selection. There can be no doubting that the recruitment of very large numbers of members to those two Branches at about that time was likely to have been for the purpose of assisting with somebody’s candidacy in a potential rank and file pre-selection for the state seat of Auburn. It is also likely that the recruitment of those members was not organised or driven by Ms Perry.

Problems with Party Members’ Addresses 15. Evidence before both the IAT and the Review Tribunal demonstrates that the official party records show numerous examples of members living in the Auburn electorate whose postal addresses and residential addresses differ from the addresses at which they are enrolled to vote at federal elections. In most instances, the relevant members’ addresses on the electorate roll corresponds to the address that is disclosed on the application to join the ALP. But, by 2013 and 2014, there were many irregularities in addresses appearing in the ALP computer printouts. 16. For instance, the party membership lists for 2013 and 2014 contain a number of members said to be residing at 128 Avenue of the Americas, a non-existent address. 17. On 18 September 2013, a large number of members resident in the Auburn state electorate had their addresses changed in the records maintained by Head Office. The Review Tribunal’s attention was drawn to nine members, all with the surname Zreika, whose residential address was changed to 2 York Street, Berala. This address is the home residence of Hicham Zraika, the respondent to the appeal. Another 16 members had their residential address changed to PO Box 1158 Auburn. All of those members had surnames Zreika, Zraika or Zrayka. That post office box was Mr Zraika’s mailing address. Mr Zraika and his wife are the only people enrolled at 2 York Street Berala. 18. Mr Zraika gave evidence in person and in writing to the IAT. The IAT found that his evidence on these matters was “less than entirely satisfactory” – at [20]. The Review Tribunal has formed an even more unsatisfactory view of Mr Zraika’s evidence about this issue. 19. Before the IAT, Mr Zraika claimed that prior to the charge being brought by Ms Perry, he did not know that anyone other than he and his wife were recorded in the Party membership lists as residing at his home or at his mailing address. This is despite the fact the Mr Zraika must have received Branch membership lists in his capacity as both the Secretary of Regents Park Branch and the Secretary of the Auburn SEC. Mr Zraika told the IAT that he did not look at the membership lists ‘in detail’. But, he also told the IAT that he was “possibly aware” that branch members’ addresses had been changed to his residential address and he postulated that “some people may have changed

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their address so that the Branch Secretary could assist non-English speaking people’. Later he said that he “became aware of some of the changes in addresses around the time of the federal leadership ballot in 2013.” Obviously, these accounts are inconsistent. 20. Mr Zraika told the IAT that, during the leadership ballot for the Federal Parliamentary Labor Party, he received at either his home or his postal address several ballot papers marked for the attention of other members who did not reside at either address. He passed these ballot papers on to their intended recipients. In the light of this evidence, the IAT concluded, at [27], that Mr Zraika should have “demonstrated more initiative in bringing (the possibility of errors or discrepancies in the Party’s membership list) to the attention of the Party Office.” But the IAT also thought that “the fact that he was receiving ballot papers intended for others may have indicated no more than that the Party’s membership list did not correctly state the mailing addresses as distinct from the residential addresses of those members. It is difficult, in light of this, to conclude that Mr Zraika was so grossly derelict in the performance of his functions as Secretary of the Regents Park Branch as to merit sanction in the form of suspension of his membership or expulsion”. 21. The IAT concluded that in the absence of sufficient evidence to attribute the vast preponderance of the discrepancies to Mr Zraika, Ms Perry had failed to make good her allegation that the membership lists were indicative of unworthy conduct attributable to Mr Zraika. As will be apparent from the reasons below, the Review Tribunal is of the view that the IAT erred in making its conclusions based solely on “direct evidence” without giving sufficient consideration to inferences that could be drawn from the totality of the evidence. 22. Even so, the IAT did conclude, at [29], that “Mr Zraika was delinquent in meeting his responsibilities as Secretary of the Regents Park Branch” because, “having been alerted to the possibility of errors in the Party’s records during the course of the contest…for the leadership for the FPLP, Mr Zraika should have sought to ensure that members of the Regents Park Branch were recorded as residing at the addresses at which they were enrolled to vote”. 23. The evidence concerning the incorrect addresses was expanded upon in the Review Tribunal. The Assistant General Secretary, Kaila Murnain, gave evidence that she authorised the address changes following a request from Michael Buckland who was, on 18 September 2013, employed in the Office of Senator Sam Dastyari. The changes made at the initiative of Mr Buckland involved about 50 Branch members including all of the people said to have resided at 2 York Street and 19 people said to have resided at relevant the post office box. Mr Buckland no longer works for Senator Dastyari. It seems, though, that Mr Buckland sent an email to Head Office seeking changes in addresses to a larger number of ALP members than those living in the Auburn SEC. That email was not produced to the Tribunal. Mr Buckland did not give evidence to the Tribunal. 24. There has been no explanation provided as to how or why Mr Buckland sought to have these addresses changed. None of the relevant members gave evidence to the Tribunal. Mr Zraika provided a witness statement to the Review Tribunal which was made on 22 December 2014. In that statement he said, at [24] that at the time of the 2013 leadership ballot, he received envelopes sent to “my address” which he “passed on to the other members”. At [28] he explained that, as the Secretary of an ALP Branch with about 300 members, as a family man with children, as a practising physiotherapist and as an Auburn City Councillor he was very busy and “with the benefit of hindsight, I accept that I should have sent the envelopes back (to the National ALP) but I was exhausted at the time from morning until well into the evening”. In this manner he explained his admitted “lack of diligence”. 25. Ms Perry contended that Mr Zraika’s handling of the postal ballots in 2013 constituted offences of theft of mail pursuant to s 471.1 of the Criminal Code Act (Cth) 1995. It was submitted that Mr Zraika took part in an improper scheme to obtain the ballot papers of other members by altering their postal addresses. This submission was misconceived. 26. There is no evidence at all that would allow a conclusion to the requisite standard, namely, the Briginshaw standard, that Mr Zraika dealt with any of the postal ballots with the intention of permanently depriving another person of the mail (per s 471.1(1)(b)). Even given the wide definition of ‘intention of permanently depriving a person of mail’ outlined in s 471.1(3), there is just no evidence that Mr Zraika or anyone on his behalf or at his direction opened any of the envelopes and filled in the ballot papers. The allegation of mail fraud was one of a number of serious allegations made against Mr Zraika that, ultimately, led counsel for Mr Zraika to advise him not to give evidence before the Review Tribunal. In the submissions provided to the Tribunal on 21 January 2015, the Tribunal was informed, at [7], that “in the light of the escalating allegations of serious criminal misconduct and the threatening comments about the offences giving rise to long term imprisonment and in light of the fact that the Review Tribunal can give no protection to Mr Zraika, Ms Perry’s conduct of her case means that Mr Zraika is entitled to, and will, decline to give evidence”. 27. Postal theft was not the only crime that Mr Zraika was accused of during the course of the Review Tribunal. There will be more discussion of this below. But, in the light of criminal allegations being made against him, Mr Zraika was

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perfectly entitled to refuse to give evidence before the Review Tribunal. The Review Tribunal cannot, of course, draw any adverse inference from Mr Zraika exercising his “right to silence”. But the timing of this decision has left a number of significant questions unanswered. In the absence of Mr Zraika’s explanations about issues, the Tribunal can more readily reach safe conclusions based on all the other evidence and the inferences available therefrom. 28. The change of addresses to 2 York Street and to PO Box 1158, the surnames of all of the members being Zreika, Zraika or Zrayka (which themselves establish a connection with Mr Zraika sufficient for him to be able to understand who the recipients were and to be able to pass on the ballot papers to them), Mr Zraika’s handling of the postal ballots in late 2013, his failure to take any steps to rectify these false addresses in the party records and his unsatisfactory evidence in writing and in oral evidence before the IAT and in his written statement before the Review Tribunal all make it impossible for the Tribunal to accept that Mr Zraika did not know or have any understanding that the addresses were going to be changed or that they had been changed prior to the Federal Parliament Labor Party leadership ballot. We are unable to positively conclude that he organised the changes in the addresses but we are unable to accept his assurances that he knew nothing about it until he received the ballot papers. We are not able to determine precisely when and how he came to know about the changes in addresses to his own residence and post office box but, at the very latest, he was aware of the incorrect addresses at the time of the Federal Parliamentary Party leadership ballot. It is likely that he received in excess of 20 ballot papers either to his home address or to his post office box. If so, that was an extraordinary occurrence. If in fact he had no prior knowledge of the changes in address, the arrival of more than 20 ballot papers must have been quite alarming. It required positive action both because it was necessary to preserve the integrity of the FPLP leadership ballot and it was also necessary to ensure that all other ALP correspondence was sent to the correct addresses. So it is, that the Review Tribunal finds Mr Zraika’s failure to take steps to rectify the incorrect addresses at any time prior to the calling of the pre-selection ballot a serious dereliction of duty both as a Party member and as a Party official.

ALP Membership Renewals 29. Ms Perry alleged that Mr Zraika had funded Party memberships for a large number of members in the Auburn electorate who would otherwise have been unwilling to pay their own fees. The IAT was not satisfied that Mr Zraika did renew and pay for other members’ subscriptions. 30. The evidence before the IAT established that, of Regents Park Branch’s 307 financial members, 225 had their memberships automatically renewed on 1 November 2013 in respect of their 2014 membership. Of these 225 members, 52 had their 2013 memberships renewed on the Party’s computerised records on 22 March 2013 and 146 on 28 March 2013. There were other indicators of apparent organisation as well. Understandably, the IAT concluded that there was ‘an unusual degree of organisation, if not coordination’ in the renewals of the memberships’ [32]. But the IAT was not prepared to infer that Mr Zraika paid for the renewals. 31. The Review Tribunal required the Party Officers to produce all relevant documentation and records relating to the Regents Park renewals in 2010 through to 2014. Kaila Murnain, the Assistant General Secretary, gave evidence to the Tribunal about the normal process of renewals and about a thorough search that the Party conducted to identify all of the relevant documents. Ms Murnain’s evidence was insightful and of great assistance to the Tribunal. Nevertheless, it is apparent that there are significant problems administering the membership renewal process at the NSW Branch Office. Ms Murnain frankly conceded that the processing of membership renewals was often postponed for more pressing work, especially during election campaigns. It is common for very large numbers of membership renewals to be ‘warehoused’ for quite long period. The Tribunal accepts that the process of renewing thousands of members’ subscriptions is labour intensive and taxing. But, significant delays in handling renewals and, perhaps, funds that accompany the renewal applications, is an unacceptable practice which needs to be rectified. In this case, the process has made it virtually impossible to determine the circumstances in which hundreds of memberships in the Regents Park Branch were renewed in 2013. 32. Most importantly, although the Tribunal is satisfied that it is entirely likely that many Regents Park memberships were renewed in groups (perhaps even large groups), the Party Officers were unable to produce any financial records whatsoever that would indicate whether or not the membership renewals were paid for by individual members or by others in groups or individually. No receipts could be located for any of the relevant renewal applications. Ms Murnain explained to the Tribunal that the Party’s banking records would have insufficient detail to match monies banked with any particular renewal applications being received. 33. This opaque process is rife for manipulation. The Review Tribunal has insufficient evidence before it to safely reach a conclusion that the renewal process was manipulated contrary to the rules by Mr Zraika or by anybody else. Conversely, though, the Review Tribunal is satisfied that many Regents Park Memberships were renewed in groups. Whether that be in a manner contrary to the rules or not, it is too difficult to tell.

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34. The Review Tribunal accepts the submissions put to it by Mr Ian Latham, counsel for Ms Perry, that the objective indicators strongly suggest that there were ‘group renewals’. An important insight into this process is the fact that all renewal forms are date stamped on the day that they are received by Head Office staff. The date stamps on the renewal forms suggest that they were dealt with in groups. 35. On 7 March 2013 nine renewal forms were stamped for members with surnames commencing in E. On 8 March 2013, 11 renewal forms were stamped for members with surnames commencing with D or E. On 11 March 2013, there were eight renewal forms stamped for members with surnames commencing with A or B. On 12 March 2013, there were 12 renewal forms stamped for members with surnames commencing with B and C. On 14 March 2013, there were eight renewal forms stamped for members with surnames commencing with A. On 18 March 2014, there were 12 renewal forms stamped for members with surnames commencing with A. 36. The Review Tribunal accepts the argument that the pattern of alphabetical processing demonstrated by the date stamps on the renewal forms makes it implausible that individual members would have attended personally with their own renewal forms to present them to Head Office staff. 37. An examination of the dates that renewal forms were signed and then a comparison with the dates that those forms were date stamped upon receipt in Head Office also makes it implausible that the applications were actually provided to Head Office by the individual members. 38. The evidence concerning the number of irregularities identified in the postal addresses of Regents Park members also tends to suggest that there was a degree of coordination of membership renewals. It was not just the Federal Parliamentary leadership ballot papers that were sent to the wrong addresses. All Party correspondence would have been forwarded to the incorrect addresses, including the renewal applications for memberships for the years 2013 and 2014. Mr Zraika received the leadership ballots. It is most likely that he also received he financial membership renewal forms. He did not mention this fact in his evidence before the IAT nor in his statement before the Review Tribunal. 39. Not one single member from Regents Park Branch provided any statement or information to either the IAT or the Review Tribunal about how their memberships came to be renewed or financed. This absence of evidence from members did not assist the Review Tribunal. Had the other evidence concerning this issue been more clear, the absence of evidence from members may have allowed the Tribunal to more safely reach an inference about how memberships were renewed and by whom. Unfortunately, though, the financial records that relate to this information were too poor to reach any conclusions about who paid for what memberships. 40. Whilst the Review Tribunal has concerns about whether Mr Zraika or others acting with him or at his direction did pay for and renew bulk membership renewals, we are not prepared to positively find that Mr Zraika himself renewed any Party memberships let alone that he paid for any of them. The paucity of the Party financial records relating to renewals does not allow the Tribunal to safely conclude that Mr Zraika was personally responsible for paying for any of the memberships. 41. But, as was pointed out by counsel for Mr Zraika, even if large numbers of Regents Park members had their membership fees renewed in groups, it does not necessarily follow that any of the NSW Branch Rules were breached. This is despite the fact that the National ALP Constitution and Rules make it clear that recruitment of members and renewal of memberships for individuals or groups who would not otherwise be willing to pay their own subscriptions constitutes an abuse of Party rules. National rule 15 (k) states that, “involvement in such abuses will be considered as behaviour likely to bring the Party into disrepute and will result in disciplinary action which may include expulsion under the rules of the Party”. 42. National rule 15 (f) requires members to personally renew their memberships by a number of mechanisms which are meant to encourage individuals to do so personally. But, one of the acceptable methods of both applying for membership and renewing membership is (per Rule 15 (e) (iii)), “if their State or Territory Branch Rules currently permit, signing their own membership application and arranging a person to attend the State or Territory Branch office on their behalf to submit the application and their membership fee (identification is necessary)”. 43. At the 2012 NSW Labor State Conference, the Rules were changed to allow individuals to submit membership applications and renewals on behalf of others so long as:

■ The person who hands in a signed membership application form at the Party Office with the correct membership fee on behalf of another person must provide identification; and

■ The Party Office must keep a record of the identity of a person who hands in a signed membership application form at the Party Office with the correct membership fee on behalf of another person; and

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■ The Administrative Committee may establish procedures to ensure that applicants are personally applying for their own membership and paying with their own funds. 44. At the 2014 NSW Labor State Conference, a disclosure form was introduced for anyone submitting a membership form or renewal form on behalf of another person which must record the name of the person submitting the membership form. The Party Office must keep a record of the identity of the person who hands in the application form and the person who hands in the membership application form on behalf of another must fill in the declaration form. The Party must keep a record of these forms (Rule A.12). 45. The Tribunal accepts the argument presented by Mr Zraika that the current rules permit bulk renewals. They also permit Branch officials to present bulk renewals on behalf of multiple members. 46. In Mr Zraika’s statement dated 22 December 2014 received by the Review Tribunal, he stated, at [6], “I deny that I funded Party memberships for other individuals or groups of individuals who would otherwise be unwilling to pay their own subscriptions”. 47. This denial was not tested before the Review Tribunal. 48. The Review Tribunal found this aspect of the evidence most unsatisfactory. The Review Tribunal accepts the submission made on behalf of Ms Perry that payments made for bulk membership renewals exceeding $1,000.00 or smaller amounts that in aggregate exceed $1,000.00 constitute reportable political donations under s 86 of the Electoral Funding, Expenditure and Disclosures Act 1981. There is a real public interest in the Party ensuring transparency of this potentially insidious and problematic aspect of the administration of the NSW ALP. For this reason, the Review Tribunal will subsequently be recommending that a number of steps be taken to remedy the current system of handling party membership and renewal applications.

Poor Branch Record Keeping 49. As noted above, Mr Zraika’s handling of other members’ ballot papers in the Federal Parliamentary leadership ballot and his failure to take any step to rectify the incorrect addresses of members of the Regents Park Branch constituted a serious dereliction of his duties as a Branch Secretary. The IAT also criticised Mr Zraika’s conduct in that regard but, the IAT did not conclude that Mr Zraika’s performance of his functions of Secretary of the Regents Park Branch was so grossly derelict as to merit sanction in the form of suspension or expulsion ([27]). The IAT did consider whether or not to issue a formal reprimand but as neither party addressed Mr Zraika’s conduct as the Secretary of the Regents Park Branch before the IAT, no reprimand was issued. 50. In the proceedings before the Review Tribunal, Mr Zraika challenged the finding of the IAT that his handling of the issue relating to the incorrect addresses of Regents Park members was derelict. Ms Perry pressed it as a particular of the charge. 51. The issue concerning Mr Zraika’s performance as the Branch Secretary developed some considerable momentum, though, before the Review Tribunal. 52. When the Review Tribunal commenced its consideration of the appeals, it required the Regents Park and Newington Branch books to be provided. Originally, the appeal process encompassed numerous challenges to the eligibility of many members to vote in the pre-selection and it was necessary for the Review Tribunal to review the attendance books and the minutes books for that purpose. None of those books had been produced to the IAT. 53. So it was that on 23 December 2014, the Newington and Regents Park Branch attendance books and minutes books were presented. Even a cursory review of those books demonstrated curiosities and irregularities. When they were presented, Mr Jim Pearce, counsel then appearing for Ms Perry, sought an adjournment of the proceedings so that Ms Perry could properly examine the books. The adjournment was justified and granted. 54. The Review Tribunal is of the opinion that the Regents Park Branch minutes book and attendance book have been kept in an unacceptable manner. The Review Tribunal also finds the Newington Branch minutes book has also been kept in an unacceptable manner. 55. Both Newington Branch and Regents Park minute books contained type written minutes that were affixed to the pages of the books. Both sets of minutes were in very similar fonts and an almost standardised format. None of the pages of either of the minute books were signed and dated by the Chairman of the subsequent meeting. 56. The Regents Park minutes book was probably not kept in a contemporaneous manner. It is most likely that the Regents Park minutes book was “reconstructed” at a time well after the date of any particular Branch meeting that the minutes purport to record.

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57. The best evidence of this is that the Regents Park minutes of 28 July 2010, 22 September 2010 and 28 September 2011 all state that, “the Secretary read the minutes of the Newington Branch meeting”. Not only was this mistaken reference to the Newington Branch mentioned in three separate places, in each instance it occurred at a time prior to the formation of the Newington Branch which did not come into existence until its “foundation meeting” on 21 October 2012 with its first formal meeting on 4 November 2012. 58. There are also typographical errors in the Regents Park minutes that reflected typographical errors in the Newington Branch minutes. 59. The Regents Park minute book does not provide any minutes for the Annual General Meetings in 2013 or 2014. Thus, there is no evidence of the election of Branch office holders or delegates. Further, the Regents Park minutes disclosed that there was rarely ever any general business. One of the few resolutions actually recorded in the Regents Park Branch minutes was a resolution moved on 31 March 2011 ‘critical of Mrs Perry’. 60. Branch minute keeping is a tedious and, at times, laborious exercise. But, it is an essential part of the Branch process. It provides the only true record of a Branch meeting. These records can be crucial in determining the eligibility of pre- selectors to vote in a pre-selection. 61. Whilst it is understandable that a Branch Secretary may not always have their minute keeping duties up to date, the Review Tribunal finds the state of the Regents Park Branch minutes to be significantly below the standards required of a diligent Branch Secretary. But, worse than that, is the fact that these minutes were presented to the Review Tribunal and, presumably, to the pre-selection Credentials Committee, as a set of genuine contemporaneous records. They were not contemporaneous and the Review Tribunal is satisfied that they have been falsely represented to be so. 62. There were also worrying concerns about the Regents Park Branch attendance book. This is the primary record that determines Branch members’ eligibility to vote in rank and file pre-selections. The history of the Party is replete with examples of forged attendance books. The Branch Secretary is the custodian of the attendance book. If it is not properly “signed off” at the end of each Branch meeting there is the potential for the addition of names. No diligent Branch Secretary should allow this to occur. 63. No allegation was made against Mr Zraika that the Regents Park Branch attendance book was passed around outside of meetings but the irregularities with the attendance book were significant. 64. On seven occasions, the Regents Park Branch was “signed off” by Mr Zraika where there was nothing to suggest that he was acting as the Chair of the meeting. This is a breach of Rule I.15 (b). Whilst it is the duty of the Chair of the meeting to sign the book off, the Branch Secretary shares the responsibility with the Chair to ensure that the book is, in fact, signed off. Failure to sign the book off is a significant problem. 65. There are blank pages in the Regents Park attendance book. In the period from November 2013 to January 2014 there is an unacceptable number of blank pages. Blank pages in an attendance book not only contravene the Party rules but it creates conditions that allow for the convenient insertion of extra signatures for members outside of meetings. 66. On legal advice, Mr Zraika declined to give evidence before the Review Tribunal. This was the first opportunity that any Party unit had to ask Mr Zraika about the irregularities in the Regents Park minutes book and attendance book. No satisfactory explanation has been offered to the Tribunal from Mr Zraika or from his representatives as to how the minute books of both the Newington and Regents Park Branches and the Regents Park attendance book came to be so unsatisfactory. 67. The failure to sign off and to leave pages blank in the attendance book and the obvious reconstruction of the minutes book leaves the Review Tribunal with no confidence that the Regents Park Branch has been properly administered. Not only was Mr Zraika the Secretary of the Branch throughout the relevant period, he was probably the intended beneficiary of the hundreds of votes that were marshalled through both the Regents Park and Newington Branches. 68. Regretfully, the Review Tribunal has no option but to find that Mr Zraika’s performance as the Branch Secretary fell well short of acceptable standards in that he: i. was aware of significant numbers of Branch members whose address was wrongly recorded in the Party records but took no action to rectify it; ii. took control of envelopes that contained the ballot papers for the Federal Parliamentary leadership ballot and distributed them to Branch members; iii. wrote the Regents Park minutes well after the event and presented them as if they were contemporaneous records; and iv. failed in his duties as the Branch Secretary to keep the Regents Park Branch attendance book in proper order.

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69. Making false entries in the minutes book (i.e. representing the minutes to be contemporaneous when they clearly were not) involved a degree of deception. All of these four identified departures from standards probably assisted Mr Zraika in his endeavour to win support or marshal support for his pre-selection bid. Whilst falling short of the kind of dishonest conduct demonstrated in cases where members have forged signatures in the attendance book thereby warranting their expulsion from the Party, the Review Tribunal has reached the conclusion that in the respects outlined above, Mr Zraika’s conduct was unworthy and a breach of Rule A.35.

Consequent Orders 71. The unworthy conduct which has been proved is of some seriousness. The fact that Mr Zraika was a prominent member of the ALP and a candidate for public office adds to the gravity of the conduct. 72. The integrity of the ALP Branch membership process is of general public importance. The ALP receives substantial electoral funding from Government. Every aspect of Party ballots must withstand close scrutiny. The Review Tribunal regards Mr Zraika’s conduct as sufficiently grave as to justify more than a caution or reprimand. It is necessary in these circumstances to send a clear message. 73. Yet, the Review Tribunal is also satisfied that Mr Zraika has been an energetic and effective member of the ALP and Mayor and Councillor. The Review Tribunal does not see the proved misconduct as being sufficiently grave to warrant expulsion from the Party. Nevertheless, suspension of membership, including continuity of membership is appropriate. 74. The Review Tribunal finds the charge of unworthy conduct proved. We order that Hicham Zraika’s membership of the ALP and his continuity be suspended for a period of 6 months from today.

Further Recommendations 75. The Review Tribunal recommends that consideration be given to: (i) A transparent process for change of addresses for party members that requires a request in writing and clear consent from the member whose address is being changed. There should be a regular report to the Administrative Committee of of address changes that have occurred in the preceding month. (ii) Adherence to the rules requiring the Party Office to keep a record of the identity of a person who hands in a membership application or renewal forms on behalf of someone else. If necessary, appropriate training be given to front counter staff and a set of protocols be developed to assist staff deal with membership issues. (iii) Improved processing of renewals that address timeliness, safe cash handling and a capacity to identify when a member has renewed, who handed in the form and whether the renewal was paid by cash or credit card. (iv) All branch trip wire notifications to be included in the Political Briefings and Head Office should advise the local MP when a tripwire notification is made for a branch in their electorate

Greg James QC, Chair of the Review Tribunal Phillip Boulten Carmel Tebbutt Kirk McKenzie

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APPEAL BY G. STEVENSON AGAINST IAT DECISION OF 22 APRIL 2015 14 MAY 2015

This appeal was brought by the Secretary of the Maroubra Branch, Mr G. Stevenson by letter dated 30 April 2015. The decision appealed concerned the written notice sent to members of that Branch in April 2015 notifying them of the close of nominations for Branch positions and the date of the 2015 Branch Annual General Meeting (“AGM”).

The proceedings before the Internal Appeals Tribunal (“IAT”) were commenced after a member of the Branch, Mr J. Johnson wrote a letter to the General Secretary. The matter was later referred to the IAT by the Administrative Committee. Mr Johnson alleged that the written notice did not provide him with 7 days notice of the close of nominations in breach of Rule I.19(b)(i). Further, he alleged the notice did not specify the number of delegates and alternate delegates to the State Electorate Council and Federal Electorate Council.

Rule I.19(b)(i) is as follows:

“Nominations for Branch positions close with the Returning Officer at the date, time and place agreed by the Branch. Members must be given 7 days notice by circular before nominations close”.

It is common ground that the written notice circulated was undated and notified members that the AGM would take place on Monday 13 April 2015 at 8PM at a venue in Maroubra Junction. It is also common ground that the notice advised members that the nominations would close at a different venue at “6PM on Friday 9 April 2015”.

Mr Johnson alleged that he had received the notice on Tuesday 7 April 2015, the day after the conclusion of the Easter holiday break.

Mr Stevenson, who gave evidence before the Tribunal, conceded that the Friday referred to in the notice was Friday 10 April 2015 and that 9 April 2015 was a Thursday. The notice therefore was ambiguous as to whether the nominations were to close on the Thursday or Friday but in any event, if Mr Johnson’s evidence is accepted, he had received only 2 or 3 days notice of the closing of nominations.

Before his appeal to the IAT was dealt with, Assistant Secretary Ms K Murnain sent a letter dated 10 April 2015 to the acting Branch Returning Officer, Mr P Robertson to the effect that the issue had been referred by the Administrative Committee to the IAT and that “the ballot should be stayed and the nominations should be re-opened at the Branch’s next meeting”.

It was agreed by Messrs Stevenson and Johnson before this Tribunal, that at the AGM on 13 April 2015, the acting Returning Officer did not stay the ballot, but did re-open nominations for all positions. The election proceeded, and all positions were elected unopposed. Mr Johnson gave evidence that he declined to nominate on the basis of his view that the meeting notice was contrary to the Rules and that the meeting was therefore, in his words, “illegal” which the Tribunal took to mean invalidly called.

On 22 April 2015, the IAT handed down a written decision in which it found that, on the evidence before it, “7 days notice of the meeting was not given to members…” As a result, the Tribunal concluded that Rule I. 19(b)(i) had been breached and that the appeal should be upheld and the election of positions should be re-scheduled after a new date for the opening and closing of nominations had been set in accordance with the Rules.

In his letter initiating this appeal, Mr Stevenson contested Mr Johnson’s evidence that he received the relevant notice on Tuesday 7 April 2015 and alleged that “7th of April is a Thursday”. It is clear that 7 April 2015 was a Tuesday not a Thursday.

Both Mr Johnson and Mr Stevenson were afforded the opportunity of placing further written submissions before this Tribunal and when the hearing before us proceeded on 14 May 2015, both agreed they had received the appropriate opportunity to call evidence and provide written documents by and on that date.

Mr Stevenson gave evidence in this appeal that the notice concerned had been posted to members by a third party on his behalf and that he did not know when they were posted. He said he had been told that the notices were posted “before Easter”. When asked when he had received his copy he said (words to the effect) “I am not sure but I think it was before Easter”.

Mr Stevenson did not call any other witnesses or provide other evidence concerning the time when the notices had been posted or when they had been received. On his evidence the possibility remained that the notice was not received until Tuesday 7 April 2015.

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In those circumstances, Mr Johnson’s evidence that he had received the notice on Tuesday 7 April 2015 is accepted.

The Tribunal finds that less than 7 days notice was provided of the (ambiguous) date for closing of nominations. Noting that nominations were re-opened at the meeting on 13 April 2015, the Tribunal further finds that the notice was not received more than 7 days before that re-opening, also.

The Tribunal notes that the April school holiday period (for government schools) commenced on Good Friday, 3 April 2015. Had the meeting notice been received before that day, members would have had the opportunity of lodging a nomination before going away during that holiday break. It was therefore particularly important that the appropriate 7 day period be given of the time of closing of nominations.

In those circumstances, the Tribunal concludes that, 7 days written notice to members having not been given of the time, date and place of the closing of nominations for positions, the Tribunal dismisses that appeal and orders a new AGM and elections to take place. Written notice of the closing of nominations is to be sent out by the NSW Branch office, that notice to be received more than 7 days before the meeting. The parties have agreed the new AGM is to take place on Monday 1 June 2015 with nominations to close on 29 May 2015.

There were 2 related issues raised in the course of the hearing.

The first is the sending out of written meeting notices by third parties on behalf of Branch Secretaries. It is part of a Branch Secretary’s duties to provide the notice concerned (Rule I.24(a)) and, if the sending of correspondence is delegated to a third party, the Secretary retains the obligation to ensure that the third party adheres to the Rules in doing so. The Tribunal suggests that all Branch Secretaries should pay careful attention to this obligation.

Secondly, Mr Johnson in his appeal referred to the lack of specification in the meeting notice of the numbers of delegates’ positions available to be elected at the AGM. It is the Tribunal’s views that the numbers of delegates should be included in such notices but it is currently not an express requirement of the Rules that this take place. The Tribunal recommends a change to the Rules to make that requirement express.

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ALEXANDER V BARCHA DIRECTIONS 12 AUGUST 2015

A meeting of the NSW Labor Review Tribunal held on 12 August 2015, gave the following directions to both parties in this matter: 1. That Mr Alexander will reformulate his appeal into a 2 page document specifying the following: a. The charges he intends to press against Mr Barcha; b. Whether these charges have been disposed of by the IAT and if not, how they should be dealt with by the Review Tribunal; and c. An outline of any fresh evidence he intends to rely on at the final hearing. 2. Mr Alexander will lodge this reformulated appeal with the Secretary to the Tribunal within one week. 3. Mr Barcha will respond to this appeal in a 2 page document within one week. 4. After all documentation has been lodged, a directions hearing will be convened via teleconference to decide how the matter should proceed.

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NSW LABOR REVIEW TRIBUNAL DIRECTIONS 29 SEPTEMBER 2015

A The Review Tribunal has consolidated Mr Nathan Alexander's appeals against the Internal Appeals Tribunal Decisions of 17 June 2015 & 19 May 2015. The Review Tribunal accepts all the documents before it, including the Embada Quatami Statutory Declaration and membership renewal form, the correspondence related to each appeal from both parties and each of the IAT Decisions. The Review Tribunal will hear final, oral submissions, including as to the evidence considered collectively, with a view to the Tribunal deciding the two appeals thereafter. In so directing we hold the appeals competent.

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ALEXANDER V BARCHA 29 OCTOBER 2015

1. On 3 July 2015, the Administrative Committee referred the following matters to the Review Tribunal: i. Correspondence from Mr Nathan Alexander, appealing the decision of the Internal Appeals Tribunal dated 17 June 2015; and ii. Correspondence from Mr Nathan Alexander appealing the decision of the Internal Appeals Tribunal dated 19 May 2015.

Review Tribunal Directions prior to Hearing 2. The Review Tribunal hearing of these referrals was conducted on 29 October 2015. In prosecuting the appeals Mr Michael Lee SC with Mr James Mack & Mr Jason Donnelly, both of Counsel, appeared for Mr Nathan Alexander instructed by William Roberts Lawyers. Mr Shane Prince, of Counsel, appeared for Mr George Barcha assisted by Dr Hugh McDermott MP. 3. The two appeals were against Decisions of the Internal Appeals Tribunal (“IAT”) each dealing with the conduct of the then Secretary of the Smithfield Branch of the NSW ALP. The first Decision examined the procedures followed by the Branch Secretary, Mr George Barcha, in his renewal of Branch members’ ALP memberships for 2015. The second Decision, the first dispute in time, considered a challenge to the legitimacy of a number of Branch meetings and asserted irregularities in the Branch attendance book. 4. The Review Tribunal’s hearing was conducted in accordance with Directions given by the Tribunal. In submissions Mr Barcha challenged the Review Tribunal’s Directions. On 12 August 2015 as the Tribunal had over 430 pages of correspondence and submissions, solicitors for Mr Alexander were asked for a single document outlining the full nature of the appeal/s and an identification of the issues the Review Tribunal was being asked to consider. 5. On 19 August 2015 solicitors for Mr Alexander filed submissions and some 40 pages of attachments relating to the appeal from the IAT decision of 17 June 2015. The submissions did not canvas any matters related to the appeal referred to the Review Tribunal by the Administrative Committee of the IAT Decision of 19 May 2015. In the submissions it was stated that Mr Alexander wished to “retain his rights”. A Statutory Declaration of Mr Embada Qutami dated 22 May 2015 in the possession of the Review Tribunal was also not relied upon. This Embada Qutami Statutory Declaration attests to a number of matters central to this dispute. 6. In a further Directions hearing, when questioned as to the relevance of the Embada Statutory Declaration, Counsel for Mr Alexander stated the Embada Quatami Statutory Declaration was the basis for a ”new charge” and would not be pursued in the appeal. However correspondence before the Review Tribunal revealed Mr Alexander sent the Embada Quatami Statutory Declaration to the ALP Office on 24 May 2015. A copy was sent to both Mr Barcha and his representative, Dr McDermott, on the same date. Correspondence also revealed the Embada Quatami Statutory Declaration was before the IAT. An examination of the IAT Decision did not reveal a consideration of the Embada Quatami Statutory Declaration. 7. Questions were also raised as to the status of the membership renewal of Mrs Shafiqa Qutami as Mr Barcha stated in his submissions before the IAT she had authorised him to renew her membership. There are three statutory declarations from Mrs Qutami in relation to these matters. These three statutory declarations were not considered to be new evidence but evidence before the Review Tribunal on appeal. Further the Review Tribunal held, notwithstanding submissions to the contrary, Mr Alexander should not be permitted to “reserve” his rights to later press a new charge or another appeal on matters already before the Review Tribunal. The just and speedy administration of Party matters under the Party Rules is paramount for the Review Tribunal. 8. The Review Tribunal therefore directed the parties as follows: The Review Tribunal has consolidated the appeals referred to it by the July meeting of the Administrative Committee. The Review Tribunal accepts all the documents before it, including the Embada Statutory Declaration and membership renewal form, the correspondence related to each appeal from both parties and each of the IAT Decisions. The Review Tribunal will hear final, oral submissions, including as to the evidence considered collectively, with a view to the Tribunal deciding the two appeals thereafter. In so directing we hold the appeal competent.

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9. It is noted that there was difficulty faced by both the IAT and the Review Tribunal due to Mr Alexander selectively pressing, then withdrawing, then re-submitting various documents during the course of the hearings relating to what was ultimately his complaint.

Notice of Contention 10. On 28 October 2015 the Review Tribunal received a “Notice of Contention” filed on behalf of Mr Barcha challenging the Formal Reprimand ordered by the IAT in their Decision of 17 June 2015. Mr Barcha contended the penalty was excessive as he had successfully defended a substantial number of allegations pressed by Mr Alexander (who sought a finding of unworthy conduct) but he was found by the IAT only to have had “poor practice” in submitting the membership renewal forms for 2015. The Review Tribunal determined to consider this submission if it had to reconsider sanction. 11. Mr Barcha further pressed a new charge against Mr Alexander alleging Mr Alexander, in making false and unsubstantiated complaints against him, was himself guilty of unworthy conduct. The Review Tribunal considered the content and submissions in the Notice. The Review Tribunal determined that it would not consider the charges bought in the Notice of Contention by Mr Barcha against Mr Alexander arising from findings by the IAT. It held these were new charges and had not been referred to the Tribunal under the Rules 12. The Review Tribunal determined to consolidate the appeals.

Powers of the Review Tribunal 13. In submissions both parties canvassed the nature of an appeal before the Review Tribunal. 14. An appeal before the Review Tribunal is subject to Section J of the NSW Labor 2015 Rules. The Review Tribunal is a creature of the ALP Rules and its decisions are final (subject to an overrule by the party’s NSW Conference [J.10(a)&(b)] and appeal rights to the ALP National Executive). The Section defines who holds rights to appeal [J.1]; the form and manner in which appeals must be made [J.1]; the Review Tribunal’s jurisdiction [J.2]; and its powers to obtain information [J.7]. Review Tribunal proceedings are not bound by the rules of evidence [J.12(c)] and parties have the right to procedural fairness and a hearing under the direction of the Tribunal Chair [J.13(b)]. It must act in accordance with the merits of the case without regard to technicalities or legal forms [J.8(d)]. Orders made by the Review Tribunal are to be, within its discretion, “appropriate in the circumstances” [J.8(b)]. 15. Mr Barcha submitted that an appeal to the Review Tribunal requires an allegation that error exists in a decision of the IAT. It was asserted: (the) Review Tribunal is not a mere continuation of the first instance hearing before the (IAT) and does not permit the laying of fresh charges in the Review Tribunal – even if those fresh charges arise out of and are not derivative of conduct in the (IAT). 16. Mr Alexander submits the jurisdiction of the Review Tribunal is limited to hearing an appeal as formulated and then to arrive at its decision. 17. As was held in Perry v Zraika at [10]: The appeal before the Review Tribunal is a rehearing where the Review Tribunal has the ability to receive new or fresh evidence (for instance, Rule J.7 allows the Review Tribunal to require party members to provide statements and to produce documents). The Review Tribunal must conduct proceedings “according to the substantial merits of the case without regard to technicalities or legal forms” (Rule J.8(d)). 18. In accordance with the powers vested in the Review Tribunal under Section J of the Rules, as particularised above, the Review Tribunal’s powers are very broad and include powers to obtain information from Party units [J.7]. The Review Tribunal reiterates the ruling made in Perry v Zraika that the nature of a hearing before the Review Tribunal is that of a rehearing.

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Issue 19. The focus of this appeal is therefore whether, on all the evidence relied upon in both appeals, Mr Barcha’s conduct, as Secretary of the Smithfield Branch, was unworthy conduct under the rules such as to bring the Party into disrepute and, if so found, what should be the appropriate sanction?

The Appeal: Evidence as to the renewal of Party memberships 20. It is necessary to consider the charges and the evidence that led to both decisions of the IAT. Mr Alexander contended Mr Barcha‘s conduct in the procedures he followed in his bulk renewal of Smithfield Branch memberships for 2015 breached Rule A.35(a). As was held in Zraika v Perry at [45]: The Tribunal accepts … the current (Party) rules permit bulk renewals. They also permit Branch officials to present bulk renewals on behalf of multiple members. 21. The IAT examined the circumstance surrounding the renewal of the party memberships for 2015 of Mr Joseph Farrugia and Mrs Lena Farrugia. Mr & Mrs Farrugia attested in statutory declarations that Mr Barcha had renewed their membership in a circumstance where they did not complete the renewal forms; they did not sign the forms; the signatures on the forms were not theirs; they did not pay anyone for their membership fees; they did not know the forms had been submitted; they had no knowledge of, nor give consent to anyone to renew their membership. 22. Mr Barcha in reply stated: These allegations are completely false. I did not fund the membership renewal, nor did I sign the membership renewal form, of Joe Farrugia or Lena Qutami Farrugia. … As is supported by the statutory declaration of Mrs Shafiqa Qutami, the mother of Lena Qutami Farrugia, I was given the completed and signed renewal forms of Mr Joseph Farrugia and Mrs Lena Qutami by Mrs Shafiqa Qutami with the associated fees ($40 = 2 X $20 Concession) on 29 January 2015. Mrs Shafiqa Qutami also gave me her own signed renewal form and renewal fees ($20 Concession). Mrs Shafiqa Qutami requested that I submit the 3 renewal forms on behalf of herself and her daughter and son-in-law to head office for renewal. Mr Barcha relied upon the first statutory declaration of Mrs Qutami dated 15 May 2015 confirming this. 23. Mrs Qutami initially did support this version of events but in a second statutory declaration dated 18 May 2015 she recanted. She stated: I did not give George Barcha any labour [sic] membership form or money. Over the past couple of years I have not attended a meeting at the Smithfield branch and have not signed the attendants [sic] book. 24. In a third statutory declaration Mrs Qutami dated 24 May 2015 gave details of pressure brought upon her to assist Mr Barcha in the renewals process. She again directly denied giving Mr Barcha the signed forms from herself or from Mr and Mrs Farrugia or any monies for the renewals. 25. Mr Barcha gave evidence before the IAT. He also tendered a statutory declaration denying the details contained in the second Mrs Qutami statutory declaration which denial she reiterated in her oral evidence before the IAT. 26. The IAT found the following facts: 13. Having regard to the whole of the evidence, the Tribunal is unable to accept the evidence of Mr Barcha that he obtained completed and signed Renewal Forms for Mr Farrugia and Ms Qutami from Mrs Qutami upon visiting her house. In making this finding, the Tribunal has had regard to the following matters: (a) Firstly, Mrs Qutami denied having completed or prepared Renewal Forms in the names of her daughter and son-in-law. Whilst the Tribunal does not necessarily accept all of Mrs Qutami’s evidence given the changes in her statements between her three Statutory Declarations, Mrs Qutami was emphatic that she did not complete the Renewal Forms. (b) Second, the Renewal Forms do not appear, on their face, to have been completed by Mrs Qutami. Mr Barcha’s account only makes sense if Mrs Qutami completed the Renewal Forms to give to Mr Barcha on 29 January 2015. Yet, the handwriting on the forms is not that of Mrs Qutami and it is inherently unlikely that Mrs Qutami completed the forms herself.

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(c) Thirdly, it appears to the Tribunal that it would be unlikely that Mrs Qutami would take the initiative to complete and pay for membership renewals for her daughter and son-in-law. Mrs Qutami does not appear to speak or read English with a high level of proficiency and was going through difficult personal circumstances at the time. The Tribunal believes it is unlikely that Mrs Qutami would have completed the forms, particularly without the knowledge of her daughter and son-in-law. (d) Fourthly, Mr Barcha’s evidence was unsatisfactory or incomplete in a number of respects. Mr Barcha was unable to say who had asked him to collect Renewal Forms from Mrs Qutami, why he was involved in submitting those forms or whether he had collected other forms from Mrs Qutami. Whilst the Tribunal understands that memory is fallible, these events took place only a few months ago and it might be expected that Mr Barcha could recall at least some of these details. … 15. The difficulty for the Tribunal is that there is no evidence to affirmatively establish that Mr Barcha prepared and falsely signed the Renewal Forms himself and used his own funds to pay the membership fees. To make such a finding on the material before the Tribunal would be to engageed [sic] in speculation. Given the seriousness of the allegation and the consequences for Mr Barcha, the Tribunal is not able to make such finding based on speculation. Furthermore, there simply does not seem to be any reason for Mr Barcha to take it upon himself to falsify membership Renewal Forms for Mr Farrugia and Ms Qutami. He had nothing to gain 27. Counsel for Mr Barcha, submitted that the findings of the IAT at [13] above related only to the two renewal forms of Mr and Mrs Farrugia and in that context the IAT found the appropriate sanction was a Formal Reprimand. He submitted there was no error in the reasoning of the IAT. Therefore, it was contended, for Mr Alexander to press before the Review Tribunal submissions addressed to Mr Barcha’s conduct and credit before the IAT is to mount a new allegation and as such it would not be within the jurisdiction of the Review Tribunal. The Review Tribunal rejects this submission. The Review Tribunal has before it the evidence considered by the IAT and two further statutory declarations similarly challenging their renewal of Party membership in 2015: that of Mr Embama Qutami and Mrs Qutami. 28. The IAT rejected Mr Barcha’s evidence he had collected Mr and Mrs Farrugia’s completed membership forms from Mrs Qutami’s home. Mr Barcha directly challenged the credit of Mrs Qutami. The Review Tribunal rejects Mr Barcha’s allegation that Mrs Qutami’s third statutory declaration was inaccurate, untrue and false. The inference cast by Mr Barcha that Mrs Qutami was intimidated into recanting her first statutory declaration is also rejected. This is an assertion but no evidence was offered in support of this proposition. The Review Tribunal acknowledges, as did the IAT, that Mrs Qutami changed her evidence between the first and second statutory declaration and she has explained at length how this came about in her third statutory declaration. 29. In an examination of the evidence the Review Tribunal further accepts:

■ Mrs Qutami‘s first statutory declaration was hand written by Mr Barcha’s sister Lillian and was then signed by Mrs Qutami;

■ The similar handwriting on Mrs Qutami’s first statutory declaration and on the renewal forms of Mr Joseph Farrugia and Mrs Lena Farrugia is convincing enough for the Review Tribunal to find they were likely completed by the same person but it is not necessary ultimately to decide that issue; and

■ The signatures on the renewal forms of Mr & Mrs Farrugia and those on their respective statutory declarations are not the same. The signatures on the renewal forms of Mrs Qutami and Mr Qutami and those on their respective statutory declarations also do not appear to be the same. 30. The Review Tribunal is satisfied, having sighted Mr Barcha’s handwriting and signature, it was not Mr Barcha who filled in the membership forms and signed them. However Mr Barcha had carriage of those forms, was their custodian, and paid the membership fees. He renewed 57 memberships of the branch. 31. The Party requires a person renewing memberships to authenticate each membership renewal. In renewing the memberships for the Smithfield Branch in 2015 Mr Barcha signed a Declaration as required under the Rules: I, George Barcha, declare that all members I am renewing … are aware that their membership is being renewed by myself and are willing to have that membership renewed. 32. Mr Barcha contended that this statement of belief was made honestly and was not deliberately false. It was submitted on behalf of Mr Barcha that the finding by the IAT that it did not agree with Mr Barcha’s belief that another person’s statement was incorrect cannot be a finding that Mr Barcha gave false evidence. Mr Barcha is a 30-year member of the Party. He is a Party unit Secretary. He holds office for the Party having been elected as a Labor Councillor on

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Fairfield Council. He knows or should know the relevant Rules of the Party. His declaration (not a statutory declaration) to the Party on renewing the memberships of branch members was not the truth. The Party must be able to trust its members who hold positions as Branch Officials and be able to rely on the word of persons holding Party and public office under its auspices. 33. On our examination of the evidence before us the Review Tribunal does not accept the IAT finding that the procedure followed by Mr Barcha in the renewal of memberships for 2015 should be termed “poor practice” Rather the Review Tribunal finds Mr Barcha wilfully renewed four Party membership for 2015 without authority. Mr Barcha’s actions were in breach of Party Rules in paying for membership renewals without authority. Further, when challenged, he wilfully attempted to discredit Mrs Qutami. This conduct along with his giving a false declaration to the Party Office is viewed most seriously by the Review Tribunal.

Evidence as to the Irregularities in Smithfield Attendance Book Charge and the IAT Decision of 19 May 2015 34. The first appeal in time is the Decision of the IAT of 19 May 2015. The IAT in this earlier Decision considered the status of Smithfield Branch activities on 24 November 2014 and 31 January 2015. The IAT held the activities on both dates were not branch meetings for the purpose of official party business. The IAT therefore held the signatories in the branch attendance books on those dates of persons in attendance at those activities were not to be counted as the signatories of members attending at a branch meeting. 35. Allegations of unworthy conduct were also pressed as to the activities of Mr Barcha, as Branch Secretary before and at the February and March 2015 meetings of the Smithfield branch. The IAT found no unworthy conduct though concern is expressed as to the reason a text notice of the meeting was sent which included the following: If visitors like to attend the chair has requested written notice with the name of the attendee and request for approval… Such a request, demand or instruction is outside the Rules of the Party. Mr Barcha says he was concerned at possible unruly behaviour at the meeting but a Branch Secretary must comply with party rules and under the new rules transparency in party affairs is paramount. 36. As the Review Tribunal had evidence on oath from Mr Qutami and Mrs Qutami that they had not attended Smithfield Branch meetings for a number of years, the Review Tribunal called in the 2014 Smithfield attendance book for examination. A cursory examination reveals both had allegedly attended at a number of branch meetings and had allegedly signed the attendance book. 37. As was said in Zraika v Perry at [62]: This is the primary record that determines Branch members’ eligibility to vote in rank and file pre-selections. The history of the Party is replete with examples of forged attendance books The Branch Secretary is the custodian of the attendance book. 38. No diligent Branch Secretary would allow the name of a person not in attendance at a Branch meeting to be entered or thereafter maintained in the attendance book. Mr Barcha is the custodian of the Smithfield Branch attendance book. The Smithfield Branch attendance book must be called in to the ALP head office and the applications of the 57 members, who through Mr Barcha have had their Party membership renewed in 2015, must be verified. 39. The Review Tribunal finds the evidence as to Mr Barcha’s performance as Branch Secretary to demonstrate a serious disregard for the rules of the Party.

Sanction 40. As has been acknowledged Mr Barcha has been an active member of the Smithfield Branch for over twenty years. He has been Secretary of the Smithfield branch and the Smithfield/Prospect State Electorate Council and the McMahon Federal Electorate Council. In 2011, he was elected by the rank-and-file membership as a representative to the Labor Policy Forum. In 2012 he was elected as a Labor Councillor on Fairfield City Council. He has been an active campaigner for the Party. He must be given credit for his long service to the Party. 41. The Review Tribunal must weigh this service against the successful challenge made against the four unauthorised membership renewals submitted by Mr Barcha as Branch Secretary in 2015. Our examination of the procedures he followed revealed serious misconduct by a senior party member. Further we are persuaded Mr Barcha made a Party declaration to the Party Office he must have known was untrue. The Branch attendance book of which he is the custodian reveal irregularities at least in relation to two branch members, Mr Qutami and Mrs Qutami.

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42. Mr Barcha submitted the findings in his favour by the IAT especially in its May Decision are a foundation for his submission that a sanction in the form of a Formal Reprimand was excessive. He submitted his long-term conduct in managing the affairs of the Smithfield Branch has been without challenge and the circumstances surrounding the renewal 57 memberships, few of which were challenged, collectively establishes that the sanction for his “poor practice” was too severe. Alternatively, he contended the Sanction was appropriate in all the circumstances revealed on appeal. 43. Counsel for Mr Alexander asserted before the Review Tribunal that the IAT reprimand was an insufficient penalty given the weight of the evidence of the breach of Party Rules and an expulsion was appropriate. 44. The Review Tribunal has reached the conclusion that the conduct of Mr Barcha in his renewal of Branch Party memberships in 2015; in persisting to defend his actions before the Tribunals of the Party against the weight of the evidence; in giving to the Party office a false declaration; in the irregularities in the Branch attendance book held in his custody; was all conduct when viewed collectively which must be found to be unworthy conduct and a breach of Rule A.35(a). 45. While taking into account Mr Barcha’s long service to the Party, the Review Tribunal is nonetheless of the view his unworthy conduct was most serious and should attract a similar order to that considered appropriate in Zraika v Perry. Mr Barcha’s membership of the ALP and his continuity is suspended for a period of six (6) months from today’s date. The Tribunal notes his Counsel’s submission that such a sanction will likely prevent him from being an endorsed Party candidate at the next local government elections.

FURTHER COMMENTS ARISING FROM THIS MATTER Use of Statutory Declarations in Proceedings 46. Both parties to these proceedings have chosen to support their positions in relation to the conduct of Smithfield Branch by obtaining numerous statutory declarations from Branch Members. Of the numerous statutory declarations filed in these proceedings only seven directly addressed the relevant issues namely the renewal of membership and the attendance book irregularities. 47. The Review Tribunal notes that Party Members who swear a knowingly false statutory declaration, a declaration on their oath, could attract a significant court penalty. The Review Tribunal warns against any such practice. For the avoidance of doubt, the Review Tribunal makes no such finding in this matter but notes that many Party members were unnecessarily involved in these proceedings.

The Political Circumstance 48. It is unfortunately necessary to comment that both litigants work for local members of Parliament. They press charges about the activities of a branch located in an electorate where there have been electorate boundary changes proposed. The Review Tribunal is concerned that these matters are symptomatic of a larger dispute. Staffers are often branch members and they retain the rights of every party member under the rules but staffers should not be used as the voice for disputes with wider implications. The integrity of the party in the wider community is challenged by such action.

Legal Representation 49. The Review Tribunal adopts the view expressed by the IAT in its June Decision at [19]: … in the circumstances of this matter, both parties were granted leave to be (rep)resented by legal practitioners. The Tribunal does not consider this will be the usual course in Tribunal hearings. Whilst the Tribunal will, of course, consider any application by a party to be represented by a lawyer, parties appearing before the Tribunal should not expect that leave will be granted in all cases. The Review Tribunal expresses its concern with overrepresentation by parties in internal Party Tribunal proceedings and believes that the number of appearances in this matter bears out these concerns.

Party Membership Renewal Procedures 50. This matter involved familiar disputation in relation to the renewal of Party memberships. The Review Tribunal urges the Party to adopt the recommendations that were made in In Zraika v Perry in relation to Party membership renewals.

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HICHAM ZRAIKA APPEAL DECISION REGARDING APPLICATION TO STAY EXPULSION PENDING APPEAL 7 DECEMBER 2015

The Tribunal notices that there is no power under the rules to give a stay. In those circumstances, and since the appeal is not before the Tribunal for disposition, we are unable to make any order staying the effect of the Internal Appeals Tribunal’s order.

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ROBERTSON PRESELECTION LIST OF ELIGIBLE VOTERS DECISIONS 7 DECEMBER 2015

APPEAL FROM PAT WOOLLEY Belinda Neal’s candidacy The appeal to remove Belinda Neal as a candidate in this ballot is dismissed. The Tribunal regards the allegation as spurious and inappropriate. In the future, allegations of inappropriate behaviour and corruption that are baseless may themselves become the subject of disciplinary proceedings.

Brooklyn Mooney Mooney Lower Hawkesbury Branch The appeal against the Internal Appeals Tribunal decision to rule the Brooklyn Mooney Mooney Lower Hawkesbury Branch is defunct is dismissed. The Branch has been defunct since 2013. The Tribunal notes the Branch has, in difficult circumstances, continued to meet. The Tribunal also notes there was an unfortunate incident where a member of the Party was refused entry to the Branch. This is inappropriate. Branches should be welcoming to all members.

APPEAL FROM JOHN DELLA BOSCA Anne Charlton’s candidacy There is no adequate basis for asserting the exclusion of Anne Charlton as a candidate. The rule cited is not to the effect contended.

Kincumber Branch It is clear that there were irregularities in the record keeping of this Branch of a quite serious nature. It is unfortunate that those irregularities appear to have been compounded by the resignation from the Party of the former president of the Branch. However, there is a need to distinguish between the recording of meetings and the holding of valid meetings. Nothing that has been produced in argument or in the books go so far as to negate the existence of the meetings, or even to provide such a defect in substance as to invalidate the meetings under the rules. There is nothing to establish a lack of a quorum, or to establish that those who are recorded as having attended did not attend. There is nothing to establish any signing by someone on another’s behalf, or any forgeries. In those circumstances, there is no reason to determine that the Kincumber Branch has not held the meetings that have been recorded, or that there is a substantive problem with what has taken place. There does not appear to have been alleged other non-compliance with the rules that might invalidate the meetings. It is most important that the existing Officers of the Branch be counselled by the Party Office as to the appropriate mode of keeping records in accordance with the rules. It is sub-standard practice not to keep the minutes in a book. The minutes should also be signed off by the Chair of the next meeting as a true and accurate record of the previous meeting. However, there is nothing to suggest that the minutes that have been produced are not accurate records of the meetings that actually took place. Therefore, the following members are eligible to vote:

■ Nata Scalas

■ Patrick Norman

■ Lorraine Parks

■ Anna-Maria Wade

■ Dean Nottle

■ Christine O’Donnell

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Pat Woolley, Robert Brownrigg, Felicity Brownrigg and Rodney Long The Review Tribunal was completely satisfied that Ms Woolley resided in 26 Little Wobby Beach, Little Wobby in the electorate of Robertson. Ms Woolley also has more than 10 years of financial continuity, so that notwithstanding that the Brooklyn Mooney Mooney Lower Hawkesbury Branch is defunct, she is eligible to vote. However, Robert Brownrigg (who has not applied for continuity and therefore, does not have continuity), Felicity Brownrigg and Rodney Long (who do not have 10 years of membership) are ineligible to vote because the Branch became defunct in 2013.

Brett Broadbere, Emma Murphy and Andrew Wilson Due the unique personal circumstances of these members, their applications for continuity are granted. This should not be regarded as precedent for future purposes. Therefore, Brett Broadbere and Andrew Wilson are included to the list of eligible voters. The Tribunal notes that Emma Murphy is already eligible to vote.

Donna Judd Unfortunately, Donna Judd is in a different category entirely. The period involved is over 5 (according to Party records, she last renewed her membership on 1/11/2007, lost continuity after 31/3/2009 and re-joined the Party on 29/9/2014). There was long and estimable service to the Party. However, it is quite apparent that she had taken a long period of rest from the Party. Her contention that the process before the Internal Appeals Tribunal was flawed is rejected. The matter was dealt with appropriately. It is not necessary for the Internal Appeals Tribunal to deal with continuity applications in any way other than on the papers. It is regrettable that Ms Judd has in the past served the Party and yet the Party’s rules would not now appropriately provide her with continuity to cover the gap.

Moses and Sisilia Tamaniceva and Peter Mihailidis According to Party Office records, the following members joined the Party on:

■ Moses Tamaniceva – 6 May 2011

■ Sisilia Tamaniceva – 6 May 2011

■ Peter Mihailidis – 26 September 2003 In 2002, the National Rules were amended to include the following National Principle of Organisation – To ensure the integrity of preselection ballots, no member shall receive a vote in any preselection unless that member is correctly enrolled with the Australian Electoral Commission to vote in a federal election. The member’s address for the purposes of preselection will be their enrolled address.. The Report of the Rules Committee to the 2003 NSW Labor Conference included the following rules amendment – In Rule N.17(a) delete (ii) and instead insert: (ii) Be correctly enrolled with the Australian Electoral Commission to vote in a federal election. The member's address for the purposes of preselection will be their enrolled address. In rule N.17(a) delete (iii) and re-number accordingly. In rule N.17 delete (a)(iv) and (v) and re-number accordingly. This change deleted rule N.17(a)(iii) which stated – But any member who is under 18 or who due Commonwealth or NSW State laws cannot enrol because of nationality will be allowed to vote provided he/she lives in the electorate. Current Rule N.21(a)(ii) on its face is clear and the language intractable. The intent, as revealed from the extrinsic material, was to remove those who by way of exception to the previous rule had, prior to 2002, a right to vote as members. In those circumstances, it is not for this body to question or fail to apply a rule. It would be a matter for Conference to determine if the effect of creating two classes of members (one with a preselection vote and one without), which this present rule produces, should change. The appeals are dismissed and the members are ineligible to vote.

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Jack Lloyd Jack Lloyd was a member of the Queensland Branch of the Australian Labor Party. He did not complete a correct interstate transfer form when he decided to move to NSW. He completed an online membership application form. He had held a Queensland ticket at the time and had been a member of the Queensland Branch. The Party Office treated the online membership application as though it were a transfer. He has provided to the Tribunal a copy of the attendance pages from his Queensland Branch attendance book, while the Party Office has provided a copy of his interstate transfer documentation. It was not clear that he had attended a Branch meeting before the calling of nominations. However, it is contended on his behalf that with interstate transfers, as opposed to local transfers, they are covered by Rule N.21(c)(iv), which does not expressly require an attendance at a branch meeting. It seems as though he has the requisite period of membership and that the requirements under Rule N.21(c)(iv) are relevantly met. However, on further examination, the Tribunal ascertained that Mr Lloyd had attended meetings of the Branch prior to the calling of nominations. The appeal is dismissed and Mr Lloyd is eligible to vote.

Patricia Lindsay An inspection of the books has revealed that Patricia Lindsay has not attended a meeting of the Umina Ettalong Branch since moving out of the Gosford SEC. The appeal is dismissed and Ms Lindsay is eligible to vote.

Patrick Norman The material before the Tribunal discloses that Mr Norman resides in the electorate of Robertson. He also has an address in Sydney. He is able to maintain establishments in both places. That is no reason he should not be regarded as residing in Robertson. There is no basis for contending he is disentitled to vote by reason of having a place where he may also stay in addition to his address in Robertson. The appeal is dismissed and Mr Norman is eligible to vote.

Christine O’Donnell and Anna Maria Wade An inspection of the books has revealed that both members are eligible under Rule N.21(c). The appeals are dismissed and the members are eligible to vote.

APPEAL FROM EMMA MURPHY Vera Hunter An inspection of the books has revealed that both members are eligible under Rule N.21(d). Ms Hunter is eligible regardless of the disputed September 2014 meeting.

Andrew Wilson This member was granted continuity and is eligible to vote. Further reasons outlined on page 2.

Emma Murphy This member was granted continuity. Further reasons outlined on page 2.

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INTERNAL APPEALS TRIBUNAL REPORT

CHALLENGE BY DAVID MEHAN TO THE LIST OF ELIGIBLE VOTERS FOR THE ENTRANCE PRESELECTION 28 AUGUST 2014

Correspondence had been received from David Mehan in accordance with the Party’s rules, seeking to include the following members to the list of eligible voters under Rule N.21(f):

■ Riley Sohier

■ Jacqueline Spring

■ Howard Bell Mr Mehan was also seeking to remove Judy Murphy from the list of eligible voters on the grounds that she did not live in the electorate of The Entrance. The Tribunal considered the evidence presented in the case of Howard Bell. Mr Bell had a lapse of continuity. If continuity was granted, he would be eligible under Rule N.21(f). It was noted that Mr Bell had not requested a continuity application form from the Party Office until after nominations had opened on 8 August 2014 and it had not been returned until 13 August. The challenge to add Mr Bell was subsequently dismissed. The Tribunal considered the evidence presented in the case of Jacqueline Spring. Ms Spring was enrolled in The Entrance, but her address on the Party’s membership records had her listed in the electorate of Gosford. Her postal address was a Post Office Box in The Entrance. The Executive Officer had contacted Ms Spring earlier in the day and had received an email confirming she had lived in The Entrance since 2000. Based on the evidence before the Tribunal, Mr Mehan’s appeal was upheld and Ms Spring was added to the list of eligible voters in accordance with Rule N.21(f). The Tribunal considered the evidence presented in the case of Riley Sohier. Mr Sohier lost continuity between 2012 and 2013. However, there was evidence to suggest that this was a result of an administrative error in the processing of his renewal. The Tribunal also noted Mr Sohier’s very good history of renewing his membership on 1 November of each year, until 2012. In light of this evidence, the Tribunal upheld Mr Mehan’s appeal and Mr Sohier was added to the list of eligible voters in accordance with Rule N.21(f). The Tribunal considered the evidence in the case of Judy Murphy. The Executive Officer also informed the Tribunal that he had made a number of attempts over the previous two days to contact Ms Murphy to confirm her address. Based on the evidence before the Tribunal, it appeared that she did not live in the electorate of The Entrance and was therefore removed from the list.

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RE REFERRAL OF THE GOSFORD PRESELECTION TO THE NATIONAL EXECUTIVE REASONS FOR DECISION 5 SEPTEMBER 2014

BACKGROUND 1. Mr John Della Bosca, secretary of the Kariong Branch of the Australian Labor Party (“the Party”), appeals against what is alleged to be a decision of the Administrative Committee on 5 September 2014 to refer the conduct of the preselection of a Labor candidate in the State electorate of Gosford to the Party’s National Executive. It is necessary to qualify reference to that decision with the word “alleged” because, as will become apparent, there is a dispute as to whether or not the Administrative Committee even purported to resolve in favour of the referral. 2. On 4 September 2014, Mr John Robertson, the leader of State Parliamentary Labor Party, wrote to the Party’s General Secretary, Mr Jamie Clements, requesting that the New South Wales Branch of the Party refer the preselections for three State electorates, including Gosford, to the National Executive. A recommendation in favour of that referral was then included as item 5 in the Officers’ B Report that was tabled at the meeting of the Administrative Committee which began at 11am on 5 September 2014. 3. The draft minutes of that meeting (“the Draft Minutes”) have been provided to the Tribunal. It appears that in the initial debate on the Officers’ B Report, various items in that document, including item 5, were proposed for deletion so that they could be discussed separately. Subject to those deletions, a resolution was passed for the adoption of the balance of the report. In relation to item 5 itself, the Draft Minutes record an extended discussion of the proposed referral to the National Executive, though it is difficult to discern whether there was any consensus in support of including in that referral the conduct of the Gosford preselection. In any event, the discussion on item 5 closed with the moving and passing of a resolution that “the report be noted”. 4. Later on 5 September 2014, Mr Clements wrote to the National Secretary of the Party to advise the latter that “[a] t the September 5 2014 meeting of the NSW Labor Party’s Administrative Committee it was resolved that the NSW Legislative Assembly preselections for the states seats of Lakemba, Gosford and Shellharbour be referred to the National Executive in order that they may be conducted by a ballot of the National Executive”. 5. Thereafter, on 8 September 2014, the National Executive resolved, in effect, to consider the matters allegedly referred to it by the Administrative Committee and to conduct a preselection ballot for the seat of Gosford in accordance with a proposed timetable. The details of that timetable were then conveyed by email to Ms Belinda Neal, who is a prospective candidate for preselection in the electorate of Gosford. 6. As we understand it, the conduct of the ballot by the National Executive has been stayed by the National Appeals Tribunal, pending the outcome of various appeal proceedings, including that which is currently before this Tribunal.

The alleged absence of a referral by the Administrative Committee 7. Mr Della Bosca’s primary submission is that the Administrative Committee simply did not resolve to refer the conduct of the Gosford preselection to the National Executive; instead, it merely noted, without adoption or endorsement, a recommendation by the Party officers that such a referral be made. It is said on this basis that Mr Clements’ letter to the National Secretary of 5 September 2014 constituted a unilateral referral of the Gosford preselection process, unsupported by the State branch. 8. For the reasons that follow, this submission should be accepted. It is important to observe that the Draft Minutes themselves draw a distinction between the adoption and noting of reports. As has already been mentioned, subject only to the deletion of items 1, 3 and 5, the Officers’ B Report was adopted by resolution of the Administrative Committee. Item 5 itself, however, was merely noted. Giving the language of this latter resolution its ordinary English meaning would tend to suggest that the Administrative Committee took notice of, but did not express any view about, the recommendation that a referral of the conduct of various preselections to the National Executive. 9. During the course of oral argument, Mr Clements submitted that the practice of Party officers in endorsing recommendations in their reports is to indicate in such reports that the recommendations are noted. However, that is beside the point. It may be that for the purpose of preparing their reports to the Administrative Committee, Party officers accept recommendations by noting them. But it does not follow that the same applies for the Administrative Committee as a whole. This is particularly because, as has already been emphasised, the Draft Minutes suggest an appreciation on the part of the Administrative Committee of the distinction between adopting a report and noting its contents.

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10. Mr Della Bosca’s success on this issue means that it is unnecessary, for the most part, to deal with the balance of his submissions, which proceed upon the assumption that there was a purported decision by the Administrative Committee to refer the Gosford preselection to the National Executive. 11. However, this does not necessarily have the consequence of entitling him to the entirety of the relief that he seeks. That relief includes, not only a declaration (not to be confused with the remedy administered by courts of equity) that there was no valid referral by the Administrative Committee, but also orders for the conduct of a rank and file preselection ballot in Gosford. To make these latter orders is, in effect, to treat the National Executive’s decision of 8 September 2014 as wholly ineffective. Whether the Tribunal can proceed on that basis is the subject of what follows.

The consequences of the Administrative Committee’s resolution 12. Mr Clements submitted that even if there was no resolution by the Administrative Committee to refer the conduct of the Gosford preselection to the National Executive, there is no requirement that there be such a resolution in order for the National Executive to act. 13. There is support for that in the text of the Party’s National Rules. Rule 7(d) of those rules provides that “[s]ubject only to National Conference, the National Executive may exercise all powers of the Party on its behalf without limitation, including in relation to the state branches and other sections of the Party”. Rule 7(e) then relevantly states: “Without limiting the plenary powers of the National Executive under rule 7(d), the National Executive: ... (vii) must consider any matter submitted to it by a state branch, Australian Young Labor, the Federal Parliamentary Labor Party or a trade union whose state branches are affiliated with the Party in a majority of states in which it operates (in this rule ‘affiliated organisation’)”. 14. Crucially, Rule 7(e)(vii) does not make it a condition of the exercise by the National Executive of its powers with respect to State branches under Rule 7(d) that there be a referral of some matter by the State branch in question. It merely imposes a duty upon the National Executive to consider matters referred by State branches. In other words, the language of Rule 7(d) provides a basis for concluding that the National Executive has the power unilaterally to assume the conduct of a preselection in respect of a State electorate. If so, then even if there were no valid decision by the Administrative Committee to refer the Gosford preselection to the National Executive, the National Executive may nonetheless have sufficient power to assume the conduct of that preselection. Whether or not it does would depend, in part, upon whether the general power conferred by Rule 7(d) is subject to Section N of the New South Wales Rules. 15. There appears at the very least to be a compelling argument that Section N constitutes an exhaustive statement of the various methods by which candidates for public office are to be preselected within the New South Wales Branch of the Party. Section N is, on its face, comprehensive and detailed, and its operation appears to be quarantined from any possibility of overriding by decisions of the Administrative Committee. In this regard, reference should be made to Rule D.3(b) of the New South Wales Rules, which provides: “Subject to other provisions of these Rules, the Administrative Committee will not interfere with the way any Electorate Council selects candidates for local government, State or Federal elections so long as they keep to the Platform, Rules and Constitution of the Party.” 16. Furthermore, it was common ground that the National Rules and the New South Wales Rules are to be read and construed together. The consequences of this, however, remain a matter of debate. On the one hand, if the rules are to be read together, and if Section N does cover the field, as it were, then the power conferred by Rule 7(d) of the National Rules would not extend to ousting the operation of Section N. On the other hand, it might also be said that the Rule 7(d) is so broadly drafted as to preclude the conclusion that Section N covers the field. The breadth of Rule 7(d) is reflected, in part, in Mr Della Bosca’s acceptance during oral argument that that provision does empower the National Executive to amend Section N. 17. Ultimately, however, this is not an issue amenable to determination by this Tribunal. The jurisdiction of the Tribunal is described in Rule J.2 of the New South Wales Rules and plainly does not include jurisdiction with respect to appeals from decisions of the National Executive. That is the exclusive province of National Conference (see Rule 7(c) of the National Rules). Rule 18 of the National Rules establishes the National Appeals Tribunal as an organ for dispute resolution in respect of decisions of the National Executive. However, the ultimate power of the National Appeals Tribunal appears to be confined only to making recommendations to the National Executive in relation to the appeals brought before it. It is then up to the National Executive to “make any decision in relation to the appeal it thinks fit”.

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18. It thus appears (though this Tribunal does not, and cannot, express any concluded or dispositive view) that subject only to the supreme power of National Conference, the National Executive is the arbiter of the limits upon its own powers. Accordingly, on any view of the relevant rules, it is not open to this Tribunal to make decisions concerning the scope of the powers of the National Executive. 19. Put simply, even if it were to accept Mr Della Bosca’s contentions concerning the alleged decision of the Administrative Committee to refer the Gosford preselection to the National Executive, this Tribunal would not be entitled to treat the National Executive’s decision to assume responsibility for that preselection as invalid or ineffective. From the perspective of this Tribunal, that decision would continue to stand, at least until set aside by National Conference or the National Executive itself, whether or not in response to a recommendation by the National Appeals Tribunal. Support for this proposition is to be found in Rule 7(c) of the National Rules, which provides as follows: “Decisions of the National Executive are binding on all sections and members of the ALP subject only to appeal to National Conference. Pending the hearing of any appeal, the decision of the National Executive continues to operate.” 20. Consequently, the Tribunal finds, and declares, that there was no resolution by the Administrative Committee to refer the conduct of the Gosford preselection to the National Executive. However, because the other orders sought by Mr Della Bosca assume the invalidity of the National Executive’s decision to assume responsibility for that preselection, the Tribunal is unable to make those orders.

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CHALLENGES TO THE LIST OF ELIGIBLE VOTERS IN THE PARRAMATTA PRESELECTION 1 OCTOBER 2014

Mr Paul Han Order: The challenge is dismissed and Mr Paul Han is excluded from the list of voters on the basis that a search of the Central Policy Branch indicates that Mr Han has not attended any meetings during the relevant period.

Sabah Esber Order: That the challenge is dismissed and Ms Esber be excluded from the list of eligible voters on the basis that she lost continuity during the relevant period.

Khurram Shahzad Order: Challenge is upheld and he is to be included in the list of eligible voters on the basis that his attendance is sufficient.

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CHALLENGES TO THE LIST OF ELIGIBLE VOTERS IN THE PROSPECT PRESELECTION 1 OCTOBER 2014

CHALLENGES FROM ANNUNZIATO LEUZZI

Mr Basim Shamaon Order: Pursuant to Rule J.7(a)(ii) the Fairfield Branch books are to be made available before close of business on Friday 3 October 2014 for the period 5 September 2012-2014 via fax or email. If Mr Basim Shamaon makes the requisite appearances within that time period, the Party Officers are authorised to add him to the list of eligible voters.

Mr Mathew Craig Order: Pursuant to Rule J.7(a)(ii) the Mt Pritchard Branch books are to be made available via email or fax before close of business on Friday on 3 October 2014. If upon review, Mr Craig has attended the requisite number of meetings, the Party Officers are authorised to include him on the list of eligible voters. This order only applies if no correspondence advising Mr Craig to move branches can be found by Party Office before COB Friday 3 October 2014.

Mr Joe Jospeh Order: Challenge is upheld and Mr Joe Joseph is to be included on the list of eligible voters.

Mr Evan Mansour Order: The challenge is dismissed and Mr Evan Mansour is excluded from the list of eligible voters given he did not attend the requiste number of meetings according to the Smithfield Branch books.

Mrs Rone Bersikh Order: Pursuant to a statutory declaration signed by Mrs Bersikh stating that she had renewed her membership in 2011 the challenge is upheld and Mrs Rone Bersikh is to be included on the list of eligible voters.

Mr Brian Clarke Order: The challenge was conceded and Mr Brian Clarke is excluded from the list of eligible voters.

Mrs Valerie McKinnon Order: Unless correspondence can be found by Party Office before COB Friday 3 October 2014 advising members of Blacktown Branch that they should move to another branch within the boundaries of the Prospect electorate, Ms McKinnon should be included on the list of eligible voters.

Ms Clarissa Mulas Order: The challenge is dismissed and Ms Mulas is to be included on the list of eligible voters pursuant to the 10 year rule and record of her current electoral enrolment.

Mr Gil Enzon Order: The challenge is dismissed as Mr Enzon was not included on the list of eligible voters.

Mr Sarat Singh Order: The challenge is dismissed and Mr Singh is to be included on the list of eligible voters pursuant to the 10 year rule and record of his current electoral enrolment.

Mr Bernard Job Order: The challenge is dismissed and Mr Job is to be included on the list of eligible voters given his electoral enrolment indicates that he currently resides in Prospect.

Mr Rene Galea Order: The challenge is dismissed and Mr Galea is to be included on the list of eligible voters given his electoral enrolment indicates that he currently resides in Prospect.

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CHALLENGES FROM HUGH MCDERMOTT Ms Raquel George Order: The challenge is upheld and Ms Raquel George be excluded from the list of eligible voters on the basis that she is not enrolled in Prospect.

Mr Robin George Order: The challenge is upheld and Mr George be excluded from the list of eligible voters on the basis that she is not enrolled in Prospect.

Mr Joe Jewo Order: The challenge is upheld and Mr Joe Jewo be excluded from the list of eligible voters on the basis that she is not enrolled in Prospect.

Mrs Renay Jewo Order: The challenge is upheld and Ms Ranay Jewo be excluded from the list of eligible voters on the basis that she is not enrolled in Prospect.

Mrs Taghrid Kaka Order: The challenge is upheld and Mr Taghrid Kaka be excluded from the list of eligible voters on the basis that she is not enrolled in Prospect.

Candida Mathews Order: The challenge is upheld and Ms Candida Mathews be excluded from the list of eligible voters on the basis that she is not enrolled in Prospect.

Mr David Saliba Order: The challenge is dismissed and Mr Saliba is to be included on this list of eligible voters given Mr Saliba resides in Prospect but is a silent voter.

Mr Mark Jekki Order: The challenge is dismissed and Mr Jekki is to be included on the list of eligible voters on the basis that he had attended the requisite number of meetings at the Smithfield Branch.

Ms Georgina Gewargis Order: The challenge is upheld and Ms Gewargis is to be included on the list of eligible voters on the basis that he had attended the requisite number of meetings at the Smithfield Branch

Mr Vaseekaran Rajadurai Order: Pursuant to Rule J.7(a)(ii) the Wentworthville Branch books are to be made available before close of business Friday 3 October 2014 via fax or email. If Vaseekaran Rajadurai has attended the requisite number of meetings the Party Officers are authorised to include him on the list of eligible voters.

Evan Mansour Order: The challenge is dismissed and Mr Evan Mansour is excluded from the list of eligible voters given he did not attend the requiste number of meetings according to the Smithfield Branch books.

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CHALLENGES TO THE LIST OF ELIGIBLE VOTERS IN THE RIVERSTONE PRESELECTION 1 OCTOBER 2014

Julia Bambery Order: Challenge is upheld and Ms Bambery is to be excluded from the list of eligible voters.

John Chircop Order: Challenge is dismissed and he is to be included in the list of eligible voters on the basis that, based on his electoral enrolment, he resides in Riverstone.

Joshua Chircop Order: Challenge is dismissed and he is to be included in the list of eligible voters on the basis that, based on his electoral enrolment, he resides in Riverstone.

Verenya Mohan-Ram Order: Challenge is upheld and he is to be included in the list of eligible voters on the basis that he has transferred to the NSW Branch and has 10 years of continuous financial membership prior to transferring from the NT Branch.

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WOLLONGONG PRESELECTION 29 NOVEMBER 2014

JULIE LIDDLE CHALLENGES

Challenge to include Terry Rumble to the list of eligible voters The Tribunal upheld the challenge and included Terry Rumble to the list of eligible voters on the basis that he is a Life Member and is correctly enrolled in the electorate of Wollongong.

Challenge to include Craig Clarke to the list of eligible voters The Tribunal upheld the challenge and included Craig Clarke to the list of eligible voters on the basis that he has had 10 years of continuous financial membership (Rule N.21f) and is correctly enrolled in the electorate.

Challenge to include Sydney Scroggy to the list of eligible voters The Tribunal upheld the challenge and included Sydney Scroggy to the list of eligible voters on the basis that he has had 10 years of continuous financial membership (Rile N.21f) and is correctly enrolled in the electorate. Mr Scroggy had previously applied for continuity in 2009 and this was granted.

Challenge to include Lawrence Scerri to the list of eligible voters The Tribunal upheld the challenge and included Lawrence Scerri to the list of eligible voters on the basis that he has had 10 years of continuous financial membership (Rule N.21f) and is correctly enrolled in the electorate.

Challenge to include George Gatanas to the list of eligible voters The Tribunal upheld the challenge and included George Gatanas to the list of eligible voters on the basis that he has had 10 years of continuous financial membership (Rile N.21f) and is correctly enrolled in the electorate. The Tribunal had previously granted Mr Gatanas continuity for the period of 2007-8.

Challenge to include Lola Issa to the list of eligible voters The Tribunal dismissed the appeal on the basis that Lola Issa had lost continuity in 2012.

Challenge to include Nabil Issa to the list of eligible voters The Tribunal dismissed the appeal on the basis that Nabil Issa had lost continuity in 2012.

Challenge to include Kenneth Dalton to the list of eligible voters The Tribunal dismissed the appeal on the basis that Kenneth Dalton’s membership of the Party had lapsed between 2012 and 2014. While Mr Dalton submitted an application for continuity, this was denied based on the length of continuity sought and the fact he had lost continuity on a previous occasion.

Challenge to include Nick McIntosh to the list of eligible voters The Tribunal dismissed the appeal on the basis that Nick McIntosh had not attended the requisite number of meetings of the Central Policy Branch to satisfy the requirements of Rule N.21(c).

Challenge to include Laze Brook to the list of eligible voters The Tribunal dismissed the appeal on the basis that Laze Brook was not a member of the Party from August 2013 to October 2014. While Mr Brook submitted an application for continuity, this was denied on the basis that he had resigned from the Party.

Challenge to include Walter Pritchard to the list of eligible voters The Tribunal dismissed the appeal on the basis that Walter Pritchard had not attended a meeting of the Port Kembla Branch until 19 January 2013 and failed to satisfy the requirements of Rule N.21(c).

Challenge to include Danica Vangelovski to the list of eligible voters The Tribunal dismissed the appeal on the basis that Danica Vangelovski had been attending a branch outside the electorate of Wollongong and had not registered with a branch within the electorate.

Challenge to include John Kewa to the list of eligible voters The Tribunal dismissed the appeal on the basis that John Kewa had not registered with the Port Kembla Branch prior to 7 November 2012.

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Challenge to include Kole Ivanovski to the list of eligible voters The Tribunal dismissed the appeal on the basis that the member did not attend a meeting of the Port Kembla Branch from 1 December 2012-1 December 2013.

Challenge to include Lupco Ivanovski to the list of eligible voters The Tribunal dismissed the appeal on the basis that the member did not attend a meeting of the Port Kembla Branch from 1 December 2012-1 December 2013.

Challenge to include Zivko Petrevski to the list of eligible voters The Tribunal dismissed the appeal on the basis that the member did not attend a meeting of the Port Kembla Branch from 1 December 2012-1 December 2013.

Challenge to include Pande Popovski to the list of eligible voters The Tribunal dismissed the appeal on the basis that the member did not attend a meeting of the Port Kembla Branch from 1 December 2012-1 December 2013.

Challenge to include Andon Ristevsku to the list of eligible voters The Tribunal dismissed the appeal on the basis that the member did not attend a meeting of the Port Kembla Branch from 1 December 2012-1 December 2013.

Challenge to include Zivko Uzuovski to the list of eligible voters The Tribunal dismissed the appeal on the basis that the member did not attend a meeting of the Port Kembla Branch from 1 December 2012-1 December 2013.

Challenge to remove Mitchell O’Dwyer to the list of eligible voters The Tribunal reserved its decision on this appeal. Based on the evidence provided, Mitchell O’Dwyer does not appear to have attended the requisite number of meetings to qualify under Rule N.21(c). The Tribunal heard verbal submissions that Mr O’Dwyer had attended two Cunningham FEC forums in 2012, which can count towards attendance requirements for local selection ballots. Mr O’Dwyer will have the opportunity to provide any relevant information from the Cunningham FEC. As this is new evidence, the Tribunal also reserves its right to consider it inadmissible. The Executive Officer will contact the Secretary of the Cunningham FEC and ask that any relevant information be provided, specifically in relation to FEC forums in 2012 by 3pm Monday 1 December.

Challenge to remove Kelly Bonnano from the list of eligible voters This appeal was dismissed on the basis that it was accepted that Kelly Bonnano had attended the October meeting of the Port Kembla Branch and satisfied all other meeting requirements under Rule N.21(c).

Challenge to remove Rita Lawson from the list of eligible voters This appeal was upheld on the basis that Rita Lawson was not a registered member of the Port Kembla Branch prior to 7 November 2012.

Challenge to remove Carol Berry from the list of eligible voters This appeal was upheld on the basis that Carol Berry has contacted the NSW Party Office, in writing, resigning from the Party.

Challenge to remove Michael Meurer from the list of eligible voters This appeal was dismissed on the basis that Michael Meurer was able to provide proof he was enrolled in the electorate of Wollongong.

Challenge to remove Kristen Wall from the list of eligible voters This appeal was dismissed on the basis that Kristen Wall was able to provide proof she was enrolled in the electorate of Wollongong.

Challenge to remove Elaine Jarvis from the list of eligible voters This appeal was dismissed on the basis that Elaine Jarvis satisfied the requirements of Rule N.21(f).

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MITCHELL O’DWYER CHALLENGES Challenge to include Sydney Scroggy to the list of eligible voters The Tribunal upheld the challenge and included Sydney Scroggy to the list of eligible voters on the basis that he has had 10 years of continuous financial membership (Rile N.21f) and is correctly enrolled in the electorate. Mr Scroggy had previously applied for continuity in 2009 and this was granted.

Challenge to include Terry Blanch to the list of eligible voters The Tribunal upheld the challenge and included Terry Blanch on the basis that he satisfied the requirements of Rule N.21(f).

Challenge to include Karen Browne to the list of eligible voters The Tribunal asks that Karen Browne provide proof she is correctly enrolled in the electorate of Wollongong. If Ms Browne is able to provide this information by 3pm, Monday 1 December, she will be added to the list as she satisfies the continuity requirements of Rule N.21(f).

Challenge to include Carol Jordan to the list of eligible voters The Tribunal upheld the challenge and included Carol Jordan on the basis that she satisfied the requirements of Rule N.21(f).

Challenge to include Dorothy Royle to the list of eligible voters The Tribunal upheld the challenge and included Dorothy Royle on the basis that she satisfied the requirements of Rule N.21(f).

Challenge to include Mary Bulman to the list of eligible voters The Tribunal upheld the challenge and included Mary Bulman on the basis that she satisfied the requirements of Rule N.21(f).

Challenge to include Mark Yates to the list of eligible voters The Tribunal upheld the challenge and included Mark Yates to the list of eligible voters on the basis that he has had 10 years of continuous financial membership (Rule N.21f) and is correctly enrolled in the electorate. Mr Yates had previously applied for continuity in 2013 and this was granted in 2014.

Challenge to include Elaine Flynn to the list of eligible voters The Tribunal dismissed the appeal on the basis that the member had lost continuity in 2007. The Tribunal notes the length of Mrs Flynn’s membership and invites her to apply for continuity for this period.

Challenge to include Terrence Flynn to the list of eligible voters The Tribunal dismissed the appeal on the basis that the member had lost continuity in 2007. The Tribunal notes the length of Mr Flynn’s membership and invites him to apply for continuity for this period.

Challenge to include John Kewa to the list of eligible voters The Tribunal dismissed the appeal on the basis that John Kewa had not registered with the Port Kembla Branch prior to 7 November 2012.

Challenge to include Chris Snewin to the list of eligible voters The Tribunal reserves its decision on this appeal. The Tribunal asks that the Secretary of the Queanbeyan Branch be contacted by the Executive Officer and asked to provide a copy of the branch attendance book from the 9 August 2011 and 10 July 2012 meetings. The Tribunal asks that this information be provided by 3pm, Monday 1 December 2014.

Challenge to include Janai Tabbernor to the list of eligible voters The Tribunal upheld the appeal and added Janai Tabbernor to the list of eligible voters on the basis that she attended the requisite number of meetings of the Central Policy Branch, Bulli Woonona Helensburgh Branch and Mount Kembla Unanderra Branch.

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Challenge to remove Cveta Davidovic from the list of eligible voters The Tribunal upheld the appeal and removed Cveta Davidovic from the list of eligible voters on the basis that the member had been attending a branch which was not composite with the electorate in which she lived.

Challenge to remove Oscar Cordoba, Jason Hellyer, Toni Robinson, Rifat Tascioglu and Waine Young from the list of eligible voters There were two parts to this challenge. The Tribunal dismissed the first part in relation to financial continuity. The Tribunal considered the applications for continuity from these members, which were received prior to the opening of nominations. These applications were granted. The Tribunal could not make a decision based on meeting attendances as they the Mount Keira books were not provided. The Tribunal orders that the Mount Keira Branch books be provided to the NSW Party Office by 3pm, Monday 1 December. If the books are not provided, the challenge will be upheld.

Challenge to remove Matthew Lelli from the list of eligible voters The Tribunal upheld the appeal and removed Matthew Lelli from the list of eligible voters on the basis that he had lost continuity in 2013.

ANN MARTIN CHALLENGES Challenge to include Naomi Arrowsmith to the list of eligible voters The appeal was dismissed on the basis that Ms Arrowsmith did not attend a meeting on the Port Kembla Branch from 1 December 2012 to 1 December 2013.

Challenge to include Ronald Watt to the list of eligible voters The appeal was dismissed on the basis that Mr Watt did not attend a meeting on the Port Kembla Branch from 1 December 2012 to 1 December 2013.

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WOLLONGONG PRESELECTION 1 DECEMBER 2014

MITCHELL O’ DWYER CHALLENGES

Challenge to include Chris Snewin to the list of eligible voters The Tribunal upheld the appeal and added Chris Snewin to the list of eligible voters. The information provided by the Secretary of the Queanbeyan Branch showed that Mr Snewin has attended the required number of meetings under Rule N.21(c).

Challenge to include Karen Browne to the list of eligible voters The Tribunal notes Mrs Browne’s advice to the Executive Officer that she lives in Wollongong, but has not updated her enrolment. The Tribunal gives Mrs Browne until 5pm Wednesday 3 December to regularise her enrolment. If Mrs Browne can provide a copy of the submitted form and any receipt from the Electoral Commission, the Party Office is authorised to include Mrs Browne to the list of voters.

Challenge to remove Oscar Cordoba, Jason Hellyer, Toni Robinson, Rifat Tascioglu and Waine Young from the list of eligible voters These members will remain on the list of eligible voters based on their attendance at meetings up until December 2013. However, the Mount Keira Branch is defunct. There are glaring inconsistencies between the minutes of the 7 April meeting and the attendance book; there are minutes for the May meeting, but no signatures in the attendance book; the minutes of the June meeting state there was no quorum, but there are signatures in the attendance book, and; the attendance book and minute book both state the July meeting was inquorate. As a result, the Tribunal determined that the Branch did not meet for four months and is defunct. The Tribunal noted manifest and repeated inconsistencies throughout the Branch’s records. The Tribunal invites the Review Tribunal to rule on these inconsistencies and refers the matter to the Party Officers for consideration.

JULIE LIDDLE CHALLENGES Challenge to remove Mitchell O’Dwyer from the list of eligible voters The Tribunal upheld the appeal and removed Mitchell O’Dwyer from the list of eligible voters. While Mr O’Dwyer had attended 4 meetings between the 7 November 2012 and 7 November 2014 period, he was not a registered member of the Branch prior to 7 November 2012. The Tribunal notes that Mr O’Dwyer was overseas serving in the army for much of 2011 and 2012, making it difficult for him to renew his membership of the Branch in those years. The Tribunal will recommend that the Party’s Rules be amended make it easier for military personnel to renew their Branch membership while they are serving overseas.

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IN THE MATTER OF HICHAM ZRAIKA REASONS FOR DECISION 5 DECEMBER 2014

INTRODUCTION 1. Ms Barbara Perry, a member of the Legislative Assembly representing the State electorate of Auburn, brings charges against Mr Hicham Zraika, the secretary of the Regents Park branch of the Party, alleging that he has engaged in “unworthy conduct” within the meaning of Rule A.35 of the Party’s Rules. In particular, it is said, by reference to Rule A.35(c), that his conduct includes: (a) knowingly recruiting Party members who do not live at their claimed addresses in an attempt to gain an advantage at local Party meetings or the outcome of Party ballots; and (b) funding Party memberships for other individuals or groups of individuals could otherwise be on willing to pay their own subscriptions. 2. This matter arises in the context of a preselection contest between Ms Perry and Mr Zraika, both of whom are seeking to be the endorsed candidate of the Party for the electorate of Auburn in the upcoming State election. 3. Underpinning the first aspect of the charge is the suggestion that Mr Zraika was involved in a scheme, the result of which was that numerous members of the Regents Park branch were recorded in the Party's membership lists as residing at addresses other than those at which they were enrolled to vote in federal elections. As for the second limb of the charge, it suffices to say that Ms Perry sought to drew attention to what was alleged to be the bulk renewal of memberships, particularly of members of the Regents Park branch. As will emerge later in these reasons, Ms Perry’s case shifted somewhat in the course of argument, with the consequence that it was not so much the allegation of funding of memberships, but rather the suggestion that Mr Zraika partook in a process of bulk renewal in breach of the Party’s Rules, that formed the centrepiece of her submissions. 4. For the reasons that follow, the Tribunal dismisses the charges brought by Ms Perry.

PRELIMINARY MATTERS 5. Given the seriousness of the allegations advanced by Ms Perry and the complexities of the issues that fall for determination, the Tribunal granted the parties leave to appear by their legal representatives – in the case of Ms Perry, Mr Latham of counsel, and in the case of Mr Zraika, Mr Tyson of counsel. The Tribunal is indebted to both counsel for their assistance. 6. Mr Latham made a number of submissions concerning the approach that the Tribunal should adopt in resolving matters such as those sought to be agitated by Ms Perry. To no small extent, the approach propounded by Mr Latham operated to the benefit of Mr Zraika, in particular the suggestion that proof of Ms Perry’s allegations should be assessed against the so-called Briginshaw standard. This last proposition was common ground between the parties and there is no reason for thinking that it is in any way heterodox. 7. Mr Latham devoted a further portion of his written outline of submissions to developing the proposition that this Tribunal exercises a protective jurisdiction, the nature of which is to exclude any entitlement that a respondent to a charge might otherwise have to refrain from giving evidence. Given that Mr Zraika made himself available for questioning, it is unnecessary to deal with submission.

IRREGULARITIES WITH RESPECT TO THE ADDRESSES OF PARTY MEMBERS 8. The evidence before the Tribunal establishes that several Party members within the Auburn electorate are recorded in the Party’s membership lists as residing at addresses that differ from the addresses at which they are enrolled to vote in federal elections. This is notwithstanding that, for the most part, their recorded and enrolled addresses fall within the boundaries of the electorate of Auburn. 9. To the extent that the Party retains, and has produced to the Tribunal and to the parties in this matter, the membership application forms of those members, it would appear that their enrolled addresses, where they are in fact enrolled, correspond to the addresses stated by them at the time of joining the Party. At the very least, this suggests compliance with Rule I.6 of the Party’s Rules, which relevantly states: “Members must, at the time of joining or transferring to a Branch either be correctly enrolled with the Australian Electral Commission to vote in a federal election at their stated address or not be so entitled because they are under 18 years of age or not an Australian citizen.”

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10. Nonetheless, there appear to be discrepancies between the membership records of the Party and the Commonwealth electoral roll. Of course, there may be innocent explanations for such discrepancies, not least among them the delay that might attend the changing of one’s enrolment details after moving from one residence to another. 11. It is, however, Ms Perry’s assertion that the number, and in some cases the nature, of these discrepancies indicate the adoption of a deliberate, and therefore more sinister, course on the part of her political opponents. For example, the Party’s membership lists for 2013 and 2014 show a number of members residing at 128 Avenue of the Americas, Newington. Ms Perry has furnished sufficient evidence for the Tribunal to be satisfied that this address does not in fact exist, a conclusion that Mr Zraika did not dispute during the course of argument. The fact that multiple individuals are recorded as residing at an address that is not merely different from that which appears in the electoral roll, but also fictitious, does not readily lend itself to explanation in terms of oversight or delay following a relocation. At the very least, one is prompted to ask whether there has been a deliberate attempt to divert Party correspondence from the true addresses of individual members. 12. Having said that, Ms Perry faces one considerable difficulty in seeking to make good her allegations of unworthy conduct, namely, the absence of sufficient evidence to permit the Tribunal to attribute the vast preponderance of these various discrepancies to Mr Zraika. Indeed, Mr Zraika denied any knowledge of how it was that a number of Party members came to be recorded in the Party’s membership lists as residing at 128 Avenue of the Americas, Newington, and Ms Perry did not furnish the Tribunal with evidence to suggest that that denial was less than truthful. 13. This evidentiary lacuna in Ms Perry’s case is most apparent in so far as she alleges impropriety in relation to the membership of Mr Khaled Fatfat, Mr Saad Tobbie and Ms Laura Kheir. 14. In both his membership application and his membership renewal form for 2012, Mr Fatfat’s address for enrolment purposes was stated to be 59 Northumberland Road, Auburn. The Tribunal is satisfied, on the basis of a statutory declaration provided by the owner and occupant of that property (who, it should be noted, is Ms Perry’s father), that Ms Fatfat did not at any point reside at that address. False information was thus provided to the Party. However, there is simply no evidence that it was Mr Zraika who provided, or directed the provision of, such information, or that he was in any way involved in any improper course of conduct concerning the membership of Mr Fatfat. 15. Similarly, Ms Perry seeks to rely upon evidence that both Mr Tobbie and Ms Kheir now reside in Merrylands, notwithstanding that: (a) the former is enrolled at 16 Graham Street, Auburn, and the latter at 16 Helena Street, Auburn; (b) Mr Tobbie’s membership renewal for 2013 stated his address to be 2/45 Stanley Road, Lidcombe, even though the Party’s Auburn State Electorate Financial Stating Listing for 18 November 2014 showed him to be residing at 16 Graham Street, Auburn; and (c) the same listing recorded Ms Kheir’s address as 13 Louis Street, Auburn. 16. Needless to say, the impression is one of significant deficiency in so far as the accuracy of the Party’s records pertaining to Mr Tobbie and Ms Kheir is concerned. Nonetheless, this of itself does not establish any wrongdoing on Mr Zraika’s part. Nor does it assist Ms Perry merely to assert that such wrongdoing can be inferred from the fact that Mr Zraika is secretary of the Regents Parks branch of the Party and was involved in the formation of the Newington branch. 17. What is required is proof: (a) that the individuals the subject of the discrepancies highlighted by Ms Perry do not reside at the addresses recorded in the records of the Party; (b) that Mr Zraika was aware of the falsity of those stated addresses; and (c) that Zraika recruited those members to gain some advantage at local Party meetings or with respect to the outcome of Party ballots. 18. For most of the individuals whose membership records were the subject of evidence and submissions before this Tribunal, that forensic burden has not been discharged. 19. It is convenient at this point to focus upon those individuals who are listed in the records of the Party as residing either at Mr Zraika’s home address, being 2 York Street, Berala, or his mailing address, being PO Box 1158, Auburn 1835. Mr Zraika’s evidence is that the only persons residing at 2 York Street, Berala are he and his wife and their three children. Indeed, Mr Zraika and his wife are the only two persons enrolled to vote at that address, and that is as it should be, having regard to the provisions of the Commonwealth Electoral Act 1918 (Cth).

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20. Mr Zraika’s evidence is that he simply did not know, prior to the bringing of the present charges by Ms Perry, that any person other than he and his wife was recorded in the Party’s membership lists as residing at his home address or – more anomalously still – his mailing address. By his telling, he did not at any point adhere to a practice of checking the membership lists provided to him by the General Secretary pursuant to Rule I.19(e) of the Party’s Rules, and thus was in no position to act upon any anomalies in those lists. Nonetheless, Mr Zraika’s evidence on these matters was less than entirely satisfactory. After all, in responding by correspondence to the charge brought by Ms Perry, he said, amongst other things: “The fact that there are several Zraika’s [sic] that use my home address as their mailing address to receive their post from the ALP (or at PO Box 1158) is not evidence of anything in particular but a service as secretary of the branch to assist my members, especially where English is a second language.” 21. The use of the word “service” would suggest some awareness that his home or postal address was being used by or for others as an inbox, as it were, for Party correspondence. Having said that, various answers given by Mr Zraika to questions from Mr Latham tended to suggest that the notion of a “service” afforded to members was the product of pure speculation on his part. 22. More tellingly, Mr Zraika conceded that during the contest in late 2013 for the leadership of the Federal Parliamentary Labor Party, he received at either his home address or his postal address several ballot papers marked for the attention of members not residing at either address. His evidence was that he passed these ballot papers to their intended recipients. 23. At the very least, this should have alerted Mr Zraika to the possibility that the addresses of several members of the Regents Park branch were erroneously recorded in the Party's membership lists. In the course of argument, Mr Tyson submitted that as secretary of the Regents Park branch, Mr Zraika was not obliged to conduct an audit of the Party’s membership lists in so far as they concerned that branch. This is notwithstanding that he no doubt received from the General Secretary, on an annual basis, a complete list of the names and addresses of branch members. 24. However, even if Mr Tyson were correct in that submission, it does not follow that Mr Zraika was a model branch secretary. It is incontrovertible that branch secretaries play a significant role in ensuring the integrity of the Party’s processes, particularly as they relate to the participation of rank-and-file members. Aspects of this role are codified in Rule I.24. In the Tribunal’s view, that role necessitates vigilance in circumstances where a branch secretary becomes aware that the Party’s records do not correctly state the residential addresses of members. 25. In order to understand why this is so, it is necessary to have regard to Schedule A of the Rules, which contains templates for the membership application forms and membership renewal forms to be used by the New South Wales Branch of the Party. Both templates require an applicant for Party membership or a renewing Party member, as the case may be, to state as his or her address that address at which he or she is enrolled to vote (assuming, of course, that the individual in question is eligible to be so enrolled). There is a separate section in each form for the individual’s postal address. There is accordingly an expectation that Party members nominate their enrolled address as their residential address for the purposes of the Party’s records. 26. The importance of this is reinforced by Rule I.6, the relevant portion of which has been extracted above. In circumstances where a member is eligible for inclusion in the Commonwealth electoral roll, that provision renders his or her entitlement to join a given Party branch conditional upon that member being enrolled at his or her stated address. 27. Consequently, when Mr Zraika was alerted to the possibility of errors or discrepancies in the Party's membership lists, as he must have been in late 2013, he should have demonstrated more initiative in bringing this possibility to the attention of the Party office. Of course, the fact that he was receiving ballot papers intended for others may have indicated no more than that the Party's membership lists did not correctly state the mailing addresses, as distinct from the residential addresses, of those members. It is difficult, in light of that, to conclude that Mr Zraika was so grossly derelict in the performance of his functions as secretary of the Regents Park branch as to merit sanction in the form of suspension of his membership or expulsion. 28. During the course of questioning by Mr Latham, Mr Zraika suggested that some person unknown to him may have been responsible for the significant deficiencies in the Party’s records. This was said to be so implausible as to afford a basis for impeaching Mr Zraika's credit. In our view, this aspect of Mr Zraika's evidence was proffered, not as an actual explanation for the relevant deficiencies or irregularities, but rather as speculation. That it was implausible may be conceded, but this only means that those irregularities remain unexplained, in circumstances where the totality of the evidence before the Tribunal does not otherwise support the findings and conclusions sought by Ms Perry.

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29. It follows then that Ms Perry has failed to make good the allegation that the Party’s membership lists are indicative of unworthy conduct attributable to Mr Zraika. Nonetheless, the Tribunal is of the opinion that Mr Zraika was delinquent in meeting his responsibilities as secretary of the Regents Park branch. Lest we be misunderstood, we should emphasise that this conclusion does not proceed upon the premise that branch secretaries are obliged to conduct membership audits in relation to their respective branches. Rather, having been alerted to the possibility of errors in the Party’s records during the course of the contest between Mr Shorten and Mr Albanese for the leadership of the Federal Parliamentary Labor Party, Mr Zraika should have sought to ensure that members of the Regents Park branch were recorded as residing at the addresses at which they were enrolled to vote. 30. The Tribunal has considered whether this affords a basis for reprimanding Mr Zraika. In our view, the power to reprimand is only available where a charge of the sort described in Rule A.35(a) is upheld. Given that there was no submission by either party addressed to whether or not Mr Zraika’s conduct as secretary of the Regents Park branch, as outlined above, was unworthy within the meaning of Rule A.35(a), the Tribunal has determined not to issue any formal reprimand to Mr Zraika.

BULK RENEWAL OF MEMBERSHIPS 31. In so far as the second limb of her case is concerned, Ms Perry’s submissions fasten upon the following facts: (a) in July 2014, the Regents Park branch had 307 financial members, 225 of whom had their memberships automatically renewed on 1 November 2013 in respect of the 2014 membership year; (b) of these 225 members, 52 had their memberships renewed in respect of the 2013 membership year on 22 March 2013 and a further 146 on 28 March 2013; and (c) the 2014 renewals of a further 76 members of the Regents Park branch then occurred during a brief period between 24 and 31 March 2014. 32. There is no doubt that these facts may suggest an unusual degree of organisation, if not coordination. However, that of itself does not permit an inference to be drawn that Mr Zraika provided the funds to pay the fees in respect of these membership renewals. 33. It was further submitted on Ms Perry's behalf that at least the great bulk of the membership renewal forms signed by these members appear to have been filled out by Mr Zraika. This is on the basis of an asserted similarity in the handwriting on those forms and that which appears on a number of annual returns in respect of the Regents Park branch that Mr Zraika provided to the secretary of the Auburn State Electorate Council. However, the Tribunal is not prepared to conclude that the handwriting on the renewal forms relied upon by Ms Perry does, in every instance, belong to Mr Zraika. And even if Ms Perry were correct in that assertion (which Mr Zraika denies), it does not necessarily follow that Mr Zraika paid for the membership renewals. 34. Perhaps mindful of this difficulty in her case, Ms Perry made the submission that several documents requested by her for production prior to the hearing of this matter were simply not provided by the Party office. These included documents recording the identities of any person or persons “who lodged renewal forms on behalf of Regents Park branch and Newington branch members with [the Party's head office] in March 2013 and March 2014 and the identity of any Party officer/s who received such renewal forms in March 2010, 11, 12 and March 2014, as well as copies of any related Bulk Renewal declaration records”. It was implicit in the argument put on behalf of Ms Perry that the incomplete production of requested documents was unsatisfactory. 35. As the Tribunal understands it, every effort was made within a compressed timeframe to accommodate Ms Perry's requests for documents, and indeed, she and Mr Latham were provided with copies of a voluminous set of materials. To the extent that there was any gap in the production of documents, this may safely be attributed to gaps in the Party's record-keeping. Those gaps may well be a matter of concern, and the Tribunal recognises that the resolution of the issues raised by Ms Perry would have proceeded more assuredly if the Party's records had been more fulsome. 36. However, this alone does not afford a basis for drawing inferences of the sort contended for by Ms Perry. 37. There is simply no evidence concerning the source of the funds used to pay for the impugned membership renewals. That being so, the Tribunal cannot be satisfied that Mr Zraika has engaged in funding Party memberships for other individuals or groups of individuals who would otherwise be unwilling to pay their own subscriptions. 38. However, as has already been alluded to, Ms Perry’s case shifted somewhat in the course of argument. Specifically, it was said that Mr Zraika instigated, or partook in, an exercise in renewing memberships in bulk, and that he did so in contravention of the Party's Rules.

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39. At the heart of this final iteration of Ms Perry’s case is the proposition that Rules A.28(c)(i) and A.12(d)(iii), (e) and (f) together prescribe a process for undertaking so- called bulk renewals of Party memberships. Pursuant to rule A.28(c) (i), one of the alternative methods by which a person is required to submit a Membership Renewal Form is prescribed by reference to Rule A.12(d), which relates to the various means by which applicants for membership may submit their application forms. Rule A.12(d)(iii) provides that a person may so submit by arranging for another person to hand in the signed Membership Application Form at the Party Office with the correct Membership Fee. This latter person must, pursuant to Rule A.12(e), provide identification, and the Party Office is obliged by Rule A.12(f) to keep a record of that person's identity. 40. It was in this context that Ms Perry’s complaints concerning the inadequacy of the production provided by the Party office were advanced with particular vigour. Again, the Tribunal can only agree that if the various Membership Renewal Forms were handed in pursuant to the process contemplated by Rule A.12(d)(iii), and if no record was kept of the identity of the person or persons who handed in those forms, then the Party's record-keeping was plainly deficient. 41. However, there was no positive evidence before the Tribunal that the Membership Renewal Forms were handed in by persons other than the members who signed them. Instead, the Tribunal was asked to infer this on the basis that it was simply not plausible to suggest, having regard to the sheer numbers of renewal forms submitted on the relevant dates, that each of the renewing members in question attended the Party office in person. It was then said, by reference to the handwriting on the Membership Renewal Forms, that Mr Zraika was associated with or involved in this asserted attempt at effecting the bulk renewal of memberships. 42. Let it be assumed that Ms Perry is correct in these assertions. What is the contravention of the Rules in which Mr Zraika is said to have engaged? It is true that in the draft 2015 Rules, there is a provision requiring persons who hand in Membership Applicant (or Renewal) Forms on behalf of others to sign a declaration form of some sort. However, there is no such provision in the version of the Rules presently in force, and in the absence of that provision, it is difficult to see how Mr Zraika has contravened any rule, assuming, of course, that he did in fact hand in, or directed the handing in of, the Membership Renewal Forms of others residing within the State electorate of Auburn. 43. In any event, there is no evidence before the Tribunal capable of substantiating this last assumption. Even if the handwriting on the forms did belong to Mr Zraika, Ms Perry has failed to prove, on the balance of probabilities, qualified by reference to what was said in Briginshaw v Bringinshaw,1 a course of events more sinister than one in which Mr Zraika, in an effort to be of assistance, filled out a series of Membership Renewal Forms and circulated them to members to be signed and submitted as they saw fit. This is not to say that that is in fact what occurred. That hypothesis is advanced merely to illustrate the extent to which the evidence did not afford a basis for drawing the inferences contended for by Ms Perry. 44. We thus reject Ms Perry’s submissions in relation to the second limb of her case. It also follows that there is no need to address her suggestion that Mr Zraika's conduct may give rise to questions concerning possible contraventions of the Electoral Funding, Expenditure and Disclosures Act 1981 (NSW). 45. The charge against Mr Zraika is accordingly dismissed.

1 (1938) 60 CLR 336

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NEWCASTLE WARD 3 PRESELECTION 9 JANUARY 2015

1. In making this decision, the Tribunal has reviewed the following documents: a. The charge filed by Justin Davis against Ms Susanne Scobie dated 15 December 2014; b. The ‘Application to the Internal Appeals Tribunal’ lodged by Mr Justin Davis dated 16 December 2014; c. The statutory declaration of Ms Kylie Rooke dated 13th December 2014; d. The challenge to include Mr Charles McBean on the list of eligible voters lodged by Mr Declan Clausen dated 17 December 2014; e. The challenge to include Mr Stan Rupnik’s vote lodged by Mr Decan Clausen dated 18 December 2014; f. The decision of the General Returning Officer Mr Peter Bently dated 16 December 2014; g. The decision of the Assistant General Returning Officer Mr Donovan Harris dated 16 December 2014; h. The attendance of Barrie Shannon at meetings of the Wright Branch; and i. The Georgetown Waratah branch member list

CHALLENGES TO THE LIST OF ELIGIBLE VOTERS 1. Rule A39(a)(i) of the NSW Labor Party (‘The Rules’) stipulates that a challenge to the list of eligible voters must be lodged within 7 days (or such other period as the Administrative Committee may determine) of the preselection ballot taking place. For the Newcastle Ward 3 Preselection, the Administrative Committee determined that all credential challenges closed with the NSW Party Office at 5pm on Monday 8 December 2014. Rule A39(c) further provides that a challenge to the list of eligible voters cannot be made after the ballot has closed. No challenges to the list of eligible voters were received by the NSW Party Office until after the ballot had closed. Accordingly, the credentials appeals lodged by Mr Declan Clausen dated 17 and 18 of December and the credential appeal lodged by Mr Justin Davis dated 16 December 2014 are to be dismissed. The decision made by the General Returning officer in relation to eligibility of the 4 challenged votes is upheld.

CHARGE AGAINST MS SCOBIE 1. The Tribunal does not consider it necessary to make a determination about substantive aspects of the charge lodged against Ms Scobie at this time except in relation to the credentialing matter of Mr Bean’s vote. 2. The vote cast by Mr McBean was not counted by the General Returning Officer. Accordingly, the charge lodged by Mr Davis against Ms Scobie does not affect the outcome of the ballot and the decision of the General Returning Officer in relation to the outcome of the ballot is upheld. 3. The remaining dispute matters contained within the charge letter lodged by Mr Davis are to be dealt with by the Tribunal at a later date. All parties to this matter will be advised of the timetable to hear the dispute in due course.

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MR JOHNO JOHNSON: MAROUBRA BRANCH AGM 22 APRIL 2015

1. In a letter addressed to the General Secretary dated 8 April 2015, Mr Johno Johnson requested that nominations for branch positions at the Maroubra Branch Annual General Meeting (‘AGM’) scheduled to close at 6pm on Friday 10 April 2015, be reopened at the Branch’s next meeting scheduled for 13 April 2015 and that the ballot be stayed.

2. This was argued on the basis that Mr Johnson received the notice of the Maroubra Branch Annual General Meeting on 7 April 2015 which did not afford him seven days-notice of the close of nominations in breach of Rule I.19(b)(i). Additionally, it was argued that the notice did not specify the number of delegates and alternate delegates to the State Electorate Council and Federal Electorate Council to be elected in accordance with the template AGM notice issued by Party Office.

3. This correspondence was referred to the Internal Appeals Tribunal (‘IAT’) by the Administrative Committee at its meeting on Friday 8 April 2015.

4. Following this meeting, a letter from the Assistant Secretary dated 10 April 2015 advised the Deputy Returning Officer Mr Peter Robertson, that because the correspondence had been referred by the Administrative Committee to the IAT “the ballot should be stayed and nominations should be reopened at the branch’s next meeting”.

5. Despite receiving this letter, the Deputy Returning Officer did not stay the ballot, declared all positions elected unopposed and did not reopen nominations.

6. The Tribunal has formed the view that the results of the ballot should be declared invalid and nominations should be reopened at a later date. Mr Johnson’s primary argument that the meeting notice did not comply with the rules both in form and substance, is correct. The evidence before the Tribunal suggests that seven days notice of the meeting was not given to members of the branch. While this was likely due to the lack of mail over the Easter break, the Tribunal strongly recommends that in such circumstances branch secretaries send notice well in advance of the meeting date and close of nominations in order to insure compliance with the rules.

7. Importantly, that the Deputy Returning Officer did not comply with advice that ballot should be stayed, supports the Tribunal’s conclusion. While it is likely that failure to comply with this advice resulted from a miscommunication, it is important that proper process is adhered to in respect of matters before the Tribunal.

8. Accordingly, both parties will liaise with Party Office to set a new date for the opening and closing of nominations for Branch positions. The Secretary of the relevant SEC and FECs will be notified of this decision and are directed to schedule their AGMs to allow correct notice for delegates from Maroubra Branch when elected.

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INTERNAL APPEALS TRIBUNAL DECISION 22 APRIL 2015

1. Mr Peter Doherty applied to the Internal Appeals Tribunal to have his membership renewal recognised as having taken place before 31 January 2015 to allow him to run as President of the Byron Bay Branch at their next Annual General Meeting.

2. Primarily, it was Mr Doherty’s contention that he attempted to have his credit card details retained on the online renewal system so that his membership would renew automatically before the 31st of January. He submitted that after numerous attempts this did not occur due to a glitch in the online renewal system.

3. The Tribunal has formed the view that on the evidence available, Mr Doherty’s renewal should be recognised as having being automatically renewed on 1 November 2014 to allow him to stand for President at the Branch’s next AGM and the member’s Party Membership record should be reviewed to reflect this renewal date.

4. The Returning Officer for the branch’s AGM and the secretaries of the relevant SEC and FEC will be informed in writing of this decision.

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INTERNAL APPEALS TRIBUNAL DECISION 22 APRIL 2015

FACTUAL BACKGROUND

1. In a letter addressed to the General Secretary dated 15 December 2014, Mr Justin Davis, a candidate in the Newcastle Ward 3 Local Council Election, brings a charge against Ms Suska Scobie of “unworthy conduct” under rule A.35(a).

2. The charge concerns Ms Scobie’s conduct during the preselection ballot. The parties agree that after Ms Scobie had voted in the preselection ballot, Ms Scobie accompanied Mr Charles MacBean into the ballot room and filled out his ballot paper. Mr MacBean is an elderly life member of the Party who relies on a walking frame to move around.

3. Mr Davis’ charge has two limbs. Firstly, it is alleged that Ms Scobie did not have the permission of the retuning officer to be inside the ballot room at the time she accompanied Mr MacBean to vote in contravention of rule M.5(b). Secondly, it is alleged that Ms Scobie wrongfully filled out Mr MacBean’s ballot paper in accordance with her own voting intentions and therefore voted twice in the preselection.

4. Ms Scobie refutes both of these allegations. She maintains that she had permission to be inside the ballot room and was legitimately assisting Mr MacBean give effect to his own voting intentions because of his inability to mark the ballot paper in the required manner himself due to his frailty and fading eye sight.

PERMISSION TO BE INSIDE THE BALLOT ROOM

5. It is Mr Davis’ primary contention that compliance with rule M.5(b) requires a positive action by the Returning Officer to convey permission. It is submitted that silence is not permission within the meaning of rule M.5(b). Mr Davis submits that if the Tribunal were to hold that active permission from the Returning Officer was not required, Party members may be encouraged to disobey Party rules in the hope they do not get caught. Alternatively, he argues that if Tribunal considers silence to constitute sufficient permission generally, in this particular instance silence cannot be considered sufficient. This is because both the Returning Officer and Assistant Returning Officer were distracted at the time Ms Scobie filled out Mr MacBean’s ballot paper and were not aware that it was occurring.

6. For present purposes, the Tribunal is prepared to assume, without necessarily deciding, that rule M.5(b) requires active permission to be given by the Returning Officer. However, there is no stipulation in that rule that such permission can only be given verbally; therefore, if active permission is required, it would be sufficient if, by his or her words or conduct, the returning office conveyed a clear and unequivocal indication of consent to the presence of the individual concerned. And contrary to Mr Davis’ submission that no such active permission was given, the Tribunal finds that multiple affirmative acts were in fact performed by the Returning Officer which constitute permission within the meaning of rule M.5(b).

7. According to the evidence before the Tribunal, the Returning Officer assisted Mr MacBean in signing the voting register, handed Ms Scobie Mr MacBean’s ballot paper, observed Ms Scobie accompany Mr MacBean to the voting table and accepted Mr MacBean’s completed ballot paper with the knowledge that Ms Scobie had filled it out. Accordingly, the Tribunal is of the view that these actions constitute permission required by Rule M.5(b) and Ms Scobie is not in breach of this rule.

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FILLING OUT MR MACBEAN’S BALLOT PAPER

8. Finally, Mr Davis submits that Ms Scobie was not legitimately assisting Mr MacBean to cast his vote when she filled out his ballot paper but was voting according to her own intentions and therefore voted twice in the ballot. In support of this allegation, he relies on the Statutory Declaration of Ms Kylie Rooke dated 13 December 2014 which states that at no time did Ms Rooke witness Mr MacBean verbally give permission to Ms Scobie to fill out his ballot paper. There is conflicting sworn evidence before the Tribunal relating to this issue. Importantly, Mr MacBean’s Statutory Declarations of 14 December 2014 and 23 January 2015 state that he did in fact give Ms Scobie instructions to fill out his ballot paper in order to assist him give effect to his voting intentions.

9. Mr Davis submits that Mr MacBean’s Statutory Declaration should be given less weight because he was not present at the hearing to be cross examined. There is some force in that submission. However, Ms Scobie informed the Tribunal that Mr MacBean was not present because he is recovering in hospital from an operation. The Tribunal considers this reason for his absence sufficient to prevent his nonattendance from having any negative bearing on his sworn evidence.

10. Accordingly, the Tribunal is of the view that in the circumstance where there is conflicting sworn evidence before it, the onus is on the party who brings the charge to establish why the evidence relied on by the opposing party should not be accepted. Mr Davis has failed to do so. As a result, the allegation that Mr MacBean did not authorise Ms Scobie to fill out his ballot paper has not been made out on the evidence. The Tribunal recognises that both parties have given evidence that they believed to be true and accurate bearing in mind that Ms Rooke was not a party to the conversation in which Mr MacBean gave Ms Scobie permission to fill out his ballot paper.

11. The Tribunal therefore, dismisses the charge against Ms Scobie.

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ALEXANDER V BARCHA 19 MAY 2015

BRANCH ATTENDANCE BOOKS

1. Mr Nathan Alexander submits that the meetings recorded in the Smithfield branch attendance book on 23 November 2014 and 31 January 2015 were not valid branch meetings. This was contended on the basis that notice had not been given in accordance with the Rules. It was submitted that this was so, contrary to the statutory declarations signed by a number of members of the Smithfield Branch who attended these meetings, submitted in support of Mr Barcha’s submissions.

2. It is further contended that failure to send out notice for these meetings and subsequently presenting them to be valid branch meetings should be considered unworthy conduct.

3. In response, Mr Barcha submits that these gatherings were not intended to have the status of a branch meeting. The meeting on 23 November 2014 was a branch members training day and the gathering on the 31 January 2015 was a community barbeque held in the lead up to the 2015 NSW State Election. The Tribunal noted that there were no minute book entries for either of these dates to authenticate that meetings took place.

4. The Tribunal finds that Mr Alexander’s submission is incorrect and the charge of unworthy conduct is not made out. These meetings were not branch meetings for the purpose of Party business but were merely branch activities which took place in the lead up to the 2015 NSW State Election. They did not have the status of a branch meeting. This is not denied by Mr Barcha. Accordingly, the Tribunal has annotated the relevant pages of the Smithfield branch attendance book indicating that attendance at these meetings will not count towards preselection rights for the purpose of future credentialing. The Tribunal also notes that although one page states that the meeting was held on 23 October 2014, this is a typographical error and it is accepted that the gathering took place on 23 November 2014.

MEETING ON 2 FEBRUARY 2015

1. It is submitted that Mr Barcha engaged in ‘disruptive tactics’ during the meeting of the Smithfield Branch held on 2 February 2015. Specifically, it is alleged that Mr Barcha wrongfully denied Mr Khoshaba taking Chair of the meeting and attempted to deny Mr Saliba and Mr Jekki the right to sign the branch book.

2. In response, Mr Barcha contends that he was acting on information from Party Office that Mr Khoshaba had transferred to the Wakely branch was no longer a member of the Smithfield branch. He denies that he tried to prevent Mr Saliba and Mr Jekki from signing the book.

3. The Tribunal finds that Mr Khoshaba was no longer a member of the Smithfield branch at the time of the meeting. Accordingly, it was not wrong for Mr Barcha to tell Mr Khoshaba that he was no longer President and therefore could not chair the meeting. Further, Mr Saliba and Mr Jekki’s signatures appear in the branch book. The Tribunal notes that Mr Saliba and Mr Jekki were among the first people to sign the book on this occasion. Accordingly, not only were they given the opportunity to sign the book, they did not even have to wait for others. Accordingly, the allegation that Mr Barcha attempted to deny them the opportunity to sign is not made out and in any case does not substantiate a charge of unworthy conduct.

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MEETING ON 2 MARCH 2015

1. Mr Alexander submits that Mr Barcha engaged in disruptive tactics and unworthy conduct as a result of a number of events which occurred at the Smithfield branch meeting on 2 March 2015. It is contended that an SMS sent as notice for the meeting on 27 February 2015 is an example of this. The SMS read:

“…If visitors like to attend the branch the chair has requested written notice with the name of the attendee and request for approval for the visitor to attend the branch meeting of function be sent to the chair or secretary..”

It is not in dispute that this text message was sent.

2. Mr Barcha submits that he sent the SMS because he was concerned about Party members who were not members of the Smithfield branch, attending with the intention of causing trouble.

3. The Tribunal finds that while the tone and content of the SMS may be contrary to the open and transparent running of a branch meeting it does not constitute unworthy conduct.

4. It is further alleged that there were heated conversations between Mr Alexander and Mr Barcha, Mr Saliba and Mr Barcha and Mr Jekki and Mr Barcha. In particular, it is alleged that Mr Barcha was intimidating and attempted to deny them the opportunity to sign the branch books.

5. The Tribunal regretfully concludes that these heated exchanges are a symptom of the disharmony within the branch. However, they do not constitute unworthy conduct within the meaning of the Rules.

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INTERNAL APPEALS TRIBUNAL DECISION 10 JUNE 2015

CHARGES AGAINST KIM SATTLER, NAOMI ARROWSMITH, RON WATT, ARTHUR RORRIS AND JOANNE KOWALCZYK BROUGHT BY MR REG JAGO Naomi Arrowsmith and Ron Watt

1. At the last meeting of the Internal Appeals Tribunal, the Tribunal decided to give Ms Naomi Arrowsmith and Mr Ron Watt 7 days to respond to the charge brought against them by Mr Reg Jago, or a decision would be entered into. The Secretary to the Tribunal posted a letter by express post to Ms Naomi Arrowsmith and Mr Ron Watt informing them of this decision on 28 May 2015. According to the tracking number barcodes attached to each letter, these letters were delivered to the respondents’ address on 1 June 2015. No responses were received by 10 June 2015 when the Tribunal met to consider these matters.

2. The allegations brought by Mr Jago against Ms Arrowsmith and Mr Watt are of the same nature to those brought against Mr Keane. Accordingly, the Tribunal has decided that both members are to be reprimanded for their actions. In addition, both members are to be reminded of their membership obligations under Rule A.7(a)(iii) of the NSW Labor Party Rules. Kim Sattler

3. Ms Kim Sattler responded to the charge brought against her in a letter to the Tribunal received on 23 May 2015. In that letter, Ms Sattler states a number of reasons for frustration with the NSW Labor Party. Although at no time does Ms Sattler expressly state that she wants to resign from the Labor Party, the letter is akin to a resignation letter. According to the charge letter submitted by Mr Reg Jago, Ms Sattler was the Campaign Director for Mr Rorris’ campaign and was the host of a campaign fundraiser. This is a far more serious level of involvement in Mr Rorris’ campaign than has been alleged against other individuals. Accordingly, Ms Sattler is to be suspended from the Labor Party until 31 October 2015, at which time she will have the option of renewing her membership if she wishes. Arthur Rorris and Joanne Kowalczyk

4. Mr Arthur Rorris and Ms Joanne Kowalczyk have resigned from the Labor Party prior to Mr Reg Jago lodging charges against them both. At the meeting of the Tribunal, a letter submitted on behalf of Reg Jago, requesting that both individuals be prohibited from re- joining the Labor Party, was considered. Given neither individuals are currently members of the Labor Party, the NSW Labor Rules do not impose any obligations upon them. The Tribunal orders that a note be made on the Party’s membership system indicating that if these individuals reapply to join the Labor Party, their membership application is to be referred to the Review Tribunal for consideration under Rules A.7(a) and (b).

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INTERNAL APPEALS TRIBUNAL DECISION 10 JUNE 2015

CHALLENGE TO THE SHELLHARBOUR DELEGATION TO THE GILMORE FEC BROUGHT BY MS STEFANIE KING

1. In a handwritten letter addressed to the General Secretary dated 31 May 2015, Ms Stefanie King submitted a challenge to the “number and composition” of the Shellharbour Branch delegation to the Gilmore Federal Electorate Council (‘FEC’) Annual General Meeting (‘AGM’). The 31st of May 2015 was the day of the AGM. Subsequently, in an email addressed to the General Secretary dated 3 June 2015, Ms King specified that her challenge to the voting list for the Gilmore FEC AGM was brought under Rule A.35 of the 2015 NSW Labor Party Rules.

2. In this email, Ms King states that her challenge was lodged prior to the ballot taking place. Specifically, Ms King indicated that she lodged her challenge at the first opportunity available to her given the Shellharbour Branch delegate return was not submitted until the day of the ballot. This was reiterated in Ms King’s verbal submissions during the hearing. If it is true that the delegate return was not made available to Ms King prior to the day of the ballot – and the Tribunal does not have any basis for thinking otherwise – then for the reasons that follow, that was a regrettable circumstance.

3. Rule A.35(a)(i) stipulates that a challenge to the voting list brought under Rule A.35 must be made by 5pm 2 working days before the ballot. In addition to this, Rule A.35(c) stipulates that there cannot be a protest or appeal by any member over a list of eligible branch or Electorate Council voters after voting has closed. The challenge to the voting list lodged on the 31 May 2015 and further particularised on 3 June 2015 does not comply with Rule A.35(a)(i).

4. Rule A.35(a) is drafted in mandatory terms. Specifically, this rule states that the sub sections that follow ‘must’ be complied with. Accordingly, the two working day time limit cannot be waived. In addition to this, the Tribunal is of the view that Rule A.35(b) prohibits the Tribunal from reformulating the challenge in order to allow the substance of it to be considered under another rule.

5. The challenge is therefore dismissed.

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INTERNAL APPEALS TRIBUNAL DECISION 17 JUNE 2015

CHARGE AGAINST GEORGE BARCHA BROUGHT BY NATHAN ALEXANDER

1. Mr Nathan Alexander has brought a number of charges against Mr George Barcha pursuant to Rule A.35 of the NSW Labor Party Rules. This decision concerns the charge relating to the renewal of the Party memberships of Mr Joseph Farrugia and Ms Lena Qutami Farrugia.

2. When the charges brought by Mr Alexander were first subject of hearing before the Tribunal on 19 May 2015, Mr Alexander put forward further Statutory Declaration material on the night of the hearing. That material, in the form of a further Statutory Declaration by Mrs Shafiqa Qutami, raised potentially serious allegations against Mr Barcha. The hearing of the allegations relating to the Membership Renewals of Joseph Farrugia and Lena Qutami was adjourned in order to allow Mr Barcha and his representative time to consider and respond to the further material.

3. The hearing resumed on 25 May 2015. Mr Alexander was granted permission to be represented by a solicitor, Mr Carlos Jaramillo. Mr Barcha was granted permission to be represented by Dr Hugh McDermott. As reformulated, the charge alleges that Mr Barcha has engaged in conduct involving bringing the Party into disrepute, action or conduct contrary to the principles and solidarity of the Party and/or disloyal or unworthy conduct.

4. The particulars of the charge, as set out in lengthy written submissions submitted by Mr Jaramillo, were (in summary) as follows:

(a) That Mr Barcha falsely declared to the Party that Mr Farrugia and Ms Qutami were aware their membership was being renewed and were willing to have their membership renewed;

(b) That, in making the Declaration, Mr Barcha falsely or fraudulently declared that Mr Farrugia and Ms Qutami had arranged for him to hand in a signed Membership Renewal for them and pay the correct membership fee; and

(c) That Mr Barcha had funded the membership for Mr Farrugia and Ms Qutami who were otherwise unwilling to pay their own subscriptions.

5. The background to the charge may be shortly stated. On 30 January 2015, Mr Barcha attended the Party office and submitted, on behalf of others, 57 Membership Renewal Forms. Included within the renewals were forms purporting to be completed and signed by Mr Farrugia and Ms Qutami. When submitting the Membership Renewals, Mr Barcha signed a document entitled “Declaration for the payment of Membership Renewals/Applications”. Relevantly to renewals, Mr Barcha declared:

… that all the members I am renewing (attached) are aware that their membership is being renewed by myself and are willing to have their membership renewed …

6. Mr Farrugia and Ms Qutami have both made Statutory Declarations which were before the Tribunal. Both indicate that in March 2015 they attempted to renew their Party membership and were informed that their memberships had already been renewed. Mr Farrugia and Ms Qutami later obtained the forms submitted by Mr Barcha and state that they did not complete or sign the forms, pay the Party membership or have any knowledge or give consent to anyone to renew their memberships.

7. The Tribunal has no reason not to accept the statements of Mr Farrugia and Ms Qutami. Mr Farrugia and Ms Qutami were not challenged in relation to their statements, notwithstanding that Ms Qutami was present at the Tribunal hearing. Furthermore, it seems reasonably clear that neither the handwriting nor the signatures appearing on the Renewal Forms bearing their names are those of Mr Farrugia or Ms Qutami, respectively.

8. The question then is how Mr Barcha came to submit to the Party Office Renewal Forms bearing the names of Mr Farrugia and Ms Qutami that they did not prepare, sign or consent to being submitted. The resolution of that question is far from straightforward. This is a case in which the Tribunal has been faced with starkly contrasting accounts of the facts, all put forward in the form of Statutory Declarations.

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9. Mr Alexander contends that the Tribunal should conclude that Mr Barcha completed and falsely signed the Membership Renewals, knew the Renewals were not signed by Mr Farrugia and Ms Qutami, falsely made the Declaration and used his own money, or money supplied by a third person, to pay the membership fee. Mr Alexander also proposed an alternative proposition, namely, that Mr Barcha received the Renewal Forms from a third person and submitted the forms knowing he had not received the forms from a dependent family member as required by Rule A.28(d).

10. Mr Barcha’s account, given in a Statutory Declaration, is that he attended the home of Ms Qutami’s mother, Mrs Shafiqa Qutami, on 29 January 2015 and was given the completed and signed Renewal Forms of Mr Farrugia and Ms Qutami and membership fees. In oral evidence, Mr Barcha told the Tribunal that, on 29 January 2015, he visited the homes of a number of Party members to collect Renewal Forms. Mr Barcha indicated that he had been told he was required to have the Membership Renewals submitted by the end of the month. Mr Barcha was unable to say who had asked him to attend Mrs Qutami’s home to collect Renewal Forms.

11. Mr Barcha’s account was initially supported by a Statutory Declaration made by Mrs Qutami on 15 May 2015 in which Mrs Qutami stated that she gave Mr Barcha signed Renewal Forms for her daughter and son-in-law. However, Mrs Qutami made two further Statutory Declarations in which she stated that the contents of the 15 May 2015 Statutory Declaration were false and that she had never before seen the Renewal Forms much less given them to Mr Barcha. Mrs Qutami gave the same evidence when she appeared before the Tribunal.

12. As we have said, the resolution of this factual dispute presents a significant challenge to the Tribunal. In approaching the task of fact finding, the Tribunal must take into account the seriousness of the charge, the consequences for Mr Barcha of the charge being established and the inherent unlikelihood of such conduct occurring. Whether by reason of the application of the principles discussed in Briginshaw v Briginshaw (1938) 60 CLR 336, or by reason of the application of common sense, these factors are clearly relevant to our decision.

13. Having regard to the whole of the evidence, the Tribunal is unable to accept the evidence of Mr Barcha that he obtained completed and signed Renewal Forms for Mr Farrugia and Ms Qutami from Mrs Qutami upon visiting her house. In making this finding, the Tribunal has had regard to the following matters:

(a) Firstly, Mrs Qutami denied having completed or prepared Renewal Forms in the names of her daughter and son-in-law. Whilst the Tribunal does not necessarily accept all of Mrs Qutami’s evidence given the changes in her statements between her three Statutory Declarations, Mrs Qutami was emphatic that she did not complete the Renewal Forms.

(b) Second, the Renewal Forms do not appear, on their face, to have been completed by Mrs Qutami. Mr Barcha’s account only makes sense if Mrs Qutami completed the Renewal Forms to give to Mr Barcha on 29 January 2015. Yet, the handwriting on the forms is not that of Mrs Qutami and it is inherently unlikely that Mrs Qutami completed the forms herself.

(d) Fourthly, Mr Barcha’s evidence was unsatisfactory or incomplete in a number of respects. Mr Barcha was unable to say who had asked him to collect Renewal Forms from Mrs Qutami, why he was involved in submitting those forms or whether he had collected other forms from Mrs Qutami. Whilst the Tribunal understands that memory is fallible, these events took place only a few months ago and it might be expected that Mr Barcha could recall at least some of these details.

14. If the Tribunal does not accept Mr Barcha’s account, Mr Alexander jumps immediately to the conclusion that Mr Barcha must have himself knowingly and deliberately falsified the Renewal Forms and paid the membership fees. The Tribunal is not, however, able to make such a finding on the material before it.

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15. The difficulty for the Tribunal is that there is no evidence to affirmatively establish that Mr Barcha prepared and falsely signed the Renewal Forms himself and used his own funds to pay the membership fees. To make such a finding on the material before the Tribunal would be to engageed in speculation. Given the seriousness of the allegation and the consequences for Mr Barcha, the Tribunal is not able to make such finding based on speculation. Furthermore, there simply does not seem to be any reason for Mr Barcha to take it upon himself to falsify membership Renewal Forms for Mr Farrugia and Ms Qutami. He had nothing to gain.

16. The Tribunal finds that, most likely, Mr Barcha received the completed Membership Renewal Forms for Mr Farrugia and Ms Qutami, perhaps with others, from a third person and submitted them together with membership fees to the Party office. Whilst the Tribunal is unable to find that Mr Barcha himself prepared and falsely signed the Renewal Forms, this nonetheless means he made the declaration without having good grounds to believe that Mr Farrugia and Ms Qutami were aware their membership was being renewed and without Mr Farrugia or Ms Qutami having arranged for him to submit the forms.

17. The charges as particularised allege Mr Barcha falsely or fraudulently made the declarations on 30 January 2015. The charges, as framed, cannot be sustained. However, the evidence has revealed what must be, at least, poor practice by Mr Barcha in submitting Membership Renewal Forms to the Party. Mr Barcha may have believed the Renewal Forms had been properly prepared. However, he appears to be willing to submit Renewal Forms and sign a declaration to the Party without having sufficient grounds to be confident that the individuals named had completed the forms and paid the membership fees themselves.

18. The integrity of the membership lists of the Party is of great importance. Conduct such as that engaged in by Mr Barcha has the potential to undermine the integrity of membership records even if undertaken in good faith. The conduct of Mr Barcha requires the imposition of some sanction by the Tribunal. Having considered the matter seriously and, having regard to the consequences for Mr Barcha, the Tribunal does not believe expulsion or suspension are warranted. The Tribunal has decided to formally reprimand Mr Barcha. Mr Barcha is warned that any further conduct of this nature by him will be treated very seriously by the Tribunal.

19. The Tribunal wishes to add some further comments in relation to this matter. Firstly, in the circumstances of this matter, both parties were granted leave to be presented by legal practitioners. The Tribunal does not consider this will be the usual course in Tribunal hearings. Whilst the Tribunal will, of course, consider any application by a party to be represented by a lawyer, parties appearing before the Tribunal should not expect that leave will be granted in all cases.

20. Secondly, Mr Alexander has brought a series of charges against Mr Barcha in recent months. Many of the charges turned out to be ill-founded or were not pursued. The Tribunal was left with the impression that while Mr Alexander had grounds for being concerned about what, on one view, appeared to be irregularities in the conduct of the affairs of the Smithfield branch, he was all too willing to allege, without a sufficient basis, some fraudulent or other nefarious design on Mr Barcha’s part. In particular, Mr Alexander was quick to suggest that almost every piece of evidence adduced in Mr Barcha’s case was obtained by fraud or coercion, often in circumstances where there was not the slightest hint of such misconduct in the material before the Tribunal. The bringing of a charge against a Party member is a serious matter and should only be contemplated for a proper purpose. A Party member should only bring a charge if they believe on good grounds that the charge can be proven and warrants sanction by the Tribunal.

21. Thirdly, the later two Statutory Declarations of Mrs Qutami raised allegations that Mr Barcha and his sister, Ms Lillian Barcha, had pressured Mrs Qutami to make her earlier and false Statutory Declaration ated 15 May 2015. That conduct was not, of itself, subject of any charge before the Tribunal. In those circumstances, it is unnecessary for the Tribunal to make any finding about that matter and, indeed, it would be inappropriate to do so.

22. For these reasons, Mr Barcha is formally reprimanded for his conduct and warned that any repetition will be viewed very seriously by the Tribunal. The Tribunal also recommends that Mr Barcha acquaint himself with the precise wording of Rule A.26(d).

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CHALLENGE TO THE LIST OF ELIGIBLE VOTERS AT THE 2015 GOSFORD SEC AGM DECISION OF THE MEETING HELD ON TUESDAY 14 JULY 2015 21 JULY 2015

1. A meeting of the Internal Appeals Tribunal held on 14 July 2015 considered challenges to the list of eligible voters for the 2015 Gosford SEC AGM brought by Ms Belinda Neal and Mrs Genny Murphy.

2. The following matters were in issue:

1. The validity of the Woy Woy Branch AGM;

2. Whether the Brooklyn Mooney Mooney Branch was defunct; and

3. The correct number of delegates from Gosford, Woy Woy, Peninsula Day, Mangrove Mountain, Kariong and Brooklyn Mooney Mooney (if applicable) Branches eligible to vote in the Gosford SEC AGM.

3. Ms Neal submitted that the challenge to the validity to the Woy Woy Branch AGM should not be heard because it had not been brought within 7 days of the AGM in accordance with Rule A.36(a). The Tribunal agreed with this submission and the validity of the Woy Woy Branch AGM was not considered.

4. After reviewing the Brooklyn Mooney Mooney Branch attendance book the Tribunal found that the branch was defunct and was not entitled to any delegates to the 2015 Gosford SEC AGM.

5. Further, after conducting a review of the branch minute and attendance books, the correct number of delegates to the Gosford SEC AGM is displayed in the third column of the table below.

Branch Registered Branch Delegates to the Number of Difference Membership as at Gosford SEC as delegates on the 31st December 2014 decided by the IAT original voting list Gosford 14 2 3 -1 Woy Woy 60 6 6 0 Peninsula Day 41 4 5 -1 Branch Mangrove Mountain 17 3 3 0 Kariong 18 3 3 0 Brooklyn 0 0 0 0 Mooney Mooney

6. Accordingly, the Tribunal orders that the existing challenged votes be referred to the General Returning Officer to determine with the respective branches which delegate voting envelopes should be withdrawn so a count can progress.

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FIONA PHILLIPS V JENNIFER CLAPHAM 2015 GILMORE FEC AGM 22 SEPTEMBER 2015

1. In a letter addressed to the General Secretary dated 21 June 2015, Ms Phillips lodged a challenge to the conduct of the ballot at the 2015 Gilmore FEC AGM. Primarily, she sought to challenge the conduct of the Returning Officer, Ms Jennifer Clapham. Specifically, Ms Clapham’s decision to nominate for a position in a ballot she was conducting and her decision to accept an incomplete delegate return from Shellharbour Branch was in dispute.

2. The Tribunal is of the view that Ms Phillip’s challenge brought under Rule A.36, does not allow for a determination as to whether the Shellharbour delegate return should have been received and as a consequence, whether those votes should have been counted. This is because under Rule A.36, only a challenge to the conduct of the ballot may be brought, rather than a challenge to the list of eligible voters. The Tribunal is of the view that ‘the conduct of the ballot’ does not include a challenge to the list of eligible voters. The existence of Rule A.35, under which a challenge to the list of eligible voters may be brought, supports this interpretation. If it was intended that a challenge to the list of eligible voters is included in the meaning of ‘the conduct of the ballot’ as Ms Phillips contended, Rule A.35 would have no purpose and would be rendered obsolete.

3. For this reason, the Tribunal does not think the challenge to Ms Clapham’s decision to accept the Shellharbour delegate return is competent and therefore cannot be heard.

4. Despite this, Ms Phillip’s challenge also includes an alleged breach of Rule G.5(b). This Rule prohibits a returning officer from nominating for a position in which they are acting as the returning officer. At the hearing, Ms Clapham gave evidence that she did in fact accept her own nomination form for returning officer, but that the ballot for her position was conducted by the Party officials present at the meeting. Accordingly, even though Ms Clapham accepted her own nomination, she did not conduct the ballot for her own position, and she has not breached Rule G.5(b).

5. Accordingly, the challenge is dismissed as no breach of the rules has been found.

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GILMORE PRESELECTION CHALLENGES TO LIST OF ELIGIBLE VOTERS REASONS FOR DECISION 30 NOVEMBER 2015

CHALLENGE FROM FIONA PHILLIPS TO THE LIST OF ELIGIBLE VOTERS Challenge to include Col Handel to the list of eligible voters This challenge was dismissed as the member has had two lapses of continuity in the past 10 years.

Challenge to include Gillian Boyd to the list of eligible voters This challenge was upheld as the member’s involvement in the ACT Branch of the Party ensures she has 10 years of continuous financial membership.

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LINDSAY PRESELECTION CHALLENGES TO LIST OF ELIGIBLE VOTERS REASONS FOR DECISION 30 NOVEMBER 2015

CHALLENGE FROM PRUE CAR TO THE LIST OF ELIGIBLE VOTERS Challenge to include Bengt Fredriksson to the list of eligible voters This challenge was dismissed as the member’s attendances at the St Clair Colyton Branch could not be counted due to the Branch being defunct.

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ROBERTSON PRESELECTION CHALLENGES TO LIST OF ELIGIBLE VOTERS REASONS FOR DECISION 30 NOVEMBER 2015

CHALLENGE FROM JOHN DELLA BOSCA TO THE LIST OF ELIGIBLE VOTERS Challenge to include Wendy Ballew This challenge was upheld on the basis that NSW Labor Office records indicate Ms Ballew paid for her 2014 membership. NSW Labor Returning Officer, Edward McDougall, confirmed Ms Ballew satisfied the attendance requirements.

Challenge to include Mark Ellis This challenge was upheld on the basis that his application for membership was referred to the NSW Labor Membership Sub-Committee. The Sub-Committee approved his membership and ruled that his membership take effect from the day his application form was received by the NSW Labor Office.

Challenge to include Norman Austen This challenge was upheld on the basis he satisfied the attendance requirements.

Challenge to include Trevor Williams This challenge was upheld on the basis he was granted continuity and is eligible under Rule N.21(f) – “the 10 year rule.”

Challenge to include Jean Sercombe This challenge was dismissed on the basis that she did not satisfy the attendance requirements.

Challenge to include Rae Sercombe This challenge was dismissed on the basis that she did not satisfy the attendance requirements.

Challenge to Singe Eklund This challenge was dismissed on the basis that she did not satisfy the attendance requirements.

Challenge to include Bill Gollop This challenge was dismissed on the basis that he did not satisfy the attendance requirements.

Challenge to remove Pat Woolley This challenge was dismissed on the basis that, based on the evidence before the Tribunal, it cannot rule that she does not live at her enrolled address.

Challenge to remove Rodney Long This challenge was upheld based on a previous decision of the Tribunal. The Tribunal notes this previous decision is currently before the Review Tribunal.

Challenge to remove Felicity Brownrigg This challenge was upheld based on a previous decision of the Tribunal. The Tribunal notes this previous decision is currently before the Review Tribunal.

Challenge to remove Robert Brownrigg This challenge was upheld based on a previous decision of the Tribunal. The Tribunal notes this previous decision is currently before the Review Tribunal.

Challenge to remove Vera Hunter This challenge was upheld based on a previous decision of the Tribunal.

Challenge to remove Frank Druery This challenge was upheld based on advice received from the NSW Labor Office by the member’s wife that he is not in a position to vote.

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Challenge to remove Dennis Smith This challenge was upheld based – the member has advised the NSW Labor Office he does not live in Robertson.

Challenge to remove Adam Taylor This challenge was upheld on the basis that the member did not satisfy the attendance requirements.

Challenge to remove Andrew Wilson This challenge was upheld on the basis that the member did not receive continuity and was therefore ineligible under the 10 year rule.

Challenge to remove Christine O’Donnell This challenge was dismissed on the basis that the member satisfied the attendance requirements.

Challenge to remove John McCosker This challenge was upheld on the basis that the meeting’s attendances at the Kincumber Branch were not valid as he lives in the Gosford SEC.

Challenge to remove Patrick Norman This challenge was dismissed on the basis that, on the evidence before the Tribunal, it cannot rule that he does not live at his enrolled address. He has also satisfied the attendance requirements.

Challenge to remove Anna-Maria Wade This challenge was dismissed on the basis that she has satisfied the attendance requirements.

Challenge to remove Arthur McGinley This challenge was upheld on the basis that he is not a 10 year member and has not satisfied the attendance requirements.

Challenge to remove Jacqui Spring This challenge was upheld on the basis that she is not enrolled in the electorate of Robertson.

Challenge to remove Jack Lloyd A decision on this challenge will be made pending confirmation about the member’s financial status while living in Queensland. The NSW Labor Office is to contact the Queensland Branch on 1 December 2015 and advise the parties.

Challenge to remove Patricia Lindsay This challenge is dismissed on the basis that the member satisfied the attendance requirements prior to moving into a nursing home.

CHALLENGE FROM EMMA MURPHY TO THE LIST OF ELIGIBLE VOTERS Challenge to remove Moses Tamaniceva This challenge was upheld on the basis that the Tribunal’s interpretation of the Party’s rules is that a member must be correctly enrolled to vote with the Australian Electoral Commission.

Challenge to remove Sisilia Tamaniceva This challenge was upheld on the basis that the Tribunal’s interpretation of the Party’s rules is that a member must be correctly enrolled to vote with the Australian Electoral Commission.

Challenge to remove Peter Mihailidis This challenge was upheld on the basis that the Tribunal’s interpretation of the Party’s rules is that a member must be correctly enrolled to vote with the Australian Electoral Commission.

Challenge to remove Mary Gooley This challenge was dismissed on the basis that the member was granted continuity and is eligible under the 10 year rule.

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Challenge to remove Donna Judd This challenge is upheld on the basis that the member has previously been denied continuity. The Tribunal notes this decision is currently before the Review Tribunal on appeal.

Challenge to remove Lionel Broadbere This challenge is upheld on the basis that the member was denied continuity.

Challenge to remove Bill Sotiriadis This challenge is dismissed on the basis that the member has satisfied the attendance requirements.

Challenge to remove Fortune Sotiriadis This challenge is dismissed on the basis that the member has satisfied the attendance requirements.

Challenge to remove Jane Watchorn This challenge is dismissed on the basis that the member has satisfied the attendance requirements.

Challenge to remove Brad Ernst This challenge is dismissed on the basis that the member has satisfied the attendance requirements.

Challenge to remove Joan McLellan This challenge is dismissed on the basis that the member has satisfied the attendance requirements.

Challenge to remove James Savelberg This challenge is dismissed on the basis that the member has satisfied the attendance requirements.

Challenge to remove Patrizia Morgan This challenge is dismissed on the basis that the member has satisfied the attendance requirements.

Challenge to remove David Morgan This challenge is dismissed on the basis that the member has satisfied the attendance requirements.

Challenge to remove Myrna Butt This challenge is dismissed on the basis that the member has satisfied the attendance requirements.

Challenge to remove Michael Peatling This challenge is dismissed on the basis that the member has satisfied the attendance requirements.

Challenge to remove Mark Ellis This challenge is dismissed on the basis that the member has satisfied the attendance requirements.

Challenge to remove Luke Simpson This challenge is dismissed on the basis that the member has satisfied the attendance requirements.

Challenge to remove William McLellan This challenge is dismissed on the basis that the member has satisfied the attendance requirements.

Challenge to include David Simpson This challenge was upheld on the basis that the member is eligible under the 10 year rule.

Challenge to include Peter Duggan This challenge was dismissed on the basis that the Tribunal was advised he had not satisfied the attendance requirements.

Challenge to include Lorraine Parks This challenge was upheld on the basis that the member satisfied the attendance requirements.

Challenge to include Nathan Falzon This challenge was dismissed on the basis the member did not satisfy the attendance requirements.

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CHALLENGE FROM GENNY MURPHY TO THE LIST OF ELIGIBLE VOTERS Challenge to include Colin Mellor to the list of eligible voters It was noted that the member was already on the list of eligible voters.

REFERRALS FROM CREDENTIALING Eligibility of Tricia Velji Tricia Velji was removed from the list of eligible voters as she does not have 10 years continuous financial membership. The Tribunal understands that a Review Tribunal Hearing date has been set aside for Monday 7 December at 6:30pm to hear appeals to these decisions.

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REQUESTS FOR CONTINUITY CONSIDERED BY INTERNAL APPEALS TRIBUNAL

Name Branch Joined Period sought Reason applied Supported by Decision Reason Meeting

Craig Ashby Broken Hill 2010 2013-2014 - 1 year 2 months 17 days Thought he had automatic deduction Joe Hillard Granted Due to brief period 28 August 2014 of continuity requested Marianna Bayatrah Kariong 2004 2013 - 1 year Husband’s illness John Della Bosca Granted Due to reason provided 28 August 2014 Tarek Bayatrah Kariong 1997 2013 - 1 year Illness John Della Bosca Granted Due to reason provided 28 August 2014 Howard Bell Ourimbah Narara Valley 1992 2010-2013 - 3 years 1 month 5 days Financial difficulties and divorce Denied Due to length of 28 August 2014 membership lapse Cherie Burton Kingsgrove 1990 2014 - 2 months 26 days Thought she had automatic deduction Chris Minns Granted Due to brief period of 28 August 2014 continuity requested Christiarne Carroll Dapto 2012 2013-2014 - 1 year 4 months Could not afford Stephen Jones MP Denied Due to brief period of 28 August 2014 prior membership Gordon Colquhoun Austral Bringelly Cecil Hills 1987 2008 - 28 days Form not received by Head Office Paul Lynch MP Granted Due to reason provided 28 August 2014 Glenda Gartrell Willoughby Castlecrag 2000 2014 - 3 months 5 days Administrative error John Graham Granted Due to reason provided 28 August 2014 Sam Gear Park Hill Granville East 2001 2014 - 2 months 4 days Marriage pressures, looking for a house Clr Glen Elmore Granted Due to reason provided 28 August 2014 Bradley Gibson Kiama 2011 2014 - 3 months 16 days Overseas at time of renewal Lee Lawler Granted Due to reason provided. 28 August 2014 However, the Tribunal notes that in the future, arrangements should be made to renew membership while overseas Gerard Gilchrist Ermington 2003 2014 - 1 month 15 days Administrative error. Illness of father Elizabeth Scully Granted Due to reason provided 28 August 2014 Terence Hannan Parramatta 1976 2010-2014 - 4 years 1 month 20 days Resigned - dissatisfied with ALP Clr Pierre Esber Denied Due to resignation 28 August 2014 from the Party Amy Joyce Dapto 2012 2013-2014 - 1 year 29 days Could not afford Stephen Jones MP Denied Due to brief period of 28 August 2014 prior membership Apostulus Koutoulas Ramsgate Sans Souci 1997 2014 - 17 days Thought he had automatic deduction Angela Koutoulas Granted Due to brief period of 28 August 2014 continuity requested Christina Koutoulas Ramsgate Sans Souci 1997 2014 - 17 days Thought she had automatic deduction Angela Koutoulas Granted Due to brief period of 28 August 2014 continuity requested Mathew Lelli Warilla Mt Warrigal 2012 2013-2014 - 1 year 29 days Could not afford Stephen Jones MP Denied Due to brief period of 28 August 2014 prior membership James Lowe Mayfield 2010 2011 - 1 month 18 days Form not processed by Head Office Declan Clausen Granted Due to reason provided 28 August 2014 Matilda Marcus Homedale 2012 2013-2014 - 1 year 3 months 21 days Husband passed away Chris Minns Granted Due to reason provided 28 August 2014 Shayne Phillips Guildford 2006 2013-2014 - 1 year 29 days Illness - long stays at Clr Glen Elmore Granted Due to reason provided 28 August 2014 Westmead Hospital Pande Popovski Port Kembla 2012 2013-2014 - 1 year 29 days Could not afford Stephen Jones MP Denied Due to brief period of 28 August 2014 prior membership

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Sagar Raniga Kariong 2004 2013 - 9 months 10 days Overseas for work John Della Bosca Granted Due to reason provided. 28 August 2014 However, the Tribunal notes that in the future, arrangements should be made to renew membership while overseas Jenelle Rimmer Mount Kembla Unanderra 2010 2011 - 5 months 26 days Oversight Ryan Park MP Granted Due to brief period of 28 August 2014 continuity requested Abdul Sawan Port Kembla 2012 2013-2014 - 1 year 4 months Could not afford Stephen Jones MP Denied Due to brief period of 28 August 2014 prior membership Thamir Shamaon Fairfield 2012 2013-2014 - 1 year 3 months 7 days Received too many emails from Party Denied Due to brief period of 28 August 2014 prior membership Moninderjit Singh Quakers Hill & District 2005 2011-2012 - 1 year 8 months 12 days Believed he had three year renewal Michelle Rowland MP Granted Due to reason provided 28 August 2014 Joan Stilton Richmond Windsor 1975 2014 - 23 days Illness Granted Due to reason provided 28 August 2014 Kate Washington Tomaree Peninsula 2010 2013 - 11 months 14 days Credit card details changed Granted Due to reason provided 28 August 2014 Judith Whitehead The Trevor Davies Branch 2012 2014 - 27 days Oversight Granted Due to brief period of 28 August 2014 continuity requested Alan Wright Kings Cross 1975 2014 - 22 days Illness Granted Due to brief period of 28 August 2014 continuity requested Hanna Yacoub Lidcombe United 2001 2014 - 1 month 2 days Overseas at time of renewal Clr George Campbell Granted Due to brief period of 28 August 2014 continuity requested Laze Brook Dapto 2014 2013-15 - 1 year 2 months 26 days Resignation from Party Susan Greenhalgh - Denied Due to resignation from 29 November 2014 (previously 2006) Dapto Branch Secretary the Party Oscar Cordoba Mount Keira 2012 2014 - 5 months 29 days Forgot to renew Noreen Hay MP Granted Due to brief period of 29 November 2014 continuity requested George Gatanas Mount Kembla Unanderra 1997 2007 - 6 months 30 days Oversight Susan Greenhalgh - Granted Due to brief period of 29 November 2014 Dapto Branch Secretary continuity requested Jason Hellyer Mount Keira 2012 2014 - 5 months 29 days Forgot to renew Noreen Hay MP Granted Due to brief period of 29 November 2014 continuity requested Helen Ktenas Mount Keira 2012 2014 - 5 months 29 days Forgot to renew Noreen Hay MP Granted Due to brief period of 29 November 2014 continuity requested Carol Martin Wollongong 1984 2013 - 7 months Error with automatic renewal Noreen Hay MP Granted Due to reason provided 29 November 2014 Toni Robinson Mount Keira 2012 2014 - 1 year 5 months 29 days Forgot to renew Noreen Hay MP Granted Due to brief period of 29 November 2014 continuity requested Rifat Tascioglu Mount Keira 2012 2014 - 1 year 5 months 29 days Forgot to renew Noreen Hay MP Granted Due to brief period of 29 November 2014 continuity requested Waine Young Mount Keira 2012 2014 - 1 year 5 months 29 days Forgot to renew Noreen Hay MP Granted Due to brief period of 29 November 2014 continuity requested Kenneth Dalton Berkely 1985 2012-2014 - 2 years 5 months 29 days Wife passed away Noreen Hay MP Granted Due to reason provided 29 November 2014 Jim Metcher Clarement Meadows 1990 2015 - 2 days 9 months Membership renewal overlooked Granted Due to brief period of 10 June 2015 continuity requested Patrick Massarani Mortlake Cabarita 2007 2015 - 1 year 1 month 12 days Change in debit card Rose Johnson Denied Due to length of 10 June 2015 details/mailing adress membership lapse

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Dominic Triulcio Five Dock 2014 2015 - 1 month 7 days Oversight- busy on Election Granted Due to brief period of 10 June 2015 continuity requested Frances Triulcio Five Dock 2014 2015 - 1 month 7 days Oversight Granted Due to brief period of 10 June 2015 continuity requested Marc Triulcio Five Dock 2014 2015 - 1 month 7 days Oversight Granted Due to brief period of 10 June 2015 continuity requested Rebecca Mifsud Wakeley 1998 2015 - 2 months 3 days credit card and oversight Granted Due to brief period of 10 June 2015 continuity requested Vanessa Seagrove Parramatta 2012 2015 - 1 year 2 months 5 days Travel overseas, parental leave Granted Due to reason provided. 10 June 2015 and work commitments However, the Tribunal notes that in the future, arrangements should be made to renew membership while overseas Ross Triulcio Five Dock 2014 2015 - 1 month 7 days Oversight Granted Due to brief period of 10 June 2015 continuity requested Lynda Triulcio Five Dock 2014 2015 - 1 month 7 days Oversight Granted Due to brief period of 10 June 2015 continuity requested Alana Triulcio Five Dock 2014 2015 - 1 month 7 days Oversight Granted Due to brief period of 10 June 2015 continuity requested Sharen Ahmad The Warren 2000 1 month 22 days Lost renewal Granted Due to brief period of 17 September 2015 continuity requested Hayat Ahmad The Warren 1991 1 month 22 days Away Granted Due to brief period of 17 September 2015 continuity requested Haidar Ahmad The Warren 1991 1 month 22 days Away Granted Due to brief period of 17 September 2015 continuity requested Mariam Ahmad The Warren 2008 1 month 22 days Forgot to renew Granted Due to brief period of 17 September 2015 continuity requested Manel Ahmad The Warren 2008 1 month 22 days NIL Granted Due to brief period of 17 September 2015 continuity requested Ayman Alhaboub Liverpool 2008 1 month 14 days Oversight Paul Lynch MP Granted Due to brief period of 17 September 2015 continuity requested Belal Allam The Warren 2001 1 month 22 days Forgot to renew Granted Due to brief period of 17 September 2015 continuity requested Ali Allam The Warren 2002 1 month 22 days Forgot to renew Granted Due to brief period of 17 September 2015 continuity requested Chris Andonenas The Warren 2012 2 months 2 days Forgot to renew Granted Due to brief period of 17 September 2015 continuity requested Owen Bailey-McKay Bailey-McKay 2012 1 month 20 days Fiancial circumstances Granted Due to brief period of 17 September 2015 continuity requested Owen Bailey-McKay Bailey-McKay 2012 2 months 4 days Financial Difficulty Granted Due to brief period of 17 September 2015 continuity requested Lois Bennett Ashfield 2014 4 months 4 days Illness Granted Due to reason provided 17 September 2015

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Sean Bian Concord Concord West Rhodes 2014 1 month 6 days Illness Granted Due to reason provided 17 September 2015 Grace Bian Concord Concord West Rhodes 2012 1 month 6 days Family difficulties Granted Due to reason provided 17 September 2015 Anna Bligh Bondi - Bondi Beach 1983 9 months 16 days Interstate transfer Granted Due to reason provided 17 September 2015 Tom Blinksell Bondi - Bondi Beach 2014 2 days Forgot to renew Granted Due to brief period of 17 September 2015 continuity requested Winston Brass Granville Central 2011 8 days Illness Granted Due to reason provided 17 September 2015 Catherine Brewer Dapto 2001 14 Days Illness Granted Due to reason provided 17 September 2015 Julieanne Bright Maitland East 1998 3 years 10 months 8 days Was overseas Jenny Aitchison MP Denied Due to length of 17 September 2015 membership lapse Julieanne Bright Maitland East 1988 2 months 11 days Living abroad Denied 17 September 2015 Nathan Brown Wollongong 2010 1 year 11 months 3 days Living abroad Granted Due to reason provided. 17 September 2015 However, the Tribunal notes that in the future, arrangements should be made to renew membership while overseas Kim Bryant Dapto 2004 3 months 20 days Financial Difficulty Stephen Jones MP Granted Due to reason provided 17 September 2015 Russell Bryant Dapto 2006 3 months 20 days Financial Difficulty Stephen Jones MP Granted Due to reason provided 17 September 2015 Alan Bryant Dapto 2002 3 months 20 days Financial Difficulty Stephen Jones MP Granted Due to reason provided 17 September 2015 Sam Carabetta Concord Concord West Rhodes 2014 1 month 6 days Did not understand renewal system Granted Due to reason provided 17 September 2015 Alf Collins Dapto 1993 1 month 20 days Resigned (then withdrew resignation) Noreen Hay MP Granted Due to brief period of 17 September 2015 continuity requested Bruno D’Adam Concord Concord West Rhodes 2009 1 month 19 days Though he was on auto-renew Anthony D’Adam Granted Due to brief period of 17 September 2015 continuity requested Resmi Dema Wollongong 2012 1 year 1 month 20 days Forgot to renew Denied Due to brief period of 17 September 2015 prior membership Bernard Dewitt Dudley Redhead Kahibah 1969 1 month 8 days Missed Payment Granted Due to brief period of 17 September 2015 continuity requested Debra Dunning Valentine 2012 28 days Fax failed to send Stacey Pollock Granted Due to reason provided 17 September 2015 Ahmed El-Dehaibi Punchbowl 2004 1 month 11 days Forgot to renew Granted Due to brief period of 17 September 2015 continuity requested Mohammad Garjay Westmead 2012 8 days Lost renewal Granted Due to brief period of 17 September 2015 continuity requested Mary Gayner Lambton-NewLambton-Kotara 1979 29 days fee not processed Granted Due to reason provided 17 September 2015 Wei Geng Concord Concord West Rhodes 2012 1 month 7 days Illness Granted Due to reason provided 17 September 2015 John Gould Burwood 1969 1 month 22 days Fees not processed Granted Due to reason provided 17 September 2015 Mdad Hawke Lakemba 1996 17 years 4 month 18 days Forgot to renew Denied Due to length of 17 September 2015 membership lapse Lawrence Hogan NSW 1 month 12 days Confusion about renewal due date Granted Due to brief period of 17 September 2015 continuity requested Luke Holloway Dapto 1996 1 month 20 days Lapsed Noreen Hay MP Granted Due to brief period of 17 September 2015 continuity requested

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Jacob Idiculas Wakeley 2003 7 months Forgot to renew Chris Bowen MP Granted Due to brief period of 17 September 2015 continuity requested Paul James Campbelltown 1996 1 month 17 days Deployed Granted Due to reason provided 17 September 2015 James Jan Fairfield 2007 4 years 15 days Lost renewal Denied Due to length of 17 September 2015 membership lapse Kenneth Johnson NSWBranch2 1973 4 months 12 days Financial Difficulty Granted Due to reason provided 17 September 2015 Donna Judd Woy Woy 1992 5 years 5 months 29 days Exhaustion after 2007 election Belinda Neal Denied Due to length of 17 September 2015 membership lapse Con Kasmas Enmore 1995 2 months 2 days Illness Granted Due to reason provided 17 September 2015 Adma Lahoud The Warren 2001 2 months 4 days Forgot to renew Granted Due to brief period of 17 September 2015 continuity requested Maya Lahoud The Warren 2001 2 months 4 days Forgot to renew Granted Due to brief period of 17 September 2015 continuity requested Rizkalla Lahoud The Warren 2001 2 months 4 days Forgot to renew Granted Due to brief period of 17 September 2015 continuity requested Said Lahoud The Warren 2000 2 months 4 days Forgot to renew Granted Due to brief period of 17 September 2015 continuity requested Souad Lahoud The Warren 2000 2 months 4 days Forgot to renew Granted Due to brief period of 17 September 2015 continuity requested John Lyons 1952 7 days Unhappy with branch Joel Fitzgibbon MP Granted Due to brief period of 17 September 2015 continuity requested Samantha Marsh Georgetown Waratah 1998 10 Days Oversight Granted Due to brief period of 17 September 2015 continuity requested Yvonne McLean Dapto 2012 1 year 1 month 20 days Forgot to renew Denied Due to brief period of 17 September 2015 prior membership Michael McLean Dapto 2012 1 year 1 month 20 days Forgot to renew Denied Due to brief period of 17 September 2015 prior membership Janice Merriman Albion Park Oak Flats 1998 26 Days Financial Difficulty Stephen Jones MP Granted Due to brief period of 17 September 2015 continuity requested Hefz Mohamad The Warren 1997 1 month 22 days Oversight Granted Due to brief period of 17 September 2015 continuity requested Chaoukt Mohamad The Warren 1977 1 month 22 days Away Granted Due to brief period of 17 September 2015 continuity requested Anna Scott-Murphy Summer Hill 2005 29 days Forgot to renew Granted Due to brief period of 17 September 2015 continuity requested Steven Murphy Ourimbah Narara Valley 2010 1 month 26 days Personal Granted Due to brief period of 17 September 2015 continuity requested Helen Nezeritis Coogee 2000 9 days Forgot to renew Granted Due to brief period of 17 September 2015 continuity requested Antonia Paraschos The Warren 2012 2 months 4 days Forgot to renew Granted Due to brief period of 17 September 2015 continuity requested Isaac Peters Rooty Hill 1992 3 years 8 months 5days Personal Edmond Atalla MP Denied Insufficient Information 17 September 2015

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George Petrie Merrylands 1993 8 days Oversight Granted Due to brief period of 17 September 2015 continuity requested Shane Reece Bathurst 2011 2 months 4 days Thought membership was still valid Granted Due to brief period of 17 September 2015 continuity requested Lupco Ristov Dapto 2012 1 year 1 month 20 days Change of residence Noreen Hay MP Denied Due to brief period of 17 September 2015 prior membership Stan Rupnik Georgetown Waratah 2004 1 year 9 days Didn’t have CC Denied Insufficient Information 17 September 2015 Hussein Salem Dapto 2013 1 month 20 days Thought was financial Noreen Hay MP Denied Due to brief period of 17 September 2015 prior membership Hussein Salem Dapto 2012 1 year 1 month 3 days Change of residence Noreen Hay MP Denied Due to brief period of 17 September 2015 prior membership Maria Saroukos The Warren 1991 1 year 1 month 22 days Living abroad Granted Due to reason provided. 17 September 2015 However, the Tribunal notes that in the future, arrangements should be made to renew membership while overseas Steve Saroukos The Warren 1991 1 year 1 month 22 days Living abroad Granted Due to reason provided. 17 September 2015 However, the Tribunal notes that in the future, arrangements should be made to renew membership while overseas Abdul Sawan Port Kembla 2012 1 year 3 months 1 day Couldn’t afford membership Stephen Jones MP Denied Due to brief period of 17 September 2015 prior membership Judith Searle Shellharbour Barrack Heights 2007 2 months Financial Difficulty Stephen Jones MP Granted Due to brief period of 17 September 2015 continuity requested Prabhu Selvadoss Penrith 1999 3 months 27 days Disruption to Residency Granted Due to brief period of 17 September 2015 continuity requested Kadambari Sheoran Wentworthville 2010 1 months 11 days NIL Granted Due to brief period of 17 September 2015 continuity requested Clorine Stolk Dapto 2013 1 month 20 days Forgot to renew Noreen Hay MP Granted Due to brief period of 17 September 2015 continuity requested Peter Sulyan Concord Concord West Rhodes 2014 1 month 6 days Illness Granted Due to reason provided 17 September 2015 John Tambalas Wollongong 1997 1 month 20 days Oversight Noreen Hay MP Granted Due to brief period of 17 September 2015 continuity requested Ali Tekirdag Guildford 1990 8 days Oversight Granted Due to brief period of 17 September 2015 continuity requested Goce Todorovski Dapto 2012 1 month 20 days Forgot to renew Noreen Hay MP Granted Due to brief period of 17 September 2015 continuity requested Alexandra Tsirekas Five Dock 2011 29 days Oversight Granted Due to brief period of 17 September 2015 continuity requested Heleena Tsirekas Five Dock 2011 29 days Oversight Granted Due to brief period of 17 September 2015 continuity requested Kelevi Tuivanualevu Park Hill Granville East 2013 10 months 31 days Illness Granted Due to reason provided 17 September 2015

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Kirk Upton Newcastle City Day 2012 1 year 11 months 9 days Change of residence Denied Due to brief period of 17 September 2015 prior membership Barbara Vaughan Albion Park Oak Flats 2013 1 month 20 days Overlooked due to Noreen Hay MP Granted Due to reason provided 17 September 2015 husbands passing away Rashed Wannous The Warren 2003 3 months 14 days Forgot to renew Granted Due to brief period of 17 September 2015 continuity requested Amhmed Wannous The Warren 2003 3 months 14 days Forgot to renew Granted Due to brief period of 17 September 2015 continuity requested Wafa Wannous The Warren 2003 3 months 14 days Forgot to renew Granted Due to brief period of 17 September 2015 continuity requested Adel Wannous The Warren 2003 3 months 14 days Forgot to renew Granted Due to brief period of 17 September 2015 continuity requested Rafat Wannous The Warren 2003 3 months 14 days Forgot to renew Granted Due to brief period of 17 September 2015 continuity requested Jane Watchorn Woy Woy 2008 4 months 7 days Disruption to Residency Granted Due to brief period of 17 September 2015 continuity requested Wendy Wirth Enmore 2007 2 months 11 days Lost renewal Granted Due to brief period of 17 September 2015 continuity requested Haosheng Zhend Concord Concord West Rhodes 2012 1 year 1 month 7 days Oversight Denied Due to brief period of 17 September 2015 prior membership5 Milunka Zivadinovic Kingsgrove 2008 20 days Fees did not process online Granted Due to brief period of 17 September 2015 continuity requested Lionel Broadbere Woy Woy 2003 2012-2014 - 2 years 5 months 15 days Moved home after a messy divorce. Granted Due to reason provided 7 December 2015 Lost track of membership Mary Gooley Woy Woy 1998 2012-2014 - 1 year 10 months 10 days Issues dealing with desinstutionalisation Granted Due to reason provided 30 November 2015 of disabled daughter Emma Murphy Terrigal Wamberal Day 1994 2009-2012 - 3 years 13 days Moved house and had a baby Senator Deb O’Neill Granted Due to reason provided 7 December 2015 Katerina Bampos Arncliffe Wolli Creek 2011 2015 - 6 Months 6 Days Was Overseas Granted Due to brief period of 19 November 2015 continuity requested Peter Botsman Bomaderry North Nowra 1983 2009-2014 - 4 years 7 months 18 days There was no active branch in the area Rick Gainford, Denied Due to length of 19 November 2015 FEC Secretary membership lapse Gino Coiera Smithfield 1999 2012 - 6 months 23 days; 2015 - 2 months 15 days Change of address Chris Bowen MP Granted Due to brief period of 19 November 2015 continuity requested Russ Collison Emu Plains 1989 2011 - 21 Days; 2014 - 29 Days None Emma Husar, Granted Due to extensive history 19 November 2015 former Labor candidate of Party membership Aaron Duke Emu Plains 2008 2015 - 23 Days Credit Card Error Prue Car MP Granted Due to brief period of 19 November 2015 continuity requested Nadine Flood Bondi - Bondi Beach 2008 2014 - 3 months 25 days Didn’t update address or cc details Granted Due to brief period of 19 November 2015 continuity requested Mustafa Islamoglu Granville East 1994 2015 - 5 Months 17 days Overseas Julie Owens MP Granted Due to reason provided. 19 November 2015 However, the Tribunal notes that in the future, arrangements should be made to renew membership while overseas 116

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Lloyds Johnson Toongabbie 2003 2014 - 17 days Illness Robert Herlinger, Granted Due to reason provided 19 November 2015 Branch Secretary Sally McManus Dulwich Hill 1997 2014 - 2 months 26 days; 2015 - 2 months 12 days Credit Card Error Granted Due to brief period of 19 November 2015 continuity requested Felicity Orme Mortlake Cabarita 2012 2012 - 7 months Declined payment Jodi McKay MP Granted Due to brief period of 19 November 2015 continuity requested Philip Plimmer Emu Plains 1995 2015 - 2 Months Believed he was on auto renewal Granted Due to brief period of 19 November 2015 continuity requested Ruby Porter Raymond Terrace 2014 2015 - 5 months 28 Days Incorrect CC details Giacomo Arnott, Granted Due to brief period of 19 November 2015 FEC Secretary continuity requested Georgina Psillis Arncliffe Wolli Creek 2012 2013-2014 - 1 year 2 months 27 days Busy Denied Due to brief period of 19 November 2015 prior membership Aaron Roberts Bellbird 2004 2014 - 1 year Did not update address after moving Clr James Hawkins, Granted Due to reason provided 19 November 2015 Cessnock Council Nickolas Roberts Bellbird 2009 2014 - 1 year Did not update address after moving Clr James Hawkins, Granted Due to reason provided 19 November 2015 Cessnock Council Tony Sherbon Pyrmont Ultimo 1987 2006-2015 - 9 years 1 month 18 days Due to employment Denied Due to length of 19 November 2015 membership lapse Vincent Smith Warrila Mount Warrigal 2014 2015 - 6 Months 13 Das Ill health Stephen Jones MP Granted Due to reason provided 19 November 2015 Troy Souter Albion Park Oak Flats 2014 2015 - 6 months 27 Days Financial problems Stephen Jones MP Granted Due to reason provided 19 November 2015 Ray Travers Mortlake Cabarita 1998 2009 - 6 months 26 days Oversight Jodi McKay MP Granted Due to brief period of 19 November 2015 continuity requested Daniel Wallace Swansea 2005 2015 - 3 Months 10 days HO was unable to debit funds. Granted Due to reason provided 19 November 2015 Andrew Woodward Manly 1994 2012-2015 - 3 years 1 month 29 days Member cancelled membership Granted Due to extensive period of 19 November 2015 due to job Party membership and noting resignation was due to judicial appointment. Bruce Penton Woy Woy 1992 2013-2015 - 2 years 2 months 30 days Travelling Denied Due to length of 30 November 2015 membership lapse Meena Velji Gosford 1996 2015 - 1 month 22 days Didn’t realize 3 year member had expired Granted Due to brief period of 30 November 2015 continuity requested Harish Velji Gosford 1996 2015 - 1 months 22 days Didn’t realize 3 year member had expired Granted Due to brief period of 30 November 2015 continuity requested Trevor Williams Terrigal Wamberal Day 1994 2015 - 5 months 29 days Away during renewal period John Della Bosca Granted Due to reason provided. 30 November 2015 However, the Tribunal notes that in the future, arrangements should be made to renew membership while overseas Andrew Wilson Kincumber 1994 2009-2013 - 3 years 10 months 11 days Moved house and did not Senator Deb O’Neill Granted Due to extensive history of 7 December 2015 receive reneal notices Party membership

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RULES REPORT

OVERVIEW In 2015, the report into political donations by Dr Kerry Schott, John Watkins and Andrew Tink was handed down, recommending considerable administrative and governance changes to parties across the political spectrum. In response to this report, NSW Labor asked the independent non-voting members of the Administrative Committee, David Tierney and John Tarrant to review the governance of the Party, including the size, structure and composition of the Administrative Committee and Finance Committee. The Committee has sought to introduce changes to the Rules which implement the recommendations of the Tarrant and Tierney report, taking into account the recommendations of the Schott report and the Government’s intended legislation. NSW Labor has also undertaken a significant review of the internal operations of the Party Office, and has contracted Simone Farrar and John Whelan to provide recommendations to improve the Party Office. While those changes do not require significant rules changes at this Conference, NSW Labor is developing a Code of Conduct to include in the Party’s rules at a future Conference. The Rules Committee recommends that Conference instruct the Administrative Committee to develop and adopt a code of conduct [following the State Conference], and work towards enshrining this significant piece of work at the 2017 NSW State Conference. These are the most comprehensive governance measures in the history of Australian politics, and seek to build on the reforms introduced in 2013 to improve our Party structure and encourage transparency. In addition to the significant governance and administrative changes, it is the intention of the Rules Committee and the Party Officers to continue modernising and growing the Party to become a broad based organisation that is more policy focussed and responsive to the changing demands of the wider community. At the end of 2015, Jane Needham SC was commissioned to review the Party rules in relation to the culture of the party, the diversity of party membership and processes and procedures. Ms Needham’s report has recommended a number of significant Rules changes which are recommended by the Rules Committee in this report. The Rules Committee also recommends that the Administrative Committee create a body to oversee the implementation of the remaining recommendations, which do not relate to the Party rules. In response to changes to the National Constitution of the Party in July 2015, it is imperative that this Conference implements new and bold Affirmative Action targets for women and Indigenous Australians, as well as changes to the way our National Conference delegates are elected. These changes will seek to involve more Party members in decision making and ensure diversity in our Party. The future growth and successes of our Party depend on having a larger, more engaged membership for the future.

AFFIRMATIVE ACTION Women’s representation The 2015 National Labor Conference saw the introduction of Affirmative Action rules to increase the number of women in leadership roles in all sections of the Party. As such, it is our objective to have 50% women at all levels in the Party organisation, and in public office positions the Party holds. To achieve this, the Party adopted the affirmative action model below: Minimum percentage: In this clause, “minimum percentage” means 40%. From 2022 it means 45%; and from 2025 it means 50%. The National Rules provide guidelines on how to apply Affirmative Action when electing odd numbers. These new targets will apply to party positions, public office pre-selections and union delegations. NSW Labor has also expanded on the National Affirmative Action targets by applying Affirmative Action to delegates elected to electorate councils and to the State and Country Conferences. The Rules Committee has also recommended that Affirmative Action be applied to the executive of every electorate council. The Rules Committee have recommended removing the Affirmative Action exemption for incumbent male Councillors, given the need for more women in local Government.

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Indigenous representation At the 2015 National Labor Conference State Branches were asked to consult the Indigenous Labor Networks in development of affirmative action rules for the preselection of public office holders that require a minimum of relevant positions to be held by Aboriginals or Torres Strait Islanders. National Conference determined that the minimum level that can be set by such affirmative action rules is 5%. The Rules Committee has recommended that the Administrative Committee form a working group to initiate a consultation process with the NSW Indigenous Labor Network and other Indigenous party members to develop a package of rules reforms to achieve a binding target for Indigenous representation at the 2017 Conference.

ADMINISTRATIVE COMMITTEE A number of recommendations about the composition and size of the Administrative Committee have been put forward, following the review conducted by John Tarrant and David Tierney. These recommendations have been referred to the Conference for debate. Most of the proposals call for a reduction in the size of the Administrative Committee, and the Rules Committee did not reach consensus on this issue. It is intended however that the motion that will be submitted to the Conference, will seek to reduce the size of the Administrative Committee and that members of the Committee be provided with extensive training in their roles overseeing the administration of the Party.

FINANCE COMMITTEE The Finance Committee’s role will be strengthened and its name changed to the Finance and Compliance Committee. The Finance and Compliance Committee will consist of the General Secretary and the two Assistant General Secretaries, the three Trustees, three members elected by a three quarters majority vote of the Administrative Committee, the non-voting members of the Administrative Committee and the Party Treasurer who will chair the Committee. To be eligible to stand as a candidate for the Finance and Compliance Committee, a nominee must have professionally recognised financial, accounting, legal, regulatory or compliance qualifications as prescribed by the Administrative Committee, the Party’s non-voting members of the Administrative Committee, Auditor and any relevant legislation. Following the formation of each new Finance and Compliance Committee, all new members shall receive a formal induction and an external training program outlining their roles and responsibilities as members of the Committee.

DIRECT ELECTION OF NATIONAL CONFERENCE DELEGATES At the 2015 National Labor Conference, it was resolved that every Federal Electorate Council would elect one delegate to National Conference. This bold new initiative will see a postal ballot, where necessary, in every Federal Electorate across NSW. All Party members with twelve months of continuous membership may nominate for these positions. The Committee did not find consensus on whether Members of Parliament should be prohibited from nominating. However, the Committee urges the Administrative Committee, when developing guidelines for these ballots, to continue the practice of prohibiting the use of the resources of public office holders or trade unions. The remaining number of National Conference Delegates includes the Party Officers and those elected by the Affiliated Union delegates to the Conference.

IMPROVING TRANSPARENCY IN MEMBERSHIP NSW Labor develops several reports for the Administrative Committee, to report new members who join the Party and other details about those who have been members of other Parties. In addition to these monthly reports, NSW Labor will develop quarterly reports to the Administrative Committee on changes made to member records. These reports will include the number of changes made in relation to renewals, resignations, deceased members and number of changes to residential or postal addresses. This data shall be reported on the basis of State electorate. This will improve transparency and ensure the governing body of the Labor Party can monitor party members participation and highlight any areas for additional effort.

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BRANCH AND ELECTORATE COUNCIL AGMS In response to recommendations from the Internal Appeals Tribunal, the Committee has proposed rules changes in relation to Branch and Electorate Council Annual General Meetings. In recent years, a number of dispute and credentials challenges have arisen due to ambiguity in the rules around AGMs. The proposed rules are designed to address these ambiguities. This includes clearly stating that delegates may not vote in an Electorate Council AGM if their Branch’s return has not been submitted on or before 1 April, the abolition of capitation fees and an explicit requirement that a Branch’s AGM notice must state the number of delegates to be elected to Electorate Councils. It is important that the NSW Labor Office communicates these changes to Party Units prior to the next round of Annual General Meetings.

STRENGTHENING POLICY COMMITTEES The Policy Committees, re-established at the last Conference, have been working well, with a significant number of policies being submitted to the 2016 State Conference. The strengthening of the development of policy within the Party and within the State Parliamentary Labor Party (SPLP) is essential in the lead up to the next State election. Policy Committees will be required to appoint two party members who are “subject matter experts” to assist the committee with policy development. A “subject matter expert” is a person employed by a university, think tank or research organisation and/or is a person who has recognised expertise in a subject area relevant to the policy focus of the committee.

DIRECT ELECTIONS The direct election of the Leader of the State Parliamentary Labor Party and the Federal Parliamentary Leaders has provided a strong opportunity for rank-and-file Labor members to participate in state and nation wide ballots to select their Leader. There were some suggestions to extend these elections to positions elected by the Conference and while these suggestions have been carefully considered, consensus has not been reached. Forms of direct election that negate the role of the Conference as the supreme policy making and governing body of the Party in New South Wales have been considered very carefully and are not supported. A number of agenda items supported the direct election of electorate council delegates to Conference. make this more explicit.

COMMUNITY SELECTION BALLOTS A full review of the trial of community pre-selections was undertaken for the 2016 Conference, and will be discussed and debated by the delegates. As such, the Rules Committee recommends to leave the community pre-selections in place.

LOCAL GOVERNMENT COMMITTEES Currently Local Government Committees cannot submit motions to the State Conference. The Rules Committee proposes to allow LGC’s to submit motions for the Conference.

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PARTY UNIT RULES MOTIONS – 3. THE HILLS BRANCH 2016 CONFERENCE The Socialist Objective pledges the Labor Party to the democratic socialisation of industry, production, distribution and exchange to the extent necessary to BASIC PRINCIPLES OF THE AUSTRALIAN eliminate exploitation and other anti-social features in LABOR PARTY (NSW BRANCH) those fields and the pursuit of social justice and equality 1. EPPING BRANCH in all areas of human endeavour. This is not a quaint throwback to the Labor Party’s more radical past. That the Conference draws the attention to the 2014 Bowen resolution referring a rewording of the objective It remains the objective for the vast majority of party to the NSW Policy Forum, and the resolution of the members who support democratic socialism and have National Conference to refer the rewording to the National voted for democratic socialist candidates in every single Executive Committee. The Conference calls on the State example of mass party democracy. Its presence on Executive to facilitate a discussion across the membership our party cards as our politicians advocate neoliberal on the wording as an input to the national process. orthodoxies is a clear sign of something very wrong: a party that has lost its way. Recommendation: Refer to the review of the Party’s objective. It is important to modernise, but what we stand for as a party cannot be removed. We must amend our platform to 2. TUMBI UMBI BRANCH recognise our commitment to equality and freedom from discrimination for all. This must be in conjunction with our Conference strongly supports the retention of the Socialist commitment to socialism. Objective. We have nothing to apologise for in supporting a socialist The objective as it currently stands reads “The Australian society. A socialist society simply means a society where Labor Party is a democratic socialist party and has the all is held in common. Where all are equal. Where the objective of the democratic socialisation of industry, commanding heights of the economy are administered production, distribution and exchange, to the extent democratically under workers’ control. Where there are no necessary to eliminate exploitation and other anti-social divisions on the basis of class. Where power is shared by features in these fields.” all. This sentiment goes to the core of what it is to be “Labor” The British Labour Party under Jeremy Corbyn is now re- and whilst the wording may be considered by some to be committing itself to this core objective of our movement. outdated, it respects Labor history and reflects the core We should not destroy should retain it. We should beliefs that many Labor party rank and file members and implement it. supporters in the community hold dear. Conference supports the review into the Socialist We reject any moves to remove the Socialist Objective Objective with an intent to keep current language with from the Labor Constitution. amendments supporting equality from discrimination. Recommendation: Conference calls for the implementation of the Socialist Refer to the review of the Party’s objective. Objective by the next Labor government. Recommendation: Refer to the review of the Party’s objective.

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SECTION A decisions of the NSW Labor Party Officers at all times. Party Officers are personally liable for breaches of those duties. 4. RULES COMMITTEE A.11 NSW Labor Party Officers have a duty to report Insert new rule A.13 (c) - suspected breaches of State or Federal electoral funding Every third month, the Administrative Committee must be and disclosure legislation to the relevant authorities. provided with: A.12 NSW Labor is a legal entity for the purpose of (i) Number of renewals prosecution and the imposition of penalties under NSW electoral funding and disclosure legislation. (ii) Number of resignations A.13 The General Secretary shall be responsible for (iii) Number of deceased members submitting NSW Labor electoral funding disclosure (iv) Number of changes to residential addresses information and claims for payment of public funding. This responsibility cannot be delegated to another Party Officer (v) Number of changes to postal addresses or staff member. The information shall be reported on the basis of State Recommendation: electorate. Note. The Party should await any legislative change Recommendation: Adopt. in response to the Schott Report.

5. RULES COMMITTEE 8. KURRI KURRI BRANCH Insert new rule A.13 (d) The Conference urges the implementation of a cheaper Family Membership Category into the NSW Branch Every third month, a list of residential or postal addresses membership structure. that have more than 4 people using that address must be provided to the Administrative Committee. Rationale: Labor historically has been a family based organisation with many families being members for Move A.13 (c) to (e) generations. We believe a low fee Family Membership Recommendation: Adopt. Category be adopted, to lower the financial burden on families would encourage family participation. 6. UNITED VOICE Recommendation: Reject. Removal of ‘un-incorporated’ This proposal cannot be implemented under the Amend A.1 to read Election Funding, Expenditure and Disclosure Act 1981. A.1 The Australian Labor Party (NSW Branch) hereinafter termed “the Party” is a voluntary, not-for-profit association. 9. BULLI WOONONA HELENSBURGH Recommendation: BRANCH Note. The Party will remain an unincorporated entity, The Conference recommends that the NSW Branch subject to any legislative change in response to the rules be amended to require members whose financial Schott Report. The three non-voting members of the continuity has lapsed be notified that this has occurred Administrative Committee will be asked to consider immediately upon their next membership renewal. these requirements. Recommendation: Support in principle. The Party Office should develop this as an ongoing 7. AUSTRALIAN MANUFACTURING practice. WORKERS’ UNION Insert a new sub-heading under Section A following A.8 10. INDUSTRIAL STAFF UNION (General) and re-number accordingly Re-number existing A.29 as A29 (a) and Insert new A.29 Proper governance (b) and A.29 (c) as follows: A.9 NSW Labor shall have in existence at all times a (b) The Administrative Committee shall determine the series of formal governance standards and processes for procedures to apply in relation to the maintenance organisational accountability. These standards shall be of the Membership system. The Membership developed and regularly reviewed by the Administrative Services Unit procedures shall be documented Committee. and these procedures shall be endorsed by the Administrative Committee. Changes in relation to A.10 Common law fiduciary duties applicable to the agreed procedures shall be subject to approval by directors of unincorporated associations apply to the the Administrative Committee.

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(c) The Administrative Committee shall receive monthly substantiated, it shall have the power and authority to reports on changes made to member records. reinstate the membership of the suspended Member. These reports shall include the number of changes However if such allegations are substantiated in the made in relation to new members, renewals, view of the Administrative Committee, it shall terminate resignations, deceased members and changes to the Party Membership of the suspended Member and residential or postal addresses. This data shall be permanently expel such Member from the Party without reported on the basis of Federal electorate, State appeal. electorate and Branch. Recommendation: Recommendation: Note existing rule A.33(c) and the need for Refer to item 4. procedural fairness.

11. INDUSTRIAL STAFF UNION 14. KINGS CROSS BRANCH Renumber existing A.29 as A.29(a) and insert new A.29 (b) For the purpose of determining union affiliation numbers, as follows: unions should only be able to count members who have agreed to their membership being counted towards that The central roll shall record the date membership forms affiliation in an opt-in system. are received by Head Office and this shall be the same date as the date stamp on the hard copy form. Were the Recommendation: Reject. date received is unclear the application or renewal shall be invalid and the affected member will need to apply to have 15. INDUSTRIAL STAFF UNION their membership continuity restored. Insert new A.43 (l) In these Rules “membership form shall Recommendation: Support in principle. mean a membership application form or a membership This is currently the process followed by the NSW renewal form. Labor Membership Services Office. Recommendation: Reject.

12. AUBURN LIDCOMBE UNITED BRANCH 16. INDUSTRIAL STAFF UNION Improperly influencing the independent tribunals Move existing Schedules G H I and L To new Sections S T Amend Rule A.35 to insert a new sub rule (d) as follows: U and V respectively. Append existing content of Schedule K at the end of Section R. (d) Without limiting the generality of the term it is unworthy conduct for a member to seek to Delete existing A.43(g) and insert: improperly influence the decision making of a (i) The Schedules referred to in these Rules form part of member of the Independent Appeals Tribunal or these Rules. the Review Tribunal in any matter that is before the tribunal or is likely to come before the tribunal. (ii) The schedules may be amended or added to by resolution of the Administrative Committee. Proposed Recommendation: Adopt. variations or amendments to the schedules must be placed on notice at one meeting of the Administrative 13. MOSMAN BRANCH Committee for consideration at the following meeting. The Conference expresses its implacable abhorrence of Recommendation: the practice of Branch Stacking in any form within our The Needham Report has recommended rules Party. changes to implement a Code of Conduct for Party The Conference therefore resolves that any Party members. It is proposed that these rules changes be Member/s reasonably suspected by the General Secretary finalised for consideration at the 2017 Conference. to be involved in the practice of Branch Stacking for any purpose shall be immediately suspended by the General 17. INDUSTRIAL STAFF UNION Secretary from Party Membership upon any written and Insert new A.43 (l) In these rules unless specifically dealt substantiated report to the General Secretary to that with “Notice” shall mean seven ‘clear days’ notice in effect. The General Secretary shall promptly investigate writing. such report and report same to the Administrative Committee and the result/s of such investigation, within Recommendation: Adopt. 28 days of receipt of such report. If in the opinion of the Administrative Committee, such allegations are not

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SECTION B 21. RULES COMMITTEE Amend Rule B.17 to –

18. RULES COMMITTEE (a) The roles and powers of the Trustees are to: Amend Rule B.1 to – The Party will hold its Conference i. Hold property on behalf of the Party; annually and the date will be decided by the Administrative ii. Sign cheques and approve payments as Committee. outlined in Rule K.2(b); Recommendation: Adopt. iii. Assist the Finance and Compliance Committee with the conduct of their duties, as outlined in 19. RULES COMMITTEE Rule D.6; and Amend Rule. B.6 (vii) to - iv. Assist with the development of appropriate The remaining number of National Conference Delegates governance, management and approval of required elected by the Affiliated Union delegates to the payment policies. Annual Conference, following the automatic election of (b) Candidates for election to the position of Trustee the Party Officers as delegates and the delegation elected must have professionally recognised financial, by Federal Electorate Councils, who hold office for one accounting, legal, regulatory, compliance or National Conference. management qualifications as prescribed by the Administrative Committee, the Party’s non-voting Recommendation: Adopt. members of the Administrative Committee, Auditor 20. RULES COMMITTEE and any relevant legislation.; and Replace all references to “Finance Committee” with (c) Following their election, all new Trustees shall receive “Finance and Compliance Committee.” a formal induction and an external training outlining their roles and responsibilities. B. 16 The Finance and Compliance Committee is made Renumber subsequent rules accordingly. up of: Recommendation: Adopt. (i) The General Secretary and the two Assistant General Secretaries 22. RULES COMMITTEE (ii) The three Trustees Delete existing B.20(b) and replace with the following: (iii) 3 members elected by a three quarters majority (b) Each Policy Committee will consist of seventeen vote of the Administrative Committee. To be members including: eligible to stand as a candidate for the Finance and Compliance Committee, a nominee must have (i) A Chair; professionally recognised financial, accounting, legal, (ii) A Deputy Chair; regulatory or compliance qualifications as prescribed (iii) A Secretary; by the Administrative Committee, the Party’s non- (iv) One SPLP representative; voting members of the Administrative Committee, Auditor and any relevant legislation. (v) One FPLP representative; (iv) The non-voting members of the Administrative (vi) Two subject matter experts and; Committee (vii) Ten ordinary members. (v) A Treasurer who will chair the Finance and The Policy Committee shall be elected at every Compliance Committee to be appointed by the second Annual Conference, with the exception of: the Administrative Committee. The Treasurer will have Parliamentary representative, who shall be appointed by the right to attend and address the Administrative the respective Federal and State Parliamentary Caucuses; Committee and the subject matter experts who shall be elected by (vi) The Committee will hold office for two years the Administrative Committee at meeting within three months of the conclusion of the Annual Conference that (vii) Following the composition of each new Finance has elected the ordinary committee members. For the and Compliance Committee all new members shall purposes of this rule “ subject matter expert” shall mean receive a formal induction and an external training a party member, who is person employed by a university, program outlining their roles and responsibilities as think tank or research organisation and/or is a person who members of the Committee. has recognised expertise in a subject area relevant to the (viii) The roles and responsibilities of the Finance and policy focus of the committee. The subject matter experts Compliance Committee are outlined in section D.6. must be nominated by members of the relevant policy committee. Recommendation: Adopt. Recommendation: Adopt. 126

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23. RULES COMMITTEE 27. DOUBLE BAY BELLEVUE HILL BRANCH Amend B.24 (f) to - Conference calls for the addition to Section B.8 of the NSW Labor Rules, the Party Unit of a “Local Government Not less than the “minimum percentage” of a union’s Committee”. This will allow a Local Government delegation to Annual Conference must be women. Committee to propose changes to the Party Rules or Provided that if the level of male or female membership Platform, or ordinary policy motions, for consideration by of a union is less than the “minimum percentage”, the Annual Conference. minimum representation must be set at that level. Recommendation: Adopt. Background B.8 in the Rules states that the following Party Units may 24. BENNELONG FEC currently propose changes – That Conference amends the Party’s rules to ensure that (a) A Branch; an Annual State Conference is held every year, regardless (b) An Electorate Council; of Federal or State elections, on the June long weekend in the Sydney Town Hall. (c) A Regional Assembly; (d) An Affiliated Union; Recommendation: Refer to item 18. (e) The Federal Parliamentary Labor Party (f) The State Parliamentary Labor Party; 25. WARRINGAH FEC (g) The Women’s Forum; The NSW ALP Annual Conference should take place annually. (h) The Review Tribunal Recommendation: (i) The Internal Appeals Tribunal; Refer to item 18. (j) The Finance Committee; (k) The Rules Committee; 26. BENNELONG FEC (l) The NSW Policy Forum; Election by membership of President and Vice-Presidents of NSW Labor (m) The Platform Committee; That the following proposed Rules amendments be made (n) The Administrative Committee; at the NSW Annual Conference: (o) Country Labor Conference;

■ In Rule B.2 (ii), replace “the Party officers” with (p) Young Labor Council; “the General Secretary and two Assistant General (q) The Country Labor Committee; Secretaries” (r) A Young Labor Association; ■ In Rule B.6 (a), delete sub-rules (i), (ii) and (ii) and (s) NSW Young Labor Conference; renumber the remaining sub-rules accordingly. (t) Policy Committees; and ■ Add a new Rule M.10, as follows: (u) A Labor Action Committee (a) Ballots of all financial Party members with one year’s continuous membership at the calling of The rationale may originally have been, to limit it to nominations will be held to elect the following Party Units that sent delegates to Conference, plus Party Officers: internal committees. However, Regional Assemblies and YLAs have been included for a while and Labor Action (i) The President, who holds office for two Committees were added recently. Therefore, there is no years; reason why a Local Government Committee has less value (ii) The Senior Vice-President who holds than those other listed Party Units. office for two years; Recommendation: Support in principle (iii) Two Junior Vice-Presidents, who hold and insert new rule B.8(v) – “Local Government office for two years. Committee.” Of the President and Vice Presidents at least one should be a woman; (b) Elections under Rule M.10 (a) must be conducted under Schedule H Recommendation: Reject.

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28. UNITED VOICE (a) Candidates for election to the position of Trustee Amend B.16 Finance Committee to read by Annual Conference must have professionally recognised financial, accounting, legal, regulatory, Finance and Compliance Committee compliance or management qualifications B. 16 The Finance and Compliance Committee is made (b) Following the election of the Trustees by Annual up of: Conference all new Trustees shall receive a formal (ix) The General Secretary and the two Assistant induction and training program outlining their roles General Secretaries and responsibilities as Trustees of NSW Labor (x) The three Trustees Recommendation: Refer to item 20. (xi) 3 members elected by Annual Conference, at least one of whom must be a woman. To be 30. BENNELONG FEC eligible to stand as a candidate for the Finance and Compliance Committee elected by Annual Abolition of Dual Voting Conference a nominee must have professionally Delete rule B.21(b). recognised financial, accounting, legal, regulatory or Recommendation: Reject. compliance qualifications (xii) The Independent Directors of the Administrative 31. AUSTRALIAN MANUFACTURING Committee WORKERS’ UNION (xiii) A Treasurer who will chair the Finance and Improving Annual Conference Compliance Committee to be appointed by the That this Conference amend the NSW Labor rules Administrative Committee. The Treasurer will have regarding Annual Conference to reflect the following the right to attend and address the Administrative principles: Committee 1. That separate voting delegations to Annual (xiv) The Committee will hold office for two years Conference from the Policy Committees (Chair, (xv) Following the composition of each new Finance Deputy Chair and Secretary), the Party Officers, the and Compliance Committee all new members shall SPLP, the FPLP, the Women’s Forum and Country receive a formal induction and training program Labor Committee be abolished. Members should outlining their roles and responsibilities as members attend as non-voting delegates. of the Committee. 2. That the Committee will report on options for (xvi) The roles and responsibilities of the Finance and modernising and strengthening the relationship Compliance Committee are outlined in section D.6. between the Party and unions including: Recommendation: a. engaging affiliate unions in the development Refer to item 20. of policy, campaign strategy, community campaigning, and the selection of lower house 29. UNITED VOICE candidates for public office and; Insert new section ‘Trustees’ under Section B Annual b. options for trade unions to affiliate locally, Conference following section B.16 rather than directly to the Conference

Trustees 3. That all financial members of the Party (rather than only electorate council delegates) should make B.17 up the rank and file component for election of (a) The roles and powers of the Trustees are: conference delegates (i) hold property on behalf of The Party 4. That having abolished the FPLP and SPLP delegations to Conference, all elected (ii) sign cheques and approve payments, along representatives, including the leader and deputy with the General Secretary leader should attend the Party’s Conference, but (iii) assist the Finance and Compliance Committee without voting rights with the conduct of their duties (see outline in 5. Young Labor will continue to have a small delegation D.6) to the Party Conference. (iv) assist the Party Officers with the development of Recommendation: Reject. appropriate governance., management and approval of payment policies.

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32. MOSMAN BRANCH 3. All State/Territory Presidential Officers be directly The Conference resolves that the Rules of the New South elected by membership ballot, in accordance with Wales Branch of ALP should be amended as follows that: PR and AA rules, with a 50% weighting each for ALP members and eligible union members (as outlined in ■ As from 1 January 2017, all Officers of the Point 2). Party and Members of the NSW Administrative Committee be elected by all eligible-as-determined 4. The directly elected National Presidential Officers by the Administrative Committee, ALP Members be afforded a vote on the National Executive. in the State of New South Wales, in a ballot to Further, that all State/Territory Presidential Officers be conducted by either the Australian Electoral elected under Point 3 continue to have voting Commission or the (NSW) State Electoral rights on respective State/Territory Administrative Commission (SEC). Committees. 5. One (1) National Conference Delegate from each ■ The President, General Secretary and Assistant Secretaries elected in such Ballot shall be elected for Federal Electorate in Australia be directly elected by a period of three years and be subject to reelection membership ballot (as has just occurred in 4 NSW by Ballot as above. electorates). This would ensure that approximately 150 of the 400 or so delegates at each National ■ All other Officers and Administrative Committee Conference would be directly elected by local Party Members elected in such Ballot shall hold office for members in each electorate. three years but shall rotate every one and one half years. Recommendation: Reject.

■ However following the first Ballot only under this 34. LAMBTON NEW LAMBTON KOTARA amended Rule, one half of those Officers elected BRANCH shall hold office for three years and be then subject That the State Conference amends the party’s Rules and to reelection and the remainder for four and one Organising Principles to implement the following: half years and then be subject to reelection but for three years only. Such tenures would be by consent 1. Federal and State/Territory leaders to be elected on of individual Candidates in the first instance then by the basis of 100% direct membership ballot; means devised by the Returning Officer in the Ballot. 2. Labor candidates for the Senate and State Upper ■ Any vacancy in any Office, occurring for any reason Houses to be selected via direct election by more than six months prior to the expiry of the membership ballot, in accordance with existing rules tenure of such Office shall be filled by a Ballot for proportional representation (PR) and affirmative conducted as above. action (AA); Recommendation: Reject. 3. All National and State/Territory Presidential Officers be directly elected by membership ballot, in 33. BEROWRA FEC / PENNANT HILLS accordance with PR and AA rules, and that the BRANCH / BLAXLAND GLENBROOK National Presidential Officers be afforded a vote on BRANCH the National Executive. That the Conference amends the Party’s Rules and Recommendation: Reject. Organising Principles to implement the following: 1. Federal and State/Territory Parliamentary leaders 35. TUMBI UMBI BRANCH to be elected on the basis of 50% weighting Conference supports the election of the ALP General for the Caucus vote and 50% direct election by Secretary by a full ballot of NSW ALP Party Members. membership ballot (as occurred in 2013 with the One member equals one vote. This would be open to all Federal leadership). members who are financial members for 2 years, as per the 2 year rule currently in place for local rank and file pre- 2. ALP candidates for the Senate and State Upper selections. Houses to be selected via direct election by membership ballot, in accordance with existing rules Recommendation: Reject. for proportional representation (PR) and affirmative action (AA). Ballots to be conducted on the basis of 50% weighting for the ALP membership ballot, and 50% from a direct election by eligible members of affiliated unions (details to be discussed).

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36. KIAMA BRANCH *** Of the current working population around 13% (ABS Participation at NSW Conference should be constructed by: figures) are union members therefore 13% + 10% bonus = 23% - e.g; should the total number of Rank and File ■ Rank and File Delegates to NSW State Conferences Delegates be 250 then the Union Delegates would number should be determined by the number of delegates 58 (rounded up). allocated under NSW ALP Rule B.21.b & c. Recommendation: Reject. ■ NSW State Conference to include a component of directly elected Union Delegates elected by Rank 37. SAPPHIRE COAST BRANCH and File financial union members, ** of one year That participation at the NSW State Conference comprise: standing, from Affiliated Unions; the number of these delegates to be determined as a percentage of ■ rank and file delegates being determined by the union membership in the general working population number of delegates allocated under NSW ALP Rule as determined by the ABS and this percentage B21(b) and 21 (c); applied to the total number of Rank and File Party ■ The members of the NSW Administrative delegates allocated under Rule B.21.b & c. plus a Committee; 10% Bonus to more represent the general working population ***; this percentage to be adjusted each ■ The NSW Labor President year prior to Conference. ■ The Federal and NSW Parliamentary Upper and ■ Union delegates to Party Conferences to be elected Lower House Leaders or their Parliamentary through a ballot of those Rank and File union nominees, with NSW residential rules applying for members who chose to vote and conducted under nominees; the principle of proportional representation. ■ The NSW General Secretary and Assistant ■ Plus the members of the NSW Administrative Secretaries to be ex-officio, non-voting delegates. Committee. Recommendation: Reject. ■ Plus the NSW Labor President. 38. MILTON ULLADULLA BRANCH ■ Plus the Federal and NSW Parliamentary Upper and Lower House Leaders or their Parliamentary Conferences calls on:

nominees, with NSW residential rules applying for ■ The practice of factions, affiliates or interest groups nominees. binding parliamentarians in Caucus votes or ballots to be banned ■ Plus the NSW General Secretary and Assistant

Secretaries to be ex-offico non-voting Delegates. ■ Upper house candidates to be preselected by a full, These reforms could be reached in stages over the next statewide ballot of all Party members

three State and National Conferences. ■ State and National Conference to include a component of directly elected delegates, moving Covering notes from the current model to: 60% directly elected, ■ The Administrative Committee I view as our 20% elected by Affiliated Unions and 20% by ‘Board of Directors’ to implement policy as laid Electoral Councils, reached in stages over the next out and voted for at conference, on behalf of the three National Conferences Members (shareholders) and to administer the good governance of the party through the General ■ Union delegates to Party Conferences to be elected Secretary (CEO). through a ballot of those union members that opt- in, conducted under the principle of proportional Should the committee be too large it may become representation disruptive: For the sake of consistency the period of incumbency to be set at three years and the maximum ■ For the purpose of determining union affiliation term set at two terms (6 years). The form of voting should numbers, unions should only be able to count be based on the system used to elect the members of the members who have agreed to their membership ‘Policy Forum’ being counted towards that affiliation in an opt-in system **For the purpose of determining union affiliation numbers, unions should only be able to count members who have Recommendation: Reject. agreed to their membership being counted towards that affiliation in an opt-in system.

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39. KIAMA BRANCH 44. KINGS CROSS BRANCH That it be adopted in the rules that: The Conference moves that when the rules of the NSW ALP are officially changed, that an updated rules will be ■ The practice of factions, affiliates or interest groups distributed to all party members within 90 days of those formally pre-caucusing and allegedly dictating our changes. parties position, thus binding our parliamentarians in Caucus votes or ballots, this practise to be banned. Recommendation: Support in principle.

■ NSW Upper House and NSW Senate Candidates 45. KINGS CROSS BRANCH to be pre-selected by a full, state-wide ballot of all Party financial members of one years standing. The Conference moves that when a new rules book is produced, that on the first page it states ‘as adopted at’ ■ The NSW ALP Administrative Committee to be set at and the date when the rules were changed. 15 members elected by a full state-wide ballot of all Party financial members of one years standing. Recommendation: Support in principle.

Recommendation: Reject. 46. INDUSTRIAL STAFF UNION Insert new B.20 (c)(v) as follows: Two Academic members 40. PATERSON FEC of the Policy Committee. For the purposes of this Conference finds that Rule B22(a) is undemocratic and rule “Academic” shall mean a party member who is a should be rescinded, and that all members’ votes should professional academic employed by a university, think tank carry equal weight when selecting candidates for Party or research organisation. positions which fall vacant. Recommendation: Recommendation: Reject. Refer to item 22. Refer to National Principles of Organisation. 47. INDUSTRIAL STAFF UNION 41. WENTWORTH FEC / KINGS CROSS Insert new rule B.20 (r) If a Policy Committee Member is BRANCH unable to attend all or part of a meeting, they may appoint That the State and National Conference should include a another party member as their proxy to replace them. component of directly elected delegates, moving from the current model to: 60% directly elected, 20% elected by Amend the heading above Rule B.13 and in B.13(a) and Affiliated Unions and 20% by Electoral Councils, reached B.13(c) by deleting the words “and Policy Committee.” in stages over the next three National Conferences. Recommendation: Adopt. Recommendation: Reject. Refer to National Principles of Organisation. 48. KINGS CROSS BRANCH All rank-and-file delegates be elected by the rank-and-file 42. ALEXANDRIA BRANCH members within the electorate. That Union delegates to Party Conferences are to be Recommendation: Reject. elected through a ballot of those union members who have agreed in an opt-in system to their membership 49. LEICHHARDT BRANCH being counted towards that Unions affiliation, conducted B.25 (c) Unless it decided otherwise under subsection (d), under the principle of proportional representation, as per an Electorate Council elects its delegates and alternate the model used in the UK. delegates to NSW Annual Conference at its Annual Recommendation: Reject. General Meeting in the same way as it elects Electorate Refer to National Principle sof Organisation. Council positions. B 25 (d) An Electorate Council may decide to elect 43. WENTWORTH FEC its NSW Annual Conference delegates and alternate That the rules of the party should require that affiliated delegates pursuant to the provisions of Rule M.9. union delegates to Party Conferences to be elected through a ballot. Greater member involvement would be achieved, for State Conference, by deleting Rule B.25(c) and amending Rule Recommendation: Reject. B.23(d) by replacing “may” with “shall.” Refer to National Principles of Organisation. Recommendation: Reject. Electorate Councils already have this option under Rule M.9.

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50. KINGSGROVE BRANCH SECTION D In view of the strong commitment the ALP has to multiculturalism, considering the history of the ALP and multiculturalism and recognising that the ALP established 52. RULES COMMITTEE the institutional and political concept of multiculturalism Insert D.1 (e) (v) in Australian it is an anomaly that the NSW Branch The Party Officers shall be automatically elected as of the Party does not have a standin g committee to delegates to the National Conference. determine the Party’s platform and formulate policy on Multiculturalism in our community. Recommendation: Adopt. The Labor party has fostered, supported and created 53. RULES COMMITTEE the necessary framework to enable Australia to be a successful and harmonious multicultural society. Insert new rule D.1(g) – The non-voting members of the Furthermore the ideals of fairness and equality, tolerance Administrative Committee may attend meetings of the of diversity and freedom from racism and bigotry are at the Party Officers in a non-voting capacity to advise on issues heart of what the Labor Party is. of governance. The lack of a dedicated policy instrument to continue the Recommendation: Adopt. good work, strengthen racial harmony and multiculturalism and be alert to groups in our society who would seek to 54. RULES COMMITTEE damage this fine fabric of our society is of concern. Insert new rule D.2(b) – The Party’s website shall include a list of Administrative Committee members, including their This should be corrected immediately by Conference, date of their first election. therefore; This Conference directs the NSW Administrative Committee of the NSW Branch ALP toforth with establish Recommendation: Adopt. a Platform Committee for Multiculturalism, Citizenship and Communities, equal in status and operating in the same 55. RULES COMMITTEE format as existing Platform committees. Insert new rule D.2(h) – Members of the Administrative Recommendation: Committee and Finance and Compliance Committee Refer to the Administrative Committee shall complete a material personal interest declaration as for further consideration. prescribed by the Administrative Committee to be held by the President. 51. TUMBI UMBI BRANCH Recommendation: Adopt. Conference calls for the NSW ALP Administrative Committee to establish a policy committee for Science, 56. RULES COMMITTEE Engineering and Innovation [in addition to the existing 8 Insert new rule D.3 – The State Parliamentary Leader and committees. the Federal Parliamentary Labor Leader have an automatic Labor needs to ensure we have policies in these areas for right to address the Administrative Committee meeting. the coming elections and speak to stakeholders regarding Recommendation: Adopt. issues like climate change, energy efficiency and other evidence based policies. Science is crucial to Labor’s 57. RULES COMMITTEE vision for a better society. Insert new Rule D.6(a)(v) – Assist the Administrative Recommendation: Committee to implement and maintain purchase orders Refer to the Administrative Committee to control expenditure with appropriate limits set for the for further consideration. General Secretary and Assistant General Secretaries and any other relevant employee of the NSW Labor Office. Recommendation: Adopt.

58. RULES COMMITTEE Insert new rule D.6(b)(ii) – Approve budgets and expenditure of amounts of $100,000 or more. Insert new rule D.6(b)(vii) – Receive a report at each meeting regarding the Party’s compliance obligations under the Election Funding, Expenditure and Disclosure Act 1981 and other relevant legislation.

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Insert new rule D.6(b)(viii) – Recommend the terms and 64. BENNELONG FEC conditions of employment for staff. Amend D.2 pg 24 under Administrative Committee to read Insert new rule D.6(b)(ix) – Develop, adopt and monitor (c) The Administrative Committee consists of: protocols relating to accountability and authorisation of payments. (i) The Party Officers; Recommendation: Adopt. (ii) 11 members elected by affiliated union delegates at Annual Conference; 59. RULES COMMITTEE (iii) 11 members elected by all delegates who Insert new rule D.7 and renumber subsequent sections are not affiliated union delegates to Annual accordingly – Any Party Officer of the Administrative Conference Committee may place an item on the meeting agenda. If Recommendation: a member wishes to do so, they must give at least seven Refer to Conference. days’ notice to the General Secretary. Insert new rule D.6(b)(vii) and renumber subsequent 65. BENNELONG FEC sections accordingly – Any member of the Finance and Amend D.2(a)(iii) pg 24 under Administrative Committee to Compliance Committee may place an item of the meeting read: agenda. If a member wishes to do so, they must give at least seven days’ notice to the General Secretary. D.2(a)(iii) 11 members elected directly by all financial members of NSW Labor in a ballot conducted under the Recommendation: Adopt. rules contained in Schedule H.

60. RULES COMMITTEE Recommendation: Reject. The Review into the Administrative Committee and Delete existing Rule D.15 and replace with - Finance Committee by the Party’s non-voting The Administrative Committee will appoint the Proxy members rejected this proposal. Delegates to the National Conference, according to the principles of proportional representation and affirmative 66. UNITED VOICE action. Insert new point (vi) under D.2 pg 24 under Administrative Recommendation: Adopt. Committee: (a) The Administrative Committee consists of: 61. RULES COMMITTEE (vi) The Chair of the NSW Women’s Forum in a Delete rule D.18 (f) Party Officers. non-voting capacity. As outlined by Jane Needham, this allows for the Recommendation: Ombudsman to investigate complaints without the need to Refer to Conference. notify the Party Officers. Recommendation: Adopt. 67. SAPPHIRE COAST BRANCH That the NSW ALP Administrative Committee be set at 62. RULES COMMITTEE 15 members to be elected by a full state-wide ballot of all Insert new rule: D.18 (f) - Party financial members of at least one year‘s standing. The complainant or the person whose conduct Recommendation: Reject. is complained of, may request that reports of the Ombudsman to the Administrative Committee be 68. AUSTRALIAN MANUFACTURING anonymised and subject to confidentiality. The WORKERS’ UNION Ombudsman must comply with any requests for Insert new point (c) under D.2 pg 24 under Administrative confidentiality. Committee and re-number accordingly: Recommendation: Adopt. D.2 (c) Following the election of members of the Administrative Committee and appointment of the 63. RULES COMMITTEE Administrative Committee Proxy Panel, any new members Move rule D.16 to a separate section in the rules (into shall receive a formal induction and external training Section E) and move Join Campaign Committee (Section program outlining their roles and responsibilities as E to Section R and Section R to Section S) members of the Administrative Committee. Recommendation: Adopt. Recommendation: Adopt.

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69. AUSTRALIAN MANUFACTURING 72. KATOOMBA BRANCH / TWEED HEADS WORKERS’ UNION BRANCH Insert new point (h) under D.2 pg 24 under Administrative That the following rules be added into Section D Committee and re-number accordingly: Administrative Committee: D.2(h) Members of the Administrative Committee must D.15 Governance, accountability and transparency complete a Pecuniary Interest Declaration. The register (a) Except where constrained by the need for personal of Pecuniary Interest Declarations are to be held by the privacy, commercial-in-confidence dealings, or legal President. confidentiality, sub judice or privilege, all matters on Recommendation: the agenda, correspondence lists, and resolutions Refer to item 55. of the NSW Administrative Committee shall be published or otherwise made available for members’ 70. UNITED VOICE perusal within five (5) business days of any meeting. Insert new point (v) under D.6 pg 25 under Administrative (b) Correspondence lists shall include date, author Committee: and topic of all letters directly addressed to the D.6(v) Approve budgets and expenditure of amounts over General Secretary or the Committee, and all letters $100,000 generated by the Committee, unless they are circulars, and only to be noted. Insert new points under D.6(b) pg 25 under Administrative Committee: (c) Where business items are withheld from member scrutiny under the exemptions of Clause (a) above, D.6(vii)Receive and consider reports on regulatory then the topic only shall appear in conjunction with compliance, particularly in relation to electoral funding and the category of exemption. disclosure legislation (d) Should a member allege that a breach of this D.6(viii) Establish a Remuneration Sub-Committee to set rule has occurred, the member should write to terms and conditions for employment of staff the General Secretary making the allegation and Recommendation: providing evidence. The General Secretary must Refer to items 57 and 58. table this correspondence at the next meeting, and the Administrative Committee must rectify the error 71. AUSTRALIAN MANUFACTURING within five (5) business days, unless the breach is WORKERS’ UNION deemed insubstantial, in which case the complainant shall be notified in writing by the General Secretary, Insert new D.9 pg 26 under Administrative Committee and citing these grounds. re-number accordingly: Recommendation: Support in principle and D.9 Any member of the Administrative Committee refer to any legislative requirements in response to may place an item on the agenda of the Administrative the Schott Report. Committee if 7 days’ notice of the item is given to the Executive Officer. 73. HORNSBY BRANCH / KU RIN GAI Recommendation: BRANCH Refer to item 59. Conference requests the ALP National Executive and the NSW Branch to adopt, though consultation of party branches, members and units, and affiliated unions, an Australian Labor Party charter of best practice governance, and a code of conduct for all party officers, to be implemented within one year. Recommendation: Support in principle. Following the recommendations of the Needham Report, NSW Labor is currently working on a Code of Conduct for Party members.

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74. WENTWORTH FEC / KINGS CROSS SECTION E BRANCH / KIAMA BRANCH A binding code of conduct to be imposed on all candidates, parliamentarians and officials, Nationwide, as 76. INDUSTRIAL STAFF UNION per the rules in NSW Delete Section E Recommendation: Support in principle. Recommendation: Reject. Following the recommendations of the Needham Report, NSW Labor is currently working on a Code 77. INDUSTRIAL STAFF UNION of Conduct for Party members. Delete B.19 Section E and O.6

75. TUMBI UMBI BRANCH Insert new Section E titled “Policy Platform” Conference calls on the Party to prioritise the fight against E.1 The party shall have a platform which shall be the corruption in the State and Federal arenas and with any basis on which it contests state elections. affiliated organisations by:- E.2 The Platform shall be the policy adopted at each 1. Improved governance and reporting mechanisms Annual Conference. 2. More transparency and openness in the financial E.3 Within two months of the conclusion of Annual decisions of the party. Conference the General Secretary shall publish a document containing the platform and policy adopted by 3. Stricter adherence to auditing and reporting the conference. The General Secretary shall circulate this protocols and document to all party units and affiliated organisations. 4. Stronger dissuasive sanctions on elected members, E.4 The Platform document shall indicate the conference staff members, consultants and affiliated groups that date at which each platform item was initially adopted. are found to be in breach of established guidelines to combat corruption. E.5 There shall be a Platform committee which is responsible for developing a draft party platform for 5. That the ALP State Conference discuss a rule consideration and adoption by the Annual Conference. preventing ALP MPs and their close families from buying Government assets that are privatised. E.6 The Platform Committee consists of: Recommendation: Support in principle. (i) The Leader and Deputy Leader of the State Parliamentary Labor Party in the Legislative Assembly and Legislative Council. (ii) The officers of the NSW Branch. (iii) Two members elected by and from the State Parliamentary Caucus. E.7 The Parliamentary Leader will chair the Platform Committee and the General Secretary will be the secretary to the Committee. E.8 The Committee will meet regularly to develop and review policy strategies and priorities for the state. E.9 An official meeting of the Platform 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. E.10 When in government the Party leader will present a written report to each annual conference outlining the progress made on implementing each item contained in the Platform. E.11 Between Conferences the Platform Committee can adopt provisional policy positions. The policies shall be published on the party website and circulated to all party units and affiliated organisations. Provisional policies shall be reported to each Annual Conference for consideration and adoption. Recommendation: Reject.

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SECTION F SECTION G

78. INDUSTRIAL STAFF UNION 79. RULES COMMITTEE Move F.4 to new Schedule M and Delete F.5 and replace Notice of AGMs/meetings with: The Federal Electorates allocated to each region shall ■ Amend G.5 (a) to delete the words “in April” and be set out in Schedule M. The Administrative Committee replace with “between 15 April and 31 May” may determine which Federal Electorates are allocated to each region and may sub divide the regions. ■ Delete existing G.6 (a) and insert the following: Re-number accordingly. (a)(i)The Electorate Council Secretary must give written notice of the date, time and place for the closing of Recommendation: Reject. nominations for its annual elections. (ii) The notice must also give the date, time and place of the meeting at which the election is to take place. (iii) The notice must be given at least seven clear days prior to the close of nominations. (iv) Nominations for positions must close with the Returning Officer no less than seven days prior to the Annual General Meeting at a time and place agreed by the Electorate Council Executive. (v) The notice must be given to: Secretaries of local branches and Credentialed delegates (as per G.6(c).

■ Amend Rule G.4(b) to – “Seven days before a meeting, notice of the meeting must be given by the Secretary to Branch Secretaries and credentialed delegates.” Recommendation: Adopt.

80. RULES COMMITTEE At G.6 insert new (d) - (i): (d) If the number of women elected as conference delegates or alternate delegates in accordance with G.5 (b) does not meet the requirements in M.7(b), a new election must be called for all positions and held within two months of the first election. (e) If the number of women elected to the council executive in accordance with G.5(b) does not meet the requirements in M.7(b), a new election must be called for all executive positions and held within two months of the first election. (f) The notice requirements in (a) continue to apply to any elections called pursuant to (d) or (e). (g) The Secretary of the Ciuncil must notify the General Secretary if a new election is called pursuant to (d) or (e). (h) If after two elections, an Electorate Council does not meet the requirements of M.7(b), the Council will not be entitled to seat delegates at the Annual Conference or Country Conference.

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At I.18 insert new (d) - (ii) National Conference Delegates elected by Federal Electorate Councils are elected in the same year as (d) In electing the positions set out in (a), each Branch National Conference Delegates elected by Annual should be mindful that the ALP is committed to men and Conference, and hold office for the same term. women working in equal partnership at all levels of the Party, as outlined in rule M.7. (iii) A Federal Electorate Council elects one National Conference delegate for its area pursuant to rule Recommendation: Adopt. M.9. 81. RULES COMMITTEE Delete existing rule M.9 (d) and replace with: Removal of Branch capitation fees and eligibility to vote in (i) For the election of delegates from a Federal Electoral Council AGMs Electorate Council to the National Conference,

■ Delete Rule I.24(d). nominations will open at a time and date determined by the Administrative Committee; and ■ Amend 1.24(e) to – Branches can only be represented on State or Federal Electorate Councils (ii) For all other elections conducted under this rule, or Local Government Committees if they have sent nominations will open no later than fourteen days in their return sheets. after the AGM of the electorate council, or as decided otherwise by the Administrative Committee. ■ Amend Rule G.3(a)(i) to - Roll call of delegates: unaffiliated branches (branches which have not Insert new M.9 (k) - sent their return sheets and list of registered branch The Administrative Committee may determine any other members to the Secretary of the Council - see Rule matters required for conducting a ballot. G.10 below). Recommendation: Adopt. ■ Amend Rule G.17(a) to - Any branch whose return sheets and certified list of branch members are 83. RULES COMMITTEE not received by the Council Secretary on or before Insert new rule G.6(d) – At least fourteen days before the 1 April in any year, will be regarded as unaffiliated Annual General Meeting the Secretary gives the Returning by the Council. The delegates from unaffiliated Officer a list of the names and addresses of the members branches will not be able to vote at any meeting who can vote. Any candidate is entitled to be given the list. of the Council or to hold office until their branch affiliates. The names of unaffiliated branches will be Recommendation: Adopt. read out by the Secretary at each Council meeting. 84. RULES COMMITTEE ■ Amend Rule G.17(b) to – When the return sheets and certified list of branch members have been Amend Rule G.10 (b) to - received by the Secretary of the Council, a branch is SEC Secretaries must keep a list of the branches in their considered to be affiliated and its delegates are able electorate, as certified by the Administrative Committee. to vote on the Council. Recommendation: Adopt. ■ Insert new Rule G.17(c) – Notwithstanding Rule G.17(b), in instances where the return sheets and 85. RULES COMMITTEE certified list of branch members are received after Insert new rules – 1 April, the delegates from that branch will not be able to vote in the Annual General Meeting of the G.14(h)(i) A Branch may request to affiliate to more than Electorate Council. one State Electorate Council and become a composite Branch (where its boundaries cross two or more State Recommendation: Adopt. Electorate Councils. 82. RULES COMMITTEE (ii)If the State Electorate Council approves this request, Delete existing rule G.5 (d) and insert as follows: the Secretaries of the State Electorate Council and relevant Branch must notify the General Secretary who G.5 (d) will refer the matter to the Administrative Committee. The (i) Each Federal Electorate Council will elect one Administrative Committee may decide, at its discretion, to National Conference delegate, the Party Officers approve or deny the request. will automatically be elected National Conference Recommendation: Adopt. delegates with the balance of the National Conference delegation elected by Affiliated Union delegates to Annual Conference.

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86. INDUSTRIAL STAFF UNION each Federal Electorate Council shall elect three delegates Delete existing G.1 (a) and insert the following: and three alternate delegates to Annual Conference in accordance with the provisions of rule M.9. Each Country State or Federal Electorate Councils can be set up by the SEC and FEC shall elect three delegates and three Administrative Committee in any electorate. The number alternate delegates to Country Conference in accordance of delegates (members) from each branch to an Electorate with the provisions of rule M.9. Council is worked out as follows: Recommendation: Reject. Number of Branch Membership Delegates 88. INDUSTRIAL STAFF UNION 15-29 3 Delete existing G.5 (d) and insert the following: 30-44 4 (a) (i) Members in each Federal Electorate will directly elect one National Conference delegate, with the 45-59 5 balance of the NSW National Conference delegation 60-74 6 to be elected by Annual Conference. (ii) National Conference Delegates must be elected 75-100 7 in the 12 months preceding the National Conference 101-125 8 and hold office for the same term. (iii) National Conference Delegates elected by The maximum number of delegates a Branch can send to members in each Federal Electorate shall be elected an electorate council is 8 delegates. pursuant to the provisions of Rule M.9. Branch membership is described in Rule I.1 and worked (b) To be eligible to nominate candidates for Federal out yearly by counting the branch membership on 30 Electorate National Conference Delegate must: November of the previous year. ■ Live in the electorate they represent; Recommendation: Reject. Conference notes that Branch Secretaries should ■ Not be a Member of Parliament;

ensure they are sending the correct number of ■ Be a financial Party member delegates to Electorate Councils based on their registered branch membership. Insert new M.9 (h) as follows: (h) Balloting shall be conducted by postal voting. 87. BENNELONG FEC Renumber existing M.9(h)-(k) Amend Rule B.21 to read: Delete existing.6(a)(vii) and insert: B.21 The remaining number of National Conference Delegates (b) 2 delegates from each State Electorate Council to be required following the direct election of a component elected in accordance with Rule M9; of the delegation by members in Federal Electorates in (c) 3 delegates from each Federal Electorate Council to be accordance with Rule G.5(d). elected in accordance with Rule M9; Recommendation: Delete B.25 (c) and in (d) change ‘may decide’ to ‘must’. Refer to item 82.

Amend G.5(b) to read as below 89. LECHHARDT BRANCH G.5(b) At its Annual General Meeting each Council elects G 5 (d)(iii) Unless it decides otherwise under subsection a President, two Vice-Presidents (one is the senior Vice- (iv), a Federal Electorate Council elects the National President), a Secretary, a Treasurer, a Fundraising Officer, Conference delegate for its area in the same way as it an Assistant Secretary, two auditors (for a State Electorate elects Electorate Council positions. Council). The duties of the Secretary and the Treasurer can be combined but, in the case, an extra Vice-President G 5 (d)(iv) A Federal Electorate Council may decide to is elected. At the end of the election of officers, a Council elect its National Conference delegate pursuant to the Returning Officer and Deputy Returning Officer is elected. provisions of Rule M.9. No Returning Officer or scrutineer shall be allowed to Greater member involvement would be achieved, for nominate for any position in any ballot in which he/she is National Conference, by deleting Rule G 5 (d)(iii) and acting as Returning Officer or scrutineer. amending Rule G 5(d)(iv) by replacing may with shall. Each State Electorate Council shall elect two delegates Recommendation: and two alternate delegates to Annual Conference and Refer to item 82.

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90. BERRY SHOALHAVEN BRANCH 94. DRUMMOYNE SEC That each FEC can elect at its relevant AGM alternate To remove the requirement for branches to pay capitation delegates to the ALP National Conference in place of the fees - current situation whereby proxy delegates are appointed ■ Delete Rule I.24(d). by Head Office. ■ Amend 1.24(e) to read – Branches can only be Recommendation: Reject. represented on State or Federal Electorate Councils This proposal is impractical given the number of or Local Government Committees if they have sent Proxy delegates from NSW to the National in their return sheets. Conference. ■ Amend Rule G.3(a)(i) to read - Roll call of delegates: 91. INDUSTRIAL STAFF UNION unaffiliated branches (branches which have not Delete existing G5(e) and insert in its place the following: sent their return sheets and list of registered branch members to the Secretary of the Council - see Rule (e) The preferential voting system (described in G.10 below). Schedule G at the back of this book) applies to all Electorate Council elections. ■ Amend Rule G.17(a) to read - Any branch whose return sheets and certified list of branch members Electorate Councils can resolve to use the proportional are not received by the Council Secretary on or system voting in Schedule G as an alternative for elections before 31 March in any year, will be regarded as for more than one position. unaffiliated by the Council. The delegates from Recommendation: Reject. unaffiliated branches will not be able to vote at any meeting of the Council or to hold office until their 92. INDUSTRIAL STAFF UNION branch affiliates. The names of unaffiliated branches will be read out by the Secretary at each Council Delete existing G.6 (a) and insert the following: meeting. (a)(i)The Electorate Council shall give written notice of the ■ Amend Rule G.17(b) to read – When the return date, time and place for the closing of nominations for its sheets and certified list of branch members have annual elections. been received by the Secretary of the Council, (ii) The notice shall also give the date, time and place of a branch is considered to be affiliated and its the meeting at which the election is to take place. delegates are able to vote on the Council. (iii) The notice must be given at least seven clear days prior To clarify ambiguity caused by Rules G.17(a) and G.17(b) to the close of nominations. (see Review Tribunal Decision in the matter of 2014 Gosford SEC AGM, July 2014) – (iv) The notice must be given to: Secretaries of local branches, Credentialed delegates (as per G.6(c)) and ■ Insert new Rule G.17(c) – Notwithstanding Rule advertised in the official journal of the Party G.17(b), in instances where the return sheets and certified list of branch members are received after Recommendation: 31 March, the delegates from that branch will not Refer to item 79. be able to vote in the Annual General Meeting of the Electorate Council. 93. QUEANBEYAN BRANCH That the rules of the ALP (NSW Branch) be amended so Recommendation: that the last sentence of rule G1(a) reads: Refer to item 81.

For this purpose, branch membership is the number of 95. GEORGES HALL YAGOONA BRANCH financial members (including life members) resident in the That Branches’ requirement for “capitation fee” to Local branch area, less any members who have opted to be Government, State Electoral Councils and Federal members of a different branch (and are therefore counted Electoral Councils no longer required. for that branch). Without changing the rules requiring a membership list Recommendation: Reject. and a return from Branch’s to affiliate with same. The Party’s branch return sheets and guides should be clearer in stating that registered branch We feel that this outdated practice of a “Capitation fee” membership is from 1 December to 30 November is an unnecessary burden on local branches and the to avoid any ambiguity. elimination of capitation fees would greatly simplify local branches’ administration. Recommendation Support in principle. Refer to item 81.

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96. DRUMMOYNE SEC Electorate Councils. To remove ambiguity about Branch boundaries - The proponents of this Motion wish to tease out the component parts of this Rule. Delete from Rule G.10(b) - SEC Secretaries must keep a map with the official boundaries shown of constituent How could it in any way be considered democratic to be branches as certified by the General Secretary or elected as a Delegate and denied the right to excise that someone representing the General Secretary. elected position to represent the branch whose members appointed them in an open Branch AGM election? Replace with - Any financial member as at the 31st January, who can SEC Secretaries must keep a list of the constituent prove two year’s membership and has attended one branches that operate in that SEC. meeting over the previous twelve months, can nominate Recommendation: and be elected to any Branch Office. Refer to item 84. What constitutes the boundaries of a branch? We can see no rule covering these matters; in the case of Kiama 97. INDUSTRIAL STAFF UNION Branch it would appear to cover the LGA of Kiama, in Insert new G.20 Electorate Assemblies general, but the electorate of Kiama currently includes (c) An Electorate Council may convene an Electorate parts of Shellharbour and Shoalhaven LGAs. Assembly of all Party members in the Electorate to Now here is the point, currently the electorate of discuss Labor’s policy priorities. Kiama includes all of Albion Park which falls within the (d) Branches and Party Units are invited to send all Shellharbour LGA, but to our knowledge no precise relevant agenda items to the Electorate Council, geographical boundaries exist for the Kiama Branch; thus which will determine the agenda for the assembly. one may assume the current electoral boundaries would prevail for the Kiama Branch. But another conundrum, (e) The Electorate Council will ensure that all branches the southern parts of Shellharbour LGA form part of the are given notice of the Assembly. federal electorate of Throsby. Recommendation: Adopt. Logic would dictate, from the above rule G1(c) viz: A Composite branch is a branch whose Borders cross 98. KIAMA BRANCH two or more State or Federal Electorate Councils thus It is moved that the Kiama Branch of NSW Labor wishes members living within these electoral boundaries are to challenge an interpretation of Rule G1(c) by Executive eligible to be delegates. Officer, Mr. Dominic Ofner regarding eligibility of members Moreover any member, holding any office of any branch, of the Kiama Branch to stand as SEC and FEC Delegates has the right to represent the member’s home branch for the year 2015-2016. The drafting of Rule G1(c) is in whatever capacity the branch members dictate in the ambiguous as to what constitutes a composite branch; branch’s dealings with a sister organisation like electorate this motion to be forwarded, together with an explanatory councils. letter, to the Rules Committee, General Secretary and the Kiama SEC and the Gilmore FEC. Recommendation: Reject. The rules are expressly clear that to be a delegate to Rule G1(c) states, in part: an Electorate Council, a member must live in that Delegates from composite branches are elected by electorate. all members who can vote in their branch, but they themselves must live in the electorate for which they are elected. Note: A Composite branch is a branch whose Borders cross two or more State or Federal

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SECTION H SECTION I

99. ALEXANDRIA BRANCH 102. RULES COMMITTTEE That Rule H.4 should be abolished. Branch Annual General Meeting and Officials (Section I.18(a)): Recommendation: Reject. In Rule I.18(a), amend bullet point eight to: 100. STANMORE CAMPERDOWN BRANCH ■ Two Auditors (one of whom is the Senior Auditor); That Conference supports the changes to the Rules made by the 2011 NSW Labor Annual Conference to select Recommendation: Adopt. Labor’s candidate for the Lord Mayor of the City of Sydney by a community preselection ballot. 103. RULES COMMITTEE Branch Treasurers (Section I.26): Conference calls on the 2016 NSW Labor Annual Conference to preserve these Rules changes as they Insert new rule I.26(c): stand. (c) The Treasurer must ensure that the Branch complies Recommendation: Support in principle. with requirements of the Election Funding, Expenditure and Disclosures Act 1981. At the end of each financial 101. GLEBE BRANCH year, the Treasurer must provide the NSW Labor Office That conference re-affirms its support for the changes with a schedule and details of all income received to the Rules made by the NSW Labor 2014 Annual and expenses paid out by the Branch and associated Conference to select Labor’s candidate for the Lord Mayor information during that financial year. of the City of Sydney by a community preselection ballot. Recommendation: Adopt. This Branch calls on the NSW Labor 2016 Annual Conference to preserve these Rules changes as they 104. AUBURN LIDCOMBE UNITED BRANCH stand. Insert new rule I.1 and re number existing rules accordingly: Recommendation: Support in principle. Role of a Local Branch I.1 Recognising that branches are the building blocks of the party, local branches shall be established to achieve the following goals: (a) To encourage the dissemination of Labor values in their communities; (b) To identify, recruit, and develop leaders in their communities; (c) To develop the skills and analytical capacity of their members; (d) To educate their members about current social and political issues; (e) To develop their members’ understanding of the party’s traditions practices processes and structures; (f) To lead and coordinate campaigns on issues in their communities; (g) To encourage and support their members to be active in civil society organisations; (h) To build organisations in their communities that share and promote Labor’s values; (i) To create bonds of solidarity and fellowship between party members;

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(j) To provide an avenue for receiving from their 108. INDUSTRIAL STAFF UNION communities feedback and input on Labor’s policies, In I.18 (a) delete the words “in March” Delete existing initiatives and program; I.19(a) and replace with: (k) To assist in the election of endorsed Labor a. (i) Branch officials are elected at the Annual candidates; General Meeting. (l) To contribute to the process of developing party policy; and (ii) The Annual General Meeting shall be held in April, or another month determined by the (m) To qualify members to enable them to exercise Administrative Committee. voting rights in preselections and other party ballots. (iii) If a Branch Annual General Meeting takes Recommendation: Adopt. place in a month other than April, eligibility to vote and be a candidate at the Annual General 105. INDUSTRIAL STAFF UNION Meeting under these Rules is determined as if Renumber I.11 (b) as I.11(b) (i) and insert I.11(b)(ii) as the Annual General Meeting is taking place in follows: April. The President, or whoever is presiding at the meeting, (iv) A preferential voting system is to be used (see shall sign the minutes immediately after they have been Schedule H at the end of this book). confirmed. Recommendation: Reject. Where the minutes are typed, the signed copy shall be pasted into the minute book by the secretary. 109. MORTLAKE CABARITA BRANCH Recommendation: Adopt. Insert a new rule I.19(b)(ii) – The notice must advise the number of delegates and alternate delegates to be elected 106. INDUSTRIAL STAFF UNION to Electorate Councils from the Branch. Insert new I.15 (b) as follows: Renumber subsequent rules accordingly. The Secretary shall ensure that the attendance book is Recommendation: Adopt. circulated among the attendees at a meeting in a way that allows attendees to peruse the book. The clamping of 110. INDUSTRIAL STAFF UNION books with clips is prohibited. Insert at the end of I.19(a) And renumber existing I.15 (b) Branches can resolve to use the proportional system Recommendation: Adopt. voting in Schedule G as an alternative for elections for more than one position. 107. INDUSTRIAL STAFF UNION Recommendation: Reject. Insert new I.15 (c) as follows (c) Where Branches hold a combined meeting the 111. DRUMMOYNE SEC participating Branches can agree to use one attendance Insert new rule I.24(c)(ii) and renumber existing rule I.24(c) book for the purposes of recording attendance at the to I.24(c)(i) – meeting. The Party Office shall develop a mechanism for return ■ This attendance book must be made available for sheets and certified branch membership lists to be all those in attendance to sign. Party members submitted centrally for distribution to Secretaries of should indicate the branch to which they belong Electorate Councils. in the attendance book. At the conclusion of the Recommendation: Support in principle. meeting the President of the Branch that has chaired the meeting (or in the absence of the President 112. DRUMMOYNE SEC the officer chairing the meeting) must declare the meeting closed and permit any members To remove the option for branches to request a part of in attendance to witness the signing off of the their membership fees from the Party Office – attendance book. Delete Rule I.25. ■ Photocopies of the attendance records must be Recommendation: Adopt. provided to the Secretary of each participating branch within seven days who must then affix the pages into their branch attendance book. Recommendation: Reject.

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113. INDUSTRIAL STAFF UNION SECTION J Delete existing I 24 (c) and (d) and insert the following

(c) Before 30 April each year send to the General Secretary 117. RULES COMMITTEE the return sheet listing Branch members and delegates As recommended in the Needham Report, the Rules to the State and Federal Electorate Councils, and Local Committee have recommended removing the requirement Government Committees. Failure to lodge required Branch to be a financial Party member, to allow for independent or Electorate Council Annual Financial Returns to the NSW Chairs/Deputy Chairs of the IAT and Review Tribunal. Branch Office may result in the Administrative Committee suspending the charter of the Branch or Electorate Delete J.4 (a) (i) and J.4 (b) (i). Council. Recommendation: Adopt. Recommendation: Reject. 118. RULES COMMITTEE

114. BULLI WOONONA HELENSBURGH ■ Amend Rule J.2 (a) (iv) to “Appeals against decisions BRANCH made by a meeting of the Party Officers” The conference calls upon the Rules Committee to draft ■ Amend Rule J. 1 (b) (i) to “is addressed to the suitable amendments to the rules for the 2015 NSW Secretary as per Rule J.11 (b).” ALP Conference that make it easier for serving military personnel to renew their branch membership while they ■ Insert new rule J.14: are serving overseas as recommended by the Internal Guidelines for conduct of appeals Appeals Tribunal on 1 December 2014. The Internal Appeals Tribunal and the Review Tribunal: Recommendation: Note. While this is a worthy objective, it is very (i) must prescribe guidelines for the conduct of difficult to implement in a practical way. appeals, including the granting of leave by the Tribunal to hear appeals, and make these guidelines 115. CRONULLA CARINGBAH BRANCH available to all Party members; and, That the Conference asks the Party to investigate (ii) may otherwise regulate its own procedure; subject the possibility of establishing a virtual forum by way to these rules and the Annual Conference. of telephone or video conferencing to facilitate the Recommendation: Adopt. involvement of party members with mobility difficulties in Party affairs. 119. INDUSTRIAL STAFF UNION Recommendation: Insert new J.12 (d): Note. Refer to Recruitment, Organising and Training The standard of proof to apply in proceedings of the Committee. Tribunals shall be “on the balance of probabilities”. When 116. INDUSTRIAL STAFF UNION applying this standard the Tribunals shall, when required to establish the facts in a matter, choose that version Conference calls on the Rules committee to develop of events before it that appears the more plausible. The standard provisions for application of all party units Tribunal shall not be required to be ‘comfortably sure’ only around meetings, notice, offices, executives, finances and on balance to believe one version of events over another. elections. Recommendation: Reject. Recommendation: Support in principle. The Tribunals should continue to determine the appropriate standard of proof on a case by case basis, depending on the nature of the charge.

120. INDUSTRIAL STAFF UNION Renumber J.8 (b) “J.8 (b) (i)” and insert new J.8 (b) (ii) as follows: In making a decision on a matter before it the Tribunals shall give primacy to the broader interests of the party. Recommendation: Adopt.

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121. INDUSTRIAL STAFF UNION SECTION K Insert new J12(d) The Tribunals may require that any evidence be supported by a statutory declaration. 123. RULES COMMITTEE Recommendation: Finance, Property and Funds: Note. The Tribunals should determine the appropriate use of statutory declarations on a case by case basis, Insert a new rule K.10 (b): depending on the nature of the charge and evidence. (b) Where a Branch or Electorate Council has an account with a financial institution or trust that is 122. INDUSTRIAL STAFF UNION not approved by the Administrative Committee, that Insert new J.14: Branch will be given thirty days to transfer all funds The Review Tribunal shall provide written guidance to the to an account with an approved financial institution Internal Appeals Tribunal on the penalties to be generally or trust. Failure to bank or invest with an approved applied. Where the Review Tribunal believes this guidance financial institution or trust may result in the has not been followed it may overturn the decision of the Administrative Committee suspending the charter of Internal Appeals Tribunal and remit the matter back to the the Branch or Electorate Council. Internal Appeals Tribunal to be dealt with in a way that is Renumber existing rule K.10(b) to K.10(c). consistent with its general guidance. Recommendation: Adopt. Recommendation: Reject. 124. GEORGES HALL YAGOONA BRANCH That all Branches’ of the NSW A.L.P. be required to provide an approval / granting of access to the A.L.P NSW Branch, access to statements from all Bank accounts held by Branches. That this Authority once granted by all Branches should be for the returns required by various Electoral Acts, state or federal. The proposal if approved would facilitate printing of Branch bank account Statements by Head Office and remove the need for Branches to request, print and send to Head Office the four statements annually. Recommendation: Note.

125. PENNANT HILLS BRANCH Conference asks that NSW Labor negotiate with the Commonwealth Bank in relation to all Branch, FEC, SEC and LGC Committee accounts, to ensure that the respective treasurers of these Committees, while maintaining the existing restrictions on online transactions, are given online access to view their respective accounts. Recommendation: Refer to Finance Committee.

126. TUMBI UMBI BRANCH Conference calls in the NSW ALP to investigate alternate banking arrangements with financial bodies other than the big four banks, particularly considering bodies such as Members Equity Bank. In light of the recent Four Corners report on the dubious practices of the Commonwealth Bank, this Branch urges the NSW ALP to investigate more ethical and efficient practices for banking branch accounts. Recommendation: Refer to Finance Committee.

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127. WENTWORTH FEC / KINGS CROSS 130. SAPPHIRE COAST BRANCH BRANCH / KIAMA BRANCH 1. That all donations to political parties of $1,000 or ■ All political parties’ eligibility for public funding to be more, or multiple donations of less than $1000 from contingent on that party’s rules and decisions being a single source, be disclosed immediately to the justiciable Electoral Commission and for the purpose of this motion immediately is be defined as within 7 days ■ The donations disclosure threshold to be reduced of the donation being made and political parties is from its current level of $12,800 to $1,000 and to taken as including individual persons standing for indexation removed election who have no political party affiliation; ■ Donations from foreign and anonymous donors to 2. That substantial penalties be legislated for failure to be banned comply with motion 1 above and that the penalties ■ Donation splitting across branches, divisions or units for non-compliance be increased in accordance with of parties to be limited the amount of delay in making the disclosure;

■ Disclosure of donations to be fast and regular for 3. That donations from foreign and anonymous donors example, monthly be banned;

■ Breaches of electoral law to be an offence attracting 4. That donations disclosed to the Electoral significant penalties Commission be entered in a register on the Commission’s website within two working days of Recommendation: Support in principle and being disclosed to the Commission and that register refer to NSW Labor’s submission to the Joint be publicly available at all times; Standing Committee on Electoral Matters and the resolution of the 2015 National Conference. Recommendation: Support in principle and refer to NSW Labor’s submission to the Joint 128. EDEN MONARO FEC / SAPPHIRE COAST Standing Committee on Electoral Matters and the BRANCH resolution of the 2015 National Conference. Donation splitting across branches, state divisions or units of political parties to be transparent, published and public. Recommendation: Support in principle.

129. EDEN MONARO FEC Disclosure of external donations of $5,000 and above to be immediately entered on registers conducted by the State and Federal Electoral Commissions and open to public scrutiny via each Commission’s website. Recommendation: Support in principle. NSW Labor’s submission to the Joint Standing Committee on Electoral Matters called for the real time online disclosure of donations.

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SECTION M (c) Union delegations For all union delegations to Party conferences and forums, at least the minimum percentage of the 131. RULES COMMITTEE delegates must be women, unless the proportion of Delete M.4 (a) and M.4(b) and replace with – women who are members of the union is less than M.4(a) – The ordinary members of the following the minimum percentage, in which case the number committees are the alternate delegates to Annual of delegates who are women must be at least equal Conference for the Chair, Deputy Chair and Secretary of to that proportion. the same committee: (d) Public office preselections (i) Women’s Forum For all public office preselections, at least the minimum percentage of the candidates preselected (ii) Country Labor Committee for each of the following groups of seats must be (iii) Policy Committees women: Recommendation: Adopt. (i) the seats currently held by the ALP, (ii) the seats that would be won by the ALP with 132. RULES COMMITTEE a 5% increase in its two party preferred vote Affirmative action since the last election (“winnable seats”), and Replace Rule M.7 with: (iii) all other seats to be preselected. The ALP is committed to men and women in the Party (e) For the purposes of paragraph (d), the relevant seats working in equal partnership. It is our objective to have shall be considered in each of the following separate at least 50 per of Party organisation and public office groups: positions held by women. To achieve this from 1 July (i) The seats currently held by the ALP. This 2016, the Party adopts the affirmative action model in this must be implemented over three preselection rule: cycles. (a) Minimum percentage (ii) The ‘winnable’ seats not held by the ALP as defined by those that received a two party In this clause, “minimum percentage” means 40%. preferred vote between 45% and 49.99% at From 2022 it means 45%; and from 2025 it means the last election. 50%. (iii) The Administrative Committee must declare (b) Party positions the winnable seats for each preselection (i) For all Party and office bearer positions before nominations for preselection open. (other than public office preselections and (iv) All other seats to be preselected. party employees), appointed or elected on a statewide basis, where 3 or more positions (f) Upper and lower house seats shall be grouped are to be elected or appointed, at least the together for the purpose of subsection (e). minimum percentage of the positions must be (g) For casual vacancies in the Senate and the House filled by women. of Representatives, if less than the minimum percentage of the remaining positions are held by (ii) For all Electorate Council Executive positions women, the vacancy must be filled by a woman. listed in G.5(f), at least the minimum percentage of the total positions must be filled (h) For casual vacancies in the Legislative Council and by women. the Legislative Assembly, if less than the minimum percentage of the remaining positions are held by (iii) For all NSW Annual Conference Delegates and women, the vacancy must be filled by a woman. Alternate Delegates, and Country Conference Delegates and Alternate Delegates, at least (i) If at the close of nominations for a preselection for the minimum percentage of positions elected a group of seats or positions the requirements of together, must be filled by women. paragraphs (d) - (h) cannot be met, nominations for that group of seats or positions must be reopened. (iv) For all Branch delegates elected to Electorate Councils, at least the minimum percentage of (j) If after a ballot for a preselection for a group of seats the positions must be filled by women. or positions the requirements of paragraphs (d) – (h) are not met, nominations for that group of seats or positions must be reopened and a fresh ballot (if necessary) conducted.

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(k) In calculating the minimum percentage for the b) For the purposes of public office preselections, the purposes of this clause, a fraction of one- half relevant seats shall be considered in each of the or more must be rounded up to the next whole following separate groups: number, and a fraction of less than one-half must be (i) The seats currently held by the ALP. (The rounded down to the next whole number. held seats in the Federal Parliament only - (l) The General Secretary must no later than 1 both lower house and upper house must be November each year provide a report to its grouped together). This must be implemented Administrative Committee and to the National over three preselection cycles. Executive on the progress of implementation of this (ii) The ‘winnable’ seats not held by the ALP as clause. defined by those that received a two party Leave existing M.7 (d) and (e), renumber and change 2012 preferred vote between 45% and 49.99% to 2023. at the last election. (The seats in the Federal Parliament lower house and upper house Recommendation: Adopt. must be grouped together). The Administrative Committee must declare the winnable seats 133. UNITED VOICE for each preselection before nominations for Replace M.7 Affirmative Action with the following: preselection open. Affirmative Action (iii) All other seats to be preselected. (The seats in M.7 the Federal Parliament lower house and upper house must be grouped together). The ALP is committed to men and women in the Party working in equal partnership. It is our objective to have c) For casual vacancies in the Senate and the House 50% women at all levels in the Party organisation, and in of Representatives, if less than the minimum public office positions the Party holds. To achieve this, the percentage of the remaining positions are held by Party adopts the affirmative action model in this clause: women, the vacancy must be filled by a woman. Minimum percentage: In this clause, “minimum d) For casual vacancies in the Legislative Council and percentage” means 40%. From 2022 it means 45%; and the Legislative Assembly, if less than the minimum from 2025 it means 50%. percentage of the remaining positions are held by women, the vacancy must be filled by a woman. Party positions e) If at the close of nominations for a preselection For all Party and office bearer positions (other than public for a group of seats or positions the requirements office pre-selections and party employees), appointed of paragraphs (a)(i) - (b)(iii) cannot be met, or elected on a statewide or national basis, where 3 or nominations for that group of seats or positions more positions are to be elected or appointed, at least must be reopened and a fresh ballot (if necessary) the minimum percentage of the positions must be filled by conducted. women. f) In calculating the minimum percentage for the Union delegations purposes of this clause, a fraction of more than one- For all union delegations to Party conferences and half must be rounded up to the next whole number, forums, at least the minimum percentage of the delegates and a fraction of one-half or less must be rounded must be women, unless the proportion of women who down to the next whole number. are members of the union is less than the minimum percentage, in which case the number of delegates who g) The NSW Branch will submit to these rules National are women must be at least equal to that proportion. Executive. h) The NSW Branch will no later than 1 November Public office preselections each year provide a report to the Administrative a) For all public office preselections, at least the Committee and to the National Executive on the minimum percentage of the candidates preselected progress of implementation of this clause. for each of the following groups of seats must be women: Recommendation: Refer to item 132. (i) the seats currently held by the ALP (ii) the seats that would be won by the ALP with a 5% increase in its two party preferred vote since the last election (“winnable seats”), and (iii) all other seats to be preselected.

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134. INDUSTRIAL STAFF UNION SECTION N M.7 (a) (i) All elections for three or more positions, at Annual Conference and in all other Party Units (other than selection ballots for public office), must result in an 136. RULES COMMITTEE outcome of no less than one third of relevant positions To remove the exemption of the application of AA to being held by Women. incumbent male Councillors.

Recommendation: ■ Delete the last sentence of Rule N.8; and Refer to item 132. ■ Delete rules. N.8 (a), N.8 (b) and N.C (c). 135. KINGS CROSS BRANCH Recommendation: Adopt. Conference calls for Rule M.9 (d) to be changed to: 137. RULES COMMITTEE Delete: ‘Nominations will open prior to the first day in Insert into N.44(a) (iv) In order to meet the Affirmative April,’ Action requirements set out in rule M.7. Replace with: Nominations will open no later than fourteen Recommendation: Adopt. days after the AGM of the electorate council. Recommendation: 138. INDUSTRIAL STAFF UNION Refer to item 82. Delete existing Rule N.2(a) and (b) and insert in its place the following: N.2 For Senate preselections, candidates must be elected by:

■ A ballot of all financial members of the NSW Branch, and

■ A ballot of all union delegates to the most recent Annual conference, where the results of each ballot are given equal weighting and added together. Recommendation: Reject.

139. BENNELONG FEC / CRONULLA CARINGBAH BRANCH To allow the membership of the NSW Branch of the Australian Labor Party to select the Party’s candidates for the NSW Legislative Council and the Australian Senate – Delete Rule B.2(iii) in Section B, Powers of Annual Conference, which enables Annual Conference ‘to preselect candidates for the NSW Legislative Council and Australian Senate.’ For Senators, in Section N (Endorsements and Selections for Public Office) Replace existing Rule N.2(a) with: N.2(a)(i) the first three Senate candidates for a half-Senate election will be selected by a ballot of the members of the NSW Labor Party following the procedure set out in N.4. N.2(a)(ii) the first six Senate candidates for a full-Senate (Double Dissolution) election will be selected by a ballot of the members of the NSW Labor Party following the procedure set out in N.4. For MLCs, in Section N (Endorsements and Selections for Public Office), replace existing Rule N.3(b) with: ‘After endorsement, the Party’s candidates will be selected

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by a ballot of the members of the NSW Labor Party 143. EDEN MONARO FEC / SAPPHIRE COAST following the procedure set out in N.4 BRANCH Add new clause N.4 which sets out the procedures for NSW Upper House and NSW Senate Candidates to be selecting Senate and Legislative Council candidates, and preselected by a full, state-wide ballot of all Party financial renumber clauses accordingly: members of one year’s standing. N.4. Selection Procedures for Senate and NSW Legislative Recommendation: Reject. Council candidates: 144. HARBORD BRANCH a) The Party’s Senate and Legislative Council candidates shall be selected according to the principles Conference calls on the NSW Australian Labor Party to of proportional representation by a ballot of all Party adopt rules to introduce direct elections for candidate for members with one year of continuous financial the NSW Upper House. membership prior to the date of calling for nominations Recommendation: Reject. b) To call for nominations, members must be advised and an advertisement must be placed in 145. HORSNBY BRANCH newspapers that are published throughout NSW. That NSW ALP Rules be amended so that Labor candidates for the Senate and the NSW Upper House c) These advertisements or circulars must state be selected via direct election by membership ballot, that nominations will be accepted by the General in accordance with existing rules for proportional Returning Officer at the NSW Branch Office. representation (PR) and affirmative action (AA). d) Immediately after nominations close, all nominations Recommendation: Reject. will be given to the Administrative Committee for their endorsement or otherwise. 146. KU-RIN-GAI BRANCH e) the Administrative Committee may determine: Conference calls for Labor candidates for the New South i. Rules for campaigning (including donation and Wales Legislative Council and the Senate to be pre- expenditure limits), selected by way of direct party member ballots. ii. Procedures for handling disputes, Recommendation: Reject.

iii. How voting will take place, and 147. CLARENCE SEC iv. Any other matters required for conducting a That Conference endorse that there be one Country Labor ballot candidate in a winnable position on the NSW Australian f) If a casual vacancy for a Senate or Legislative Labor Party ticket for every Legislative Council election. Council position occurs, there shall be a fresh ballot Recommendation: Reject. of Party members according to these Rules.’” Recommendation: Reject. 148. HEFFRON SEC / SYDNEY FEC Conferences moves that at each Annual Conference, 140. ALEXANDRIA BRANCH delegates should vote for candidates for an eligibility list That upper house candidates should be preselected by a for casual Australian Senate and NSW Legislative Council full, statewide ballot of all Party members. nominees for casual vacancies and that nominees for vacancies should be normally filled from the eligibility list, Recommendation: Reject. and that the eligibility list will expire at the commencement of each State Conference . 141. BATEMANS BRANCH BRANCH Recommendation: Reject. The Conference calls for the pre-selection by ballot of the full party membership in NSW for candidates for the 149. MURRAH DAY BRANCH Senate and NSW legislative Council. Conference moves to reaffirm its support for ALP reform Recommendation: Reject. as in Senator Faulkner’s letter of 14 April 2014 to this effect passed unanimously by the Branch on 24 April 2014 142. CESSNOCK BRANCH and that the Branch will progress such reform in all the Conference calls on NSW Labor to endorse rank and file forums to which it elects delegates. preselections for the Senate and NSW Legislative Council Recommendation: Reject. with quotas for rural and regional candidates. Recommendation: Reject.

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150. TUMBI UMBI BRANCH Recommendation: Reject. Conference supports the election of Legislative Council members of the NSW Parliament via a ballot of the ALP 155. ROBERTSON FEC / WOY WOY BRANCH membership. The current system is not accountable That Conference views with serious concern the findings in any way to the ALP membership. A ballot of the by the NSW ALP Internal Review process of improper ALP membership would be a good way to introduce interference in the membership records discovered accountability to the membership, particularly as MLCs are during the review process into the Auburn preselection. tasked with duty electorates to represent and assist ALP This included the alternation of members mailing records members in non-held seats. This would be a direct ballot to centralise postal addresses to facilitate 3rd parties of all NSW registered ALP members with 2 years financial collecting ballot papers during the Federal parliamentary standing and would apply to all LC vacancies, casual or Leadership ballot. otherwise. We demand that the ALP rules be amended to require Conference also supports this method being used to deal all ALP Selections in NSW be conducted by the Electoral with Senate vacancies. Commission or another independent body with proven safeguards to ensure the integrity of the processes and Ideally these elections would be conducted via online improper interference with the voting list by the NSW voting administered by the AEC. Postal votes would be office. Further that the party ombudsman undertake an by application. An online voting system would not be as audit of branch party membership once each year. expensive and also would not disenfranchise candidates who may not have access to large funds to send Recommendation: Reject. communication to all ALP members. 156. BULLI WOONONA HELENSBURGH Recommendation: Reject. BRANCH 151. WENTWORTH FEC / KINGS CROSS The conference recommends that the NSW Branch BRANCH / KIAMA BRANCH rules be amended to prohibit the consideration of continuity applications from members in an electorate Upper house candidates to be preselected by a full, in which nominations for preselection have opened so state wide ballot of all Party members with proportional that continuity is not granted retrospectively which, in representation as the vote system effect, breaches other rules around the qualification of Recommendation: Reject. members to be eligible to vote in preselection being the date nominations were opened. Further, that the maximum 152. ENMORE BRANCH period for which the financial continuity of a member can That the Conference opposes any move to pre-empt, by be granted be not more than 11 months, particularly early calling of nominations, a decision by the Party about where there is a limited history of Party membership the method of Upper House and Senate preselection prior to membership lapsing and that the basis on which before the Party has had an opportunity to debate and continuity is granted be outlined in the NSW Branch rules. determine this matter. Recommendation: Reject. Recommendation: Note. 157. ALEXANDRIA BRANCH / HEFFRON SEC 153. TUMBI UMBI BRANCH That the Australian Labor Party should prohibit any Conference reaffirms its opposition to Community member elected to a position of Public Office from Preselections and supports rank and file preselections as expressing and/or giving public support and/or the best method for selecting candidates. endorsement of any member of the Australian Labor Party seeking community preselection as the endorsed Recommendation: Note. candidate for any position of Public Office.

154. COOGEE BRANCH Recommendation: Reject. That the N 44 rule be amended to require the following: 158. AUSTRALIAN MANUFACTURING (b) An affirmative vote of at least two-thirds of the WORKERS’ UNION Administrative Committee before being used as a Increasing Indigenous Representation in Public method of candidate pre selection; and Office ■ To require the General Secretary write to all rank NSW Labor is committed to increasing the representation -and-file party members in the relevant electorate of Aboriginals and Torres Strait Islanders in public office stating the reasons that this rule has used for positions. candidate preselection

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At the 2015 National Conference, State Branches were SECTION O asked to consult the Indigenous Labor Networks in development of affirmative action rules for the preselection of public office holders that require a minimum of 160. AUSTRALIAN MANUFACTURING relevant positions to be held by Aboriginals or Torres WORKERS’ UNION Strait Islanders. National Conference determined that the Insert a new O.7 on page 60 under NSW Parliamentary minimum level that can be set by such affirmative action Party rules is 5%. O.7 Members of the NSW Labor Parliamentary Party are NSW Labor instructs the Party Officers to initiate this required to attend NSW Parliament induction programs consultation process with the NSW Indigenous Labor and any education or training offered on NSW electoral Network and other Indigenous party members to develop funding and disclosure obligations. Failure to attend such a package of rules reforms to achieve a binding target for induction or training programs will be a consideration if re- Indigenous representation at the 2017 Annual Conference. endorsement is sought by the Member of Parliament. In order to assist with this consultation process and the Recommendation: Adopt. implementation of a strategy to increase Indigenous representation, NSW Labor will: 161. TUMBI UMBI BRANCH ■ Ensure that application and renewal forms ask Conference calls for the next and all future vacancies for prospective and existing ALP members whether they the position of State Parliamentary Labor Leader to be are Aboriginal and/or Torres Strait Islander decided by a ballot of all NSW registered ALP members. This is to be a 100% rank and file preselection of all ■ Maintain a contact list of Aboriginal and Torres Strait Islander members that can be provided the NSW members with 2 years membership, with no special Indigenous Labor Network. weighting for the vote of Parliamentarians. Recommendation: Support. Recommendation: Reject. The Administrative Committee shall establish a Committee to investigate ways of increasing 162. WENTWORTH FEC / KINGS CROSS Indigenous representation in Parliament and across BRANCH / KIAMA BRANCH the Party. That there be a rule that no one can direct a caucus member’s vote. 159. RICHMOND FEC / TWEED COAST Recommendation: BRANCH Note. The conference notes: a) that currently there are no Indigenous persons SECTION P representing the Labor Party in the lower house in the Federal Parliament and b) NSW Labor must commit to ensuring Indigenous 163. MORTLAKE CABARITA BRANCH representation in the lower house in the Federal Amend Rule P.3 to – A person’s agreement to pay this levy Parliament and is a precondition before he/she is allowed to contest an election for the upper or lower houses of State or Federal The conference calls on: Parliament or local government. Before nominating for The NSW Conference to endorse rule changes so that in Party selection, all candidates must agree in writing to pay Federal lower house preselection ballots primary votes for the levy if they are successful. or preferences distributed to Indigenous candidates must Recommendation: Adopt. be weighted by a factor of 20%. Recommendation: The Administrative Committee shall establish a Committee to investigate ways of increasing Indigenous representation in Parliament and across the Party.

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SCHEDULE J 166. NEWCASTLE FEC That the Conference believes that the Young Labor Association should have the rights of appointing full 164. AUSTRALIAN MANUFACTURING delegates to FEC, SEC and LGC. That is, they should be WORKERS’ UNION able to vote on motions and send motions to FEC, SEC Amendment to Schedule J Young Labor and LGC. Young Labor should have the recognition and rights of a Local Branch. Conference changes the Party’s Rules to make Young Labor a democratic organisation and in particular changes Recommendation: Reject. the rules to ensure that all members of Young Labor have the opportunity to directly elect office bearers in Young 167. NSW YOUNG LABOR CONFERENCE Labor on the basis of one vote one value. Preamble To this end, makes the following Rules amendments: The recent 2015 ALP national conference adopted a truly equal affirmative action policy. 50% of Labor candidates ■ Amend Schedule J, Part Three: Conferences (4) “Annual Conference Powers” as follows: are now required to be women. 4(a)(iii) Amend to read “General Members of the Platform Executive other than the President and Secretary.” NSW Young Labor’s rules should reflect the senior party’s rules and ensure gender equality within our own ■ Amend Schedule J, Part Three: Conferences (7) organisation. “Election of President” as follows: Add new 7 (a), (b), and (c): Action The ALP AA changes (a minimum of 50% of positions to 7(a) - The President and Secretary shall be elected be held by women) are to apply to all elected positions in annually by a ballot of members of NSW Young NSW Young Labor. Labor with not less than twelve (12) months continuous financial membership”. Women’s representation in NSW YL positions will be able to exceed this 50% quota. 7(b) - The election of the President and Secretary shall be conducted prior to the NSW Young Labor Recommendation: Support in principle. Annual Conference in each year.” 7(c) - The election of the President and Secretary 168. NSW YOUNG LABOR CONFERENCE shall be conducted as outlined in Schedule H and Delete in Schedule J, Part One: Purpose (e) and by the requirements of the NSW Branch Rules on replace with “to promote and adopt mechanisms which affirmative action. encourage the participation of women, indigenous, rural and culturally diverse communities in Young Labor and the Recommendation: Reject. wider Party.” 165. ALEXANDRIA BRANCH Insert new rule Schedule J, Part Five: Branches (13) Meetings (q): “Policy Caucuses are required to hold at That Young Labor is to have a zero tolerance policy least two meetings each year.” towards bullying, including bullying intended to persuade people to join, remain in, or comply with the wishes of any Insert new rule in Schedule J, Part Thirteen: Policy grouping within Young Labor. Young Labor is to develop, Caucuses Operation Meetings (r): “A Policy Caucus may publish and implement policies to prevent, detect and hold a meeting in conjunction with the Young Labor Youth respond to bullying, including safe channels to report Council, but must seek permission from the NSW Young bullying. Labor Executive”. Recommendation: Support in principle. Insert new rule before Schedule J, Part Five: Branches (14) Conference notes that Young Labor has developed “Young Labor University Networks-Procedure Operation”: Grievance and Equity policies and that the Code of Conduct developed in response to the Needham NSW Young Labor Networks Report will apply to Young Labor members. a. The NSW Young Labor Executive may establish or abolish NSW Young Labor Networks. b. NSW Young Labor Networks are to provide an opportunity for groups within our community to engage with the youth wing of the Labor Party.

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c. NSW Young Labor Networks are to support the SCHEDULE K objectives and principles of the Party and NSW Young Labor. 170. RULES COMMITTEE d. The NSW Young Labor executive has the discretion to define and clarify who can be a member of a Amend Schedule K.3(i) to - NSW Young Labor Network. Not less than the “minimum percentage” of a union’s e. The procedure and structure of a Network is to be delegation to the Country Labor Conference must be established in consultation and at the direction of the women. Provided that if the level of male or female NSW Young Labor Executive. membership of a union is less than “ the minimum percentage”, the minimum representation must be set at Delete in Schedule I, Part Twelve “Young Labor Council” that level. and rename “Young Labor Youth Council”. Recommendation: Adopt. Delete in Schedule I, Part Twelve (a) and insert “The purpose of the Young Labor Youth Council (Council) is 171. UNITED VOICE to facilitate policy development and discussion between Notwithstanding B.6 (c), NSW Labor shall have a Country conferences. Organiser who is responsible for the growth and oversight Delete in Schedule J, Part Twelve: Young Labor Council of Country Labor. The Country Organiser shall be Meetings (k) and replace “The Council will meet four times someone resident in a Country Labor area elected for a 2 a year with one meeting each year to be held outside the year term by the Country Labor Conference. Sydney CBD area”. Recommendation: Note. Renumber all items accordingly. Recommendation: Adopt. GENERAL 169. NSW YOUNG LABOR CONFERENCE Schedule J, Part 5, section 10 (g) be amended to read 172. INDUSTRIAL STAFF UNION “The Young Labor secretary may:” Conference calls on NSW representatives to the National This change is inline with the definition provided in Executive to seek to have at each National Conference the Interpretation A.43 (a) (i) National Executive: Schedule J, Part 5, section 10 (g) (i) be amended to read ■ Present its minutes and report on all decision made “Include notice of the meeting in the Young Labor Journal by it since the previous National Conference. or equivalent mechanism “ ■ Present audited financial statements at each Recommendation: Adopt. National Conference Recommendation: Note.

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A6(C) REPORT

Applicant Name Area Previous Organisation Decision Date

Mohammed Aktaruzzaman South Punchbowl Bangladesh Awami Party Approved 8/08/14 William Churchill Edgecliff Independent Approved 8/08/14 Rhiannon Edmonds Annandale NSW Greens Approved 8/08/14 Shaun Eggleston Cowra NSW Greens Approved 8/08/14 Daniel Griffiths Wetherill Park NSW Greens Approved 8/08/14 Paul Hemmens Greystanes Communist Party of Australia Approved 8/08/14 David Holloway Mangerton Australian Democrats Approved 8/08/14 Emily Holm Hornsby NSW Greens Approved 8/08/14 Peter Jones Rathmines Australian Democrats Approved 8/08/14 Karrie Lanstromm Broken Hill Australian Democrats Approved 8/08/14 Nicholas Lochner Randwick Independent Approved 8/08/14 Ronald McDonald Campbelltown Community Services Team Approved 8/08/14 Alasdair Munn Kariong Independent Approved 8/08/14 Victoria Newstead North Ryde Independent Approved 8/08/14 Mitchell Ophir Greystanes NSW Greens Approved 8/08/14 David Taylor East Ryde Independent Approved 8/08/14 Cindy Ganey Mount Annan Liberal Party/Independent Approved 5/09/14 Vicki Geraghty Crows Nest Liberal Party Approved 5/09/14 Kerri Henderson Banora Point NSW Greens Approved 5/09/14 Jesse King Cooranbong Liberal Party Approved 5/09/14 Jeffery Milward Ingleburn Liberal Party Approved 5/09/14 Christopher Moss Lakemba NSW Greens Approved 5/09/14 Fardin Nikjoo Seven Hills NSW Greens/Palmer United Party Approved 5/09/14 Donald Cameron Springwood NSW Greens Approved 10/10/14 Jesse Casey Frenchs Forest Liberal Party Approved 10/10/14 John Cosic Sutherland Palmer United Party Approved 10/10/14 Sandra Eaton Byron Bay Independent Approved 10/10/14 Allen Lansdowne Gateshead Katters Australian Party Approved 10/10/14 Nathan Loudon Ermington Secular Party of Australia Approved 10/10/14 Graham Masters Coffs Harbour National Party Approved 10/10/14 Emily Mayo Newtown NSW Greens Approved 10/10/14 John Pardoe Cammeray Voluntary Euthanasia Party Approved 10/10/14 Joyce Skimmer Coraki Joyce Skinner Approved 10/10/14 Christine Conroy Cranebrook Palmer United Party Approved 7/11/14 Ivan De Vulder Pymble NSW Greens Approved 7/11/14 Philip Devine Mortdale NSW Greens Approved 7/11/14

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Norman Harris Leura Liberal Party Approved 7/11/14 Chris Hepple Adamstown Liberal Party Approved 7/11/14 Patricia Johnson Springwood Scottish Nationalist Party Approved 7/11/14 Daniel Johnston Lidcombe Palmer United Party Approved 7/11/14 Tara Mathey Newtown NSW Greens Approved 7/11/14 Jennifer McPhan Armidale Liberal Party Approved 7/11/14 Craig Mills Orange NSW Greens Approved 7/11/14 Damien Minton Erskinville Community Independent Approved 7/11/14 Stephen Rowe Shoal Bay Liberal Party Approved 7/11/14 William Symington Gwandlan Independent Approved 7/11/14 Wendy Underwood Mount Annan Independent Approved 7/11/14 Mark Vine Gilead Australian Democrats Approved 7/11/14 Ross Jackson Thurgoona Albury Citizens and Ratepayers Movement Approved 7/11/14 Joseph Aaron Bossley Park Liberal Party Approved 12/12/14 Carolyn Allen Balmain Independent/No Aircraft Noise Party Approved 12/12/14 Leif Bergersen Pambula Young Liberals Approved 12/12/14 Sonia Ellem Goulburn NSW Greens Approved 12/12/14 Harry Giannakopoulos Earlwood Independent Approved 12/12/14 Sean Marshall Summer Hill NSW Greens Approved 12/12/14 Michael Montgomery Bardwell Park Young Liberals Approved 12/12/14 Ella Prouse Waterloo NSW Greens Approved 12/12/14 Pamela Stein Coonabarabran Communist Party of Australia Approved 12/12/14 Robin Wingrove Ulladulla Australian Democrats Approved 12/12/14 Pauline Acworth Geneva Liberal Party Approved 6/02/15 Jonathon Brew Faulconbridge NSW Greens Approved 6/02/15 Colin George Kingswood Independent Approved 6/02/15 James Halliburton Wagga Wagga NSW Greens Approved 6/02/15 Felicity Holmes Girards Hill Abolish State Government Party Approved 6/02/15 Ian Incoll Lisarow NSW Greens Approved 6/02/15 David Key Marrickville Australian Democrats Approved 6/02/15 Stuart Larkins Kiama Downs Young Liberals Approved 6/02/15 Dean Mattar Ashfield NSW Greens Approved 6/02/15 Yalchin Oytam St Ives Young Socialists UNSW Approved 6/02/15 Sharon Rowe Googong Australian Democrats Approved 6/02/15 Katie Sachs Carrington NSW Greens Approved 6/02/15 Donald Voegt Campbelltown Independent Approved 6/02/15 Russell Arnold Loftus Australian Democrats Approved 10/04/15 Jason Blake Petersham Rephublican Party of Australia Approved 10/04/15 Kylie Davison-Hull Albury Liberal Party Approved 10/04/15 Andrew Deane Valentine Conservative Party Approved 10/04/15 Rodney Fitzgerald Manly Nuclear Disarmament Party Approved 10/04/15

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Applicant Name Area Previous Organisation Decision Date

John Grant Avalon NSW Greens Approved 10/04/15 Miles Killen Blaxland Liberal Party Approved 10/04/15 Louis McCallum Newtown NSW Greens Approved 10/04/15 Anthony Moran Willoughby Australian Democrats Approved 10/04/15 Ann Patel Oatley Liberal Party Approved 10/04/15 Rahul Patel Oatley Liberal Party Approved 10/04/15 Richard Schonell Balmain NSW Greens Approved 10/04/15 John Splistead Jannali Liberal Party/ALP/ Palmer United Party/ Nationals Approved 10/04/15 Jacob Taylor Redfern Liberal Party Approved 10/04/15 Kristin Teece Glenwood Australian Democrats Approved 10/04/15 Douglas Colquitt Surry Hills Young Liberals Approved 1/05/15 Ljijlana Sally Galovic Woodford Australian Progressives Approved 1/05/15 James Irvine Forbes Australian Democrats Approved 1/05/15 Mary Osborn Lewisham Socialist Equality Party Approved 1/05/15 Katherine Rowe Ashfield NSW Greens Approved 1/05/15 Nathan McDonald Crookwell One Nation NSW Denied 1/05/15 Timothy Ashton Darlinghurst Liberal Party Approved 5/06/15 Mark Hoole Morisset Communist Party of Australia Approved 5/06/15 Chris Hopkins Belmore NSW Greens Approved 5/06/15 Gary McCarthy Bermagui Communist Party of Australia Approved 5/06/15 Lewis Meegan Gladesville ACT Greens Approved 5/06/15 David Orr Stanmore Australian Democrats Approved 5/06/15 Benjamin Picton Waverton Liberal Party Approved 5/06/15 Frederick Stark Glebe Pirate Party Approved 5/06/15 Sandra Tate Hamilton NSW Greens Approved 5/06/15 Nada Vlatko Chatswood Australian Democrats Approved 5/06/15 Xavier Walker Kurraba Point Liberal Party Approved 5/06/15 Mark Brandson Bowral One Nation Denied 5/06/15 Jacques Boutelet Croydon Palmer United Party Approved 3/07/15 Peggy Brown Wamberal Independent Approved 3/07/15

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Timothy Buckley Turramurra NSW Greens Approved 3/07/15 Ashleigh Cagney Mount Annan Liberal Party Approved 3/07/15 Nicole Davey Balgowlah NSW Greens Approved 3/07/15 Victor Taffa West Ryde Liberal Party/National Party/Australians for a Constitutional Monarchy Denied 3/07/15 Nathan Bradshaw Coogee NSW Greens Approved 7/08/15 Adrian Brown Randwick NSW Greens/Independent Approved 7/08/15 Katrina Ford Milperra Australian Democrats Approved 7/08/15 Anthony Joseph Woollahra Liberal Party/NSW Greens Approved 7/08/15 Carmen Lazar Bonnyrigg Heights Liberal Party Approved 7/08/15 Gareth Smith Byron Bay Nuclear Disarmament Party Referred to the Membership Sub-Committee 7/08/15 Amarjit Tanda Rosehill Independent Denied 7/08/15 Vivian Griffiths Wetherill Park NSW Greens Approved 4/09/15 Colin O’Brien Nunderi Australian Democrats Approved 4/09/15 Reaggan Ward Coffs Harbour Socialist Alternative Approved 4/09/15 Frank Webb Merrylands NSW Greens/Independent Approved 4/09/15 Andrea Zephyr Leichhardt NSW Greens Approved 4/09/15 Daniel Brown Parkes ACT Greens Approved 9/10/15 Stephen Goldberg Dulwich Hill NSW Greens Approved 9/10/15 Sargon Lazar Bonnyrigg Heights Liberal Party Approved 9/10/15 Raymond Pham Belmore Liberal Party Approved 9/10/15 Samantha Richards Bennells Bay Australian Democrats Approved 9/10/15 Sophie Robinson St Peters Socialist Equality Party Approved 9/10/15 Rasiah Selvakumaran Pemulwuy National Party Approved 9/10/15 Ronald Tucker Pemulwuy Liberal Party of Canada Approved 9/10/15 Aidan Galea Normanhurst NSW Greens Approved 6/11/15 Warren Loudon Tempe Future Party/Liberal Democrats Approved 6/11/15 Cory Parker Toormina Socialist Alliance Approved 6/11/15 Peter Jones Rathmines Australian Democrats Denied 6/11/15 Aaron Baldwin Manly Independent Approved 4/12/15

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CENTRAL POLICY BRANCH REPORT

The Central Policy Branch was established at the 2006 Conference by recommendation of the Party Rules Committee. Since its inception, the Branch has provided many inactive members with a means to increase their involvement in the Party. The ongoing events of Central Policy Branch have provided insightful policy discussion throughout the year and an opportunity for members to participate in debate outside of their regular branch meetings. We wish to thank Unions NSW for the ongoing use of the Trades Hall Auditorium as a regular meeting venue.

2014

JUNE 2014 OCTOBER 2014 Attendance: 42 Attendance: 12 Jessica Malnersic The October Central Policy Branch featured a discussion Jennifer Light about the Constitutional Recognition of Aboriginal and Georgia Keneally Torres Strait Islander Peoples. The meeting was addressed Amy Knox by leaders of the “Recognise” campaign and was the first The June Central Policy Branch was hosted by NSW meeting of the Online Branch. Young Labor and featured a discussion about the Abbott Government’s cuts to higher education. Guest speakers NOVEMBER 2014 included the President of NSW Young Labor, Jessica Attendance: 16 Malnersic, and the President of the Sydney University Dr Ghena Krayem SRC, Jennifer Light, National Union of Students Women’s Officer, Georgia Keneally and National Union of Students The November Central Policy Branch was addressed by NSW Branch Office Bearer, Amy Knox. Dr Ghena Krayem, an Islamic Law lecturer at the University of Sydney and was hosted by the Women’s Forum. AUGUST 2014 Attendance: 17 Hon Sophie Cotsis MLC 2015 Following the success of the Women in the ALP Dinner, FEBRUARY 2015 the NSW Labor Women’s Forum hosted the August Central Policy Branch. Attendance: 26 The February meeting of the Central Policy Branch was Guest speaker, Shadow Minister for Women, the Hon hosted by the LEARN Network and the Education Policy Sophie Cotsis MLC discussed the impact of the NSW Committee. The meeting featured a discussion about Coalition’s funding cuts to women’s refuge services. the importance of a strong education system in NSW. A number of our State candidates who are teachers SEPTEMBER 2014 joined us for a Q and A session to answer any questions Attendance: 24 members had about this important policy area. The September Central Policy Branch was hosted by the Labor Environment Action Network and included a discussion about Coal Seam Gas.

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APRIL 2015 AUGUST 2015 Attendance: 49 Attendance: 34 Greg Warren MP Jodi Harrison MP Prue Car MP The August meeting of the Central Policy Branch was Kate Washington MP hosted by the Women’s Forum and featured a discussion The April meeting of Central Policy Branch featured a about early childhood education. discussion with the newly elected Greg Warren, Prue Car and Kate Washington. The discussion focused on the The forum was addressed by a number of fantastic major policy challenges for Labor in these electorates into speakers including the NSW Shadow Minister for early the future. childhood education Jodi Harrison MP. Many of those in attendance were young mothers and fathers with MAY 2015 small children. The children in attendance also had the opportunity to get their face painted and thoroughly Attendance: 15 enjoyed the event! Richard Angell Jack Power SEPTEMBER 2015 Jenifer Light Attendance: 22 The May meeting of central Policy Branch facilitated a Alex Claassens discussion about the British General Election, with a video Linda Scott presentation by Richard Angell, director of Progress – a Ryan Park leading Think Tank in the United Kingdom. Peter Primrose We also had two speakers Jack Power and Jenifer Light Eamon Waterford who were part of an Australian delegation sent to assist The September meeting of the Central Policy Branch British Labor in their election efforts. was hosted by the Sustainable Communities Policy Committee and featured a discussion about the future of JUNE 2015 Local Government. There was rigorous discussion about Attendance: 41 best-practice, and policy directions regarding planning and development, environment policy, and other areas. Hon. Ed Husic MP Rebekah Campbell The meeting was facilitated by Alex Claassens and Linda The June meeting of the Central Policy Branch was hosted Scott and included special guests NSW Shadow Minister by Labor for Innovation. The branch heard from the Hon. for Transport Ryan Park, NSW Shadow Minister for Local Ed Husic and Rebekah Campbell about Labor’s renewed Government Peter Primrose and Eamon Waterford, Head focus on encouraging entrepreneurship and supporting of Strategy and Advocacy at Committee for Sydney. start-ups. OCTOBER 2015 JULY 2015 Cancelled Attendance: 30 NOVEMBER 2015 Jodi McKay MP Attendance: 45 Professor George Williams Todd Pinkerton Graham Freudenberg Troy Bramston The July meeting of Central Policy Branch was hosted by NSW Young Labor and featured a discussion with Todd The November meeting of the Central Policy branch was Pinkerton, President NSW Young Labor, Jodi McKay MP held on Monday 9 November to mark the 40th anniversary and Professor George Williams about lowering the voting of Gough Whitlam’s dismissal on 11 November 1975. age to 16 and other changes to the Constitution including Graham Freudenberg (Gough Whitlam’s Speechwriter) acknowledging Indigenous Australians. and Troy Bramston (co-author of the new ground-breaking book, The Dismissal: In The Queen’s Name) joined us to maintain the rage and discuss the event that shook a nation and still reverberates through Australian politics.

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NSW LABOR WOMEN’S FORUM CONFERENCE REPORT 2016

Since the last Conference in July 2014, highlights of NSW Labor Women’s Forum activities included the hugely popular Celebrating Women in the ALP Dinner. This fundraising event, spearheaded by Assistant General Secretary Kaila Murnain, featured a compelling address from former Premier Kristina Keneally. Fellow speakers included Senator Jenny McAllister, Hon Sophie Cotsis MLC and Jodie Harrison, soon after elected State Member for Lake Macquarie. Following the 2015 State Election, new Shadow Minister for the Status of Women Jodie Harrison MP hosted a meeting of the Forum at NSW Parliament. The meeting was well attended by both Forum members and Members of Parliament. This was a great opportunity to engage with many established and newly elected female representatives. Strong electoral performance from female candidates saw 15 NSW Labor women elected or re-elected to the Legislative Assembly. Well done to all female candidates and their campaign teams on formidable campaigns and in many cases, results that withstood broader electoral trends. Following the 2015 State Election, 44% of Labor Members of Parliament in the NSW Legislative Assembly are female. However, female representation amongst the NSW Labor Legislative Council cohort has declined to 33%. At the time of writing, preselections for the 2016 Federal Election are not yet concluded. In order to meet the rigorous and welcome requirements of Affirmative Action measures strengthened at the 2015 National Conference, it will be essential to ensure that women are well-represented amongst candidates preselected in remaining preselection rounds. Women currently make up 38% of NSW Labor Federal Members of the House of Representatives. With the appointment of Senator Jenny McAllister, NSW Labor attained 50% female representation in the Senate. Though the local government landscape is somewhat uncertain at present, it is essential that women’s representation is also enhanced at this significant level of government.

International Women’s Day The Sydney International Women’s Day March continues as a fixture of the NSW Labor Women’s Forum calendar. Female members attend in force, marching under the NSW Labor and Young Labor banners and with Trade Unions and community organisations. At the 2015 March, many Party members were also active in raising awareness of the devastating impact of Baird Government policy on women’s refuges and vulnerable women and children.

Branch Officials’ Training NSW Labor Women’s Forum Executive members also met with Branch Officials from across NSW at a training event for Branch Officials. Chair Elizabeth Scully, Deputy Chair Amy Smith and Secretary Danielle Bevins-Sundvall enjoyed the opportunity to share ideas with local Branch Presidents and Secretaries passionate about improving the participation of women at a local Branch level.

Central Policy Branch Labor Women’s Forum hosts an annual meeting of the Central Policy Branch. The Forum looks forward to these events which highlight a range of issues that impact upon women’s lives. Building on the 2014 meeting addressing Early Childhood Education and Care, the Forum hosted the August 2015 meeting of the Central Policy Branch on the topic, “Early Childhood Education: Why it matters and how NSW kids are missing out“. This special family-friendly meeting was held on a Saturday afternoon and featured free face-painting thanks to NSW Labor activist Luna Zivadinovic.

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The event, organised by NSW Labor Women’s Forum members Kirsten Andrews and Alison Thyer, featured guest speakers Jodie Harrison MP, Shadow Minister for Women and Early Childhood Education; United Voice Big Steps campaigner and Educator Bridgette Mitchell; Edward Cavanough, Policy Manager, McKell Institute and Gabby Holden, Practice Manager Policy & Quality, UnitingCare Children's Services. The discussion addressed matters including the life-changing impact of quality early childhood education and care for disadvantaged and vulnerable children, access to early childhood education for Aboriginal children and the imperative for investment in improved remuneration for the sector's dedicated workforce. Building on the themes of the discussion, a Conference motion has been put forward by the Ramsgate-Sans Souci and Ermington Branches.

Conference Event The Forum looks forward to continuing this active program with a State Conference Fringe event. See you there!

Thanks! The Forum has enjoyed generous support from elected representatives, affiliates, NSW Young Labor, individual activists and community members. Thank you to all those who have been involved!

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YOUNG LABOR REPORT FEBRUARY 2016

SUMMARY Since the last state conference Young Labor has gone from strength to strength delivering key support in state electorates right across New South Wales, often making the difference in winning key marginal seats. But though the State Election is now behind us the Federal Election could be called any moment and NSW Young Labor will not be caught off guard and that’s why we are focused heavily on recruiting and organising all year round to provide the necessary effort to elect the next Federal Labor Government.

RECRUITMENT GOALS Every year Young Labor sets ambitious targets for recruitment and this coming year will be no exception. Our biggest recruitment opportunity is just around the corner with university O-Weeks about to begin. Young Labor is more active on campus now than ever before, with Labor Student’s chapters going to be out in force right across the state to sign up the next generation of activists. With a federal election not far away Young Labor will be making full use of the $5 membership scheme to sign up more members this year than any year before. The best thing we can do to elect a Federal Labor Government is focus heavily on our responsibility to recruit the very best and brightest Labor supporters.

YOUNG LABOR CONFERENCE 2015 Within six months of the election of our new leadership team, Young Labor held our largest event of all, the NSW Young Labor Conference. Conference saw an unprecedented number of attendees take the time to debate the issues that matter most to them over a two-day period. Our conference saw an endorsement of a greater humanitarian target, condemned the Liberal’s attacks on penalty rates, supported the introduction of greater AA targets in Young Labor and the senior party and hosted Federal Labor Leader Bill Shorten as he gave his support to lower the voting age to 16. Our newly elected leadership team is fired up and ready to go for the Federal Election.

ORGANISING FOR OUR FUTURE At our Young Labor Conference we adopted an organising model that puts our action into context; we are Organising For Our Future. A continuous campaign model that gives Young Labor three key priorities: to train our members, elect our MPs and advocate on our policies. This three-pronged plans puts our hours of campaigning and hard work in a context of achieving the policies we care most about to become Labor policy and subsequently the law of the land.

TRAIN Young Labor is undertaking a vigorous training schedule, skilling our members up in the skills most necessary to thrive in the Labour movement. From public speaking competitions between our university clubs to grievance training for our leadership team, Young Labor is training it’s membership in the skills they need.

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ELECT Young Labor was at the forefront of the NSW State Election campaign providing field directors, regular volunteers and the additional of our Young Labor Flying Squad every weekend. Our members learnt a lot about grass roots campaigning during that campaign, skills we will to great use during the federal election. Already the Young Labor Flying Squad is up and running and has been campaigning in Kingsford Smith, Greenway, Lindsay, Eden-Monaro and Robertson. Getting great local Labor representatives elected is what drives Young Labor to keep up the fight right across the state.

ADVOCATE Our campaigning isn’t just confined to election time; Young Labor is always fighting for a better deal for young people. We’ve relaunch our Labor Students Network to work alongside our Women’s Network and Rainbow Young Labor Network to push for strong progressive policies to benefit university students, women and LGTBI youths. We’ve also launched our Young Labor For Multiculturalism campaign with Michael Rowland MP and Sophie Cotsis MLC to continue our campaign to reengage multicultural Australia with the Labor party. Already we’ve held events with the Chinese, Islamic, Jewish and Catholic communities of Sydney. Young Labor has also launched it’s Social Outreach; doing charitable works for our community. Young Labor has raised money for the Kids in Need foundation, Movember, held a blood drive and conducted fund-raising winter sleep outs. With everything we’ve done and have planned to do there’s never been a more exciting time to be in NSW Young Labor

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LIFE MEMBERSHIP NOMINATIONS 2016 CONFERENCE

Domenic Arena Craig Knowles Alan Ashton Edwin (Ted) Lambert Edward Baron Philip Lang Fay Beacham Gordon Langford John Beatty John MacBean Peter Beckinsale Tessa Mallos Jon Breen Adam Mandicos Robert Brien John McCracken Petar (Peter) Bubevski (Bubev) Nikola (Nik) Milenov Mary Bulman The Hon Grant McBride Leslie Burnett Kenneth McDonell The Hon David Campbell Jeanette McHugh Joyce Clague John McLean James Considine Colin McPherson Gordon Cooke Daryl Melham Aileen Davis Gertrude (Trudy) Mills-Evers Susan Deane Ilce Musarevski Christopher Develin Denis Nichols Marilyn Dodkin Ronald Page Neville Drane James Pearce Robert Elliot Robyn Price Jim Facchin Leo Price Colin Fisher Robert Quinn Christine Fisher Jennifer Raper Judith Fowler Andrew Reekie Peter French The Hon Andrew Refshauge Mary Gayner Leonard Reilly Wendy Gilmore Raymond Shorter Kayee Griffin Robert Stephens Patricia Hall Ursula Stephens Alexander Hamilton Imelda Stokes Jean Hamilton Elizabeth Symonds Moira Hamilton Trevor Urquhart Colin Haywood Peter Walmsley Rex Hoeben Thomas Webster John Jenkins Stewart West Neville Kelly Suzanne West Antony Kidman (posthumous Life Membership) Barry Wood Ronald Kilgour Philip Yeo Victoria King

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AUSTRALIAN LABOR PARTY (NSW BRANCH)

ABN 36 192 855 036

FINANCIAL REPORT

FOR THE YEAR ENDED 30 JUNE 2015

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AUSTRALIAN LABOR PARTY (NSW BRANCH)

FOR THE YEAR ENDED 30 JUNE 2015

CONTENTS

Members of the Administrative Committee’s Declaration 1

Independent Auditor’s Report 2

Statements of Profit or Loss and Other Comprehensive Income 4

Statements of Financial Position 5

Statements of Changes in Equity 6

Statements of Cash Flows 7

Notes to and Forming Part of the Financial Statements 8

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AUSTRALIAN LABOR PARTY (NSW BRANCH)

ABN 36 192 855 036

INDEPENDENT AUDITOR’S REPORT

To the members of Australian Labor Party (NSW Branch):

We have audited the accompanying financial report of Australian Labor Party (NSW Branch), (“the Party”), which comprises the consolidated statement of financial position as at 30 June 2015, the consolidated statement of profit or loss and other comprehensive income, the consolidated statement of changes in equity and the statement of cash flows for the year then ended, notes comprising a summary of significant accounting policies and other explanatory information and the consolidated entity. The consolidated entity comprises the Party and the entities it controlled at year’s end or from time to time during the financial year.

The Responsibility of the Administration Committee for the Financial Report

The Administrative Committee is responsible for the preparation and fair presentation of the financial report in accordance with Australian Accounting Standards – Reduced Disclosure Requirements and for such internal control as the Administrative Committee determines is necessary to enable the preparation and fair presentation of the financial report that is free from material misstatement, whether due to fraud or error.

Auditor’s Responsibility

Our responsibility is to express an opinion on the financial report based on our audit. We conducted our audit in accordance with Australian Auditing Standards. Those standards require that we comply with relevant ethical requirements relating to audit engagements and plan and perform the audit to obtain reasonable assurance whether the financial report is free from material misstatement.

An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial report. The procedures selected depend on the auditor’s judgement, including the assessment of the risks of material misstatement of the financial report, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the Party’s preparation and fair presentation of the financial report in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the Party’s and it’s controlled entities’ internal control. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of accounting estimates made by management, as well as evaluating the overall presentation of the financial report.

Our audit did not involve an analysis of the prudence of business decisions made by the Administrative Committee or management.

We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion.

Independence

In conducting our audit, we have complied with the independence requirements of the Australian professional accounting bodies.

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INDEPENDENT AUDITOR’S REPORT

AUSTRALIAN LABOR PARTY (NSW BRANCH)

ABN 36 192 855 036

INDEPENDENT AUDITOR’S REPORT (continued)

Auditor’s Opinion

In our opinion, the financial report of Australian Labor Party (NSW Branch) presents fairly, in all material respects, the financial position of the consolidated entity as at 30 June 2015, and of its performance and its cash flows for the year then ended in accordance with Australian Accounting Standards – Reduced Disclosure Requirements.

HLB Mann Judd A G Smith Chartered Accountants Partner

Sydney, NSW 2 November 2015

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AUSTRALIAN LABOR PARTY (NSW BRANCH)

STATEMENT OF PROFIT OR LOSS AND OTHER COMPREHENSIVE INCOME FOR THE YEAR ENDED 30 JUNE 2015

Consolidated Note 2015 2014 $ $ REVENUE AND OTHER INCOME FROM CONTINUING OPERATIONS Membership fees 462,761 471,447 Function and events 617,620 672,162 Labor Business Dialogue 125,758 141,591 Federal, State and Local Government Levies 561,944 565,976 Public Funding Revenue 10,131,421 67,175 Administration funding public funding revenue 3,713,901 2,820,099 Union affiliation fees 1,348,419 1,417,548 Donations 179,856 1,057,810 Trust distributions 32,563 - Interest 54,004 44,959 Other revenue 235,107 339,292 Chifley Forum 52,018 60,670 State conference 137,838 -

17,653,210 7,658,729

Direct costs 2 303,664 390,414

OTHER EXPENSES State election campaign 10,906,734 178,164 Local government campaign 23,917 3,970 State conference 415,575 - Federal election campaign 118,322 1,602,292 Accounting and auditing 163,044 99,972 Communication costs 376,456 301,138 Legal and consultants 162,897 351,134 Depreciation 7 80,877 80,961 Employee benefits expense 2,559,996 2,169,418 Information technology 467,981 490,326 Insurance 71,048 66,089 Rent and other occupancy expenses 179,525 173,518 Office expenses 258,152 242,993 Motor vehicle expenses 68,975 67,575 Travel and accommodation 185,887 228,486 National Secretariat 231,366 220,982 Borrowing costs expense - interest 24,475 93,498 Other expenses 59,684 130,995

Total other expenses 16,354,911 6,501,511

Surplus before income tax 994,635 766,804

Income tax expense/(income) 5 - -

Net surplus for the year 994,635 766,804

Other comprehensive income - -

Total comprehensive income for the year 994,635 766,804

The above statement of profit or loss and other comprehensive income should be read in conjunction with the accompanying notes.

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AUSTRALIAN LABOR PARTY (NSW BRANCH)

STATEMENT OF FINANCIAL POSITION FOR THE YEAR ENDED 30 JUNE 2015

Notes Consolidated 2015 2014 $ $ CURRENT ASSETS Cash and cash equivalents 11 1,511,159 2,217,761 Trade and other receivables 6 3,886,946 1,313,783

TOTAL CURRENT ASSETS 5,398,105 3,531,544

NON-CURRENT ASSETS Property, plant and equipment 7 189,911 193,830

TOTAL NON-CURRENT ASSETS 189,911 193,830

TOTAL ASSETS 5,588,016 3,725,374

CURRENT LIABILITIES Trade and other payables 9 1,955,347 1,817,030 Employee entitlements 10 383,460 422,735 Borrowings 12 1,193,031 500,000

TOTAL CURRENT LIABILITIES 3,531,838 2,739,765

NON CURRENT LIABILITIES Employee entitlements 10 75,934 -

TOTAL NON CURRENT LIABILITIES 75,934 -

TOTAL LIABILITIES 3,607,772 2,739,765

NET ASSETS 1,980,244 985,609

EQUITY Accumulated surplus 1,980,244 985,609

TOTAL EQUITY 1,980,244 985,609

The above statement of financial position should be read in conjunction with the accompanying notes.

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AUSTRALIAN LABOR PARTY (NSW BRANCH)

STATEMENT OF CHANGES IN EQUITY FOR THE YEAR ENDED 30 JUNE 2015

Accumulated Total Surplus $ $

CONSOLIDATED ENTITY

Balance at 30 June 2013 218,805 218,805

Total comprehensive income for the year 766,804 766,804

Balance at 30 June 2014 985,609 985,609

Total comprehensive income for the year 994,635 994,635

Balance at 30 June 2015 1,980,244 1,980,244

The above statement of changes in equity should be read in conjunction with the accompanying notes.

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AUSTRALIAN LABOR PARTY (NSW BRANCH)

STATEMENT OF CASH FLOWS FOR THE YEAR ENDED 30 JUNE 2015

Notes Consolidated 2015 2014 $ $

Cash flows from operating activities

Receipts from: Trade Unions 1,398,731 1,619,769 Membership fees 508,313 533,274 Donations and fundraising 1,233,505 1,913,285 Interest received 54,004 49,038 Parliamentary levies 555,347 549,664 Administration funding received 3,774,275 3,543,150 Election funding 7,122,646 67,175 Other receipts 329,658 259,159 Payments to suppliers and employees (16,304,349) (7,377,326)

Net cash provided/ (used) by operating activities (1,327,870) 1,157,188

Cash flow from investing activities

Proceeds on sale of fixed assets 10,994 17,945 Acquisition of property, plant and equipment (82,757) (69,421)

Net cash (used) in investing activities (71,763) (51,476)

Cash flow from financing activities

Repayment of borrowings (500,000) (1,250,000)

Net cash (used) in financing activities (500,000) (1,250,000)

Net increase (decrease) in cash held (1,899,633) (144,288)

Cash at the beginning of the year 2,217,761 2,362,049

Cash at the end of the year 11 318,128 2,217,761

The above statement of cash flows should be read in conjunction with the accompanying notes.

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NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2015

1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES

The principal accounting polices adopted in the preparation of the financial report are set out below. These policies have been consistently applied to all the years presented, unless otherwise stated. The financial report is presented in Australian currency. The financial statements are for the consolidated entity consisting of Australian Labor Party (NSW Branch) and its subsidiaries. Financial statements for the parent entity have not been prepared as the parent information would be identical to the information disclosed for the consolidated entity.

Australian Labor Party (NSW Branch) (referred to as “the Party”) is an unincorporated association. Its principal place of business is: Level 9 377 Sussex Street SYDNEY NSW 2000

The following is a summary of the material accounting policies adopted by the organisation in the preparation of the financial report. The accounting policies have been consistently applied, unless otherwise stated. Comparative information has been reclassified where appropriate to enhance comparability.

(a) Basis of Preparation

This general purpose financial report has been prepared in accordance with Australian Accounting Standards – Reduced Disclosure Requirements and other authoritative pronouncements of the Australian Accounting Standards Board. The Party is a not-for-profit entity for financial reporting purposes under Australian Accounting Standards.

Historical cost convention These financial statements have been prepared under the historical cost convention.

Critical Accounting Estimates & Judgements The preparation of financial statements in conformity with Australian Accounting Standards – Reduced Disclosure Requirements, requires the use of critical accounting estimates. It also requires management to exercise judgement in the process of applying the entity’s accounting policies. There are no areas involving a higher degree of judgement or complexity, or areas where assumptions and estimates are significant to the financial statements.

(b) Principles of consolidation

The consolidated financial statements incorporate the assets and liabilities of all entities controlled by Australian Labor Party (NSW Branch) at 30 June 2015 and the results of all controlled entities for the year then ended. Australian Labor Party (NSW Branch) and its controlled entities together are referred to in this financial report as the “consolidated entity”. The effects of all transactions between entities in the consolidated entity are eliminated.

Where control of an entity is obtained during a financial year, its results are included in profit or loss from the date on which control commences. Where control of an entity ceases during a financial year its results are included for that part of the year during which control existed.

The Party has applied AASB 10 Consolidated Financial Statements for the first time for the year ended 30 June 2015. Under AASB 10, an investor controls an investee when it is exposed, or has rights, to variable returns from its involvement with the investee and has the ability to affect those returns over the investee.

The members of the Administrative Committee are of the opinion that Australian Labor Party (NSW Branch) does not have control over Local Branches, Federal Election Council and Local Council Committees as the Party is not exposed, or does not have rights, to variable returns from its involvements with these entities and does not have the ability to affect those returns over those entities.

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1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (cont’d)

For purposes of the statement of cash flows, cash includes deposits at call which are readily convertible to cash on hand and subject to an insignificant risk of changes in value and bank overdrafts. Bank overdrafts are shown within borrowings in current liabilities in the statement of financial position.

(d) Property

All property of the consolidated entity is vested in three Trustees elected by the members.

(e) Plant and Equipment

Plant and equipment is measured at cost. The carrying amount of plant and equipment is reviewed annually by the members of the Administrative Committee to ensure it is not in excess of the recoverable amount for those assets. The recoverable amount is assessed on the basis of the expected net cash flows which will be received from the assets’ employment and subsequent disposal.

The depreciable amounts of all fixed assets are depreciated over their estimated useful lives to the Party commencing from the time the asset is held ready for use. The assets’ residual values and useful lives are reviewed, and adjusted if appropriate, at each balance sheet date.

The estimate useful lives of each class of depreciable assets are as follows:

Leasehold improvements 6 years Office furniture & fittings 3 - 6 years Office machines & computers 3.75 years Motor vehicles 6.67 years

Gains and losses on disposal are determined by comparing proceeds with carrying amount. These are included in surplus or deficit for the year.

(f) Income Tax

Much of the income of the entity is “mutual” income as defined in tax law, whereby income from member sources is tax exempt. Taxable income includes income derived from non-member sources after deducting expenditure incurred in deriving that income.

The income tax expense or benefit for the period is the tax payable or recoverable on the current period’s taxable income based on the national income tax rate adjusted by changes in deferred tax assets and liabilities attributable to temporary differences between the tax bases of assets and liabilities and their carrying amounts in the financial statements, and to unused tax losses.

Deferred tax assets and liabilities are recognised for temporary differences at the tax rates expected to apply when the assets are recovered or liabilities are settled, based on those tax rates which are enacted or substantively enacted. The relevant tax rates are applied to the cumulative amounts of deductible and taxable temporary differences to measure the deferred tax asset or liability. An exception is made for certain temporary differences arising from the initial recognition of an asset or a liability.

No deferred tax asset or liability is recognised in relation to these temporary differences if they arose in a transaction, other than a business combination, that at the time of the transaction did not affect either accounting profit or taxable profit or loss.

Deferred tax assets are recognised for deductible temporary differences and unused tax losses only if it is probable that future taxable amounts will be available to utilise those temporary differences and losses.

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1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (cont’d)

(f) Income tax (cont’d)

The Party has agreed to pay an amount to the Australian Taxation Office (“ATO”) on behalf of the Local Branches, State and Federal Electoral Councils and Local Government Committees (“Branches, Councils and Committees”). The amount agreed to be paid is based upon the information forwarded by the Branches, Councils and Committees. The Branches, Councils and Committees are responsible for the accuracy of the information forwarded to the Party. The Party is not responsible for any tax liabilities of the Branches, Councils and Committees. Any changes to the amount agreed to be paid to the ATO as a result of errors in the information forwarded by the Branches, Councils and Committees is the responsibility of the respective Branches, Councils and Committees and not the Party.

(g) Employee Entitlements

(i) Wages and Salaries and Annual Leave

Liabilities for wages, salaries and annual leave are recognised in the accrual for employee entitlements in respect of employees' services up to the reporting date and are measured at the amounts expected to be paid when the liabilities are settled.

(ii) Long Service Leave

All staff are entitled to 13 weeks long service leave after reaching 15 years of service with the Party, and are legally entitled to a pro-rata amount after reaching 10 years of service.

The liability for long service expected to be settled is measured based on remuneration rates current as at balance date for all employees with 5 or more years of service.

The members of the Administrative Committee believe that this method provides an estimate of the liability that is not materially different from the estimate that would be obtained by using the present value basis of measurement.

(h) Leases

A distinction is made between finance leases which effectively transfer from the lessor to the lessee substantially all the risks and benefits incident to ownership of leased non-current assets, and operating leases under which the lessor effectively retains substantially all such risks and benefits.

Finance leases are capitalised. A lease asset and liability are established at the present value of minimum lease payments. Lease payments are allocated between the principal component of the lease liability and the interest expense.

The leased assets are amortised on a straight line basis over the term of the lease, or where it is likely that the entity will obtain ownership of the asset, the life of the asset.

Lease payments for operating leases, where substantially all the risks and benefits remain with the lessor, are charged to expense in the periods in which they are incurred.

(i) Revenue

Revenue is measured at the fair value of the consideration received or receivable. Amounts disclosed as revenue are net of returns, trade allowances and duties and taxes paid. Revenue is recognised for the major business activities as follows:

Donations Revenue received from donations is brought to account on a cash received basis.

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1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (cont’d)

(i) Revenue (cont’d)

Interest and trust distribution revenue Interest revenue is recognised on an accrual basis taking into account the interest rates applicable to the financial assets. Trust distribution revenue is recognised when the right to receive payment is established.

Membership and affiliation fees revenue Membership subscription revenue is recognised following the receipt of membership renewal applications. Any revenue received during the current or prior financial years that relates to future financial years is deferred as membership fees received in advance.

Administration Funding Under Part 6A of Election Funding, Expenditure and Disclosures Act 1981 (“the Act”), each year the Party is entitled to claim an amount representing expenditure incurred by the Party for the period 1 January to 31 December that is administration and operating expenditure from the Administration Fund. Management have been able to estimate the amount of such funding that the Party will be able to claim that relates to the period 1 January to 30 June each year. This amount has been included in receivables (note 6).

Public Funding Under s58 of the Act, the Party is entitled to claim an eligible amount of electoral communication expenditure incurred by the Party in connection with an Assembly general election or a periodic Council election from the Administration Fund. Public funding revenue the party is entitled to is recognised in the period the Party incurs the respective electoral communication expenditure. Public funding revenue recorded in the financial statements for the year ended 30 June 2015 is mostly in relation to the 2015 State Election.

Other revenue Other revenue is recognised as it becomes due and receivable.

(j) Goods and Services Tax (GST)

Revenues, expenses and assets are recognised net of the amount of GST, except where the amount of GST incurred is not recoverable from the Australian Tax Office. In these circumstances the GST is recognised as part of acquisition of the asset or as part of an item of the expense. Receivables and payables in the statement of financial position are shown inclusive of GST.

(k) Impairment of Assets

Assets that have an indefinite useful life are not subject to amortisation and are tested annually for impairment. Assets that are subject to amortisation are reviewed for impairment whenever events or changes in circumstances indicate that the carrying amount may not be recoverable. An impairment loss is recognised for the amount by which the asset’s carrying amount exceeds its recoverable amount. The recoverable amount is the higher of an asset’s fair value less costs to sell and its value in use. Value in use is taken to be the depreciated replacement cost of the asset concerned.

(l) Trade and other receivables

All receivables are recognised at the amounts receivable as they are due for settlement within 30 days.

Collectability is reviewed on an ongoing basis. Debts which are known to be uncollectible are written off. An allowance for doubtful debts is raised where some doubt as to collection exists.

(m) Trade and other payables

Trade payables represent unpaid amounts for goods and services provided to the entity prior to the end of the financial year. The amounts are unsecured.

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NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2015

1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (cont’d)

(n) Going Concern

The financial statements are prepared on a going concern basis. At balance date, the consolidated entity had an excess of total assets over total liabilities of $1,980,244 (2014: $985,609) and an excess of current assets over current liabilities of $1,866,267 (2014: $791,779). For the year ended 30 June 2015, the consolidated entity generated a surplus of $994,635 (2014: $766,804).

Management consider that the consolidated entity has sufficient cash to meet its debts as and when they fall due and payable.

The nature of political parties is such that during election campaigns, there is additional non-recurring expenditure required to fund these campaigns, and that this expenditure may exceed the revenue generated by the entity during the campaigns.

Management have advised that they will continually review cash levels to ensure that the consolidated entity does not incur expenses that will result in the consolidated entity not being able to meet their debts as and when they become due and payable.

Accordingly, management believe that it is appropriate to prepare the financial statements on a going concern basis.

Consolidated 2015 2014 $ $

2. DIRECT COSTS

Membership direct expenses 46,675 55,757 Function and event expenses 256,745 326,977 Labor Business Dialogue expenses 244 3,305 Chifley Forum - 4,375

Total direct costs 303,664 390,414

3. DONATIONS FROM NSW LABOR CAMPAIGN INVESTMENT PTY LIMITED

Australian Labor Party (NSW Branch) is a beneficiary of The Labor Council/ALP Trust ("the Trust"). During the year ended 30 June 2008, Australian Labor Party (NSW Branch) authorised and directed the ALP Trustees that any distribution of the assets of the Trust payable to Australian Labor Party (NSW Branch) should be paid to NSW Labor Campaign Investment Pty Limited until such time as the authority and direction is withdrawn. NSW Labor Campaign Pty Limited is not a capital beneficiary of the Trust.

The financial statements of Australian Labor Party (NSW Branch) reflect the economic substance of the above rather than the legal form. Accordingly, any distribution of assets made by the Trust to NSW Labor Campaign Investment Pty Limited is not recorded in the financial statements of Australian Labor Party (NSW Branch).

Resolutions made by the directors of NSW Labor Campaign Investment Pty Limited to donate amounts to Australian Labor Party (NSW Branch) are recorded in the financial statements of Australian Labor Party (NSW Branch) as donations.

The financial statements for the year ended 30 June 2015 include a donation from NSW Labor Campaign Investment Pty Limited of $18,687 (2014: $Nil).

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NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2015

Consolidated 2015 2014 $ $ 4. SURPLUS BEFORE INCOME TAX EXPENSE

Surplus before income tax has been determined after the following expenses:

Operating lease expenses - rent paid 179,525 173,518 Auditor’s Remuneration - Audit of financial statements 52,000 51,000 - Review of claim for payment – 2015 State Elections 24,800 - - Review of Political Donations and Electoral Expenditure Declarations for Elected Members, Candidates and Political Parties 90,000 36,685 - Taxation services 8,800 6,950 - Review of Declaration of Expenditure for Administration Purposes 5,600 5,600

5. INCOME TAX

The prima facie tax on surplus from continuing operations before income tax is reconciled to the income tax expense as follows:

Prima facie tax payable on surplus before income tax at 30% 298,391 230,041

Add net tax effect of: - non deductible expenses/mutual items not assessable (453,548) (444,484) - income tax payable on non mutual income less expenditure incurred by Local Branches, State and Federation Election Councils and Local Government Committees (note 1 (f)) 1,312 25,747 - deferred tax assets not recognised on temporary differences/ tax losses 153,845 188,696

(298,391) (230,041)

Income tax expense - -

Tax losses

As at 30 June 2015, the Party had unused tax losses of $1,813,475 (2014: $1,288,794) to be carried forward against future taxable income. No deferred tax benefit has been recognised in relation to these unused tax losses. At year end, the potential tax benefit on these unused tax losses, calculated at 30% is:

544,042 386,638

6. TRADE AND OTHER RECEIVABLES

CURRENT Trade and other receivables 110,814 357,980 GST refund 20,217 - Public Funding – note (i) 3,660,751 712,350 Prepayments & other receivables 71,309 88,934 Deposits 23,855 154,519

3,886,946 1,313,783

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NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2015

6. TRADE AND OTHER RECEIVABLES (cont’d)

Note (i) Public Funding receivables consists of: - $651,975 (2014: $712,350), consisting of public funding due from the Administration Fund under Part 6A of Election Funding, Expenditure and Disclosures Act 1981; - $3,008,776 (2014: $Nil), consisting of public funding due under s58 of Election Funding, Expenditure and Disclosures Act 1981.

As at 30 June 2015 there were no amounts considered doubtful (2014: $Nil).

As at 30 June 2015, trade receivables of $108,070 (2014: $208,760) were past due but not impaired. These relate to a number of independent persons or entities for whom there is no recent history of default, and payment is expected in full. The ageing analysis of these trade receivables is:

30 June 30 June 2015 2014

Over 30 days 39,235 145,269 Over 60 days 7,185 39,649 Over 90 days 61,650 23,842

108,070 208,760

Consolidated 2015 2014 $ $ 7. PROPERTY, PLANT AND EQUIPMENT

Office Machines and Computers At cost 594,046 531,112 Accumulated depreciation (503,413) (461,946)

90,633 69,166

Office Furniture and Fittings At cost 220,239 200,417 Accumulated depreciation (145,713) (123,088)

74,526 77,329 Leasehold Improvements At cost 166,977 166,977 Accumulated depreciation (166,977) (166,977)

- -

Motor Vehicles At cost 113,942 143,166 Accumulated depreciation (89,190) (95,831)

24,752 47,335

Total Property, Plant and Equipment At cost 1,095,204 1,041,672 Accumulated depreciation (905,293) (847,842)

189,911 193,830

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NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2015

7. PROPERTY, PLANT AND EQUIPMENT (cont’d)

(a) Movements in carrying amounts

Movement in the carrying amounts for each class of property, plant and equipment between the beginning and the end of the financial year for the consolidated entity are as follows:

Office Office Leasehold Furniture Machines & Motor Improvements & Fittings Computers Vehicles Total $ $ $ $ $

Balance at the beginning of the year - 77,329 69,166 47,335 193,830 Additions - 19,822 62,935 - 82,757 Disposals - - - (5,799) (5,799) Depreciation - (22,625) (41,468) (16,784) (80,877)

Carrying amount at the end of the year - 74,526 90,633 24,752 189,911

8. CONTROLLED ENTITIES

Controlled entities at year end are as follows: Country of Percentage Owned incorporation 2015 2014

Subsidiaries of ALP (NSW Branch): ALP (Gifts) Pty Limited Australia 100% 100%

Consolidated 2015 2014 $ $ 9. TRADE AND OTHER PAYABLES

CURRENT Creditors and accrued expenses 1,028,293 612,144 GST Payable - 6,032 Membership fees received in advance 350,749 350,140 Other revenue received in advance 576,305 848,714

1,955,347 1,817,030

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NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2015

Consolidated 2015 2014 10. EMPLOYEE ENTITLEMENTS

CURRENT Annual leave 377,464 348,540 Long service leave - 67,320 Other entitlements 5,996 6,875

383,460 422,735 NON CURRENT Long service leave 75,934 -

11. CASH AND CASH EQUIVALENTS

Cash and cash equivalents 1,511,159 2,217,761

Reconciliation to cash at the end of the year: The above balances are reconciled to cash at the end of the financial year as shown in the statement of cash flows as follows:

Balances per above 1,511,159 2,217,761 Bank overdraft (note 12) (1,193,031) -

318,128 2,217,761

12. BORROWINGS

CURRENT – UNSECURED Bank overdraft 1,193,031 - Loans from trade unions - 500,000

1,193,031 500,000

During the year ended 30 June 2015, the Party repaid $500,000 outstanding to trade union as at 30 June 2014.

13. DONATIONS

The Party receives donations and these have been included as revenue. The members of the Administrative Committee believe that there are adequate controls in place to ensure that all donations received are recorded in the financial records of the Party and that the risk of material amounts of unsolicited donations not being recorded by the Party is low.

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14. ADMINISTRATIVE COMMITTEE

The Administrative Committee is responsible for the management and administration of the Party between Conferences (Rule D1). Members of the Administrative Committee during the year ended 30 June 2015 were as follows:

M. Aird (appointed 7 November 2014) J. McAllister (resigned 1 May 2015) G. Ambroisine (appointed 1 May 2015) H. McDermott (ceased 26 July 2014) K. Andrews K. McKeown T. Ayres S. McManus (resigned 1 May 2015) D. Bevins-Sundvall (ceased 26 July 2014) J. Metcher M. Boyd D. Minnis (ceased 26 July 2014) C. Burton (appointed 7 November 2014) M. Morey (elected 26 July 2014) S. Butler T. Moriarty P. Car (resigned 10 April 2015) G. Morrison (ceased 26 July 2014) A. Claassens S. Moselmane (SPLP Leader’s Representative) J. Clements K. Murnain R. Collison B. Nebart A. D’Adam D. Ogden (elected 26 July 2014) J. Davidson (elected 26 July 2015) D. O’Neill G. Derrick S. Pengelly G. Dwyer J. Primrose A. Fazio (ceased 26 July 2014) E. Scully (resigned 6 February 2015) V. Firth (appointed 5 June 2015) P. Sekfy W. Forno (resigned 10 October 2014) T. Sheldon M. Forshaw J. Schofield (ceased 26 July 2014) J. Graham J. Tarrant C. Hayes (FPLP Leader’s Representative) A. Thanapongskaorn (appointed 10 April 2015) E. Husar (elected 1 May 2015) V. Thomson (resigned August 2014) J. Johnson (elected 26 July 2014) J. Tierney G. Kelly M. Tulloch G. Kelly P. Ward N. Lang (appointed 5 June 2015) K. Washington (resigned 10 April 2015) D. Langton (resigned 10 October 2014) S. West (elected 26 July 2014) M. Lennon M. Wheeler (elected 26 July 2014) R. Mallia L. Whitington (elected 26 July 2014) J. Malnersic (elected 26 July 2014)

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15. KEY MANAGEMENT PERSONNEL REMUNERATION

Key management personnel compensation is set out below. The key management personnel are members of the Administrative Committee, and management with authority for planning, directing and controlling the activities of the consolidated entity.

Total $

Year ended 30 June 2015 591,284

Year ended 30 June 2014 581,632

Other transactions with related parties Key management personnel have paid membership subscriptions based on normal terms and conditions, and have made donations and/or paid for attending functions and events on normal rates.

16. CONTINGENT ASSETS/LIABILITIES

The Rules of the Party state that if for any reason a Branch, Council or Local Government Committee ceases to exist all funds, books, documents and other materials become the property of the Australian Labor Party (NSW Branch). At year end, the Party is not aware of any Branch, Council or Local Government Committee with any assets or liabilities ceasing to exist.

The members of the Administrative Committee are not aware of any reason why any Branch, Council or Local Government Committee would cease to exist and, accordingly, believe that the risk of any Branch, Council or Local Government Committee ceasing to exist, and therefore any contingent asset or liability crystalling, is low.

Accordingly, the members of the Administrative Committee have not calculated the impact that would occur should any Branch, Council or Local Government Committee cease to exist.

17. CURRENT TAX LIABILITIES

As stated in note 1(f), the Party has agreed to pay an amount to the Australian Taxation Office (“ATO”) on behalf of the Local Branches, State and Federal Electoral Councils and Local Government Committees (“Branches, Councils and Committees”). The amount agreed to be paid is based upon the information forwarded by the Branches, Councils and Committees. The Branches, Councils and Committees are responsible for the accuracy of the information forwarded to the Party. The Party is not responsible for any tax liabilities of the Branches, Councils and Committees. Any changes to the amount agreed to be paid to the ATO as a result of errors in the information forwarded by the Branches, Councils and Committees is the responsibility of the respective Branches, Councils and Committees and not the Party.

Included as taxable income and therefore reducing the Party’s tax loss at year end is an amount of $4,373 (resulting in tax payable at 30% of $1,312) (2014: taxable income of $85,823, resulting in tax payable at 30% of $25,747), where the tax payable represents the amount agreed to be paid by the Party to the ATO on behalf of the Branches, Councils and Committees.

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18. FEDERAL ELECTION CAMPAIGN

The Party receives monies and incurs expenses in relation to the Australian Labor Party’s Federal Campaign. Any monies received in relation to a Federal Election Campaign must be spent on the administration of a Federal Election Campaign by the Party.

During the year the Party received donations of $136,040 (2014: $1,277,500) in relation to a Federal Election Campaign. Any amounts received in relation to a Federal Election Campaign are banked in a separate bank account and any expenditure in relation to a Federal Election Campaign is spent from the separate bank account. At 30 June 2015, cash at bank in relation to a Federal Election Campaign held by the Party was $228,873 (2014: $77,925).

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A HEALTHY SOCIETY

Labor has a proud history of building a strong and funded community care is being stretched to the limit; the inclusive health system in NSW that is amongst the best in Child and Family Counselling Service which has only one the world and NSW has often led the nation in quality and psychologist for 15,300 children at risk (1 to 5,000 is good availability of health and hospital care. Labor established practice). A nurse from Murwillumbah who told us how the the Pharmaceutical Benefits Scheme under Ben Chifley; community fought against the closure of obstetric services Medibank under Gough Whitlam; and Medicare under Dr at their hospital, the Liberals agreed to keep this open Neal Blewett and Bob Hawke. under the most stringent conditions, new mothers must be discharged within 4 hours of giving birth. Sadly, our system is under attack from funding cuts by both the Federal and State Liberal Governments; reducing Notwithstanding this adversity, our community is the quality and timeliness of clinical care and driving up innovating to tackle some of the greatest challenges we costs in other parts of the health system. The Liberals and face: Nationals at the State level have slashed $3 billion from ■ GPs in Mt Druitt teamed up with the local community the health and hospital system – and at the national level, health organisation and a high school to prevent the Federal Government has ripped out $17 billion from childhood obesity through the Students as Lifestyle the system. Activists program which costs between $3-$10 per The NSW Labor Policy Committee for a Healthy Society student and has now been rolled out to 19 schools consulted with doctors, nurses, paramedics and other in Sydney and is being taken up internationally; healthcare professionals and organisations, and Labor ■ A Hospital in the Home community nurse serves the Party members regarding their first-hand experience of the over-65 community on the North Coast and saves healthcare system in NSW and their vision. the Port Macquarie Base Hospital $1.5 million a year The Committee met with 26 healthcare workers and in reduced admissions; and healthcare organisations, three health unions, 15 ALP ■ Former emergency department nurses operate the members across six Branches, three State Electorate community nursing service in the Tweed area; 65 per Councils, one Federal Electorate Council and seven cent of the patients they treat would have otherwise State Members of Parliament. Meetings were hosted at presented to an emergency department. St Mary’s in Sydney’s Western suburbs, Wyong on the Central Coast, and at Tweed Heads. These programs are working. They are keeping people healthy and in their own homes. NSW Labor will support The same themes kept coming through. Labor needs to: effective community healthcare programs instead of ■ Prevent people from having to go to hospital and slashing their funding. emergency departments; NSW Labor will keep registered nurses in residential ■ Improve the experience people have when they are aged care facilities keeping our elderly safe and reducing in NSW hospitals; and hospital admissions - meeting community expectations. Research tells us that elderly people do poorly in hospital ■ Keep them safe and well at home. environments. Better health outcomes for our elderly can The key to achieving these goals is further investment be achieved by ensuring residential aged care facilities in community health programs, including palliative are resourced with registered nurses and public in-reach care services and in-reach support to residential aged support services, whilst reducing expensive hospital care facilities, resourced with appropriate health care stay costs, where each night in hospital costs the NSW professionals. taxpayer $1160. NSW Labor will fight to keep registered nurses in aged care facilities 24 hours a day, 7 days a Health affects our standard of living, our employment, week. our relationships and how we participate in the social and economic life of our State. We need to focus on keeping NSW Labor will also prioritise solutions to ‘bed block’. people well through preventative health programs and In August, all of the 11 ambulance crews on the Central effective community care. Coast were queued outside Wyong and Gosford Hospitals for over 2 hours waiting to offload patients. At the same The Federal Liberal-National Government has cut a time, four 000 calls were left waiting. massive $360 million from preventative health programs and the State Liberal Government is demanding Bed block also affects patients who do not arrive by community health services deliver more with less. State

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ambulance. In western Sydney hospitals – which are PLATFORM AMENDMENTS Australia’s busiest – 52% of patients are waiting longer than four hours. The national benchmark states that 81% 1. KINGS CROSS BRANCH of patients must be admitted, treated or discharged within four hours. In Chapter 6, under the heading ‘Promoting a Healthy Society,’ after para 6.29 add new para (and renumber Hospital re-admissions contribute to bed block, cause accordingly): distress and disruption to patients’ lives and have a massive financial impact on the health budget. Many NSW Labor will move to ban so-called ‘ex-gay therapy’ readmissions are completely avoidable with some 30% of (a practice which attempts to ‘convert’ LGBT people into admissions deemed avoidable, if a patient had access to a being heterosexual and/or cisgender). This will include GP in the previous three weeks. introducing a criminal offence for people conducting ex- gay therapy, with an aggravated offence, including higher The Liberal-National State Government takes a narrow penalties, where it involves people under the age of 18. view to bed block by trying to change internal hospital NSW Labor will also investigate the possible deregistration processes. NSW Labor recognises that a major part of the of any counsellors, psychologists or other registered solution is investment in community health care. medical professionals involved in the practice of ex-gay Every consumer group we consulted spoke of the therapy. additional stress and cost they experienced – parking, Recommendation: Note. quality of food – these all add pressure on families with Refer back to Shadow Attorney-General. a loved one in hospital. Labor knows that service quality plummets when these services are outsourced. NSW Labor will oppose the outsourcing and privatisation of public health services and employment. Budget cuts made by Liberal-National State and Federal governments to our healthcare system are hitting the most vulnerable people – those who rely on the public health system, who live in less affluent areas, and who are chronically ill. The Committee believes that nobody should be denied the opportunity to live a healthy life due to the inaction of government. Whether you choose to live in Waverley, Wiley Park or Walgett, you should be supported to make healthy lifestyle choices, stay well and get effective, timely treatment if you need it.

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AGENDA ITEMS 3. LEAN Energy efficiency in public hospitals 1. TOONGABBIE BRANCH A NSW Labor Government will deploy energy efficient Extending Age Range For Free Breast Screening lighting to all public hospitals with savings directed to health services in the local area. That the NSW Annual Conference requests that the Federal Government increase the age range that applies Recommendation: for its free annual screening of women for breast cancer to Refer to the Shadow Minister for Better Regulation. an age range of 40 years to 80 years of age at a minimum. The Committee notes that where energy efficient lighting can be used, lighting standards should be Ideally, if funding was provided all women from age 20 such that there are no negative impacts on the years to 85 years of age should be screened annually. delivery of clinical outcomes. Recommendation: Reject. We note that whilst the target age group for the 4. WAGGA WAGGA BRANCH BreastScreen NSW service is women aged 50-74 Primary Health Networks to be allowed to directly deliver years, currently the service also provides upon health services, especially in regional and rural areas request free access to all women over 40 years and where market failure is often the norm. over 74 years. Breast self-examination (BSE) is best practice for women under 40 years. Recommendation: Refer to National Policy Forum suggesting 2. TOONGABBIE BRANCH consideration for Primary Health Networks to pilot developing partnerships enabling the networks to be That the NSW Annual Conference: co-providers in instances where there is no service ■ Acknowledge that all residents in nursing homes provision in regional/rural areas. should be provided with quality care led by registered nurses; 5. WAGGA WAGGA BRANCH

■ Note with concern the potential risk to residents of A patient who is discharged from a mental health facility nursing homes that the removal of the requirement is to have their discharge summary completed upon their to have a registered nurse on duty at all times will release and a copy provided to them before they leave. have. Recommendation:

■ Support the NSW Nurses and Midwives’ Association Refer to Shadow Mental Health Minister. campaign to ensure that permanent legislation is in place requiring a registered nurse on at all times and 6. WAGGA WAGGA BRANCH the appointment of a director of nursing in all NSW Promote mental health first aid training and other evidence nursing homes, as a minimum. based programmes for workers who are likely to come into contact with people with mental illness, including ■ Note that registered nurses reduces unnecessary those in human services, justice, health, education admissions to state hospitals and emergency systems and human resources, as well as early childhood departments; and to encourage more mental health aware approaches and ■ Note that up to 700 hospital beds are occupied reduce unintentional discrimination. by patients who would receive appropriate care in Recommendation: Support. registered nurse led models of care in residential Many Local Health Districts have successful care facilities. education programs such as “Understanding Mental Recommendation: Support. Illness”, which target front-line workers across public sector services.

7. WAGGA WAGGA BRANCH Ensure Better Access is universally available to all members of the public and not only that is be available to communities outside of major cities as recommended by the Australian Mental Health Commission. Recommendation: Support.

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8. WAGGA WAGGA BRANCH hospital, as she had been reluctant to return to the nursing Introduce rural loading for Better Access for AHP. home due to the limited care she could be provided. She was subsequently readmitted to hospital where she Recommendation: passed away. Refer to the National Policy Forum. This occurred at a time when the need for registered 9. WAGGA WAGGA BRANCH nurses in nursing homes has been removed. That NSW Labor promote as standard practice that all The Conference: frontline staff likely to come into contact with vulnerable ■ Acknowledges that all residents in nursing homes people, for example, in health, welfare, police, ambulance, should be provided with quality care led by justice and education, undergo mandatory training registered nurses; on suicide identification and prevention, and that their organisations set as performance targets “zero suicides in ■ Notes with concern the potential risk to residents of our care”. nursing homes with the removal of the requirement to have a registered nurse on duty at all times; Recommendation: Support in principle. Refer to Shadow Mental Health Minister for ■ Supports the NSW Nurses and Midwives' consideration. Association campaign RN 24/7 to ensure permanent legislation is in place requiring a registered nurse 10. WAGGA WAGGA BRANCH on at all times and the appointment of a director of nursing in all NSW nursing homes, as a minimum; That local health districts with higher than average prostate cancer be provided with specialist prostate ■ Notes that registered nurses reduce unnecessary cancer nurse funding. admissions to state hospitals and emergency departments; Recommendation: Support in principle. ■ Further notes that up to 700 hospital beds are 11. COMMUNITY AND PUBLIC SECTOR occupied by patients who would receive appropriate UNION care in registered nurse led models of care in NSW Labor believes giving control over end of life residential aged care facilities; and

decision-making to patients and their families is an ■ Requests that the ALP adopt a policy to support the important part of a civilised society. requirement for registered nurses at all times in NSW NSW Labor will increase the availability and status of nursing homes. end of life care plans and work with doctors, nurses and Recommendation: Support. palliative care health workers to ensure that the wishes of terminally ill patients experiencing pain and suffering are 14. SNOWY RIVER COOMA BRANCH respected. Conference urges the ALP to put into place effective Recommendation: Reject. policies to address the issue of MENTAL HEALTH in rural The Committee notes that NSW Health is already in and regional electorates. partnership with pillar agencies to establish end of In the light of preventable tragedies, like the recent life education strategies for NSW clinicians. shootings in Nimmitabel, (in the Eden-Monaro electorate) we can definitely assert that these events emerge from 12. GRIFFITH BRANCH entrenched, decades-long, and untreated mental illness. The previous meeting of the Griffith Branch of the ALP And these events continue to happen because of the less- noted that with an aging population there is a growing than-minimal numbers of medical/psychiatric practitioners need for affordable high needs aged care support in Griffith in the area to treat these deep-seated problems. and presumably other regional and urban centres as well. We recognize that while some resources (for example, We ask that future Labor NSW and Federal Governments services connected with Bega Hospital) have been ensure a level of investment in affordable high needs care recently committed to this health-issue, we continue to for pensioners and those with limited superannuation. need well-qualified, compassionate health practitioners Recommendation: Support. on the ground in each rural and regional area, so that vulnerable community members may be given prompt 13. PROSPECT SEC professional treatment and ongoing support. An 89 year old resident of a low care nursing home was Recommendation: Support. admitted to Prince of Wales Hospital in August after she fell out of bed. She was threatened with ‘eviction’ from the

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15. KINGS CROSS BRANCH 21. ADAMSTOWN BRANCH/NEWCASTLE FEC The Kings Cross Branch opposes the proposed Conference expresses support for the Cancer Council's amendment to the public health act that will delete the campaign for the regulation of advertising of unhealthy requirement for registered nurses to be present 24/7. food to children. Obesity is a risk factor in a variety of cancers and reducing children's exposure to unhealthy Recommendation: Support in principle. food marketing is an important factor in the prevention of obesity. 16. CAMDEN HAVEN BRANCH Conference calls on Federal Labor to put forward an anti- In particular, the advertising of unhealthy food choices privatisation bill (similar to that put forward by UK Labor) to intended to or likely to appeal to children on television prevent the selling off of all or parts of Medicare to Health between 7 - 9 a.m. and 4 - 9 p.m. on weekdays and multi-national corporations, whose aim is to exploit the 7 a.m. - 9 p.m. on weekends should be restricted by sick for profit, which is contrary to true Labor values. regulation. Recommendation: Support. Recommendation: Support in Principle. Refer to PLP. Refer to FPLP.

17. KIAMA BRANCH 22. PEAKHURST BRANCH Conference must resist the current government’s That Conference request that the ALP adopt a policy proposed move to change the legislation that requires, whereby Euthanasia should be legalised as an individual within NSW Nursing Homes, that a Registered Nurse be choice where people have a terminal illness and appointed Director of Nursing, also a Registered Nurse to experience extreme pain and discomfort. That any vote in be employed on each shift in NSW Nursing Homes to a parliament on this matter be a conscience vote. situation of total deregulation to allow providers to employ Recommendation: Note. any class of Nurse at their discursion; to do so will put the Euthanasia is a conscience vote. elderly of this state in danger for the sake of profit. Recommendation: Support in principle. 23. HEFFRON SEC NSW Labor to commit to making the health and safety 18. TAMWORTH BRANCH of patients a high priority, maintain the budget allocations That Lyme Disease be formally recognised in Australia to public health services necessary deliver the range to avoid the difficulties Tahila Smith and her family have and quality of services across NSW, strongly reject any encountered - for instance, not receiving government proposal to further outsource or privatise public health assistance to cover the costs of medical expenses and services and to work with health unions and associations a full-time carer - as a result of the disease not being in their campaigns to defend public health recognised in Australia. Recommendation: Support. Recommendation: Note. Refer to FPLP. 24. TUMBI UMBI BRANCH That Conference encourages members of the Federal 19. ROOTY HILL BRANCH Labor Party to vote in favour of carefully prepared Conference calls on the next Labor State Government to legislation that allows Australians to undertake voluntary re-instate services at the Mount Druitt Hospital, including euthanasia. We encourage members of Parliament to the Medical and Cardiac wards, to alleviate the current do this because we believe is every Australian’s right to burden placed on Blacktown and Nepean hospitals. choose to die with dignity. Recommendation: Support. This is a fundamental human right that we should support. The most important aspect is that a person makes the 20. ARMIDALE BRANCH decision while they have capacity – this is not prescribing death but allowing a person to make that choice for Conference requests that NSW Labor supports increased themselves in certain circumstances. The Netherlands investment into to Community Health Services in regional have a good model; there is also the Di Natale model areas. to consider. Palliative care is not enough sometimes. Recommendation: Support. Furthermore, a voluntary euthanasia scheme has over 70% public support. Recommendation: Note. Euthanasia is a conscience vote.

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25. CESSNOCK BRANCH 30. SEVEN HILLS SEC Conference implores the State Parliamentary Labor Conference calls upon the Shadow Minister for Health Party to reconsider the location of the new Lower Hunter and the ALP to support the retention of legislation which Hospital as the Branch believes the hospital should be requires nursing Homes across the state to be staffed with more centrally located in the Hunter and closer to the registered nurses 24 hours a day,7 days a week. We also Hunter Expressway. call upon the ALP to retain enrolled nurses and assistants in aged care nursing for safe staffing and high quality of Recommendation: Reject. care across the aged care sectors 26. CESSNOCK BRANCH Recommendation: Support. Conference urges the State Parliamentary Labor Party to support the retention of the 24 hour registered nurse 31. AUSTRALIAN WORKERS’ UNION, requirement for aged care facilities. GREATER NEW SOUTH WALES The Australian Workers’ Union calls on NSW Labor to Recommendation: Support in principle. develop a policy for the future of Aged Care Facilities 27. CESSNOCK BRANCH in New South Wales that incorporates level of care and requirement for registered nurses at the age care facility. Conference calls on Federal Labor and NSW Labor to adopt voluntary euthanasia within their policy platforms, Aged care is increasingly becoming controlled by private where it can be shown that the individual is of sound mind for profit institutions that is resulting in decreasing care and at the time of their decision. service for the residents. A properly funded service model must be developed to ensure adequate care and the Recommendation: Note. ability for family to have timely response to any complaints Euthanasia is a conscience vote. that may be registered.

28. LAMBTON NEW LAMBTON KOTARA Recommendation: Support. BRANCH 32. HEFFRON SEC That NSW Labor support Dying with Dignity's campaign for the introduction of voluntary euthanasia in NSW, with This conference calls on NSW Labor to commit to appropriate safeguards. making the health and safety of patients a high priority, maintain the budget allocations to public health services That Labor support the recent creation of a multi-Party necessary deliver the range and quality of services across NSW Parliamentary Working Group on Assisted Dying NSW, strongly reject any proposal to further outsource or consisting of Lynda Voltz MLC (Labor), Trevor Khan MLC privatise public health services and to work with health (Nationals); Mehreen Faruqi MLC (Greens) and Lee Evans unions and associations in their campaigns to defend MP (Liberal). public health. Recommendation: Note. Recommendation: Support. Euthanasia is a conscience vote. NSW Labor welcomes the contribution of the Working Group 33. WAGGA WAGGA BRANCH to the debate. That access to Allied Psychological Services (ATAPS) targeted programs (ie. Tier 2 programs) be expanded to 29. AUSTRALIAN WORKERS’ UNION, include mental health support to palliative patients and GREATER NEW SOUTH WALES their families. Unfortunately, there is increasing need for assisted care living for younger people that fall outside of the Aged Care Recommendation: Support in principle. environment but need constant dignified institutional care. Many people are suffering from dilapidating diseases or injured through car accidents / workplace injuries. Placing these people into nursing home /aged care facilities is inappropriate and has an adverse effect on their quality of life and self-esteem. Conference on NSW Labor to develop policies for the establishment of assisted care facilities for those who do not fit into aged care facilities. Recommendation: Support.

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34. COMMUNITY AND PUBLIC SECTOR UNION NSW Labor support the Victorian Government’s decision to implement a policy of exclusion zones of 150 meters around termination and fertility clinics. Exclusion or buffer zones provide safety from women and their families when accessing important medical services provided at these clinics. Peaceful protest is an important part of our democratic society, but aggressive harassment of women facing deeply personal decisions is not acceptable. Protesters who oppose a woman’s right to manage her own reproductive health are still entitled to target termination and fertility clinics, however they face harsh penalties if they harass or intimidate patients or staff within the 150m zone. NSW Labor supports a similar policy being implemented in NSW to protect women, their families and medical practitioners. Recommendation: Refer to the Social Justice and Legal Affairs Policy Committee, Women’s Committee and Shadow Attorney-General.

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AUSTRALIA IN THE WORLD

The period since our last Conference in June 2014 has in violent attacks by Palestinians on Israeli citizens and been one of increased tension and terrorism in many settlers on Palestinians all impede progress to peace. The parts of the world. Countries such as Nigeria, Pakistan, resolution carried at ALP National Conference in 2015 is Kenya, Somalia, Iraq, Afghanistan, Turkey, Lebanon and, a firm demonstration of our party’s commitment to a just most recently, France and the USA, suffered devastating and permanent two state solution. terrorist attacks upon its citizens. The conflicts and The Coalition’s savage cuts to our foreign aid budget have instability in Syria and Iraq have led to massive waves of marred our international reputation as a generous country refugees fleeing to neighbouring countries and Europe. and damaged our bilateral relations, with aid to Indonesia The campaign to defeat ISIS has meant increased military cut by 50% and to African countries by 70%. We applaud involvement by western nations. the ALP for strongly opposing these cuts in the parliament. The shooting down of Malaysian Airlines plane MH17 In trade, the Federal Government has pursued Free raised tensions between Russia and the West to their Trade Agreements with China and the Pacific nations as highest level since the Cold War. Territorial disputes in an end in themselves rather than negotiating the best the South China Sea continue to cause tension between outcome for Australia. The ALP and the union movement China and its neighbours. have stood up for Australian jobs and industry and All have presented significant challenges for Australia’s achieved improvements to CHAFTA and the Trans Pacific foreign policy. We cannot stand alone, or be unaffected by Partnership Agreement. such developments as evidenced by the attacks at Martin The Government’s defence policy is a shambles. They Place and Parramatta. embarked on yet another White Paper, the fourth in fifteen ALP Leader Bill Shorten and Shadow Foreign Minister years! Fortunately Labor protected our local submarine Tanya Plibersek have responded to these challenges and shipbuilding industries by stopping Tony Abbott’s in an appropriate, considered and bi-partisan manner proposal to purchase our next fleet of submarines from in Australia’s interests. Unfortunately on a number of Japan. occasions the Abbott Government reacted with misguided Finally, the Government adopted Labor’s approach when bluff and bluster. Tony Abbott’s threat to “shirtfront” it announced that it would campaign for seats on the Vladimir Putin became an international joke. His more UN Security Council and UN Human Rights Council. Yet recent proposals to “put boots on the ground” in Syria they bitterly opposed the previous Labor Government’s undermine our own and other nations’ strategies and unity successful bid for the Security Council. in dealing with these threats. It is clear that, as always, Labor understands the issues The Israel-Palestine issue continues to be as intractable and has the correct approach and policies in these as ever. The breakdown of the latest negotiations, complex areas of foreign relations, defence and trade. the re-election of the Netanyahu Government and its equivocation on peace talks, and the recent upsurge

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PLATFORM AMENDMENTS AGENDA ITEMS

1. KINCUMBER BRANCH 1. DOUBLE BAY / BELLEVUE HILL BRANCH The NSW Labor Party affirms its support in the Bombing in Syria party platform for the United Nations Development That the Conference calls on the Federal Labor Caucus Programme's Sustainable Development Goals, which to oppose any extension to current air operations from replace the Millennium Development Goals. These goals Iraq into Syria, namely bombings. We note that there is no include: clear legal framework to support such activity and no clear ■ End poverty in all its forms everywhere objective.

■ End hunger, achieve food security and improved Further, this branch views this proposal as nothing nutrition and promote sustainable agriculture more than a distraction from the dysfunctional domestic performance of Liberal/Nationals since they have been in ■ Ensure healthy lives and promote well-being for all at government. all ages A more constructive role for Australia would be to focus ■ Ensure inclusive and equitable quality education and our efforts on increased humanitarian support for the promote life-long learning opportunities for all victims and the rapidly escalating refugee crisis. ■ Achieve gender equality and empower all women Recommendation: and girls Amend to read: Conference notes that the basis for ■ Ensure availability and sustainable management of Australia supporting limited military action, in the water and sanitation for all form of air operations over Syria, has been the self- defence of the people of Iraq. ■ Ensure access to affordable, reliable, sustainable and modern energy for all Military action must always be supported by a sound international legal framework and conference calls ■ Promote sustained, inclusive and sustainable upon Federal Labor to ensure this is reflected in our economic growth, full and productive employment ongoing decisions regarding military action in Syria. and decent work for all Further, Conference supports calls for an increase in ■ Build resilient infrastructure, promote inclusive and humanitarian assistance to the people fleeing this sustainable industrialisation and foster innovation deadly conflict. There is no zero-sum game between ■ Reduce inequality within and among countries supporting greater humanitarian assistance for those fleeing the conflict and other actions that Australia ■ Make cities and human settlements inclusive, sage, may take. Conference condemns the Liberal/National resilient and sustainable Coalition for suggesting that such a zero-sum game ■ Ensure sustainable consumption and production exists. patterns 2. NAMBUCCA RIVER BRANCH ■ Take urgent action to combat climate change and its impacts Bombing Syria

■ Conserve and sustainably use the oceans, seas and Conference calls on the Federal Labor Caucus to oppose marine resources for sustainable development any extension to current air operations from Iraq into Syria, namely bombings ■ Protect, restore and promote sustainable use of terrestrial ecosystems, sustainably manage forests, Conference notes that there is:

combat desertification, and halt and reverse land ■ No clear legal framework to support such activity, degradation and halt biodiversity loss and,

■ Promote peaceful and inclusive societies for ■ No clear objective. sustainable development, provide access to justice for all and build effective, accountable and inclusive Further conference views this proposal as nothing more institutions at all levels than a distraction from the Liberal/National dysfunctional domestic performance since they have been in ■ Strengthen the means of implementation and government. revitalise the global partnership for sustainable development Recommendation: Support.

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A more constructive role for Australia would be to focus 5. WENTWORTH FEC our efforts on increased humanitarian support for the That Conference calls on the Federal Labor Caucus to victims and the rapidly escalating refugee crisis. oppose any extension to current air operations from Iraq Recommendation: into Syria, namely bombings. Refer to Agenda Item 1. We suggest that there is no clear legal framework to support such activity and no clear objective. 3. LAMBTON / NEW LAMBTON / KOTARA BRANCH A more constructive role for Australia would be to focus our efforts on increased humanitarian support for the We call on Labor to oppose America’s call to commence victims and the rapidly escalating refugee crisis. fighter raids in Syria. There is no evidence that the raids in Iraq are achieving positive results and less likely to achieve Recommendation: results in Syria. Refer to Agenda Item 1. In Syria today there are four different forces fighting for 6. LAKEMBA BRANCH different reasons, they are: Initiative is required to save Rohinga people in Myanmar ■ The Islamic State (holds more than 50%) in order to provide them safe environment and diplomatic

■ President Assad, 20% negotiation is also imminent with the Myanmar government to protect the interest in Rohinga. ■ Rebel forces fighting Assad, 12% Recommendation: ■ Kurds, occupying about 10% Amend to read: Conference calls on Labor to engage Who are we going to bomb? in international efforts to find a solution to the 2015 Rohingya refugee crisis, in which some 25,000 We propose instead that the Government should Rohingya people fled Myanmar. Support. give support to the European countries by bringing a reasonable number of the Syrian refugees (particularly 7. LAKEMBA BRANCH ones with young children) to Australia. If any Labor leader (this includes federal, state and As a responsible member of the International Community, council) visits any subcontinent countries; an advice we ought to be doing our part in sharing the burden of should be taken from the subcontinent friends of Labor. the current refugee humanitarian crisis. After all, it could If the leader visits in Bangladesh then advice should be be said that Australia, by its participation in the invasion seeking out from Bengali friends of Labor for the purpose of Iraq, is partly responsible for the present Middle East of coordinating the trip for the leader and associates all turmoil. relevant matters between both countries. Recommendation: Reject. Recommendation: Support in principle. Refer to Agenda Item 1. 8. WILLOUGHBY CASTLECRAG BRANCH 4. WENTWORTH FEC While conference supports the action of the ACTU and The Conference does not support the Coalition’s decision the Union Movement aimed at protecting the jobs and to join the US campaign to strike ISIS targets in Syria. livelihoods of Australians against the provisions of the The Conference believes that Australia should only act if China Australia Free Trade Agreement and the Trans- there is a UN Security Council resolution approving the Pacific Partnership Agreement, Conference additionally use of force in this context and where such a campaign is urges the Federal Parliamentary Labor Party and all Party multinational in nature. Units to urgently do all things necessary and possible The Conference supports Deputy Opposition Leader to seek to protect against the extension of patents and Tanya Plibersek's view that Australia is best placed to lend Intellectual Property rights which curtail the availability of humanitarian support in the region rather than bombings. “generic” drugs and medicines and thereby put at risk the It urges Opposition Leader Bill Shorten to reflect this Pharmaceutical Benefits Scheme. position and not get caught in the Coalition’s rush to a Recommendation: Support. widening war". Recommendation: Reject. Refer to Agenda Item 1.

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9. BATHURST BRANCH 11. WENTWORTH FEC Conference condemns the Federal Government for its The Conference deplores the repeated bombing strikes on cuts to the Foreign Aid budget and further expresses our the MSF Hospital in Kunduz, Afghanistan early Saturday concern about any moves to link the diminishing budget morning 3 October 2015 and calls on Bill Shorten to to trade support a thorough independent investigation into it by the United Nations. Recognising there are in excess of 60 million refugees currently seeking safety from persecution, hunger and Recommendation: Support. conflict we call upon the Federal Government to increase its contribution to the UNHCR to assist them to provide 12. THIRROUL BRANCH meaningful assistance close to refugees’ and asylum That the Conference notes significant concerns with seekers’ country of origin to ensure their safety and to the China Free Trade Agreement as it may relate to reduce the use of people traffickers in their endeavours to infrastructure and major projects in NSW. Conference calls escape danger. on a future Labor government in NSW to ensure the highest Conference calls on the Federal Government to use its standards of training, safety, payments, wages and working best endeavours to promote human rights and encourage conditions and support to add value to local economies. fair and non-discriminatory practices in our region. Recommendation: Support. Recommendation: Support. Refer to Agenda Item 10. 13. LAMBTON NEW LAMBTON KOTARA BRANCH 10. AUSTRALIAN SERVICES UNION This Conference opposes provisions in the Trans Pacific NSW State ALP Conference condemns the severe cuts to Partnership (TPP) that would allow foreign corporations the Australian Aid made by the Federal Government. to sue governments through Investor-State Dispute Settlement (ISDS) clauses. ISDS clauses allow foreign These cuts are the largest in Australian history, and have corporations to sue governments for making regulations put Australia on track to give our lowest ever level of aid that could hurt their bottom line. as a proportion of national income. The cuts to aid have affected every region around the globe where Australia The Howard and Gillard governments have stood against supports poorer nations and have put many thousands of ISDS provisions in trade deals with the US in the past. lives at risk. Labor could confirm their opposition to ISDS provisions and re-commit to their position on ISDS as opposed to Conference notes that: inclusions in the TPP. ■ Comparatively, Australia is an extremely wealthy Due to the secrecy, surrounding the TPP the Australian nation with a low debt level; and public has next to no detail on what the TPP entails. What ■ Australia has recently signed up to help achieve the we do know tells us the costs are likely to outweigh the Sustainable Development Goals, a new set of global benefits. goals that aim to end extreme poverty and ensure a sustainable planet by 2030. ■ Health experts, including Doctors without Borders, are concerned about the implications for costs and ■ Australia must do our fair share in helping to achieve prices of health products. the Sustainable Development Goals and end poverty and extreme inequality. But the current Federal ■ Law Professors have said it could have huge Government is doing the opposite of this. impacts on Intellectual Property.

■ Conference congratulates Federal Labor on their ■ The TPP poses risks to food labelling, already weak opposition to these severe aid cuts, and notes: and in need of upgrading.

■ The importance of Australia pulling our weight in ■ Australian citizen’s labour and employment is under helping to achieve the Sustainable Development threat in this proposed TPP Goals; ■ The TPP will be detrimental to Australian ■ The need for the Australian aid budget to increase; Manufacturing already undermined by offshore

■ The importance of restoring transparency to how aid activities and in serious trouble.

money is spent, instead of the secrecy of the current ■ The potential for exploitation of imported workers Federal Government; and, to the detriment of Australian standards is huge, i.e. ■ The need for Australian aid to be focused on poverty the exposed exploitation of foreign 7-Eleven and alleviation and combating extreme inequality. agricultural workers is the current tip of the Iceberg. Recommendation: Support.

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Unless the secrecy is abandoned, the TPP must be ■ Did not block enhanced Palestinian status in the opposed, with all issues of concern publicly clarified and General Assembly; covered off by the ALP. ■ Restated the West Bank, including East Jerusalem, Recommendation: Support. is occupied territory;

■ Opposed Israeli settlements on occupied Palestinian 14. ENMORE BRANCH land, recognising that a just, peaceful and enduring Recognising the inequality between Australians resident resolution will involve a territorial settlement based in New Zealand and New Zealanders resident in Australia, on 1967 borders with agreed land swaps; and recognising the special relationship between the two countries as entrenched in CER and other acts of ■ Held that the settlements are illegal under parliament, the conference requests the Parliamentary international law Labor Party to redress the inequality by permitting Conference recognises that any resolution will be based New Zealanders resident in Australia for longer than 12 on 1967 borders with agreed land swaps, a timeframe months to vote in State and Federal elections and review to end Israeli occupation, demilitarization of Palestinian exceptions to the ban on recourse to public funds. territory, agreement on a solution to Palestinian refugee Recommendation: Reject. issues, and resolution of the issue of Jerusalem's final status. 15. SHOP, DISTRIBUTIVE & ALLIED Conference recognises that settlement building by Israel in EMPLOYEES’ ASSOCIATION the Occupied Territories that may undermine a two-state

■ Labor condemns the recent terrorist attacks by solution is a roadblock to peace. Labor calls on Israel Daesh in Paris and Beirut. to cease all settlement expansion to support renewed negotiations towards peace. ■ Labor condemns the use of violence. Conference rejects the boycotts, divestment and ■ Labor condemns the persecution of religious sanctions (BDS) campaign against Israel minorities in Syria and Iraq. Conference condemns the comments of Prime Minister ■ Labor recognises, supports and will uphold the Binyamin Netanyahu during the recent elections where fundamental right of religious liberty and freedom of he ruled out a Palestinian state and further condemns his religion. appeals to race during the campaign. Recommendation: Support. Conference recognises a lasting peace will require a future State of Palestine to recognise the right of Israel to exist 16. YARRAWARRAH BRANCH and the State of Israel to recognise the right of Palestine Conference endorses the resolution on Israel-Palestine to exist. carried at ALP National Conference on 26 July 2015 as Conference recognises the special circumstances of follows: the Palestinian people, their desire for respect, and Conference AFFIRMS Labor's support for an enduring and the achievement of their legitimate aspiration to live in just two-state solution to the Israeli-Palestinian conflict, independence in a state of their own. This is a cause based on the right of Israel to live in peace within secure Labor is committed to. If however there is no progress borders internationally recognised and agreed by the in the next round of the peace process a future Labor parties, and reflecting the legitimate aspirations of the government will discuss joining like-minded nations who Palestinian people to also live in peace and security within have already recognised Palestine and announcing the their own state. conditions and timelines for the Australian recognition of a Palestinian state, with the objective of contributing to Conference deplores the tragic conflict in Gaza and peace and security in the Middle East. supports an end to rocket attacks by Hamas and the exercise of the maximum possible restraint by Israel in Recommendation: Support. response to these attacks. NSW Conference calls on the next Federal Labor Government to implement the above National Conference supports a negotiated settlement between the Conference Resolution as soon as possible. parties to the conflict, based on international frameworks, laws and norms. Conference recognises in government Labor retained its commitment to two states for two peoples in the Middle East and specifically:

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17. LABOR FRIENDS OF PALESTINE Strip. A token visit to Ramallah, added to a trip The conference declares that it's time: time for the party to paid for by pro-Israel organisations, should not be support the establishment of a Palestinian State. regarded as adequate. Further that all settlement products, be subject to boycott, Recommendation: divestment and sanctions in line with the development of Refer to Agenda item 16. the European Union Policy. 20. PARRAMATTA BRANCH Recommendation: Conference welcomes the decision of the 2015 National Refer to Agenda item 16. ALP Conference to commit to the next Labor Government moving to recognise the state of Palestine. 18. PUNCHBOWL PARK RIVERWOOD NORTH BRANCH In view of recognition of Palestine by 135 of 193 nation states, the next Labor Government will immediately Conference calls to discuss the potential of a new recognise the state of Palestine resolution towards Israel and Palestine in light of the 2015 National Conferences Resolution 446R. Recommendation: Refer to Agenda item 16. Recommendation: Refer to Agenda item 16. 21. GOULBURN BRANCH 19. SOUTHERN HIGHLANDS BRANCH Preamble

1. That Conference welcomes the decision of the 2015 ■ Australia has consistently supported a two state National ALP Conference to commit the next Labor solution to the IsraelIPalestine conflict; Government to moving to recognise the state of ■ Israel is an independent and sovereign state while Palestine. In view of: the Palestinians remain stateless; ■ The continued expansion of Israeli settlements on ■ Palestinians, like other human beings, have the the West Bank; right to their own state and their own nationality. ■ The continued oppression of Palestinian residents of Institutions such as the UN, World Bank, and IMF the West Bank; have affirmed their readiness for statehood;

■ Violence directed at Palestinians by Israeli settlers; ■ The Israeli government has continually resiled from agreeing to a two State solution; ■ Recognition of Palestine by 135 of 193 nation states; and ■ Israeli Prime Minister Benjamin Netanyahu was re-elected on a platform stating 'there would be no ■ The Obama Administration's conclusion that Israel Palestinian State,' consistent with Likud Charter; has deliberately obstructed negotiations toward a two state solution. ■ Israel has continually sabotaged peace talks sponsored by the United States by announcing the The next Labor Government will immediately recognise the building of more Israeli settlements on occupied state of Palestine. Palestinian land needed for a viable Palestinian 2. That Australia follows the lead of the European State; Union in insisting on labelling of any products ■ Israeli settlements – which have been found to be emanating from Israeli settlements on Palestinian illegal under international law by the International land. State and Federal ALP Conferences and the Court of Justice, the UN Security Council and last Federal Labor Government have confirmed that General Assembly, and the High Contracting Parties all such settlements are illegal under international to the Geneva Convention – are designed and law. No Australian companies investing in such strategically placed to prevent a Palestinian state settlements should be eligible for Australian and from ever being established; State Government contracts, in line with EU practice toward European companies that invest in Israeli ■ 22 years of negotiations since the Oslo accords settlements. have produced no agreement, while Israel has continued to build illegal settlements on Palestinian 3. Given Labor's support for a two state solution, land, and has subjected millions of Palestinians to Conference believes any party official or State or living in abject conditions, and persistently denied Federal MP receiving a subsidised trip to Israel must basic dignity and human rights under military spend an equivalent time- day for day - speaking occupation; with Palestinians and investigating their condition in occupied Palestinian territories and/or the Gaza

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■ That if Australia's long-standing commitment to a 24. HUGHES FEC / HORNSBY BRANCH / two-state solution is genuine and meaningful, we BALMAIN SEC / OATLEY LUGARNO should join the majority of the world's nations in BRANCH / GREENACRE BRANCH / the UN – 135 out of 193 (70%) – and recognise LIVERPOOL BRANCH / PARK HILL Palestine as a nation state; GRANVILLE EAST BRANCH ■ That a just peace can be achieved in accordance Conference welcomes the decision of the 2015 National with the relevant United Nations resolutions, and ALP Conference to commit the next Labor Government to international and humanitarian law. moving to recognise the state of Palestine. Motion In view of:

Conference calls upon the Australian Federal Labor ■ The continued expansion of Israeli settlements on Party and the ALP National Conference to support the West Bank; the recognition of a Palestinian state and declare unequivocally that the next Federal Labor government will: ■ The continued oppression of Palestine residents of the West Bank; ■ Recognise Palestine as a sovereign nation state based on 1967 borders; ■ Violence directed at Palestinians by Israeli settlers;

■ ■ Condemn the continuation of illegal Israeli Recognition of Palestine by 135 of 193 nation settlements on Palestinian land; states; and

■ ■ In the pursuit of a just peace, work with the majority The Obama Administration's conclusion that Israel of the world's nations to support an end date to the has deliberately obstructed negotiations toward a Israeli occupation of Palestine; and, two state solution

■ Work towards a solution on the issue of Palestinian The next Labor Government will immediately work towards refugees. the implementation of the National Conference Resolution and the recognition of the state of Palestine. Recommendation: Refer to Agenda item 16. Recommendation: Refer to Agenda item 16. 22. HINCHINBROOK BRANCH 25. AUBURN LIDCOMBE UNITED BRANCH That in view of the refusal of the Israeli government to agree to a two state solution as confirmed by the 1. That Conference write to Federal Parliamentary expansion of Israeli settlement on the West Bank, Leader Bill Shorten, Shadow Minister for Foreign Australia should join the majority of the world's nations in Affairs Tanya Plibersek, the National ALP Secretary recognising the state of Palestine. and the State ALP Secretary to urge the next Labor government immediately recognise the state of A majority of the Israeli cabinet is now opposed to a Palestine. Palestinian state. There is no alternative to Australia This resolution is a response to the constant unilaterally recognising the state of Palestine. spread of Israeli settlements designed to block the Recommendation: establishment of a Palestinian state. Refer to Agenda item 16. 2. That Conference calls on Bill Shorten and Tanya Plibersek to announce that Australia will join the 138 23. LIVERPOOL BRANCH nations that recognise the state of Palestine. Conference writes to Federal Parliamentary Leader That this motion be forwarded to the ALP National Bill Shorten, Shadow Minister for Foreign Affairs Tanya Secretary for consideration at next year’s National Plibersek, the National ALP Secretary and the State ALP ALP Conference, and to Bill Shorten and Tanya Secretary to urge the next Labor Government immediately Plibersek. recognise the state of Palestine. 3. That the following motion be conveyed to Federal This resolution is a response to the constant spread of Parliamentary Leader Bill Shorten and Deputy Israeli settlements designed to block the establishment of Leader Tanya Plibersek as well as to the National a Palestine State. ALP and State ALP Secretaries: Recommendation: That in view of the refusal of the Israeli government Refer to Agenda item 16. to agree to a two state solution as confirmed by the expansion of Israeli settlements on the West Bank, Australia should join the majority of the world’s nations in recognising the state of Palestine.

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A majority of the Israeli cabinet is now opposed to a 28. TOONGABBIE BRANCH Palestinian state. There is no alternative to Australia That the NSW Annual Conference calls on the next Federal unilaterally recognising the state of Palestine. Labor Government to immediately follow the example of 4. Recognising that 2.5 million Arabs on the West 138 countries and confer full diplomatic recognition to Bank will be indefinitely ruled by the state of Israel the state of Palestine. The continuing violence directed unless there is a Palestinian state, this branch urges by Israeli settlers at Palestinians in the occupied territories Bill Shorten to state clearly that the next Labor requires this to occur. Such action would be a warning to government will recognise Palestine. Israel and its settlers about racist behaviour and offer hope to oppressed Palestinians on the West Bank and Gaza This motion to be forwarded to Bill Shorten, Tanya Strip. Plibersek and to the National ALP Secretary. Recommendation: 5. This Conference recognises: Refer to Agenda item 16. ■ a majority of the Israeli cabinet now oppose a Palestinian state; 29. LAMBTON NEW LAMBTON KOTARA

■ Israel has continually sabotaged peace talks BRANCH sponsored by America by announcing more Israeli Before the election of the Israeli Government, the Prime settlements; Minister, Mr Netanyahu, in the pre-election speech, ruled out the internationally accepted ‘two state’ solution to ■ that Israeli settlements are designed to prevent a Palestinian state ever being established; and the Israeli/Palestine problem. Therefore, it is time that the Australian Government along with the US and UK ■ that 138 nations out of 193 already recognise Governments reassess its Israel/Palestine policy. Palestine as a nation state. Conference urges NSW Labor to adopt as its policy: ■ Conference urges the Federal Parliamentary Leader and the Foreign Policy Spokesman to speak out in ■ Take an active role in calling for the recognition of a support of the NSW Conference policy in favour of Palestinian State recognition of a Palestinian state. ■ Support the application of the Palestinian Authority Recommendation: to join international organisations, and Refer to Agenda item 16. ■ Protest in opposition to the expansion of Israeli settlements in the West Bank 26. HOMEDALE BRANCH Recommendation: That in response to the Draft Motion on the recognition Refer to Agenda item 16. of Palestine that is being proposed as an agenda item for the Annual State Conference, Conference supports the 30. ROCKDALE BRANCH resolution of the ALP National Conference of July 2015 and that this resolution should be included on the agenda Conference calls to recognise:

of the Annual State Conference 2016 on the matter of the ■ A majority of the Israeli Cabinet now oppose a Recognition of Palestine. Palestinian state;

Recommendation: ■ Israel has continually sabotaged peace talks Refer to Agenda item 16. sponsored by the United States by announcing more Israeli settlements on land needed for a viable 27. GREENACRE BRANCH Palestinian state; Conference notes that Israel’s settlements in the West ■ The Israeli government has continually resiled from Bank are illegal and should be dismantled and the land agreeing to a two state solution; returned to the recognised state of Palestine. ■ That Israeli settlements are designed and Recommendation: strategically placed to prevent a Palestinian state Refer to Agenda item 16. ever being established;

■ That 2.5 million Palestinians are living in abject conditions and persistently denied basic dignity and their human rights by an occupying force; and,

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■ That 138 nations out of 193, 71.5% of the members We recognise that the Netanyahu government has of the United Nations, already recognise Palestine as rejected completely a two state solution and continues to a nation state. spread settlements on Palestinian land. Conference urge the Federal Parliamentary leader and We urge the Labor Party personnel to boycott such visits the foreign policy spokesperson to speak in support of until these policies are reversed and that this be conveyed the NSW Conference policy in favour of recognition of a to the Federal Leader and Deputy Leader and to the State Palestinian state and declare unequivocally that the next Parliamentary Leader and to the State and National ALP Labour federal government will recognise Palestine as a Secretaries. sovereign nation state. In view of the rejection of a two state solution by Prime Recommendation: Minister Netanyahu, the Labor Party should affirm that Refer to Agenda item 16. when in government it will join 135 nations in recognising a state of Palestine. 31. LIVERPOOL BRANCH Until an Israeli government recommits itself to a two state 1. Conference calls upon all Labor MP's visiting Israel solution, Labor MPs and officials should decline free trips on sponsored trips to spend equal time in Palestine. to Israel offered to them by the Israel lobby. 2. That, following the comments of the Israeli PM in Recommendation: Reject. the recent election campaign, conference calls on Refer to Agenda item 16 and 31. the ALP to commit on its election to recognition of a Palestinian State. 34. LABOR FRIENDS OF PALESTINE Recommendation: That while the Netanyahu Government: 1. Reject. Conference encourages all MP’s, Party ■ Continues settlements Officials and members when visiting Israel to also visit the Palestinian territories. ■ Refuses a Palestinian State

2. Refer to Agenda Item 16. ■ Brutally mistreats Arab Residents of the West Bank through arrest of 12 year old under military rule; 32. REVESBY BRANCH expulsions; and demolition, Conference believes that due to the lack of progress and No ALP officer, including Young Labor or Member of as a result of the treatment of the Palestinian people by Parliament, accept a paid trip from the Israel Lobby. To the state of Israel that the next Federal Labor Government do so in the circumstances is an insult to the Australian formally recognise a Palestinian state. Community who support our party. Conference also calls on a ban on any trips by any elected Recommendation: Reject. ALP official funded by either an Israeli Lobby group or the Refer to 31. Israeli Government to Israel, until such time as there is a recognised Palestinian state. 35. OATLEY LUGARNO BRANCH Recommendation: Reject. That Australia follows the lead of the European Union Refer to Agenda item 16 and 31. in insisting on labelling of any products emanating from Israeli settlements on Palestinian land. 33. LIVERPOOL SOUTH BRANCH / State & Federal ALP Conferences and the last Federal GREEN VALLEY BRANCH Labor Government have confirmed that all such We call upon the Federal Leader and Deputy Leader to settlements are illegal under international law. No strongly condemn the Israeli government for: Australian companies investing in such settlements should be eligible for Australian & State Government ■ ruling out a Palestinian state; contracts. This is in line with EU practice toward European ■ continuing to expand settlements on land that would companies that invest in Israeli settlements. be a future Palestinian state; and Recommendation: Reject. ■ downgrading the citizenship of Israeli Arabs. We urge Federal and State Labor MPs, party officers and candidates to decline subsidised tours of Israel funded by the pro-Israel lobby until such policies are reversed. We note that Labor MPs, party official and candidates have received free trips to Israel provided by pro-Israel organisations.

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36. GREENACRE BRANCH / STRATHFIELD 40. ARABIC FRIENDS OF LABOR / SOUTH BRANCH / PARRAMATTA BRANCH BEXLEY BRANCH Conference notes that Palestinians in Israel’s occupied Until a Palestinian state is established that Australia territories are denied voting rights and legal equality with support action by the world community through the United Israeli citizens. Further, Conference notes the continuing Nations to require Israel to grant full voting rights to the refusal of Israel to agree to a Palestinian state and the entire population of the occupied Palestinian territories continuation of settlements in occupied Palestine. As regardless of race or religion. That equal civic rights be a result, Labor declares that until a Palestinian state is applied in the occupied territories to Arabs and Jews created all the population of so called “Greater Israel equally. including the occupied West Bank” must enjoy equal Recommendation: Reject. voting and civil rights regardless of race or religion. Recommendation: Reject. 41. LITHGOW BRANCH Conference calls on the Federal Labor Caucus to oppose 37. BRIGHTON-LE-SANDS BRANCH any extension to current air operations from Iraq into Syria, Conference welcomes the decision of the 2015 National namely bombings. ALP Conference to commit the next Labor Government We note that there is: to recognise the State of Palestine in line with 135 of 193 Nation States. ■ No clear legal framework to support such activity, and, Furthermore, Israel is to be stopped on further settlements on the West Bank. ■ No clear objective. The Palestinians should be given voting rights in Israel's Further Conference views this proposal as nothing more occupied territories and they should have the same legal than a distraction from the Liberal/National dysfunctional Equality with Israeli Citizens. domestic performance since they have been in government. Conference calls on Israel to leave Palestine and let the people live in peace. A more constructive role for Australia would be to focus our efforts on increased humanitarian support for the Recommendation: Reject. victims and the rapidly escalating refugee crisis. Refer to Agenda item 16. Recommendation: 38. PARRAMATTA BRANCH/GREENACRE Refer to Agenda Item 1. BRANCH/OATLEY LUGARNO BRANCH That Australia follow the lead of the European Union in 42. KINGSFORD SMITH FEC insisting on labelling of any products emanating from Given Labor's support for a two state solution, Conference Israeli settlements on Palestinian land. believes any party official, or State or Federal MP, receiving a subsidised trip to Israel must spend an equivalent time - And that no Australian companies investing in such day for day - speaking with Palestinians and investigating settlements should be eligible for Australian and State their condition in occupied Palestinian territories and/or the Government contracts in line with EU practice toward Gaza Strip. A token visit to Ramallah, added to a trip paid European companies that invest in Israeli settlements for by pro-Israel organisations, should not be regarded as Recommendation: Reject. adequate. Recommendation: 39. OATLEY LUGARNO BRANCH Refer to Agenda Item 16. Conference notes that:

■ Israel continues to occupy East Jerusalem and the 43. BEXLEY BRANCH/ARABIC FRIENDS West Bank OF LABOR

■ Israel continues to construct settlements illegal The continuing violence directed by Israeli settlers at under international law; and Palestinians in the occupied territories mandates that the

■ Palestinians suffer oppression, live under a different next Federal Labor Government should immediately follow set of laws from Jewish citizens of Israel and have the example of 183 countries and confer full diplomatic no current prospects of a state of their own. recognition on the state of Palestine. Such action would be a warning to Israel and its settlers about racist behavior Therefore Conference calls for full equality in voting rights and offer hope to oppressed Palestinians on the West and civil liberties for both Arabs and Jews in the territories Bank and Gaza Strip. occupied by Israel. Recommendation: Reject.

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Furthermore, it is clear that the Netanyahu Government 45. BEXLEY BRANCH and any other Israeli coalition will not agree to a Palestinian Whilst Conference acknowledges that Boycott, State. Therefore, the next Labor Government should work Divestment and Sanctions is premature as policy towards through the UN Security Council for a declaration by the Israel as a nation, it should none the less be applied to UN of a Palestinian State on 1967 boundaries without Israeli settlements, all of which have been established any agreed land swaps. Only decisive action such as this on occupied Palestinian territory in total defiance of will persuade the Israeli Government to negotiate in good international law. As a result the next Federal Labor faith. Government will adopt the policy of the European Union in Recommendation: respect of boycotting products from such settlements and Refer to Agenda Item 16. requiring that companies doing business in Australia not invest in Israeli settlements. 44. ARABIC FRIENDS OF LABOR Furthermore, that boycott divestment and sanctions be On 8 November 2015, elections for the National applied with full force to Israeli settlements on occupied Parliament and Regional Parliaments [were] held in Palestinian land given: Myanmar. The military still retains 25 percent of all seats in - Such settlements are entirely illegal under parliament. In recent months several developments have international law as the previous Labor Government been a serious cause of concern, including restrictions on held 2007-2013; who can vote and the misuse of religion for political gain, particularly against the Rohingya people. - Such settlements are smothering hopes for a Palestinian state; In Myanmar, the Rohingya are treated as persona non grata because of their ethnicity or religion. Their suffering - Continued Israeli occupation is based on apartheid should not be allowed to go on forever. They should not policies directed at the majority Palestinian be made stateless, and they should be protected by all, population on the West Bank. including Australia. The Abbott, now Turnbull, Liberal As a result the next Labor Government should apply Government cannot wash its hands of its obligations. Boycotts, Divestment and Sanction to settlements, their The Government of Myanmar should not be allowed to products, personnel and investors. ethnically cleanse its people and get away with it. Recommendation: Reject. Our governments know they have an obligation to the Refer to Agenda Item 16. Rohingyas and they know the Rohingyas are a persecuted people. International media and human rights organisations have described the Rohingyas as one of the most persecuted minorities in the world. Yet our govermnents are blind to their awful realities. 1. The State Conference condemns the former Prime Minister and the current federal Liberal Govermnent for their uncaring and immature response of "no no no" to offering assistance to the Rohingya refugees. 2. Calls on the Government of Burma/Myanmar to change its policy and take all necessary measures to end persecution of, and discrimination against, the Rohingya people. 3. Calls on the Turnbull Federal Government to better engage with the Myanmar Government to address the humanitarian crisis of the Rohingya people. Recommendation: Refer to Agenda Item 6

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BUILDING A SUSTAINABLE COMMUNITY

Labor believes in the creation of sustainable communities Planning must delivers the tripartite balance of bettering for the future. Australia is a highly urbanised nation, with social needs, strong environmental protections, and over 70% of Australians living in cities of over 100,000 sustainable economic development. people. Our regional and rural centres are also vital hubs NSW needs a planning regime that is ethical, delivers for the creation of sustainable economic development new housing stock in a timely fashion, protects our coupled with thriving communities. Labor’s vision for natural environment and heritage, and listens to local sustainable cities, towns and communities, therefore, is communities. critical to national economic performance, liveability, and environmental sustainability. Further, Labor supports diversity in communities, and will support planning controls that encourage diversity, not The Sustainable Communities Committee of NSW Labor create ghettos of poverty in our cities. is tasked with presenting a policy vision for sustainable communities for the future across the policy areas of: Environmental protection

■ Transport; The threat of climate change is a great challenge for the future of NSW. Labor in government will work to preserve ■ Urban planning; the natural environment and its resources through ■ Environmental protection; strong action on climate change, innovative sustainability initiatives such as banning plastic bags, and a planning ■ Energy; system that enshrines the protection of the environment. ■ Regional development; and Labor will re-create the world's leading environmental ■ Local government. protections for our natural areas, wilderness, and marine areas that have been torn up by the NSW Liberals and Transport Nationals, and provide an equitable spatial distribution of Cities that can move people from home to work, study, green spaces for urban communities to enjoy. cultural activities, and service delivery facilities quickly and efficiently can generate greater economic activity, develop Energy the capabilities of its citizens more effectively, expose Globally, cities are responsible for 60%-80% of worldwide its citizens to more diverse, enriching experiences, and energy consumption, and approximately 50% of carbon provide greater levels of service delivery for its people. emissions are due to human activity in cities. Labor believes that meeting the state’s energy demands through Successful cities rely upon an effective, efficient, and renewable energy technologies is vital to the capacity of reliable public transport network, and an integrated public the state to reduce greenhouse gas emissions. transport infrastructure network that includes a multimodal approach, including walking and cycling, of moving people Labor will work cooperatively through the Council of throughout our cities is vital. Australian Governments process to increase energy decentralisation, and the local community’s control of its Traffic congestion is a major impediment to the efficient energy needs. and productive operation of our cities and regional centres. Increasing the amount of freight carried on rail will Regional development help to alleviate demand pressures on our road networks, Development of the state’s regions is critical to a diverse while also minimising transport-related greenhouse gases. and resilient state economy that provides opportunities We also recognise the role of transport networks in for citizens throughout NSW. NSW Labor will support overcoming social isolation. People are inherently social the development of regional areas of excellence and beings. Effective public and community transport networks innovation based upon the natural strengths of different enable people to engage socially and participate in their regions in order to stimulate sustainable regional economic local community. growth.

Urban Planning With Sydney's urban infrastructure already stretched, and the cost of housing continuing to increase in urban areas, NSW Labor believes in density done well via a transparent there is a clear need to encourage development in other planning process. regional centres.

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Local government PLATFORM AMENDMENTS Local government is the cornerstone through which Labor seeks to empower local communities through grassroots 1. OURIMBAH NARARA VALLEY BRANCH / democratic participation to build a cohesive society. BEROWRA FEC / TUMBI UMBI BRANCH NSW Labor supports a framework for local government /NEWTOWN SEC / ROBERTSON FEC / that provides for a broad ambit of responsibilities for local EDEN MONARO FEC / PATERSON FEC / government bodies to assume, and does not support the ENMORE BRANCH / SUTHERLAND forced amalgamation of Councils. BRANCH / LAMBTON NEW LAMBTON Local government must be empowered to create KOTARA BRANCH sustainable and inclusive growth in their region and This Conference calls upon the Australian Labor Party to deliver services and planning outcomes which reflects the lead the nation on climate action. It calls on the Australian collective aspirations of its citizens and actively develops Labor Party to adopt in its platform: the human capital of communities in a just and equitable ■ An energy policy that delivers 50% of our electricity manner. from renewable sources by 2030, and the creation Conclusion of one ministry of Climate change and Energy to The members of the Sustainable Communities Committee deliver coherent policy with two aims – affordable wish to thank the many Branches and members who have and clean.

taken the time to contribute to the policy development ■ Reducing Australia’s carbon pollution by 50% on of our Committee, either by attending events to provide 2000 levels by 2030. feedback or, more importantly, submitting motions for consideration by the Committee. ■ A commitment to put climate action at the heart of its program to deliver jobs, innovation and We look forward to working with Branches and members investment to build a prosperous, safe and fair to campaign for a NSW Labor Government to implement Australia. this vision. Recommendation: Support. Refer to National Conference.

2. LANE COVE BRANCH 1) That the Australian Labor Party adopt in its platform:

■ An energy policy that delivers 50% of our electricity from renewable sources by 2030.

■ The creation of one Ministry of Climate Change and Energy to deliver coherent policy with two aims – affordable and clean energy.

■ Reduction of Australia’s carbon pollution by 50% on 2000 levels by 2030.

■ A commitment to put climate action at the heart of its program to deliver jobs, innovation and investment to build a prosperous, safe and fair Australia. 2) That the policy development to implement the above goals take account of:

■ Market based mechanisms to encourage investment in renewable energy.

■ Tax incentives to encourage investment in renewable energy.

■ Opportunities for Government to co-invest in renewable energy projects with the private sector.

■ Other suitable policies to achieve the above objectives.

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3) That these policies be developed and published 5. LEAN prior to the next federal election in 2016/2017 to Amend the Policy Platform 1.1 to read as follows: create public awareness about Labor's environment policy. NSW Labor will promote urban and regional development that creates sustainable communities. NSW Labor Recommendation: Support. in government will promote economic growth that Refer to National Conference. creates liveable communities with appropriate housing development supported by infrastructure, employment 3. KINGS CROSS BRANCH opportunities, affordable energy and affordable public Conference calls upon the Australian Labor Party to lead transport. Labor in government will give priority to the nation on climate action. It calls on the Australian measures which promote liveable cities including improved Labor Party to adopt in its platform: planning and public transport to reduce congestion and commuting time; energy efficient building design; green ■ An energy policy that delivers 50% of our electricity spaces for improved urban amenity and to combat the from renewable sources by 2030. effect of a changing climate*. Labor will also seek to ■ Reducing Australia's carbon pollution by 50% on balance such development with access to a protected 2000 levels by 2030. natural environment and cultural, social and recreational activities and facilities. Labor will promote the concept of ■ The creation of one ministry of Climate Change and ecological permeability in the retention and management Energy to deliver coherent policy with two aims – of urban bushland**. affordable and clean energy. *[based on National platform 3.68, 3.71] ■ A commitment to put climate action at the heart of its program to deliver jobs, innovation and **[WA platform 3.42] investment to build a prosperous, safe and fair Recommendation: Support. Australia. Recommendation: Support. 6. LEAN Refer to National Conference. Amend “A sustainable environment” platform as follows:

4. AUBURN-LIDCOMBE UNITED BRANCH 1. Insert the follow to 1.26 after “NSW Labor supports strong measures to avoid dangerous climate This Conferences calls on the party to amend the platform change.” to insert a new platform plank as follows: Labor recognises that climate change poses Labor in government will legislate: significant risks to economic growth.* Labor ■ to ban property developers and real estate agents will put climate change at the heart of our from holding office at a local government level before commitment to deliver jobs, innovation and the next scheduled local government election; investment to build a prosperous, safe and fair NSW.** ■ cap political donations and campaign spending during council elections, with state level caps to *[National platform 2.2] serve as a starting point for the re-examination of **[National platform 4.16] caps on ward level expenditure; 2. Delete 1.27 and replace with: ■ elect mayors for four years to end the horse trading Labor recognises the critical interrelationship between parties for the position; and between the environment, society and the ■ to repeal changes to section 451 of the Local economy*. Labor acknowledges that the Government Act, which allows councillors with a prosperity of present and future generations pecuniary interest to vote on planning controls where is dependent on the health of our natural they could potentially benefit, as long as they declare environment and the effective management an interest. of all natural resources**. NSW Labor will integrate environmental, social and economic Recommendation: Support. policy to produce a best practice approach to the principles of ecologically sustainable development. The focus will be on housing options, transport infrastructure, recreational facilities and business opportunities. Labor recognises that environmental sustainability requires a whole of government approach and

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that all government decision-making should 8. LEAN consider the need for a sustainable future***. NSW Labor will create in its platform, policy regarding Role Labor in government will: of community groups, ENGOs to read as follows: ■ Commit all areas of policy and administration Labor recognises and supports the passion of local to environmental sustainability, including environment conservation groups and the invaluable reporting on key indicators (including energy contribution they make to protecting and preserving efficiency and use, water use and recycling, Australia’s environment. These groups play an waste, and sustainable procurement) important role in mobilising government action on

■ Commit all relevant areas of policy and local environmental issues and are critical, active administration to develop climate change participants in broader national conversations on mitigation and adaptation plans. issues such as climate change. [National platform 4.9] *[Victorian platform p71] **[WA platform 3.3] Labor will provide sufficient resources to enable ***[Queensland platform 5.49] community groups, NGOs and other environmental organisations to participate in government Recommendation: Support. processes and play a substantial role in ensuring best environmental outcomes for NSW. [WA platform 7. LEAN 3.9] NSW Labor will create in its platform, policy regarding Labor will develop and implement an Environmental Environmental Law to read as follows: Justice Action Plan, modelled on international best Open and transparent environmental management practice, to support environmental justice research, systems are essential for effective decision public education and enforcement. Labor will making, monitoring, assessment and reporting of ensure that members of the community have legal environmental performance and outcomes. standing to seek enforcement of the law and review of Government decisions, including reviews in the NSW Labor will revive and update what were public interest [Victorian platform p75] once best-practice systems of environmental management for NSW, including: Recommendation: Support.

■ Management, governance and decision making structures and responsibility, including 9. LEAN the independence of institutions involved in Insert following 1.29, and renumber: environmental protection; Labor will support enhanced national standards ■ Consistent standards and adequate data for on air quality and monitoring and reporting of air decision making; pollution [National platform 4.58]

■ Efficient and certain regulation including Labor will require that the costs of pollution control, streamlined environmental assessment including licensing, monitoring, policing, auditing processes; and remediation are met by industry and the costs of managing the human health and environmental ■ Fair and efficient management of Australia’s impacts of pollution are met by polluters. [WA environment as a foundation for ecologically platform 3.44] sustainable jobs; Labor will ensure that bodies set up to monitor the ■ Enhancing biodiversity for the benefit of current effects of pollutants on our air, water and soil are and future generations; and properly resourced and able to operate effectively to ■ Resilience in the natural environment. provide advice, information and recommendations to government in a timely manner. [WA platform 3.45] Labor recognises the need to have a strong environmental watchdog that has the independence to carry out its Recommendation: Support. mission as protector of the environment and advocate of best practice environmental management. Recommendation: Support.

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10. LEAN reducing greenhouse gas emissions, including the goal that net emissions must approach zero by mid- Environmental Offsets century. Within Australia, NSW must also do its fair Insert the following after 1.30 share. NSW is responsible for 31% of the country’s NSW Labor will ensure that biodiversity offsets policy is economy. [NSW policy 2015] Labor recognises built on key foundations: that the relatively high current emissions intensity of the NSW economy presents challenges, but also ■ ‘like for like’ offsetting, within a reasonable presents opportunities for emissions reductions. geographic proximity; NSW needs to seize the opportunities opening up ■ no ‘net loss’ biodiversity outcomes and ideally ‘net in a clean energy economy, and avoid being left positive’ outcomes; behind. NSW Labor will pursue a comprehensive strategy to achieve these objectives [Victorian ■ recognition that some high conservation value lands platform p81] must be off limits to offsetting; and Labor will reduce emissions from land management ■ ensure a single system for environmental offsets for by strictly controlling land clearing and re-vegetating all development in NSW. [ NSW 2015 policy] degraded land; supporting primary producers to Recommendation: Support. adopt practices that sequester carbon in soils and perennial vegetation, encouraging carbon farming; 11. LEAN supporting energy-efficient technologies that convert NSW Labor will create in its platform, policy regarding Coal emissions and plant wastes into energy and other Seam Gas, to be inserted after 1.36, to read as follows: useful products [Queensland platform 5.47] A NSW Labor Government will impose a state Recommendation: Support. wide moratorium on CSG activity. A NSW Labor Government will not lift the moratorium unless the 13. LEAN industry is proven to be safe. Labor will ban CSG Insert a new paragraph on Climate Adaption to read as in the Northern Rivers, in the Pilliga, and within a follows: 2 km exclusion zone around all national parks and 1. Climate change is not only a problem for the future. RAMSAR wetlands. Labor will ban CSG in core Parts of NSW are already feeling the impact of drinking water catchments and within 2 kilometres of climate change now. Helping communities adapt urban or residential areas [NSW policy 2015] to a changing climate is essential to Labor’s long Recommendation: term plan to address the issues arising from Refer to Shadow Minister for Industry, Resources climate change including reduced water and and Energy. other resources, rising sea levels, warmer average temperatures and more frequent and intense 12. LEAN extreme weather events including heatwaves, Amend 1.37 as follows: storms and flash flooding. 1.37 NSW Labor recognises the need for immediate 2. Infrastructure planning will need to take account and sustainable action to limit greenhouse gas of projected sea level rises due to climate emissions and counter climate change. Labor change; potential for increased severity of flash recognises that climate change poses threats, flooding (since warmer air holds more water); and and requires responses, in areas including resilience of critical infrastructure in heat waves agriculture and primary industries, education, and storm events. Labor will give special attention energy, health, infrastructure, local government to infrastructure projects which help affected and planning, tourism and transport. Labor communities and industries deal with change. Labor will require climate adaptation plans from will require climate adaptation and resilience plans Departments and agencies to include for all major infrastructures owned or regulated by modelling of climate change impacts on their the NSW government; and promote national climate operations, services and policy responsibilities. adaptation and resilience standards and planning for [expanded from existing Country Labor other major infrastructure. section] Key principles and goals are to … 3. Coalition governments, Federal and State, have [continue as existing] failed to provide local governments with the support Insert new paragraph following 1.37 and renumber: they need to prepare their communities for climate change impacts. Labor will: NSW Labor supports Australian Labor’s commitment to Australia doing its fair share in

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■ Work with Councils to develop risk management ■ Prioritise protection of breeding areas such as the procedures and programs acknowledging the islands, headlands and beaches where seabirds growing impact of climate change nest and raise their young;

■ Hold a Local Government Climate Summit to ■ Ask the NSW Scientific Committee to consider restore the relationship between State and local the addition of the hawksbill sea turtle to the governments; State’s Threatened Species List, to give this rare and beautiful creature the protection it deserves; ■ Implement strategies that support coastal and communities to respond to the impact of rising sea levels ■ Immediately reinstate protections on the state’s Mid North Coast for the Labrador of the ocean – ■ work with community organisations (such as the critically endangered Grey Nurse Shark. sporting bodies) to identify and address their vulnerability to climate change. Recommendation: Support. 4. Labor will ensure that health policy and planning 16. LEAN takes into account the impacts of climate change. Add the following to 1.43: 5. NSW Labor will ensure that the particular vulnerabilities of older people are addressed in Labor will:

planning for heatwaves and other extreme weather ■ Require Government Departments and agencies events. to set waste reduction targets that will be audited 6. Emergency management: Climate change is and reported in departmental Annual Reports

already causing an increase in the number and ■ Require each industry sector to develop its own severity of natural disasters and extreme weather program for meeting waste reduction targets, events affecting Australia. NSW Labor will review including product design, materials used, our emergency strategies and response capacity recycling and reuse systems and infrastructure and work with other levels of government to ensure capacity meets increasing demand. ■ Support sustainable markets for recovered resources and recycled materials with strong Recommendation: Support. incentives to stop particular waste streams going to landfill 14. LEAN ■ Insist on world’s best practice in the storage of Add the following dot points to 1.39: hazardous waste materials ■ establish a one off Healthy Rivers Commission to ■ Use landfill levies to support local government assess the health of NSW rivers initiatives and trial projects that are proven to, or ■ review all legislation and policies relating to river and are likely to, reduce waste and increase recycling coastal health within their municipalities, particularly green waste [Victorian platform P 83] ■ continue to implement National Water Initiative measures. Recommendation: Support. Recommendation: Support. 17. LEAN 15. LEAN Insert the following to 1.48: Add the following to 1.42: Labor recognises the intrinsic value of nature, along with the vital role forests – on public land as National A NSW Labor Government will: Parks and State forests, and on private land - play ■ Establish a dedicated Sydney Marine Park to in protecting biodiversity and water systems and in protect the jewel in Sydney’s crown, the world mitigating the effects of climate change. [Victorian renowned Sydney Harbour; platform p84] NSW Labor supports world heritage recognition for internationally significant NSW forests ■ Lift the Liberal/National Government’s moratorium [NSW policy 2015] NSW Labor will: …(continue as on the creation of any new marine parks; existing) ■ Return marine sanctuary zones to full protection, Recommendation: Support. so they again become areas where wildlife and habitats are protected;

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18. LEAN A NSW Labor Government will deploy energy efficient Insert the following paragraphs after 1.46 and renumber lighting to all public schools and TAFE facilities, and accordingly: pursue other areas of energy efficiency in education including heating and cooling, with savings after payback Labor recognises that the Convention on Biological of initial costs directed back to education Diversity sets a target to preserve 17% of the Australian landmass as protected area estate. Labor A NSW Labor Government will institute a comprehensive commits to securing and conserving representative program for upgrading public housing for energy efficiency and viable samples of all bio-geographical regions Recommendation: Support. of the state in the national park estate and moving towards the target set through the Convention on 20. LEAN Biological Diversity. Insert the following paragraphs after 1.46: An elected Labor Government will continue its Labor recognises that we cannot protect the legacy of National Park creation. Labor will direct environment with National Parks alone. We must the National Parks and Wildlife Service to develop look after ecological systems across the landscape if funded reserve proposals and a plan for progressing we are to continue to have a healthy environment the implementation of the NSW National Parks Establishment Plan. Our first priority is the creation Labor is committed to building a network of of the Great Koala National Park on the state’s corridors across the landscape and across tenures north coast. Other priorities include improving the that improve the ecological fabric of our state, links between the various parts of the Paroo-Darling building resilience and allowing natural processes National Park to ensure this inland oasis of lakes and to operate. Dangerous global warming makes this birdlife is safe. ever more important, as connectivity is essential if we are to prevent extinctions in a changing climate. Recommendation: Support. Done well, this land stewardship will also support our agricultural industries by increasing the land’s 19. LEAN resilience and productivity. Amend Platform Chapter 1 with the text below to follow 1.63: Labor will: NSW Labor recognises that improving energy efficiency ■ Reinvigorate the multi-stakeholder and multi- offers important opportunities to reduce greenhouse level approach to landscape wide planning and emissions, as well as reducing power bills. NSW Labor management in NSW. We will ensure investment will provide national leadership in revitalising national is targeted and effective in delivering outcomes strategies on energy efficiency. Labor will implement and that rural communities are given the tools energy efficiency measures across all areas of State and support to protect the assets they manage; responsibilities, including: ■ Deliver state wide planning and goals for natural resource management by restoring the Natural ■ water supply, distribution and use; Resource Commission as a respected leader in ■ energy distribution and use, including residential, scientifically based resource management and commercial and industrial use; environmental protection. We will put a scientist at its head ■ government services, procurement and building

works; ■ Maintain in the environment portfolio an effective, well-resourced and independent Threatened ■ land use planning and design; Species Scientific Committee; ■ public transport; health; and education; ■ Deliver regional planning and accountability by A NSW Labor Government will develop, no later than its restoring the integrity of Local Land Services as first year of office, a comprehensive strategy for energy regional leaders in natural resource management. efficiency in Government agencies and departments, We will rebuild the strength of the governance taking into account initiatives in other Australian model in which local plans and initiatives are jurisdictions such as Victoria, including measures for embedded in state wide planning and reinstate central budget financing and repayment of initial costs, a strong emphasis on community innovation and and reporting of energy use and emissions cooperation in relation to biodiversity protection; A NSW Labor Government will deploy energy efficient and

lighting to all public hospitals with savings directed to ■ Support local communities in driving protection health services in the local area. by encouraging community level collaborations

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to drive outcomes. We will adopt the framework ■ Support programs and incentives to improve the developed by the last Labor Federal Government energy efficiency of social housing to support community led proposals for corridor ■ Investigate innovative funding models and projects, integrating them into biodiversity incentives to assist residential tenants and planning. Adopted corridor projects will receive landlords to improve the energy efficiency of support on issues like governance and be homes and to assist with the installation of solar priorities for funding. The NRC will lead these photovoltaic rooftop systems decisions. [NSW policy 2015] ■ Investigate finance options for energy efficiency Recommendation: Support. upgrades for low income households

■ Support mandatory minimum national energy 21. LEAN efficiency standards for all major appliances Add following paragraphs after 1.55 and renumber accordingly: ■ Aim to achieve a new ‘One Million Stars’ goal to improve the cumulative star rating of all NSW Labor recognises that public transport inherently homes by at least one million additional star offers energy efficiencies. Labor will work to ensure rating points, and achieve this through a range of that all electric rail operations are able to deliver measures including incentives for more efficient energy efficiency through regenerative braking; and appliances and building materials, information upgrade lighting across public transport premises for for buyers and renters, strategic funding and energy efficiency. regulatory support Labor recognises that electric vehicles offer cleaner 2. To follow 1.64: air in urban areas, and reduced emissions when combined with clean energy sources. Labor To address energy costs for business (particularly small will investigate deployment of electric buses in business) as well as to reduce greenhouse gas emissions, Government and contracted bus fleets, and provides Labor will institute a comprehensive program to promote appropriate support for deployment of electric energy efficiency upgrades by owners of commercial vehicle charging technology. buildings. Labor will preference local procurement to Recommendation: Support. maximise job creation opportunities and minimise transportation. 23. LEAN Amend Platform Chapter 1 with the text below to follow Recommendation: Support. 1.61: 22. LEAN Labor recognises the important linkages between climate Amend 1.64 as follows: change and electricity policy. Accordingly, Labor will bring those portfolios together in Government. We must pursue 1. Delete existing 1.64 and replace with: greater energy efficiency and cleaner sources of energy. Labor is committed to strategic household energy Labor will support the growth of the renewable energy and energy efficiency responses to help reduce sector in NSW, creating jobs and economic opportunity. utility bills for families and reduce greenhouse gas Obtaining a greater share of our energy needs from emissions. Labor will: renewable sources is not only better for the environment, but promotes greater energy security and reduced energy ■ Establish a uniform building code based on costs for industry, businesses and households. energy conservation principles for new homes and major renovations, and will work with local A NSW Labor Government will establish an Office of government in order to secure compliance with Renewables within the Department of Premier and this building code allowing for regional variations Cabinet, led by the Energy and Climate Change Minister of the code based on climatic and other to drive Labor’s dual policy aims of affordable and clean determinants. The code will emphasise reduction energy. in energy consumption and will provide guidelines NSW Labor will develop a comprehensive plan to on correct orientation, insulation and solar access progressively decarbonise Australia’s energy sector, for solar energy collectors. particularly in electricity generation while providing ■ Consider a target, and support programs, for affordable energy security to business and households. improving the energy efficiency standards of A commitment to reinvigorate and grow renewable energy existing homes industries in NSW is essential to that plan.

■ Actively promote information about the energy NSW Labor supports Australian Labor’s target for at least rating of homes that are sold or leased 50% of Australia’s electricity to come from renewable

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sources by 2030. NSW Labor will work with energy The Office of Renewables will reinvigorate the Renewable experts and stakeholders to develop NSW renewable Energy Precincts to foster locally driven plans to increase energy targets and detailed strategies to achieve these renewables and decentralise power. Barriers to the targets. NSW Labor will take ambitious NSW targets growth of decentralised power will actively be removed, on renewable energy, for 2030 and beyond, to the next embedding these projects in the planning system, election. standardising contracts and approaches. Labor will establish a fund to augment renewables proposals from Labor recognises that committing to sustainability will councils and communities. create jobs, improve living standards, support regional development and encourage growth in new industries. The Office of Renewables will work with the Clean Energy Labor believes this will best position NSW to remain Finance Corporation and other sources of finance and competitive as the global economy changes. Labor will support to further promote community energy initiatives. support the growth of the renewable energy sector in NSW Labor will promote community generation and NSW, creating jobs and economic opportunity. energy storage as part of new housing developments. [new] NSW Labor will support communities reliant on NSW has abundant clean energy resources (including diesel fuel for electricity to transition their use to clean solar, wind, wave and geothermal) and is home to world energy alternatives leading centres of clean energy research and development (including in the Hunter, Sydney and the Illawarra). The Labor supports renewable energy generation by Hunter, for example, has everything it needs to prosper households as a means of reducing power bills, increasing in a low carbon future, given appropriate policy support: renewable energy supply, and reducing greenhouse world class academic institutions and research, a strong emissions. manufacturing sector used to commercializing innovation NSW Labor will facilitate the establishment of an and a highly skilled workforce. We must plan for the future Australian first market that allows electricity customers to and ensure we are building modern, resilient industries trade energy savings and generation into the wholesale that provide prosperity for decades to come. electricity market. A NSW Labor Government will provide Labor will: consumer protection for solar households and mandate a fair price for householders’ excess solar electricity. (1) Support public and private sector research and development in innovative energy technologies NSW Labor will seek to ensure that the electricity grid is able to equitably accept and distribute dispersed (2) Encourage development, manufacture and renewable energy generation. NSW Labor will make commercialisation of renewable energy technologies compliance with the Clean Energy Council’s Code of (3) Encourage investment to increase renewable energy Conduct for solar retailers mandatory for all those who technology manufacturing and implementation wish to receive NSW government contracts. This will capability provide consumer protection for solar households. (4) Pursue opportunities for co-operation with the NSW Labor will promote renewable energy generation and Clean Energy Finance Corporation and Australian energy storage as part of new housing developments. Renewable Energy Agency, and consider needs NSW Labor will work with stakeholders, including industry and options as appropriate for further NSW based and finance bodies, to promote access to renewable financing of renewable energy development and energy, including rooftop solar, for renters and apartment deployment dwellers NSW Labor will roll out rooftop solar for all (5) Remove arbitrary and discriminatory barriers to suitable public housing premises. deployment of clean energy technologies The Office of Renewables will develop a strategy for (6) Ensure that regional NSW benefits from facilitating household purchasing of renewable energy, opportunities in a clean energy economy (including particularly for households which lack suitable space for through development of the Hunter as a clean installation on their premises such as rooftop solar . energy hub) Labor will work with stakeholders (including the Clean (7) Assist fossil fuel dependent communities to diversify Energy Finance Corporation and other finance sector their economic base and capitalise on global shifts bodies; small business representatives, and the property to a decarbonised economy industry) to promote access to renewable energy in commercial premises, including small business – as Community generation: NSW Labor supports local and a means for reducing costs for business, and to take community initiatives for renewable energy generation and advantage of available space for renewable energy decentralised power. generation.

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Labor believes that government must lead by example (1) those coal fired generation plants within the national in purchasing of renewable energy. NSW Government electricity market with the highest emissions intensity agencies include some very substantial power users, such are retired first (including through regulatory and as the electric rail network. pricing mechanisms) A NSW Labor Government will purchase electricity for (2) rehabilitation of obsolete power plants is funded NSW Government departments and agencies from by their owners and operators, and not left to the renewable sources, where possible. As power contracts taxpayer come up for state government electricity use, a NSW (3) just transitions are provided for affected workers and Labor Government will purchase power from renewable communities sources, if it can be done in a cost effective manner. Labor will investigate "reverse auctions" that have been The transition to a clean energy economy carries both used successfully in the ACT and will be explored in opportunities and uncertainty for workers. Labor will Queensland. ensure jobs in the clean energy economy provide security, decent wages and conditions. Labor will not only As well as addressing greenhouse gas emissions, address the challenges but will pursue all opportunities to installation of rooftop solar power on government premises modernise our economy, build more and better jobs and will save energy costs to the budget and the taxpayer. build a future that is clearer, healthier, more equitable and A Labor Government will install solar panels in all public ultimately sustainable. schools in NSW in TAFE facilities, in public hospitals, and on all other government properties wherever appropriate, Growing diverse regional economies in areas such as the and where possible will accompany this with installation of Illawarra and the Hunter Valley is necessary to make the energy storage. transition to a clean energy economy while ensuring this is a just transition for affected workers and communities. A NSW Labor Government will remove the Coalition Government’s draconian restrictions on approvals for wind Labor will work with communities, unions and industry to farm developments. develop a comprehensive regional development approach which supports the growth of sustainable new industries, NSW Labor will facilitate a fair go for the wind industry, the technologies and practices. fastest growing, most mature and cheapest renewable energy source. Wind farms will be subject to usual Labor will ensure that NSW plays its part in: planning laws for developments of the applicable size and ■ making training and skills programs available for scale. Instead of leaving the industry in limbo with unclear workers wishing to build skills in energy efficient guidelines, Labor will provide clarity for the wind industry technologies and transition to new, clean energy or and the community. A NSW Labor Government will ensure low pollution industries; that the wind industry properly consults with affected communities as well as provides an adequate and shared ■ capitalising on the significant new job opportunities financial benefit from the prosperity generated. across the renewable energy supply chain;

Burning of native forest timber and cleared vegetation ■ and developing structural adjustment strategies and for electricity production is not clean or renewable investment for communities impacted by change in energy, and forms no part of a credible strategy for the sector reducing greenhouse gas emissions. Labor will reinstate Recommendation: Support. the prohibition on burning native forests and cleared vegetation for electricity. NSW Labor has long opposed the exploration and extraction of uranium in this State, and its export from NSW. We remain unconvinced of any benefits nuclear power may bring, and remain mindful of the challenges caused by how to manage and store spent fuel rods and radioactive waste that lasts many lifetimes. A Labor Government will maintain a ban on uranium exploration, extraction and export. A NSW Labor Government, through COAG, will initiate a national framework for the decommissioning of obsolete coal fired generation plants. Labor will work to ensure that

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24. LEAN AGENDA ITEMS Amend 8.10 as follows: NSW Labor will, in co-operation with the Federal 1. BATHURST BRANCH Government, implement a Conservation Strategy for Conference supports the establishment of a national sustainable development and protection of renewable institute of professional extension to serve Australia’s natural resources. This includes programs of advice and national interest regarding agriculture and natural resource assistance to land holders and community groups that management. prevent land degradation and encourage Total Catchment This body will actively support and promote best practice Management practices. NSW Labor will seek co-operation extension practice, research communication, and with the Federal Government and States and Territories to maximise innovation adoption across our agricultural pursue this strategy nationally. industries and natural resource base. Insert following 8.10: Recommendation: Support in principle. Land clearing: Labor will prevent broad-acre clearing and clearing of endangered and threatened regional 2. AUBURN LIDCOMBE UNITED BRANCH ecosystems and ecologically sensitive areas. Labor will That this Conference endorses the campaign to Restore establish programs to revegetate depleted landscapes the Inner West Line and that the Conference write to the and ecosystems. [Qld platform 5.50-51] Minister for Transport to call for the restoration of lost Recommendation: Support. services on this line. Recommendation: Support.

3. AUBURN LIDCOMBE UNITED BRANCH That this Conference calls on Transport for NSW to install an Opal recharge machine at all stations. Further that we call on Transport for NSW to maintain station staffing to provide customer service, safety and security to city rail users. Recommendation: Support.

4. AUBURN-LIDCOMBE UNITED BRANCH Conference calls for an urgent Senate enquiry into the operations, staffing, funding and key decisions of the Great Barrier Reef Marine Park Authority (GNRMPA). Conference demands the reinstatement of the authority’s funding and the return of the expert advisors needed to protect the reef. The GNRMPA has had its funding reduced by the Abbott / Hockey budget, at least 3 senior directors and 17 key marine experts have been forced to leave. These experts are from the preservation / conservation and biodiversity sections. These people have shaped the policy and strategies to protect the reef. Poor planning, lack of effective public consultation and notification, limited research and reasoning are behind the approval of the Abbotts Point Coal Terminal in Queensland. The proposal to dump the dredged spoil firstly on the Reef then on the coastal mudflats / mangroves and wetlands displays complete disregard of the unique close environmental links between the reef, the mudflats and the mangroves. It is the moral, economic and environmental duty of all political parties in Australia to protect the Great Barrier Reef from any threat and at any cost! Recommendation: Support.

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5. TAREE BRANCH 8. ARMIDALE BRANCH Conference calls to extend its proposed policy banning That the ALP investigates the availability of low interest coal seam gas extraction in the Richmond and Clarence loans through the establishment of a Green Bank in valleys to the Manning and Karuah river catchments. Australia to promote renewable energy and support local (Including the Gloucester - Manning basin in the CSG business and employment. ban would mean extending the proposal by one further Recommendation: Support in principle. electorate.) Refer to National Conference The NSW Branch is doubtless well aware that Coal Seam Gas extraction has become a vital issue in this electorate. 9. KURING-GAI BRANCH While the contentious site is outside of the Myall Lakes In light of the disgraceful actions of the Abbott government electorate in the vicinity of Gloucester, we not only stand and the anti-environmentalists in the Senate in repealing in solidarity with our comrades in that area, but share key aspects of the Labor Party’s Clean Energy program:

the concern of many residents of Taree and Forster at ■ other actions to protect the environment are urgently the risk such activity poses to the water supply. The required; upper Manning - Avon river catchment, a prime site for "fracking", is also the source of urban water supply for ■ the opportunity is there for Labor to take meaningful Greater Taree and Forster-Tuncurry, as well as supply for action if we win power in New South Wales next Primary industry. March; The Coal Seam Gas Industry has a bad record overseas, ■ the motions represent ideas of what could be done;

due to chemical spills, inadequate reservoirs and ■ the actual goals (the amount of renewable energy unremediated workings, in particular: AGL, the main to be achieved) set out in the first motion are of enterprise, can hardly be said to have an unblemished necessity at this stage arbitrary and will need to be record. Additionally, licences have been granted to drill refined when Labor gains power having regard to close to residences and urban areas. the advice of those expert in the field;

Recommendation: ■ the motion concerning licencing CO2 emissions Refer to Shadow Minister for Industry, Resources is no different in practice to what now occurs with and Energy. other noxious and toxic gases – those producing them are obliged to take action to limit their amounts 6. SEVEN HILLS BRANCH to acceptable levels with the view to eliminating Conference urges the NSW Branch of ALP and the emissions over time; Shadow Minister for Energy to adopt a policy of ■ the Conference wants the in-coming Labor State hypothecating the first 20 % (or an appropriate amount) government to be vigorous in its actions in reducing of natural gas production in NSW to the domestic gas greenhouse gases market. That, as a matter of priority, the next Labor Government Recommendation: Note. have Parliament enact legislation requiring electricity Superseded by National Conference Policy. retailers to source (by 2025) at least 50% of the power that they sell from renewable sources. 7. ROBERTSON FEC The legislation must provide for the progressive Conference moves that the Labor Party begin the process achievement of this goal, setting out annual goals. of making all levels of Government Carbon Neutral. The Commonwealth, State and Local Governments are large Retailers that do not reach their goals should be required organisations that have significant carbon footprints on our to pay the equivalent of meeting their target into a fund atmosphere. While in office, Labor Governments should which is to be used to finance the production of renewable be leading the way to ensuring that Government reduces energy. This payment shall not be taken as the equivalent its impact on the climate through a range of measures of meeting the shortfall for that year. That shortfall is to be including clean energy, carbon offsetting, and other green carried forward and made up in subsequent years. efficiency initiatives. Climate Change is an urgent and Retailers that exceed annual goals should be rewarded dangerous threat to our environment, and we should be (where that greater percentage of renewably sourced looking at all possible measures to reduce human impact. power is carried forward in subsequent years, that Recommendation: Support. is where the retailer also meets the base target for subsequent years) by being able to access power at favourable prices from renewable energy sources constructed from payments made by retailers who do not meet their targets.

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Renewable sources are to include large scale wind, solar, 11. WYONG SEC tidal and hydro power as well as more small scale sources NSW State Conference urges the inclusion, as its policy, such as roof top solar. that the State of NSW become the broker for insurance for Retailers should also be able to be credited (that is, taken risk associated with sea level rise and that a plan be made as having met a part of their target by the amount of by the State of NSW for the effects of sea level rise by energy produced or saved) where they assist in financing using the principal of planned retreat of at risk coastal land. individuals and companies who: Recommendation: Note. ■ Install solar photovoltaic cells or other approved Refer to the reform of the Coastal Management types of renewable power generators on rooves of Act. Labor calls on State Government to ensure elsewhere on their properties; comprehensive, evidence based plans for sea level rises are in place. ■ Reduce their consumption of energy. The Government is to continually monitor this scheme with 12. WOY WOY BRANCH the view to increasing the target percentages or bringing That Conference supports the preservation of the them forward, having regard to scientific evidence as to Liverpool plains as an agricultural food bowl and opposes speeding up our efforts to reduce CO2 emissions. the commencement of any mines in the area that impinges Reduction of CO2 on this usage. That, as a matter of priority, the next Labor Government Further we call on the State and Federal ALP Leadership has Parliament amend the Protection of the Environment to do everything possible to stop mining in the area from Operations Act to: proceeding. 1. Specifically identify CO2, when produced as the Recommendation: Support in principle. result of any type of industrial or mining activity, as a pollutant which can only be emitted under a licence 13. LANE COVE BRANCH/LANE COVE SEC under the Act; That Transport NSW immediately investigate alternative options for the Sydney Metro City and Southwest 2. Require licences permitting the emission of CO2 to proposal, namely that a second harbour rail crossing be contain conditions to: delivered as part of the existing heavy rail system, with the ■ limit the amount of CO2 that can be produced; existing north shore line being reconfigured to a "metro" and style of operation.

■ oblige licence holders to put in place measures to Those other details of the alternate options be developed progressively reduce or capture CO2 emissions; as best suits each option.

■ require the EPA to identify and publicise industrial That these options be communicated to the NSW public and mining sources of CO2, setting out where and Sydney rail commuters prior to a final investment they are located, the amount of CO2 emitted and decision is taken on the Sydney Metro City and Southwest the measures in place to limit or reduce those proposal. emissions. Recommendation: Support in principle. Recommendation: Support in principle. Refer to Shadow Minister for Roads.

10. PORT MACQUARIE SEC 14. LANE COVE BRANCH Labor supports the fibre to the premises model of the Conference calls for the NSW Parliament to immediately NBN for ALL Australians. suspend the 10/50 Vegetation Clearing Code of Practice and to conduct a full inquiry into the abuse in the Recommendation: Support. application of the Code. Conference supports the repeal of the 10/50 Vegetation Clearing Code and its replacement with a system of rapid assessment and approval for vegetation clearing for the purpose of bushfire protection. Recommendation: Support.

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15. TAMWORTH BRANCH 17. BATHURST BRANCH Conference calls on the next federal/NSW state Labor Conference condemns the existing NSW Government government to stop all work on the Shenhua Watermark Policy with respect to Water Charges, in that it does not mine on the Liverpool Plains in New South Wales for these meet its intended demand reduction intent, and seeks to reasons: have the matter investigated by the Independent Pricing and Regulatory Tribunal. This policy must be changed at ■ the environmental reports are both incorrect and State level. biased towards the development of this mine Recommendation: Support. ■ all the people of the Liverpool Plains will get out of this mine will be a hole in the ground since the 18. KINGS CROSS BRANCH Free Trade Agreement with China will mean that no employment will be provided for local workers. Conference calls on the NSW ALP to take the necessary steps to ensure that all people in NSW have equality of Recommendation: access to safe and secure housing by using all state Refer to Shadow Minister for Industry, Resources powers including the Application of Inclusionary Zoning and Energy. principles (or value-uplift) to ensure the provision of affordable housing. 16. HORNSBY BRANCH Recommendation: Support. Conference requests the NSW Labor Opposition take a strong and principled stand on the location of the emission 19. LAKEMBA BRANCH portals for the proposed road tunnel linking the M1 and the M2. Conference believes council property should be used to create employment for the locals. Emphasis should Conference recognises the need for this important road be on industrial developments, where many jobs can infrastructure and the expensive difficulty in retrofitting be created, to not only encourage developers to build these road tunnels into the urban landscape. However, more apartments. A certain portion of the sale proceeds it is an indisputable fact that the pollution discharged should be engaged in employment creation to reduce the from these portals will have serious and potentially life unemployment rate in Canterbury. threatening effect upon the residents who live in close proximity. The World Health Organisation has described Conference also urges council to stop selling government air pollution as the ‘asbestos’ of the next century, and properties as government properties are valuable the very young, sick and elderly will be most severely resources and they are hardly get restored once they are impacted. sold out. This Conference strongly recommends that a future Labor Recommendation: Note. Government will move swiftly to make sure that the portals Refer to Member for Canterbury. be relocated away Hornsby Hospital and from residential dwellings at the Wahroonga end. 20. LAKEMBA BRANCH Conference notes continuing concerns in the community In addition, that the Pennant Hills portal stack is fitted with about public safety in Railway Pde between Haldon Street the most efficient, well-designed filtration system currently and Croydon Street, Lakemba. Conference calls for more available as a minimum best practice option. police patrols and community forum to be chaired by the This is a local issue that our local Labor candidates can Central and West Ward Councillors. and are campaigning on for the next state election and this Recommendation: Note. Conference requests your urgent favourable consideration Refer to Member for Lakemba. and prompt action on this issue. When the Liberals were in Opposition, they vehemently 21. LAKEMBA BRANCH debated on Lane Cove tunnel, asking for filtration on the Conference calls on the Government and the Australian stacks but now they are in government, they are choosing Labor Party to adopt a regulatory approach that ensures not to use best practice. This is disingenuous behaviour Australia's gas prices are not completely exposed to and the current NSW Liberal Government should be a distorted global price. This would be in the form of a brought to account for it! gas reservation - or reservation like - policy. Conference Recommendation: Support in principle. notes that every other gas exporting country in the world Refer to SPLP. manages to balance the interests of gas producers and broader economy- Australia should too. Recommendation: Note. Superseded by National Conference.

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22. ROOTY HILL BRANCH Recommendation: Conference calls on the next State Labor Government to Amend to delete “feasibility studies” as studies invest significantly more, funding into public housing as a are currently underway. Support. way of promoting the building sector. More housing means more affordable housing. 26. EPPING SEC Conference urges the State Labor to reaffirm existing Recommendation: height limits for the Sydney CBD and recognises that Amend to read "funding into public and affordable future growth in commercial office capacity should be housing..." and support. developed in decentralised centres around the Sydney metropolitan area and must be supported by adequate 23. CLARENCE SEC public transport links. Conference objects to: Recommendation: Reject. ■ the exclusion of the Clarence electorate from Labor supports the development of future growth policy announcements at the 2015 State election in commercial office capacity around the Sydney described as applying to the "NSW Northern Rivers" metropolitan area, and notes this must be supported

■ announcement of the policy to establish a Koala by adequate public transport links. conservation reserve on State Forest land with little or no consultation with union and industry 27. TOUKLEY BRANCH representatives as to the potential impact of the The NSW State conference ask that the NSW State particular proposal let alone expert opinion about its Labor party adopt a policy to disallow the approval and dubious benefits for the diverse and scattered koala development of any coal mining operations or head works populations within a distance to be set by the NSW chief scientist of an existing or planned urban growth area and any land that is Recommendation: Note. likely to be zoned residential or commercial in the future. Refer to SPLP. Recommendation: 24. ADAMSTOWN BRANCH Refer to Shadow Minister for Industry, Resources Conference calls for Labor to commit to funding the and Energy. construction of a multi-storey car park at the University of Newcastle's Callaghan campus and to supporting such a 28. NEWCASTLE FEC project at the local level. The Conference urges the adoption of a national container deposit scheme. The Conference understands that the The University of Newcastle has become infamous for South Australian scheme has been successful in litter its parking and traffic problems. It is now reaching the reduction. The Conference also notes that organisations stage where students are faced with a choice of illegally such as Clean Up Australia support such a scheme. parking their car on campus or give up and go home. As this university continues to grow, this issue needs to be Recommendation: Support. addressed. 29. TOUKLEY BRANCH Recommendation: Note. Biobanking will help provide incentives for private 25. ADAMSTOWN BRANCH landholders to hold valuable conservation lands in planned wildlife corridors both east and west of the Great Divide. Conference calls for the following initiatives for public transport in the Newcastle area: Conference calls on NSW Labor party to adopt as its policy: The light rail service from Wickham to Newcastle Station to be routed along the existing heavy rail ■ the preservation of important existing bushland, corridor with the saving, when compared with ■ to provide important connections between bushland the proposed Hunter Street route, to be used for areas feasibility studies for extending the network to Newcastle University, the John Hunter Hospital ■ to extend bushland reservations to include important complex and other significant developments. ecological environments through a program of planned wildlife corridors systems and wildlife Conference believes that the windfall from the sale of the refuges east of the Great Dividing Range and in the port provides the opportunity to establish an initial light rail coastal regions of NSW. network which can form the basis of future effective public transport infrastructure in the Newcastle area.

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It is proposed that this would be achieved through an 32. NEWTOWN SEC incentive scheme under amendments to the Biobanking Conference notes: legislation and would as a goal promotes high levels of environmental value to the planned bushland refuges (a) that the re-elected Baird Government plans to go and corridors without diminishing land values relative to ahead with its plans to build WestConnex with all the the surrounding improved land values (in other words attendant disastrous aspects which will affect the developed land). areas in the vicinity of the St Peter's Interchange; That a similar but separate scheme under amendments (b) that Labor policy in the recent State Election was to the Biobanking scheme be implemented throughout that a Labor Government would not build that phase the Great Dividing ranges and west of the Great Dividing of WestConnex; Range. (c) that it was Labor on the Marrickville Council that first Recommendation: Support. raised the alarm over the Government's plans to build the St Peter's Interchange; 30. LAMBTON NEW LAMBTON KOTARA (d) that Labor remains opposed to the Government's BRANCH plans for the St Peter's interchange and the SEC This Conference supports Cycleways for Newcastle. commends the Labor Member for Heffron, Ron Hoenig, for arguing that the Government must drop Newcastle Cycleways proposed CycleSafe Network. its plans for this aspect of the project. This proposal should be fully implemented with money from the privatisation of Newcastle Port and commenced Accordingly, the conference: immediately. (a) affirms its support for the community campaign Newcastle Cycleways have produced a system of safe, against the Government's plans for WestConnex easy-to-follow cycle routes connecting destinations across at St Peter's and we will urge Labor members and Newcastle and Lake Macquarie. The CycleSafe Network supporters to support that campaign; attempts to overcome key barriers to cycling: it provides (b) will approach Labor-affiliated unions which would convenience, connectivity and an environment in which have coverage of workers on the site to ask them people feel safe cycling. It can make cycling a viable to enter into consultations with local residents and transport option for our region and benefit tourism, as well their representatives, including the Marrickville as delivering major economic, social and health benefits. Council, with a view to supporting this campaign. The CycleSafe Network includes approximately 90km of The demand should be for the State Government to existing paths and 160km of new routes concentrated in enter into meaningful negotiations with residents and the areas of denser populations, with connecting links to the Council to avoid the current ill thought out plans outlying suburbs. for the interchange. Should the State Government Recommendation: Support in principle. refuse to enter into meaningful discussions with the residents and their representatives, we would ask 31. ENMORE BRANCH the unions to consider imposing green bans on work associated with the site, including on the destruction Conference calls upon NSW Labor to investigate how to of homes; best protect non-threatened fauna species in the 2016 NSW Labor Policy. The protection of non-threatened (c) will publicise its support for the campaign and the fauna species is crucial for the conservation of biodiversity terms of this resolution in the community, calling across the entire state. While existing party policy is to be for the widest possible support for a well-planned commended for its focus on endangered fauna species, and coordinated campaign to support the affected protection needs to extend to non-threatened fauna residents, a campaign that will bring residents species because in terms of both species numbers and, and workers together in supporting a socially and more importantly, total population sizes, non-threatened environmentally beneficial approach to this project. species predominate. Recommendation: Recommendation: Support. Amend as follows, and support: Conference notes: (a) That the re-elected Baird Government plans to go ahead with its plans to build WestConnex with all the attendant disastrous aspects which will affect the areas in the vicinity of the St Peter’s interchange;

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(b) That Labor policy in the recent State Election 35. NEWTOWN SEC was that a Labor Government would not build Conference recognises the extreme scarcity of public Stage 3 of the Westconnex project. housing the inner city of Sydney and calls for the NSW (c) That it was Labor on the Marrickville Council State Labor Conference to commit to: and the City of Sydney Council that first raised 1. opposing the privatisation of affordable housing; the alarm over the Government’s plans to build the St Peter’s Interchange. 2. a future Labor Government having a affordable housing involving large-scale public housing (d) That Labor remains opposed to the construction; Government’s plans for the St Peter’s Interchange and conference commends the 3. the construction to include the inner areas of the city, Member for Heffron, Ron Hoenig, for arguing rather than being concentrated at the urban fringe; that the Government must drop its plans for this and aspect of the project. 4. an affordable housing construction program that Accordingly, the conference: builds housing of all sizes, of high quality, and of the highest environmentally sustainable standards. (a) Affirms its opposition to the building of the St Peter’s interchange as it will cause traffic chaos Recommendation: for inner west communities. Amend point 1 to read: “opposing the sale of public and affordable housing to anyone other than not for (b) Commends the SPLP for pursuing transparency profit affordable housing providers”. Support. around the entire project, including the release of the full business case and traffic modelling 36. KURING-GAI BRANCH used to justify the project from the WestConnex The Conference calls on the Party to adopt as policy that Delivery Authority, now Sydney Motorway every proposal for State Significant Infrastructure and Corporation. State Significant Development to be carried out by or on behalf of the government including for public purposes 33. LAMBTON NEW LAMBTON KOTARA such as toll roads and railways be accompanied by a BRANCH detailed report setting out the economic case for the Conference notes that every other gas exporting country proposal, detailing (amongst other things) the financial in the world manages to balance the interests of gas costs and benefits and the social costs and benefits of the producers and the broader community by reserving a proposal and the degree of and rationale for any public domestic gas supply; this includes the United States of subsidy America. Recommendation: Conference supports the principle of reserving for Amend to include: “financial, social and domestic use a part of National gas production and call environmental costs and benefits of the proposal”. on the Federal Government through the Australian Labor Support. Party to regulate pricing accordingly. Recommendation: Note. 37. KURING-GAI BRANCH Superseded by National Conference Policy. The Conferences calls on NSW Labor to adopt a policy for a comprehensive transport plan to be prepared for 34. NEWTOWN SEC the greater Sydney area identifying the routes for different Conference urges the Shadow Minister for the means of public transport and laying down indicative Environment and fellow MPs to pay close attention to the timings for its implementation. detail of the forthcoming Biodiversity Legislation, because Recommendation: Support. it is shaping up to dilute the legislative gains of Labor and diminish the states capacity to manage its natural areas and its fauna. Recommendation: Note. Refer to SPLP.

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38. GLEBE BRANCH / BALMAIN SEC 40. CESSNOCK BRANCH This Conference calls upon the State Parliamentary Labor Conference urges the State Parliamentary Labor Party Party to: to consider the policy of using open cut mining areas to dispose household waste once mining has finished in the ■ actively support significant investment in public and hope of averting illegal dumping. affordable housing projects in major urban renewal areas in NSW; Recommendation: Reject – follow up why.

■ re-establish a Minister for Housing when in 41. LAMBTON NEW LAMBTON KOTARA Government to reform the sector; and BRANCH ■ support a national housing affordability summit Conference calls on the NSW Government to consider bringing together Federal, State,and local using the existing Newcastle rail corridor for light rail, and government to consider all aspects of housing undertake community consultation on the proposal. That a policy, including the abolition of negative gearing copy of the original business case justifying the truncation and the capital gains tax rebate, reform of planning of the rail line be made public. legislation to support significantly higher levels of public and affordable housing close to jobs and Recommendation: Support. services, a strong charter of renters rights, and cooperative housing schemes. 42. LAMBTON NEW LAMBTON KOTARA BRANCH Recommendation: Support. 1. That Conference supports the retention of the rail 39. ALEXANDRIA BRANCH / HEFFRON SEC / line to Newcastle Station and notes the Liberal BALMAIN SEC State Government’s decision to truncate the line in late 2014 and the disastrous public transport That the Conferences does take the necessary steps to consequences of this decision for the City of ensure that all people in NSW have equality of access Newcastle. to safe and secure housing by using all state powers including, but not limited to: 2. That Labor MPs works to hold the Government to account on delivering proposed revitalisation ■ Levying of Stamp Duties on property sales with a projects for Newcastle and will formulate a broader view to expending a significant portion of income plan for an integrated public transport network in the arising from the sale/purchase of ‘investment’ Lower Hunter including, but not limited to, expansion properties on the provision of public housing stock of the proposed light rail network to connect the as government owned and operated infrastructure Inner City with the University at Callaghan, the John ■ Application of Inclusionary Zoning principles to Hunter Hospital, Merewether Beach, Charlestown, ensure space for the building of affordable housing Newcastle Airport, the Wallsend CBD, the proposed stock Glendale Interchange and Hunter Stadium.

■ Removing the budget relief granted to NSW 3. That the proposed light rail should be fully accessible Government Departments and Agencies such as by wheelchair and prams, and be based on state of Health and Corrective Services through requiring the art hardware. NSW Lands and Housing Corporation to provide Recommendation: housing for the clients of said agencies/departments Amend as follows and support. without requiring the agencies to pay for such services, which would enable NSW Lands and 1. That Labor MPs works to hold the Government Housing Corporation’s entire budget to be applied to to account on delivering proposed revitalisation the provision and operation of public housing stock projects for Newcastle and will formulate a for the benefit of the people of NSW in accordance broader plan for an integrated public transport with the Aims and Objects of its empowering network in the Lower Hunter including, but not legislation limited to, expansion of the proposed light rail network to connect the Inner City with the Recommendation: Support, noting University at Callaghan, the John Hunter amendments to add “affordable” before “public Hospital, Merewether Beach, Charlestown, housing”. Newcastle Airport, the Wallsend CBD, the proposed Glendale Interchange and Hunter Stadium.

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2. That the proposed light rail should be fully ■ Declare ‘no-go zones’ for mining and gas on our accessible by wheelchair and prams, and be productive farmlands, in areas where it will have a based on state of the art hardware. negative impact on local business and employment, and in our iconic natural places.

43. LAMBTON NEW LAMBTON KOTARA ■ Restore the legal right for communities to appeal BRANCH mining approvals in the courts.

Conference supports the Newcastle Urban Renewal ■ Put in place an independent, transparent and Strategy 2012 (NURS), including the NURS principles for rigorous assessment of mining and gas projects and the Hunter Street Revitalisation; and that building heights strengthen monitoring of existing operations and of 40m AHD ['metres above sea level'] be applied in the enforce penalties for breaches. inner city for development greater than 10,000m2 in line Recommendation: with the community consultation included in the original Refer to SPLP. Newcastle LEP [Local Environmental Plan] 2012 to facilitate development while protecting Newcastle’s historic centre and skyline. 47. TOONGABBIE BRANCH That the NSW Annual Conference support the Recommendation: Support in principle. establishment of a Trust to take responsibility, ownership and management of the Fleet Street, North Parramatta 44. LAMBTON NEW LAMBTON KOTARA 'World Heritage' quality site. BRANCH On forming a Trust to control all government land, Conference recognises that the Convention on Biological aboriginal culture and convict heritage on the site, planning Diversity set a target to preserve 17% of the Australian and development, the Trust would set up a Community landmass as protected area estate. Labor commits Consultative Committee to report to the Trust. to securing and conserving representative and viable samples of all bio-geographical regions of the state in the Recommendation: Support. national park estate and moving towards the target set through the Convention on Biological Diversity. 48. TOONGABBIE BRANCH A Labor Government will continue its legacy of National That The NSW Annual Conference supports the retention Park creation. Labor will direct the National Parks and of the Caloola Reserve at Constitution Hill and its listing as Wildlife Service to develop funded reserve proposals and a National Heritage site. a plan for progressing the implementation of the NSW The reserve is the site which commemorates the 1804 National Parks Establishment Plan. assembly point of the Irish political convicts who sought A Labor Government’s priority will be the creation of the their freedom in the early colony of NSW. Great Koala National Park on the state’s north coast. Recommendation: Support in principle. Other priorities include improving the links between the various parts of the Paroo-Darling National Park to ensure 49. LEAN this inland oasis of lakes and birdlife is safe. Labor recognises that the Convention on Biological Recommendation: Support. Diversity sets a target to preserve 17% of the Australian landmass as protected area estate. Labor commits 45. LAMBTON NEW LAMBTON KOTARA to securing and conserving representative and viable BRANCH samples of all bio-geographical regions of the state in the That Labor in Government will review the planning act to national park estate and moving towards the target set support contributions for state significant development, to through the Convention on Biological Diversity. ensure that local councils receive their fair share of funds An elected Labor Government will continue its legacy of from these developments, and to ensure council funded National Park creation. Labor will direct the National Parks infrastructure, the need for which has been created by the and Wildlife Service to develop funded reserve proposals development, are so funded. and a plan for progressing the implementation of the NSW Recommendation: Support. National Parks Establishment Plan. Labor's first priority is the creation of the Great Koala 46. TOONGABBIE BRANCH National Park on the state’s north coast. Other priorities That the NSW Annual Conference calls upon the NSW include improving the links between the various parts of State Government to: the Paroo-Darling National Park to ensure this inland oasis of lakes and birdlife is safe. ■ Declare ‘no-go zones’ for mining and gas in coastal drinking water catchments and our rivers, streams, Recommendation: Support. wetlands and groundwater.

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50. LEAN 54. LANE COVE SEC NSW Labor will review the EPA Waste Levy and ensure Conference calls on NSW Labor to: that funds raised are returned to local councils for 1. Oppose forced council amalgamations of Ryde City environmental improvement/sustainability works. Council, Lane Cove Municipal Council, Hunters Recommendation: Support. Hill Municipal Council, North Sydney Council, Willoughby Council and Mosman Council. 51. AUSTRALIAN SERVICES UNION 2. Support the concept of a Joint Regional Authority NSW Labor is committed to maintaining and supporting between Ryde City Council, Lane Cove Municipal high quality and specialised social and community Council and Hunters Hill Municipal Council in lieu of a services. The community sector provides support for the forced amalgamation. A Joint Regional Authority will most marginalised and vulnerable in our community. NSW allow each Council to determine which services are Labor is committed to working with the sector to develop to be jointly procured versus which services are to be fairer and more secure funding mechanisms into the future. retained under the individual control of each Council. In particular NSW Labor: 3. Support a voting ratio of Ryde (3 votes), Lane Cove

■ Does not support competitive tendering for (2 votes) and Hunters Hill (1 vote) for any decisions community services and will always advocate that are made by the Joint Regional Authority. for a fairer distribution of funds between smaller 4. Support the notion that each Council can choose locally based organisations and larger state-wide in its own right which services are transferred to the organisations, and between specialist organisations Joint Regional Authority. and generalist support providers. Recommendation: Support. ■ Does not support for-profit providers making profits from the provision of essential community services 55. FARRER FEC

■ Supports sustainable funding cycles of 5 year That Conference re-examine the Party's stance on nuclear service agreements energy

■ Is committed to agreed and planned indexation of Recommendation: Note. community and social services funding Refer to National Conference.

■ Values the important advocacy work of the 56. UNITED VOICE community sector and will not seek to silence the voice of the sector and the people they support in Today more than 30% of people live in rental housing. The gag-clauses or any other such restriction proportion of people in rental housing, and the amount of long-term tenants, is constantly increasing, with over a Recommendation: Support. third of people renting for ten years or more.

52. ALEXANDRIA BRANCH Rental housing has substantially lower quality of housing stock and lower incidences of energy efficient appliances. That Local Government Councils include with rate Despite substantive improvements around energy efficiency, demands adequate information as to what rates are being people on low income and renters have substantially spent on so that the ratepayers are aware of how their rate missed out on these gains. Renters are increasingly living in moneys are being spent. energy inefficient, uncomfortable and unhealthy homes, and Recommendation: Support. often paying substantially more for their energy. Our platform recognises "the importance of housing in the 53. LANE COVE SEC economic and social life of Australia". In order to do so That the Conference calls on NSW Labor to: rental housing must become both liveable and sustainable

■ Support the policy calling for the NSW Parliament to if it is to remain such a substantive proportion of our immediately suspend the 10/50 Vegetation Clearing housing. According to ACOSS Report ‘Energy Efficiency Code of Practice and to conduct a full inquiry into and Low Income people’ people on low incomes are twice the abuse in the application of the Code, AND as likely to have heat related health impacts compared to people on higher incomes. ■ Support the repeal of the 10/50 Vegetation Clearing Code to be replaced by a system of rapid Labor in opposition and as a priority for their first term in assessment and approval for vegetation clearing for government will explore policies and programs to improve the the purpose of bushfire protection. housing stock and energy efficiency of rental homes in order to make renting more comfortable, healthy and sustainable. Recommendation: Support. Recommendation: Support.

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57. BYRON BAY BRANCH 60. ENMORE BRANCH Conference calls on a future Labour Government to The Conference urges the state parliamentary party to support local Councils to enable to implement local pursue details of the proposed biodiversity legislation initiatives to provide additional sources of revenue. that seeks to review, reform and consolidate Labor's invaluable environmental legislative legacy. It is easily Byron Shire Council and the community are required possible to envisage a relaxing of current legislation and to build and maintain significant public infrastructure to regulations, with government departments moved away support the thousands of tourists that visit our region. from conserving biodiversity and letting local interested There is currently a massive infrastructure backlog and individuals determine the future of our natural environment obvious ongoing maintenance issues, not least of which is the state of our local roads. It is unfair to expect local Recommendation: Support. residents and residential ratepayers to fully finance this Refer to SPLP. infrastructure required by tourists. 61. ENMORE BRANCH As such, Conference calls on a future NSW Labor Government to enable local councils, such as Byron Shire, The Conference urges shadow federal environment to implement local initiatives that will provide additional spokesperson, Mark Butler, to pursue the Coalition sources of revenue from visiting tourists – both overnight Government, particularly the PM, on its decision to revoke stayers and day-trippers. 74,000 ha of World Heritage Area in Tasmania. Conference supports a change to the Local Government Recommendation: Support. Act to enable local councils to implement a levy on Refer to Shadow Minister for Environment, accommodation providers that can then be used to Climate Change and Water. support the provision of local services, infrastructure and tourism development. 62. ERMINGTON BRANCH Conference opposes proposed changes to strata law that The current restrictions in the Act that require a council would see less than unanimous support required for the to show a ‘direct benefit’ are restrictive and unworkable. sale of a property. We call on the NSW Labor conference to support this resolution. Recommendation: Support. Recommendation: Support. 63. ERMINGTON BRANCH 58. ENMORE BRANCH Conference unequivocally supports the independence of the ABC. The Conference considers that the Pilliga forests/coal seam gas debate is a great opportunity for the ALP to find Recommendation: Support. weaknesses in the State government’s haste to push CSG at the expense of the environment." 64. LEAN Recommendation: Note. Conference calls on: Refer to SPLP. ■ A Labor government to take responsibility for the implementation of planning measures associated 59. ENMORE BRANCH with climate change induced sea level rise and The Conference asks the shadow minister for the coastal flooding by formulating a plan with the environment to pursue the government over what it insurance industry enabling proper risk to be is doing to conserve the grey-headed flying-fox as a assessed on each property for the year of the policy. threatened species. There is no doubt that the species ■ A Labor government to enable a local government causes conflict, and management is essential, but all body to be provided with insurance across the local management actions should be in the context of a government area for any risk of a flood event caused recovery plan for the species. by a storm event designated to be over and above a Recommendation: Note. normal flood risk. Refer to Shadow Minister for Environment. ■ A Labor government to legislate to provide local government a way to levy land owners a share of the local government’s insurance premium for insurance cover above the risk of a normal flood event.

■ A Labor government to legislate to allow local government to levy property owners a proportion of the insurance premiums for the purpose of collecting

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money unto a fund used for the express purpose of 68. ERMINGTON BRANCH buying properties at high risk of tidal inundation and Conference expresses strong support for improved flooding. This fund would be used for the purposes public transport infrastructure for the Parramatta area. of putting a floor price under the property market It is essential that the route of the proposed light rail and allowing for the re-use of the land for a less service is selected through an evidence based approach intensive use. that reflects community needs, particularly access to Recommendation: Support in principle. employment opportunities and projected population growth patterns. 65. BYRON BAY BRANCH Recommendation: Support. Byron Shire Council and its community are required to build and maintain significant public infrastructure to 69. BALMAIN SEC support the thousands of tourists that visit our region. That this Conference, believing it is unacceptable that There is currently a massive infrastructure backlog and public housing on prime land should be sold to the obvious ongoing maintenance issues, not least of which wealthy, calls upon the State Party to adopt a radical is the state of our local roads. It is unfair to expect local policy that it will legislate for any such housing to be re- residents and residential ratepayers to fully finance this purchased at the sale, not the current market, price. infrastructure required by tourists. Recommendation: Note. As such, Conference calls on a future NSW Labor Refer to SPLP. Government to enable local councils, such as Byron Shire, to implement local initiatives that will provide additional 70. BALMAIN SEC sources of revenue from visiting tourists – both overnight That this Conference, believing that: stayers and day-trippers. ■ New South Wales is experiencing unprecedented Conference supports a change to the Local Government pressure from mining interests, especially Act to enable local councils to implement a levy on unconventional gas and coal mines that threaten accommodation providers that can then be used to water catchments, aquifers and our food security; support the provision of local services, infrastructure and tourism development. ■ air pollution from coal mining and transport of coal, and from leaking gas wells threatens people’s health; The current restrictions in the Act that require a council to and show a ‘direct benefit’ are restrictive and unworkable. ■ many of our important environmental areas such Recommendation: Support in principle. as the Leard and Pilliga State Forests are also threatened with destruction by mining and drilling 66. ERMINGTON BRANCH projects, Conference calls for a fair share of arts funding for Western Sydney. We welcome the proposed relocation of Demands NSW State Government take action to protect the Powerhouse Museum to Parramatta at an appropriate our water, land, air, health, and significant environments location with convenient public transport access. by: Recommendation: ■ declaring ‘no-go zones’ for mining and gas in our Amend as follows, and support: drinking water catchments and our rivers, streams, wetlands and groundwater; Conference calls for a fair share of arts funding for Western Sydney. ■ declaring ‘no-go zones’ for mining and gas on our productive farmlands and in areas where it will have We welcome a new Museum to Parramatta at an a negative impact on local business; appropriate location with convenient public transport access; however strongly reject the proposed ■ declaring ‘no-go zones’ for mining and gas relocation of the Powerhouse Museum from its development in our iconic wild places, conservation current location. areas, state forests and travelling stock routes;

■ setting strong limits on air, noise, water, and carbon 67. ERMINGTON BRANCH pollution from coal and gas developments; Conference calls for the immediate world heritage listing ■ giving landowners and local councils the right to of the Parramatta Female Factory and the cessation of the refuse access to mining companies and restore North Parramatta Urban Renewal plan until a full process the legal right for communities to appeal mining of public consultation can occur. approvals in the courts; and Recommendation: Note. Refer to SPLP.

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■ putting in place an independent, transparent and 73. AUSTRALIAN WORKERS’ UNION, rigorous assessment of mining and gas projects and GREATER NEW SOUTH WALES strengthen monitoring of existing operations and The Australian Workers’ Union expresses its enforce penalties for breaches. disappointment that despite numerous ALP conferences Recommendation: Note. endorsing a high speed rail connection from Brisbane – Refer to Shadow minister for Industry, Resources Sydney – Melbourne, that no such legitimate planning has and Energy. been undertaken by any Labor politician. This conference calls on NSW Labor Leader Luke Foley to take the lead 71. BALMAIN SEC and coordinate the activities required to explore options That this Conference believes that Labor's environmental regarding this high speed rail concept. policy should focus on Environmental Innovation in key Recommendation: Support in principle. areas such as Renewables and Urban Sustainability which Refer to SPLP. deal directly with the major global policy drivers of the next fifty years - food, water, energy and environmental security. 74. AUSTRALIAN WORKERS’ UNION, The benefits of Environmental Innovation include: GREATER NEW SOUTH WALES The Australian Workers’ Union expresses its outrage to ■ It drives science, research and development, the treatment of maintenance issues for people living in innovation, technology and commercialisation in Department of Housing homes. Adequate maintenance sectors that Australia already has major comparative is not being provided and the policy of outsourcing advantages - such as solar energy and drought Department housing to cooperatives is a form of solutions. privatization that is reducing service to people from lower ■ It drives new investment and builds new socio-economic background. NSW Labor is called upon infrastructure in the Australian economy that offers to reverse this policy and provide adequate care and long run generational returns attractive to patient support to people living in public housing. investors like Superannuation funds. Recommendation: Support. ■ It creates new job opportunities and industries for young people plus offers alternative employment for 75. DOUBLE BAY BELLEVUE HILL BRANCH people in traditional sectors such oil, coal and gas. That Conference is strongly opposed to Part 10 of the ■ It reduces the vulnerability of the Federal Budget Strata Title Development Bill 2015, introduced by a state and the broader economy to terms of trade swings government that is particularly sympathetic to property from externally set commodity prices for iron ore and developers. The provisions of the bill allow a building to reduces oil supply risks; lower volatility goes hand in be redeveloped if a mere 75% of the owners in a strata hand with greater opportunity and growth outcomes. scheme agree, thus making it easy for developers to force owners from their homes. ■ Overall it breaks the cycle of the last ten years of a backward looking policy agenda that lacks vision, Strata Title owners would no longer enjoy the same courage and results; builds confidence and grows security of tenure as other NSW home owners. We incentives that support new jobs, skills, productivity therefore call on NSW Labor to continue to oppose this Bill and ultimately continues to enhance Australia's and should it be passed, to work for its repeal. global competitiveness. Recommendation: Support. Recommendation: Support. 76. UNITED VOICE 72. BALMAIN SEC NSW Labor believes the NSW Government should That this Conference calls for a Parliamentary Inquiry into increase the provision of public transport in Sydney, major the planned WestConnex project to include: regional centres and across NSW.

■ Release of the full business case Labor’s public transport vision for NSW is to meet the 400:15:1 SCA2 standard. ■ Conduct of a comprehensive Environmental Impact Statement This standard is everyone should be within 400 metres of public transport, that transport should come at least every Recommendation: Support. 15 minutes throughout the day, you should only need to pay once for any journey, no matter how many transfers you make, you should feel safe on your journey, it should be clean, it should be accessible to all and it should be affordable.

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NSW Labor will explore revenue options to fund public 79. AUSTRALIAN WORKERS’ UNION, transport infrastructure to meet this standard. GREATER NEW SOUTH WALES Recommendation: Support. The Australian Workers’ Union notes the 2014 NSW ALP Conference for the support of the following resolution: 77. UNITED VOICE Badgerys Creek Airport (BCA) has the potential of NSW ALP State Conference reaffirms Labor’s commitment providing much needed infrastructure and job creation to taking action on climate change, particularly in light of for the residents of western Sydney. For far too long, its importance to the wider Pacific region. this region has been neglected of a properly coordinated Conference notes that: planning for road and rail infrastructure to support a projected population in the next 20 years of approximately ■ Nations in our region are particularly affected by the 4 million people. risks of climate change. For example, all of the land area of the Marshall Islands and Tuvalu, and 97% Western Sydney residents’ have also expressed concerns of the land area of Kiribati, is less than five metres regarding the proposed airport that must be resolved prior above sea level. to the construction of the airport. These issues include: ■ There are also significant opportunities within our region in the economic transition to clean energy, ■ The same curfew times and flight movements must such as the $2.5 trillion expected to be invested in apply to both airports; renewables in the Asia Pacific region up to 2030. ■ The establishment of Western Sydney Infrastructure Conference condemns the Turnbull Government’s lack and Jobs Development Authority that will develop of credible action on climate change, underscored by new rail lines linking BCA to Penrith, Richmond; Peter Dutton joking about Pacific Islands threatened with Blacktown & new north-west line; and dedicated inundation. rail lines to central and Kingsford-Smith Airport. The construction of a new motorway linking western Conference calls on a future Labor Government to re- Sydney to Sydney. engage with countries in our region on climate change and ■ Updated Environmental Impact Statement and do our fair share to meet this significant challenge. appropriately addressing the major concerns;

Recommendation: Support. ■ Australian made products used in the construction Refer to National Conference. of the airport and infrastructure

■ Youth and long-term unemployment programs to be 78. SUMMER HILL BRANCH part of the jobs and training provided in this project That NSW Labor, in government, will amend the legislation ■ Proper community consultation to take place covering strata schemes in New South Wales to require ■ NSW Labor commits in ensuring the above points the support of all owners of the lots in the scheme before are appropriately resolved prior to the construction it can be terminated. This will ensure that families and of the airport at Badgerys Creek.” the elderly cannot be forcibly evicted through a vote of other owners, which could include developers who have Now, in 2016 the Liberal Federal Government has: purchased lots in the scheme. ■ released the EIS allowing only 60 days for the public to comment; Conference notes that 100 per cent was the required level of support from 1961 until the Baird Government forced ■ held “information sessions” where one could pick up through an amendment to support property developers flyers and individually chat to representatives; by requiring the approval of only 75% of lot owners, ■ announced a scoping study on possible rail regardless of the condition of the building or its age. The needs for western Sydney to be may possibly be Labor Opposition strongly opposed this change. announced at the of 2016. Conference further notes that in exceptional cases where The Australian Workers’ Union calls on NSW Labor to re- a building was in a state of disrepair or unviable and 100 endorse the 2014 NSW ALP Conference resolution. per agreement could not be reached, strata schemes Furthermore, given that business lobby groups and the could be terminated following a request by the owners Liberal Federal & State Governments cannot be trusted in corporation or by a court order. This provision should also delivering a successful project that NSW Labor formulate be reinstated. a Campaign Committee with interested Unions that Recommendation: Support. seeks community involvement and to ensure all elected Labor MPs (State & Federal) and councillors actively campaign for the implementation of ALP NSW Conference resolution. Recommendation: Support. 227

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EDUCATION & SKILLS POLICY COMMITTEE

Preamble ■ To ensure that people are ready for those jobs we Since the election of the O’Farrell/Baird Government must invest in people through schemes like the in 2011, and the Abbott/Turnbull government in 2013, Gonski agreement between the federal and state education has suffered its worst ideological attack in governments which the coalition has reneged on; Australia’s history. ■ We must repair and restore the considerable They have underspent by many $10s of million in early damage done to our public TAFE system, whilst early childhood education, broken promises on the full at the same time giving ASQA sufficient staff and Gonski funding, decimated public TAFE offerings and resources to enable it to fully monitor the operation colleges, failed to oversee the operations of private and outcomes of private providers; providers, and mismanaged the proposed deregulations ■ We must ensure that early childhood education is of higher education. Compounding these failures has supported better in order to provide a seamless been the appalling mismangament of the computerised transition from the early years to Year 12. payment system LMBR in schools, which is currently $70m over budget and yet only services 10% of schools PRIORITY AREAS effectively. Many schools have suffered embarrassment due to the failure of the department to pay both service Teacher Training and Qualifications and product suppliers, resulting in schools having their It must be a high priority for Labor to raise the status power cut off and suppliers refusing to deal with them. of teaching as a valued profession in order to meet the challenges of our future in a rapidly evolving economy. The EBF system in TAFE, introduced at the same time as the Smart & Skilled program has seen them to be Many of our present teaching workforce have had limited incompatible. The enrollment and graduation systems opportunities for professional development or upgrading have collapsed, to the detriment of many students. of their qualifications to meet the challenges of the digital era and the increasing need for the teaching of coding The Committee calls on Conference to condemn the and other STEM-related subjects which are becoming coalition for its negative ideological approach to all levels increasingly import as the economy changes. of education at the expense of need, and calls upon future state and federal Labor governments to address and An oversupply of teachers, provides an ideal opportunity repair the damage so apparent at present and to restore for a state government to provide support for study leave public confidence and morale. and/or extended professional development opportunities for teachers to upgrade their skills and qualifications. At Your Committee at Work the same time these teachers, whilst on release, could The Committee has met regularly and has actively sought provide much needed mentoring to beginning teachers. input in the form of policy discussions and motions from Serious thought should now be given to the entry a variety of Party Units particularly from outside of the qualifications to teacher training if Labor wishes to raise Sydney/Newcastle/Wollongong urban triangle. the status of teaching as a profession. If the barriers are The purpose of these meetings and activities has been to raised, then the matter of teacher remuneration should be focus on a range of priority issues seen by the Committee considered automatically at the same time. as vital to Australia’s future and necessary in order to repair the damage done by both State and Federal TAFE and VET in Schools Coalition Governments which has damaged confidence in The federal government has cut $2b from TAFE including the community. a cut of $1b for apprenticeships, while the Baird government’s allocated $39million was underspent. This In particular the Committee agrees that; has made it almost impossible for our TAFE colleges to ■ The next election should be fought about high- complete with private providers. skilled, smart jobs which will come to Australia; The effects of this on TAFE colleges have been ■ We should be teaching our children coding; catastrophic. There has been a drop of 43,000 TAFE students including almost 4,000 aboriginal students. ■ We need to increase the number of teachers with STEM qualifications; The Committee recommends that the next State and Federal Labor Governments commit to: ■ We must develop a national STEM Policy as Australia is one of the few countries without one; ■ Guarantee a proportion of its TAFE budget to public TAFE colleges to enable them to compete with

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private providers when tendering for courses; ■ Aboriginal students average about one half of the school retention rates in Years 10 – 12 and between, ■ Provide a variety of entry points for school students one half to one third in Years 7 – 10; to VET courses and TAFE colleges; ■ Increasing mobility of the workforce and its impact ■ Boost funding and staffing to ASQA to enable it on families and communities. to audit vigorously all private providers to ensure quality and consistency in their service for staff and Collectively, these factors reinforce the principles that the students; existing school structures mostly the “One size fits all” K – 6 and 7 – 12 models are not sufficiently flexible enough ■ Ensure quality assurance compliance by private to meet these challenges. Educations districts must be providers by auditing their performance and reducing enabled to provide a variety of school structures according their funding where there is evidence of significant to the needs and location of communities. Models such numbers of students not completing courses as; Early childhood centres from Pre-School to Year 3, ■ Return TAFE fees to more affordable levels for Middle Schools from Years 4 – 8 and Senior Schools from students; Years 9 – 12 could be considered where appropriate.

■ As a means of generating revenue for TAFE, the The Committee recommends that the next Labor government should explore the possibility of Government evaluate educational structures to ensure the exporting TAFE expertise to emerging economies desired outcomes of each community are met and that such as India; there is cross curriculum content which leads to better choices of pathways for students in their final years of ■ Totally oppose the introduction of ‘trainers’ into secondary education. It is also proposed that a Labor TAFE. This is no more than a cynical cost-cutting Government increase spending in rural and regional areas exercise. to ensure that the benefits of the digital economy are Pathways in Schools Leading to Future Education, provided to those communities. Training and Employment Early Childhood Education There are interdependent linkages between education and economic productivity, which ensures social, economic Access to quality early childhood education is vital for and personal benefits to both the individual and society. children's development. In an evolving economy it is crucial that curriculum be In particular, early childhood education can provide continually monitored and revised to recognize prior targeted intervention programs to support children with learning (RPL) and retraining be facilitated on a needs disabilities, those with additional learning or developmental basis. The Committee commends the initiatives of needs, and those whose families are affected by poverty, Vocational Education and Training (VET) within the isolation or social disadvantage. education system and contends that school based All children should have access to at least 15 hours apprenticeships and VET courses be expanded from pre-school in the year before their formal schooling Year 9 onwards to re-engage students and improve commences and funding should also be increased for employment outcomes. three year olds to enhance their participation in early Further factors which highlight the need for constant learning programs. monitoring and evaluation of school structures and The Committee recommends that Labor governments curriculum are: commit to high quality, accessible and affordable early ■ High levels of disengagement with schooling. It is childhood education provided by trained teachers and most pronounced in the indigenous population; other educators who are valued and remunerated as education professionals. This Committee welcomes the ■ An often quoted factor claimed by students has been a perceived lack of relevance of what is being introduction of BOSTES accreditation of qualified early offered in the curriculum; childhood teachers in NSW so that Early Childhood (EC) teachers will have the same professional status as ■ Significant numbers of students are re-entering teachers in schools. the education stream, frequently not by their own choice, thereby creating management problems; Special Education and Funding for Children with disabilities in schools ■ Census data reveals that there are some 566,000 The former Labor Government set up the Gonski school age students currently living in families where Review of schools funding and turned the Gonski there is no working adult. Many of these have been recommendations into law, putting in place the national like this for one or two generations; arrangements that ensure all schools are funded according ■ Unemployment rates are 3 time higher in those who to need for the first time ever. have not completed secondary school;

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Schools in regional areas, with high numbers of students PLATFORM AMENDMENTS from poor households, with disabilities or learning difficulties, with English as a second language and 1. EDUCATION AND SKILLS COMMITTEE Indigenous students will get the biggest increases in funding. Insert two Bullet Points after 5.8: Future Labor Governments, both State and Federal MUST ■ NSW Labor is committed to the provision of a commit to full Gonski funding. minimum of 15 hours pre-school education in the year before their formal schooling commences and Equity Issues to provide funding so that more three year olds Equity in education is vital; at the outset the committee can participate in early learning programs. Labor reiterates the Labor commitment to fair, accessible and will explore the feasibility of transitioning to the UK high quality education services from the early years model of 30 hours per week through to the vocational and tertiary years regardless of ■ NSW Labor is committed to the policy of co- student economic or social background. location of pre-schools and primary school wherever The committee sees equity in education as vital at multiple possible. levels of the policy process including 1) equity of access; Recommendation: Support. 2) equity of quality; and 3) equity of funding. The committee notes that despite significant investment 2. EDUCATION AND SKILLS COMMITTEE the capacity for low SES groups, Aboriginal people and Insert a New heading and paragraph before Developing some CALD communities to access high quality education Skills for the Future to read: has only seen limited improvement over the past decade. Pathways in Schools Leading to Future Education, The committee recommends that Labor governments training and Employment. continue to commit themselves to the Gonski needs 5.11 NSW Labor will evaluate educational structures based funding model and that policies developed balance to ensure the desired outcomes of each community the need for school autonomy with the need for systems are met and that there is cross curriculum content based approaches to improving equity in education. which leads to better choices of pathways for Tertiary Education students in their final years of secondary education. This committee believes that a well-funded, accessible, NSW Labor will increase spending in rural and and equitable higher education system is vital to the future regional areas to ensure that the benefits of the of Australia. digital economy are provided to those communities. Pathways to further education and training, which This committee applauds the recently announced policy enhance career opportunities in those final years of commitments from the Shorten Labor Opposition in the schooling, need to be facilitated. An expert working area of higher education. In particular, the commitment to group will also be established to guarantee that increase and index per-student funding for universities is a teaching strategies and school / work experience bold and necessary reform to ensure that our universities contain curriculum aspects that enhance subject can continue to provide a world class education without related employment opportunities. The initiatives increasing the debt burden on students. outlined are a solid step forward in expanding This committee notes our opposition to the deregulation of the pathways for further education, training and student fees. employment. Re-number the subsequent topics accordingly. Teaching Coding in Schools NSW Labor supports the Federal Parliamentary Labor Recommendation: Support. Party's proposal for computer programming (coding) to be taught in all schools in NSW. In an era of accelerating 3. EDUCATION AND SKILLS COMMITTEE digital innovation it is essential that NSW students be Amend 5.11 (current numbering) to include the following equipped with the skills and confidence to embrace new bullet point: technologies. NSW Labor recognises that any change to ■ NSW Labor will ensure that school students are the state and national curriculum will require consultation, provided with a variety of entry points into VET resources and the up-skilling of teachers to ensure they courses and TAFE colleges are confident to deliver new content. Recommendation: Support.

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4. EDUCATION AND SKILLS COMMITTEE AGENDA ITEMS Insert a new paragraph 5.15 to read: NSW Labor will retain TAFE as a state-based institution 1. NEWCASTLE FEC and will strenuously oppose any proposed takeover of That Conference expresses concern that the Health and TAFE by federal governments. NSW Labor will work with Physical Education component of the National Curriculum Federal Labor to ensure that relevant authorities such does not adequately address sexuality education. as ASQA, ACCC and the Ombudsman are resources The draft of this component of the National Curriculum adequately to ensure that there is a comprehensive is currently ‘awaiting final endorsement’, but it does not program of regular auditing of all private providers. NSW specifically mention sex or sexuality, and it does not seek Labor will guarantee a sufficient proportion of its budget to educate for social inclusion of diverse expressions of is allocated to public TAFE colleges to enable them to gender and sexuality. Research into the issue suggests compete with private providers on an equitable basis. that relying on the autonomy of teachers to include sex, Recommendation: Support. sexuality and socially inclusive material results in this important information being glossed over or excluded 5. EDUCATION AND SKILLS COMMITTEE altogether. The Conference requests that these matters be Insert additional two bullet points to 5.31: taken into consideration by Federal Labor when forming a position on the National Curriculum. ■ NSW Labor will work with federal Labor in Developing a National STEM Policy in order Recommendation: Note the motion. to ensure that all new entrants to the teaching The new PDHPE curriculum adequately covers profession are equipped to facilitate the teaching it from K-10. of coding and other STEM-related subjects 2. QUEANBEYAN BRANCH ■ NSW Labor will work with Federal Labor in Conference calls upon Labor to commit to an evaluation monitoring the entry qualifications, particularly the of the current Australian Curriculum to ensure that every ATAR scores or their equivalent of those wishing student during their time in the K-12 curriculum has the to enter teaching as a profession. opportunity to: Recommendation: Support. ■ Develop their emotional intelligence

■ Become more aware of life beyond school

■ Explore the many pathways which will help to maximize their innate abilities

■ Equip them to participate successfully in a rapidly changing world. Recommendation Support.

3. LABOR FOR INNOVATION That NSW Labor condemns the Baird Government for delaying the introduction of the new digital curriculum to NSW Schools until 2018. We condemn the Baird Liberal Government for refusing to promote digital literacy in our schools when other states and territories are progressing with the implementation of the digital curriculum. Recommendation: Support.

4. LABOR FOR INNOVATION That NSW Labor promotes the digital curriculum in NSW Schools and promotes the uptake of Science, Technology, Engineering and Mathematics by students from diverse gender, racial and socio-economic groups. Recommendation: Support.

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5. SWANSEA SEC 10. PORT MACQUARIE SEC The NSW ALP Conference condemns the State Support services are provided to ensure that all students Government cuts to TAFE and Tertiary Education. have access to healthy lifestyle programs in terms of Conference calls on a future NSW State Labor nutrition, smoking and hygiene at TAFE, private vocational Government to reinstate the funding and move towards institutions and schools. utilising the Public Education system as an export Recommendation: Note. opportunity. Recommendation: 11. PORT MACQUARIE SEC Amend to read; “..Calls upon a Labor Government…” NSW Labor commits to removing financial penalties for Support. TAFE students who have a previous qualification from continuing their education or undertaking re-training. 6. VALENTINE BRANCH Recommendation: Support. Conference is concerned that the State Government's Smart and Skilled program regarding TAFE has been a 12. PORT MACQUARIE SEC dramatic failure as evidenced by the extraordinary drop in enrolments at a time when Australia desperately needs NSW Labor commits to returning TAFE fees to 2014 levels to build its skills base. We call on NSW Labor to ensure and terminate unrealistic HELP loans. students are properly trained and that the private providers Recommendation: of education do not dominate the Vocational Education Refer to Item 5 above. Support and Refer to SPLP. and Training space in NSW. Students are not being well served as evidenced by current outcomes. 13. PORT MACQUARIE SEC Recommendation: Support. NSW Labor will work with industry and training professionals to develop new skills lists which 7. MAROUBRA JUNCTION BRANCH appropriately encapsulate real skills shortages, including Believing that the provision of high quality, public, on a regional basis and apply funding appropriately. vocational education which is affordable and available Recommendation: Support. throughout the nation is under threat through closure of TAFE colleges, through provision of courses by many 14. PORT MACQUARIE SEC poor quality registered training organisations focussed Labor will ensure that TVET funding is provided to public on profit, and rapidly rising uncapped fees calls upon the school students, at no future disadvantage to their ability Party at the State and National level to give top priority to of undertaking further study. the rebuilding of the public, vocational education sector to guarantee, for young, disadvantaged and ‘second Recommendation: Support. chance’ Australian workers, quality training and education pathways into the workforce including necessary support 15. PORT MACQUARIE SEC services for language and literacy skills development. Labor sees vocational education as a lifelong process Recommendation: Support. and will ensure disincentives do not impact employers or employees. 8. PORT MACQUARIE SEC Recommendation: Support. TAFE is a second chance education provider. Funding must provide for the support services that students need 16. PORT MACQUARIE SEC in terms of financial assistance, transport and childcare Labor supports foundation programs at TAFE which teach services. people to learn, thus to support lifelong learning. Recommendation: Support and refer to SPLP. Recommendation: Note.

9. PORT MACQUARIE SEC 17. PORT MACQUARIE SEC TAFE provides students and community members with Labor commits to restoring TAFE model to pre-2014, the confidence to achieve their further education goals. where funding goes to reputable organisations rather than Funding needs to be provided so that TAFE can reach out students. to people from rural, low SES backgrounds and young single parents. Recommendation: Support and Refer to Item 5 above. Recommendation: Refer to Agenda Item 8. Note and refer SPLP.

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18. PORT MACQUARIE SEC 22. AUSTRALIAN WORKERS’ UNION, Labor supports the role of online learning where adequate GREATER NEW SOUTH WALES support and training are required in vocational and tertiary TAFE courses are being decimated across NSW. The education. Labor acknowledges that different people learn reduction in staffing and shutting down of courses with in different ways and a diversity of teaching styles and the centralisation of courses to only a few colleges is structures are required. reducing opportunities for young people to have easy access to quality education. The Australian Workers’ Recommendation: Note. Union through this Conference calls upon NSW Labor to 19. PORT MACQUARIE SEC ensure that direct support teaching personnel such as tool trades store people are not cut from the system and that Career Advisors – Labor will reinstate and strengthen accessible and supportive TAFE education returns with the the role of career advisors to support students through election of the next Labor State Government. challenging structures that impact entry to workforce (application for Tax File Number, application to University Recommendation: Support. and TAFE, choosing appropriate pathways, understanding financial implications of undertaking training). 23. AUSTRALIAN WORKERS’ UNION, GREATER NEW SOUTH WALES Recommendation: Support. The Australian Workers’ Union expresses its outrage that 20. DUDLEY / REDHEAD / KAHIBAH BRANCH supported educational services for children with special needs in public education system is either being cut or Conference is dismayed at the cuts to education made by being inappropriately provided to them. This Conference the NSW Coalition Government, in particular: calls on NSW Labor to immediately work towards a policy 1. Cuts to TAFE funding leading to: for providing adequate funding and facilities for children in need of assisted support in our public schools. (a) 2600 staff being sacked; Recommendation: Support. (b) The sale of numerous TAFE sites; (c) The privatisation of tertiary training by allowing 24. TUMBI UMBI BRANCH private education providers to proliferate. Conference calls on the ALP to restore funding to These companies charge very high fees and community-based organisations including TAFE that assist many students do not complete their courses. low socioeconomic disadvantaged students in completing 2. K-12 Public Schools. Many of these schools are in their education. desperate need of maintenance yet the $39million Recommendation: budgeted for capital works has not been spent. Support and refer to Item 5 above. 3. In the University sector, moves by the Federal Coalition Government to increase the cost of 25. WARNERVALE BAY BRANCH degrees will preclude many students from studying Conference condemns the NSW Coalition Government as they will be saddled with a huge burden of debt for the stance taken on TAFE funding. Fees are now well into the future to repay HECS fees. almost unattainable, in a system which has always been seen as a second chance QUALITY educational institution. Recommendation: Note. Conference calls on a future NSW Labor Government to 21. CLARENCE SEC commit to taking fees back to 2014 levels and to ensure Conference calls on a NSW Labor Government to that opportunities for TAFE education are available to all. restore and expand the TAFE network as the provider of Recommendation: vocational education and training for regional and rural Support and refer to Item 5 above. communities across NSW. Recommendation: Support. 26. SWANSEA SEC Extra Education funding for our Indigenous, Disabled and the Disadvantaged We call on conference to ensure a future NSW Labor Government provides additional funding for the education of our Indigenous, disabled and disadvantaged members of the community to access the TAFE system for training and skills development. NSW Conference requests this be made ALP policy under a State ALP Government. Recommendation: Support. 233

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27. PORT MACQUARIE SEC 34. YASS VALLEY BRANCH Adequate transport funding must be provided for those That a future Labor government ceases funding for the with disabilities, young parents with prams and ELS School Chaplains program, which has twice been found to students to achieve their potential. be unconstitutional by the High Court of Australia. Savings from this measure should be directed to the states for the Recommendation: provision of School Counsellors and Careers Advisers. Support and refer SPLP. Recommendation: 28. PORT MACQUARIE SEC Support and refer to FPLP. Conference calls on a future Labor government to increase support for all students with behavioural issues, not just 35. PENINSULA DAY BRANCH for students with diagnosed disabilities, to ensure that Conference condemns the actions of the State students do not fall through the cracks. Government in its endeavours to change the enrolment forms for children in public schools to the extent of Recommendation: Support. obscuring the ability for parents to enrol children in ethics classes instead of religious instruction. 29. PORT MACQUARIE SEC Individuals who undertake training while at high school The proposed enrolment forms apparently ask for a or as an inmate in prison will not be disadvantaged in child’s religion and, when provided, ensure that they will undertaking further training in later life. automatically be expected to attend religious instruction of that religion, without the option of selecting Ethics classes. Recommendation: Support in principle. Only well informed parents will know that they may opt to have their child enrolled in Ethics classes. 30. PORT MACQUARIE SEC At present large numbers of parents choose to have their Labor will embrace realities of a modern economy children attend Ethics classes. While this may not please including mobility in the workforce by removing the Christian Democrats it is a choice parents are entitled disincentives for people to retrain as a result of to make. redundancies. Conference requests that the Leader of the State Recommendation: Support. Opposition advises the community that the A.L.P. supports the retention of the current enrolment form. 31. PORT MACQUARIE SEC Labor will remove current structural disincentives of the Recommendation: Support. current scheme adversely impacting those who require most assistance, eg: disabled, reformed inmates, women 36. LAMBTON NEW LAMBTON KOTARA returning to the workforce. BRANCH Conference calls on the NSW Minister for Education Recommendation: Support. to support equal treatment of parents and children, regardless of their religious faith or non-faith. Parents 32. TUMBI UMBI BRANCH must be provided with full information about all options That Conference calls on the ALP to restore funding to regarding ethics classes and scripture, at the same time, community-based organisations including TAFE that assist and on the same form, without preferring any belief low socioeconomic disadvantaged students in completing system. their education. Conference calls on the NSW Government to reinstate the Recommendation: Support. Ethics Class option on enrolment forms in order to ensure that parents and children are fully aware of their options 33. SWANSEA SEC when enrolling at a Public School in NSW. Ethics classes in Schools Recommendation: Support. Conference urges the ALP to make it well known to parents that teaching Ethics lessons is available in 37. PORT MACQUARIE SEC Government Primary Schools, as an alternative to Scripture Conference calls on NSW Labor to ensure that a future classes. NSW Conference requests that it be made ALP Labor government implement the full Gonski funding, policy to actively support a push to make Ethics classes an to support students with disabilities, students in alternative to religious teachings in all government schools, regional areas and students from non-English speaking at both a primary and secondary level. backgrounds. Recommendation: Support. Recommendation: Support.

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38. RICHMOND VALLEY BRANCH 42. PORT MACQUARIE SEC Conference urges Bill Shorten and the Federal Labor Party As an employer, Labor in Government will increase work to Commit to the Gonski Funding Models continuation for integrated learning opportunities for students, including years five and six. The schools in our local area, which is a placements, apprenticeships and cadetships. low socio economic area with a high Aboriginal and Torres Recommendation: Support. strait Islander population, have benefited greatly from Gonski funding for the last 2 years and will continue to 43. PORT MACQUARIE SEC benefit for the next 2 years. It would be a great LOSS if the last 2 years of Gonski Funding were abandoned. Career Advisors Recommendation: Support. Labor will reinstate and strengthen the role of career advisors to support students through challenging 39. TUMBI UMBI BRANCH structures that impact entry to workforce (eg: application for Tax File Number, application to University and TAFE, Conference demands that Labor commit to taking a choosing appropriate pathways, understanding financial pledge of restoring the full original ‘Gonski school funding implications of undertaking training). plan’ to the next federal election. Recommendation: Support. Recommendation: Support. 44. LANE COVE BRANCH 40. CESSNOCK BRANCH That NSW Labor: Conference asks the Federal Parliamentary Labor Party to confirm their support and commitment to the full six years 1. Commit to not allow the sale of any publicly owned of Gonski funding. land currently occupied by a State Public School, State Public High School or a TAFE campus in the Recommendation: Support. Lane Cove and Willoughby State Electorates and the Lower North Shore area of Sydney, 41. AUBURN LIDCOMBE UNITED BRANCH 2. Introduce a policy for all other publicly owned lands Australian education is becoming increasingly inequitable that are currently surplus to original requirements with the movement away from needs based funding to be considered as new school sites (including models such as the Abbott Governments attempt to stop all Departmental land and land owned by State the Gonski funding model. We are risking turning into a Corporations), two-tiered education system with quality education only for a privileged elite and all the equity problems such a two 3. Adopt a policy to replace all demountable tier system would entrench. classrooms with permanent classrooms and multi- purpose facilities in the Lane Cove and Willoughby We believe that every Australian student should have Electorates and the Lower North Shore area of access to a high quality, free and secular and compulsory Sydney, and education irrespective of their gender, socio economic status, geographical location, race, religion cultural 4. Prepare a specific funding commitment for the Lane background, ethnicity, disability or sex. We believe that Cove State and Willoughby Electorates concerning this is best achieved through a strong comprehensive new school infrastructure to be announced during and well-funded public education system. We oppose the 2019 State Election campaign. measures, which threaten the health and viability of public Recommendation: Support. education and policies that move away from needs based funding. 45. WENTWORTHVILLE BRANCH We call on the Federal and State oppositions to oppose Conference recommends that State Labor consider the abandoning of the Gonski funding model and commit a policy to urge the government to raise the wages to needs based funding models. and educational standards of teachers in an effort to Labor will campaign in local communities to support the “I encourage quality teaching that will reverse a decline in give a Gonski” campaign and will oppose threats to public school standards across the state. education and needs based funding. Recommendation: Support. Recommendation: Support.

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46. CONSTRUCTION FORESTRY MINING AND ENERGY UNION (NSW BRANCH) CONSTRUCTION AND GENERAL DIVISION There is much said about the skills shortage, however, this is not going to be arrested by dismembering the traditional apprenticeship and traineeship system as suggested by some. The NSW Liberal Government is in the process of dismantling TAFE. Tradespeople should be afforded high quality training opportunities and outcomes. One of the main disincentives for apprentices is the low wages that are paid to them whilst training and the lack of job opportunities. Conference calls on the NSW Labor to support the apprenticeship system and advocate for reforms to improve resourcing of high quality training through TAFE, and to address the need to improve completion rates by supporting the increase of apprentice wages and conditions and providing great incentive for employers to take on apprentices and retain them as tradespeople. NSW Labor should support use of Government procurement policy to further drive engagement of apprentices and trainees. Recommendation: Support.

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INDIGENOUS PEOPLE AND RECONCILIATION

Committee at Work on from the work of ACT Indigenous MP Chris Bourke at Since the election of the O’Farrell/Baird Government National Conference. in 2011, and the Abbott/Turnbull government in 2015, The short time frame between National Conference and education has suffered its worst ideological in Australia’s this State Conference, and the preselection processes history. that we have already gone through, has meant that we are Following the reinstatement of Policy Committees and the able to develop this rule change in a consultative fashion inaugural meeting in May 2015, the Indigenous Peoples over the coming twelve months. We have recommended, and Reconciliation Committee has engaged in policy in agreement with the Aboriginal Labor Network, to form discussions with a variety of Party Units, and has sought a working group to discuss the mechanism through to reinvigorate the Party’s focus on Indigenous policy as which our Party can apply Indigenous affirmative action to we work to win government at a state and federal level preselection processes going forward. once again. We have established a working relationship The Aboriginal Labor Network submitted a range with the NSW Aboriginal Labor Network, a newly formed of other rule changes which the Committee has Labor Action Committee which has the dual purpose noted – specifically Indigenous representation on the of building our Indigenous membership and involving Administrative Committee and the ability to elect delegates Aboriginal members in Party activities. to Conference. We encourage further discussion around Minjungbal Branch – Northern NSW these issues into the future so that a case can be made more broadly for greater structural representation within The first Indigenous affairs consultation was held in the the Party. It is the current view of the Committee that Tweed and was hosted by the Minjungbal Branch. The such a case has not been made to date with regard to newly formed Branch – NSW Labor’s first Indigenous the two specific rule changes mentioned above, but we Branch – is an encouraging demonstration of meaningful are encouraged by the direction of debate for greater engagement between existing Party Units and Indigenous Indigenous involvement within the Party. communities. The Branch Members led discussions on current government policy and the unintended impacts The Committee has noted several policy concerns many communities feel when Indigenous voices aren’t among the Indigenous membership which we believe included in the policy formation process. warrant continuing consideration within the Party. Of particular concern is the defunding of local Indigenous-run Cunningham FEC – Illawarra community service providers in favour of non-Indigenous The Committee’s second consultation was held with the providers as a result of poorly managed or non-existent Cunningham FEC in collaboration with the NSW Aboriginal tendering processes. Labor Network. Central to our discussions were Party The policy of disempowering local Indigenous service reforms to encourage Indigenous membership as well as providers is closely aligned with the fear of community leadership within the Party. closures in outback NSW. The Policy Committee notes the The Policy Committee firmly believes increasing important relationship Indigenous communities have with Indigenous membership is crucial to our Party’s success their ancestral lands and denounces any move to close in offering meaningful change when it comes to Aboriginal Indigenous communities. affairs. We call on all Party Units to focus on building substantial relationships with local Aboriginal communities Conclusion and service providers, especially as Australia moves The Committee wishes to thank all Members and Party towards a national discussion around constitutional Units who have engaged in Indigenous policy discussions recognition and continuing disadvantage. throughout the year, particularly those who have submitted policy for consideration at this Conference. Policy Areas We would once again stress the importance of continuing During the first meeting of our Committee, we identified to build relationships with local Aboriginal communities several priority areas of concern for our Party. Throughout and we encourage all Party Units to engage with this the year, these priority areas have evolved as a result of Policy Committee as well as the Aboriginal Labor Network our consultations with Branches, SECs and FECs, as well going forward. as the Aboriginal Labor Network. We are grateful to all Party Units who have submitted policy this year, and we are particularly proud of our movement toward Indigenous affirmative action following

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PLATFORM AMENDMENTS AGENDA ITEMS

1. NSW LABOR ABORIGINAL NETWORK 1. TUMBI UMBI BRANCH That the following words be added to Chapter 7 Conference supports the granting of funding to the Indigenous People and Recognition, Clause 7.2: Aboriginal Legal Service (NSW/ACT) for the Custody Notification Service for 12 months and calls for a future NSW Labor further considers the power presently Labor Government to provide long term security of funding found in section 51(xxvi) of the Constitution for for this important service. the Commonwealth to make laws in respect of Aboriginal and Torres Strait Islander Peoples should Recommendation: Support. be retained, with the added proviso that such laws do not discriminate adversely against them. This 2. LAMBTON NEW LAMBTON KOTARA suggested power and the proviso are based not BRANCH on race but on the special and unique position of We are concerned about the loss of Federal funding for Aboriginal Peoples within the Nation based on their remote communities and the subsequent decision by WA prior occupancy of this land since time immemorial. government to relocate indigenous people forcefully. This In addition, given the now bipartisan support for is a similar policy to the communist government in China! the series of Aboriginal Constitutional Conventions to be held around Australia, NSW Labor further It appears that the decision is being be put into action proposes that Federal Labor review its position on and Land Councils and Churches may fund a court action constitutional change in the light of the outcomes against it. Aside from the sheer inequity of the decision, from the series of planned Aboriginal Conventions. we cannot envision a win by the WA government. Therefore the money wasted by the WA government, Land Recommendation: Support. Councils and churches would be more productively spent in addressing problems in those communities. 2. NSW LABOR ABORIGINAL NETWORK We the membership respectfully ask what Labor is doing That NSW Labor, believing the time is right, in terms of about this issue, and the National Platform 47th National Conference, Chapter 11, paragraphs 10 and 23, section (i) to incorporate What actions have been taken by the WA government and into domestic law the provisions of the United Nations Liberal Government to date? Declaration on the Rights of Indigenous Peoples, of which We have come a long way from the philosophy and ideas Australia is a signatory, amend Chapter 7, clause 7.4 of of Whitlam, Hawke, Keating and even Fraser. NSW Policy 2015, as shown: Recommendation: Note. 1. Delete first bullet point in existing Clause 7.4 2. Insert proposed new bullet point in its place to read: 3. TOONGABBIE BRANCH

■ Aboriginal and Torres Strait Islander Peoples That the NSW Annual Conference calls on the ALP Federal have the rights set out in the United Nations Caucus to work to repeal the 2007 Howard Conservative Declaration on the Rights of Indigenous Peoples, Government Northern Territory intervention and repeal to which Australia is a signatory, including the 2012 Stronger Future legislation that extended the particularly the right to self- determination, to Intervention approach to control Aboriginal people and autonomy in the management of their own affairs, their land and manage their income and buying with the to be represented by the their own institutions Basics card. and to give their free, prior and informed consent Stronger futures for Aboriginal people will require more to legislation and administrative actions that self-determination and cultural consultation, in accordance directly affect them as Indigenous People. In with local values and aspirations, not imposed ones. the context of the Party structure, this includes the right of Aboriginal Party members to be This approach will overcome the negative impacts now represented through the NSW Aboriginal Labor occurring as a result of the Intervention approach on Network, which may make decisive contributions Aboriginal people and communities. to Indigenous policy issues in constructive Recommendation: Support in principle. consultation as equal partners with other relevant Party Units Recommendation: Amend to remove word "decisive". Support.

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4. AUSTRALIAN MANUFACTURERS Only NSW Labor can initiate positive discussion within our WORKERS’ UNION communities to help facilitate a healthy lifestyle, practical education and lower incarceration rates by entering into Increasing Indigenous Representation in Public joint discussions with community leaders and people Office directly affected by paternalistic jingoism and "once in a NSW Labor is committed to increasing the representation lifetime" visits to communities. of Aboriginals and Torres Strait Islanders in public office positions. Recommendation: Support in principle.

At the 2015 National Conference, State Branches were 6. NSW LABOR ABORIGINAL NETWORK asked to consult the Indigenous Labor Networks in That, noting that Section 2 of the NSW Constitution development of affirmative action rules for the preselection Act 1902 (as amended in 2010) recognises the special of public office holders that require a minimum of position of Aboriginal Peoples within the State but that relevant positions to be held by Aboriginals or Torres Subsection 2 (3) creates a "non-justiciable waiver" and Strait Islanders. National Conference determined that the believing that subsection has the effects of continuing to minimum level that can be set by such affirmative action apply the doctrine of "terra nullius", denying Aboriginal and rules is 5%. Torres Strait Islander Peoples from enjoying appropriate NSW Labor instructs the Party Officers to initiate this rights before the law and rendering recognition hollow, consultation process with the NSW Indigenous Labor a sham, the Party repeal sub-section 3 of the NSW Network and other Indigenous party members to develop Constitution Act as soon as possible. a package of rules reforms to achieve a binding target for Nothing in this section creates any legal right or liability, or Indigenous representation at the 2017 Annual Conference. gives rise to or affects any civil cause of action or right to In order to assist with this consultation process and the review an administrative action or affects the interpretation implementation of a strategy to increase Indigenous of any Act or law in force in New South Wales. representation, NSW Labor will: Recommendation: Support in principle. ■ Ensure that application and renewal forms ask prospective and existing ALP members whether they 7. NSW LABOR ABORIGINAL NETWORK are Aboriginal and/or Torres Strait Islander That NSW Labor, believing the time is right, in terms of the ■ Maintain a contact list of Aboriginal and Torres Strait National Platform 47th National Conference, Chapter 11, Islander members that can be provided the NSW paragraph 10: Indigenous Labor Network. 10. Labor will protect and promote human rights. Recommendation: This is vital to achieving a peaceful and secure world Refer to Working Group. where all people have a right to live with dignity, freedom, safety and prosperity. Labor will strongly 5. GRANVILLE CENTRAL BRANCH advocate for and observe internationally accepted NSW Labor strongly condemns the use of "cashless human rights and civil liberties. welfare" cards to restrict the human rights of Will incorporate into domestic law the provisions of the predominantly Indigenous Australians' access to United Nations Declaration on the Rights of Indigenous Australia's social security programs. Peoples, of which Australia is a signatory, will therefore Conference believes that Human Rights are paramount in move at the next National Conference to delete Chapter 9, the pursuit of dignity and support for first Australians. We Clause 44 page 127 as shown below: recognise that Social Security assistance is a universal 44. Labor supports the UN Declaration on the Rights right available to everyone regardless of their race, of Indigenous Peoples. The Declaration affirms the religion or socio-economic status. We also note that entitlement of Aboriginal and Torres Strait Islander many communities in NSW, including Moree, and across people peoples to all human rights and fundamental Australia have condemned the wholesale targeting of local freedoms as recognised in international law and areas and specifically regard the actions as racist and provides an aspirational framework for future against the spirit of a fair go for all. dialogue. Australia’s formal support was welcomed We also note that the use of cards at major retailers not by the United Nations High Commissioner for only places local retailers at a fiscal disadvantage in larger Human Rights, key Aboriginal and Torres Strait communities but will almost certainly lead to price gouging Islander people, UN experts and the Aboriginal and in remote communities who are often serviced by only one Torres Strait Islander Social Justice Commissioner. store. We believe that the use of these cards will lead to This support underlines Labor’s desire to work in further corruption and manipulation. good faith with Aboriginal and Torres Strait Islander

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peoples, acknowledging that our relationship will be 4. In order to achieve the goal of the Network for tested and evolve over time. greater participation by Aboriginal Peoples within the Party, approved by NSW State Conference on And to insert the following words to take their place: 27 September 2014, the NSW Aboriginal Labor 44. Labor supports the UN Declaration on the Network be authorised to appoint: Rights of Indigenous Peoples and will work in (a) Up to seven delegates to the Annual equal partnership with Aboriginal Peoples and their Conference by including in 2015 NSW Labor representative Institutions to incorporate those rights Rules "Representation at Annual Conference, into Australian law and administrative practice and, clause B.21 (l): as appropriate, into the National and State Policies and Rules. (l) Seven delegates from the NSW Aboriginal Labor Network. Recommendation: Support in principle. (b) One member and one proxy to the 8. NSW LABOR ABORIGINAL NETWORK Administrative Committee by inserting the That pursuant to the 2015 National Platform (Chapter following new subsection: 12, clause 12, page 233) that each State Branch form an D.2 (a) (vi) One member and one proxy appointed Indigenous Labor Network and to the State Conference by the NSW Aboriginal Labor Network. motion of 27 September 2014 about the re- formation of the NSW Aboriginal Network and in order to recognise 5. Identify the NSW Aboriginal Labor Network the Network in the NSW Labor Rules, to invest it with as a "Party Unit" by including in Section A, appropriate authority with the aim of achieving more Interpretations, A. 43 (a) (vi), page 15, after effective governance of Aboriginal policy issues, the "includes" Aboriginal Labor Network following amendments be made to NSW Labor Rules 6. Noting the proposal to change the Australian 2015: Constitution to make laws in respect to Aboriginal 1. Amend Basic Principles, B. Objectives, paragraph and Torres Strait Islander Peoples by providing they 18, Page 5, by adding the words emphasised: do not discriminate adversely against them; and Article 18 of the UN Declaration on the Rights of Recognition of the prior ownership of the land Indigenous Peoples (the right "to give free prior and by Aboriginal and Torres Strait Islander Peoples informed consent" to Indigenous specific legislation and their reciprocal rights and responsibilities and administrative actions) a new section B.18 (s) be as Australia’s First Peoples, recognition of their inserted in 2015 NSW Labor Rules: special and essential relationship with the land…. B.18 (s) Consistent with the right set out in the 2. Include the following in Section A, page 14, following UN Declaration on the Rights of Indigenous "NSW Young Labor", renumbering following Peoples (of which Australia is a signatory) that paragraphs: they should have the right to give their free, Section A 42. NSW Aboriginal Labor Network: prior and informed consent to legislation and administrative actions that directly affect them A.42. The NSW Aboriginal Labor Network as Indigenous Peoples, and notwithstanding has been formed to contribute in accordance other provisions of section B18, when the Forum with Labor values to increased Aboriginal or a Policy Commission considers Aboriginal- membership, and greater participation by specific policies, up to seven delegates of the Aboriginal and Torres Strait Islander Peoples NSW Aboriginal Labor Network shall be invited to in the Party. The Constitution and Rules of attend, with at least seven days’ notice, as equal, the NSW Aboriginal Labor Network will be participating members with full voting rights. The settled from time to time by the Administrative Report by the Forum or Commission will state Committee in consultation with the NSW whether those members gave any proposed Aboriginal Labor Network and incorporated in changes their free, prior and informed consent. the NSW Labor Rules 2015 as Appendix M. A statement of reasons for any reservations or 3. Add the NSW Aboriginal Labor Network to the dissent will be included in the report. Party Units that may propose changes to the Party Recommendation: Note. Rules or Platform, or ordinary policy motions, for consideration by Annual Conference by including in Section B, B.8 at page 17: (v) The NSW Indigenous Labor Network.

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9. NSW LABOR ABORIGINAL NETWORK 13. CUNNINGHAM FEC That NSW Labor, recognising that the special and unique Conference supports the provision of culturally appropriate place of Aboriginal and Torres Strait Islander Peoples, have health care for Aboriginal people including the provision of rights, including those set out in the United Declaration Indigenous speaking health providers. on the Rights of Indigenous Peoples, extending beyond Recommendation: Support. the removal of discrimination and of social and economic disadvantage, will move at the next National Conference 14. CUNNINGHAM FEC that the existing clause 48 of Chapter 1, Enduring Labor Values as shown below, and clause 24 of chapter 11, Conference calls for certainty in funding for service Australia’s Place in a Changing World as shown below, be providers to Aboriginal communities and calls for three deleted and replaced by the following: year rolling funding models and the end of one year funding cycles currently employed by the Turnbull/ Abbott Labor recognises the special and unique position Government. the Aboriginal and Torres Strait Islander Peoples have within the Nation and in their relationship with Recommendation: Support. the Australian Government and that this special relationship is based on respect for their prior 15. CUNNINGHAM FEC occupation of and continuing relationship with their Conference calls on all local government authorities in traditional lands and waters. Labor will work in NSW to work closer with Aboriginal Land Councils and equal partnership with Aboriginal and Torres Strait other Indigenous representative bodies and service Islander peoples and their representative Institutions providers. to ensure that the reciprocal rights and obligations Recommendation: Support. arising from this relationship will be implemented and observed. 16. AUSTRALIAN WORKERS’ UNION, Recommendation: Support in principle. GREATER NEW SOUTH WALES The Australian Workers’ Union acknowledges NSW 10. ST GEORGES BASIN JERVIS BAY Labor support for Indigenous issues. Unfortunately, BRANCH health and education standards are still below average NSW Labor supports, in principle, affirmative action for the when compared to the average population statistics. This preselection of Indigenous candidates for public office, as conference calls upon NSW Labor to continue to develop passed at the 2015 ALP National Conference. policies that specifically addresses and financially supports culturally specific early intervention and rehabilitation This Conference requests a working group be established services so as to address health and education needs for to consider mechanisms for Indigenous affirmative Aboriginal people. action, with a proposal to be put to the Indigenous Policy Committee for consideration prior to the next State Recommendation: Support. Conference. 17. RICHMOND FEC Recommendation: Support. 1) Conference notes thats: 11. CUNNINGHAM FEC a) currently there are no indigenous persons Conference supports the provision of financial expertise to representing the Labor Party in the lower Aboriginal Land Councils in NSW to assist in developing house in the Federal Parliament; and land held by Land Councils for the economic gain of their b) NSW Labor must commit to ensuring members. indigenous representation in the lower house Recommendation: Support. in the Federal Parliament. 2) Conference calls the NSW Administrative Committee 12. CUNNINGHAM FEC to determine on a case by case basis that in Conference supports Indigenous languages being taught selective lower house preselection ballots that in all levels of schools from crèches through to primary primary votes for, or preferences distributed to and secondary schools. indigenous candidate in ballots must be weighted by Recommendation: Support. a factor of 20% Recommendation: Refer to Agenda Item 10.

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18. ARABIC FRIENDS OF LABOR The national project, the Aboriginal and Torres Strait Islander Suicide Prevention Evaluation Project (ATSISPEP), has found the suicide crisis among Aboriginal and Torres strait Islander peoples is increasing. The ATSISPEP have stated it is a humanitarian crisis. ATSISPEP is led by former Social Justice Commissioner and ANU Chancellor, Professor Tom Calma and Indigenous Mental Health Commissioner Pat Dudgeon and includes suicide prevention researcher Gerry Georgatos. Professor Calma states, “In the mid-1980s, 99 Aboriginal deaths in custody prompted a Royal Commission and the current tragedy should prompt similar attention. While some attention is being undertaken by governments, more needs to be done to address the determinants that contribute to the psychological stressors that afflict Indigenous society.” Professor Dudgeon backs the call for a Royal Commission or National Inquiry. Gerry Georgatos states that suicide is the leading cause of death for Aboriginal and Torres Strait Islanders aged 15 to 35 years, and that one in three deaths in this age group is by suicide. Georgatos states that from a radicalised lens, this is the world’s highest such rate. The Conference should affirm that the staggering levels of suicide among Indigenous Australians constitute a humanitarian crisis and request Federal Labor to immediately call for a Royal Commission into Aboriginal and Torres Strait Islander suicides. Recommendation: Support in principle.

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OUR ECONOMIC FUTURE REPORT

The Australian economy is approaching a record 25 years by 2020 for all of Australia’s workers, attempted to remove of continuous economic growth. The reforms of past tax concessions for low-income workers and reduced Labor governments, both State and Federal, are largely consumer protection for people seeking financial advice. responsible for this achievement. However, the economy The Abbott and Turnbull Liberal Government has legislated needs innovative reforms to remain competitive in a to have the low income superannuation contribution cease constantly changing global market and to further improve in 2019 whilst maintaining tax concessions on high- living standards for all Australians. income workers. Labor will continue to campaign for the There are many issues to consider, including but not reinstatement of this benefit for low-income workers. limited to: Labor will also better target the tax concession for ■ Population growth, changing demographics and earnings on superannuation assets supporting retirement congestion; income streams. Earnings above the $75,000 threshold will attract the same concessional rate of 15 per cent that ■ Transformation of work in the digital era (digital applies to earnings in the accumulation phase. This policy economy) and the consequences for our workforce has been officially announced and will be taken to the and workplaces as the economy adapts; 2016 Federal Election. ■ Impediments to international competitiveness The Abbott and Turnbull Liberal Government sought to including unnecessary barriers to greater destroy Labor’s Future of Financial Advice reforms which economics efficiency and insufficient investment in included the scrapping of the opt-in requirement allowing infrastructure, innovation, technology development an adviser to continue to charge fees indefinitely without and deployment; and receiving consent from their client. Labor is committed to ■ The economic consequences of climate change. these reforms in their entirety to protect consumers from poor financial advisory practices. Current Economic Climate: National economic growth was 2.5% in the year to The importance of Trade in the Australian Economy 31 September 2015 which is below-trend and the NSW Labor supports trade between Australia and the unemployment rate in Australia is currently 5.8% (at rest of the world because trade generates economic December 2015) which is higher than the 5.6% inherited growth, creates jobs, improves living standards and by the Liberal government in September 2013. reduces poverty. Labor has demonstrated a longstanding commitment to trade through the Chifley, Whitlam, Hawke, Treasurers Hockey and Morrison have delivered federal Keating, Rudd and Gillard governments. deficits across the forward estimates. The Liberals campaign to undermine the Australian economy with Reducing barriers to trade creates more competitive claims of a “budget emergency” as justification for the industries and benefits consumers through lower prices failed 2014 budget caused business and consumer and greater choice. Trade is a pathway to a high-skill, confidence to collapse. Further, the unnecessary repeals high-wage future for working Australians. The benefits of of the Minerals Resource Rent Tax & the Clean Energy trade can and must be shared fairly, both at home and Plan have directly hit at the bottom line of the Australian abroad. We must ensure safeguards support local job budget. opportunities, support Australian wages and conditions, maintain workplace skills and safety standards, and deter When in opposition, then federal Shadow Treasurer exploitation of overseas workers. Joe Hockey alleged that the government financed its economic success by creating a “mountain of debt”. Net Taxation government debt was estimated to peak at $191.6 billion NSW Labor supports an equitable and efficient taxation or 11.4 per cent of GDP in Labor's final budget. Only two system, as follows: years later it is headed for $336.4 billion or 18.5 per cent of GDP. 1. Maintenance of a progressive, personal income tax regime, noting Australia’s total income tax take Superannuation Policy is currently lower than the average rate among After almost three years of the Abbott/Hockey and comparable OECD nations. Turnbull/Morrison Federal Governments, we have seen 2. Co-operative effort by all levels of government to an ideological attack upon Australia’s superannuation reduce the reliance by NSW on State taxes which system. The Liberals’ have frozen Labor’s initiative to are narrow, volatile, inequitable and/or inefficient, in increase the superannuation guarantee from 9% to 12% particular, property transfer (stamp) duties.

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3. Maintenance of the corporate tax base by reducing PLATFORM AMENDMENT corporate tax avoidance and evasion (e.g. the use of offshore tax havens, transfer pricing or dishonest 1. LEICHHARDT BRANCH accounting) and using the proceeds to provide relief to good corporate citizens, by reducing the Conference acknowledges that the findings of the Henry corporate tax rate over time. Review, the IPART Review and the Lambert Review provide a comprehensive case for implementing reforms 4. Maintenance of the current levels of fuel taxation, to the NSW state tax revenues. noting the environmental dangers of encouraging fossil fuel consumption. However, the impact of such Conference recommends that the NSW ALP State taxation in rural areas should be reviewed to ensure Platform be amended to provide for a process for reasonable fuel prices are guaranteed. implementation of appropriate reforms to the current state taxes. The purpose of these reforms is to provide a wider 5. A reduction of the extremely generous base for state revenue taxes that will generate sufficient superannuation taxation concessions available to revenue growth to finance improved government services higher income earners. and improve their impact in respect of economic efficiency. 6. Opposition to the use by higher income earners of Any increase in taxation revenue will be progressive in Trusts, Partnerships and Incorporation to avoid tax nature and levied on those individuals and entities that can on personal services. All entities should be taxed afford to pay. equally on earnings derived from personal services. Specific reforms are to include moving away from Stamp 7. Removal of the abuse of "work-related' tax off-sets/ Duty towards a broader based progressive land tax, deductions, e.g. by tightening those relating to cutting insurance and fire levies, lowering the threshold for overseas conferences and home offices. payroll tax, and introducing a Sydney vehicle congestion 8. Introduction of a market-based emissions trading charge to cut vehicle taxes and charges. scheme comparable with those of our trading This process is to commence with a green paper that partners, incorporating appropriate compensation takes into account the findings of the Henry, IPART and for non-polluting businesses and low and middle- Lambert reviews and canvasses options in respect of the income earners. following revenue sources: 9. Consideration of the abolition of negative gearing ■ Stamp Duty for future purchases of established (second-hand) housing. ■ Payroll taxes 10. Consideration of the abolition or reduction of ■ Land tax the 50% Capital Gains Tax discount available to ■ Motor vehicle taxes purchasers of property held for more than 12 months. ■ Royalties 11. Consideration of the introduction of a financial ■ Environmental taxes

transactions or cash flow tax. ■ Wealth taxes

12. Removal of opportunities for tax avoidance by ■ Financial transactions Duty wealthy individuals, through consideration of measures including a rule (also known as the ■ Any other relevant sources ‘Warren Buffett Rule’) which requires very high Following public consultation and discussion of the Green income earners to pay at least a minimum average Paper a White Paper is to be prepared which takes into rate of tax on their total income. account the response to the Green Paper and sets out proposed changes. These may then be implemented after taking into account further public consultation and discussion on the White paper. Recommendation: Support in principle. Refer to National Conference position.

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AGENDA ITEMS 2.1 Effectively giving away long-term income that funds our National requirements 1. AUBURN-LIDCOMBE UNITED- BRANCH 2.2 Avoiding grasping the too-hard nettle of making That the Conference expresses concern at the increasing multi-nationals pay their fair share of Tax on money proportion of the population that cannot afford to purchase earned in Australia a home. There are a number of factors that contribute 2.3 In fact allowing privatisation to often put OUR to this situation. We request that the Party declare that assets in the hands of those same multi-nationals so affordable home ownership supplemented by affordable averse to paying their share of Tax rental properties for all Australians is a major priority to be Recommendation: Support in principle. addressed by all levels of government. The purpose of residential housing is primarily to ensure everybody has a home rather than to provide investment opportunities. 3. CAMDEN HAVEN BRANCH Conference calls on Federal Labor to put forward an anti- Measures to be taken should include a combination of the privatization bill (similar to that put forward by UK Labor) to following: prevent the selling off of all or parts of Medicare to Health ■ An expansion of public/social housing multi-national corporations, whose aim is to exploit the sick for profit, which is contrary to true Labor values. ■ Phasing out of negative gearing on investment properties Recommendation: Reject. The motion is inconsistent with the current ■ A limit on the number of investment properties platform (see 3.37 & 3.38). owned per person

■ Rigorous enforcement of foreign ownership laws 4. MAITLAND EAST BRANCH on investment properties with effective penalties Conference urges the Federal Labor Party to consider a ensuring a loss on investment, eg a requirement that policy development that addresses the issue of negative properties illegally obtained be made available for gearing. public housing Currently the law encourages speculative investment in ■ Phasing out of first home owner subsidies housing that is causing unsustainable increases in house Elimination of concessional tax treatment of capital gain on prices and forcing low and middle income Australians residential property from the housing market and into higher cost rental accommodation. Recommendation: Support in Principle. Refer to National Conference position in endorsing This is a serious erosion of the quality of life for many a review of negative gearing. The Committee notes Australians. that NSW Labor will strongly support the principle Recent research contradicts the Coalition claim that the of making housing more affordable and notes the negative gearing policy increases housing affordability. position adopted at the 2015 National Conference in relation to including reviewing Negative Gearing The negative gearing policy is also a serious drain on the as part of the tax system. Federal budget. Conference asks the Federal Party to review the current 2. MILTON ULLADULLA BRANCH legislation in the following terms: Given that 'Intergenerational theft' is a Coalition favourite ■ Existing NG investments be given a sunset clause slogan: that will enable current investors to reduce risk and 1. Labor should grasp the Abbott/Hockey slogan: realise existing investment plans.

■ By turning it around linking 'Intergenerational ■ Capital gains tax concessions be removed entirely. theft' to Baird’s poles and wires privatisation and Future investment that can be negatively geared be any other proposed privatisation attempts allowed only for: ■ After all isn’t privatising a profitable business ■ Houses that increase housing stock, i.e; new that will continue to pay dividends to the dwellings government of the day stealing from our children, grandchildren and great-grandchildren? ■ Affordable housing supply be a factor in legislative changes. 2. When embracing privatisation the Liberal-Country Party is failing in three ways by:

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■ The policy be tied to projects that enhance 8. LANE COVE BRANCH sustainable urban environments such as i. That negative gearing provisions be removed on consolidation around existing infrastructure the purchase of an already constructed residential These policy changes are equitable and socially just, property that has previously been lived in by either reduce the strain on the budget and help build an tenants or owner-occupied residents economically and environmentally sustainable future. ii That the following expenses not be allowed to be Recommendation: Support in Principle. deducted against assessable income of a residential Refer to Agenda Item 1. property owner: a) Interest arising from loan repayments used to 5. SHOP, DISTRIBUTIVE & ALLIED purchase the property. EMPLOYEES’ ASSOCIATION b) Fees and charges incurred in arranging loan Labor supports a review of tax concessions in facilities to fund the property purchase. superannuation. In line with a progressive tax system the overly generous tax concessions to high income earners c) All rental expenses including and not limited to should be reduced and the low income super contribution agents fees, letting fees, council rates, strata concessions should be retained. fees, special strata levies, landlord insurance, building and contents insurance, maintenance Recommendation: Support. fees. 6. SHOP, DISTRIBUTIVE & ALLIED d) All depreciation claims relating to building, EMPLOYEES’ ASSOCIATION fixtures and fittings. Labor supports a progressive taxation system. Labor e) Stamp duty and conveyancing costs. rejects any increase in the rate of the GST or any ii. That the expenses mentioned in points a, b, c, d broadening of the base of the GST as it is a regressive tax and e, be allowed to be capitalised against the cost that disproportionately falls upon low income employees base/purchase cost of the property and claimed and their families. as a dedication to offset any capital gain when Recommendation: Support. the property is sold if the property has been held for a period of longer than ten years since date of 7. COFFS HARBOUR BRANCH / BEROWRA exchange of contracts. FEC / PENNANT HILLS BRANCH / iii. That current negative gearing provisions be retained PADSTOW BRANCH / AUBURN for the purchase of residential property “off-the-plan" LIDCOMBE UNITED BRANCH / SNOWY or has not previously been inhabited by a tenant or RIVER COOMA BRANCH / GREENACRE owner-occupied resident BRANCH / EDEN-MONARO BRANCH v. That the above changes be prospective and not Conference notes the strong work of the Reserve Our apply to residential investment properties already Gas campaign on the issue of gas prices and supply and owned and where negative gearing is claimed at the officially signs on in support of the campaign. time of introducing such changes. Conference calls on the Government and the Australian Recommendation: Support in Principle. Labor Party to adopt a regulatory approach that ensures Refer to Agenda Item 1. Australia’s gas prices are not completely exposed to a distorted global price. This would be in the form of a gas 9. LAMBTON NEW LAMBTON KOTARA reservation – or reservation like – policy. BRANCH We call on both our local State and Federal Taking from the poor to support the rich changes representatives to argue for gas reservation in caucus and to superannuation and pensions commencing on in their respective parliaments. 01/01/2016 and 01/01/2017 or the Liberals High End Conference notes that every other gas exporting country pension support. in the world manages to balance the interests of gas This conference calls upon NSW Labor to commit to producers and the broader economy – Australia should repealing those parts of the Liberal’s Allocated and too. Defined Benefit Superannuation Pensions Legislation that Recommendation: Support in principle. unfairly targets: Refer to National Conference position. ■ Those on lower superannuation incomes against the continuing support to those on high-end superannuation pensions.

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■ The changes to Superannuation Allocated Pensions 11. JERVIS BAY ST GEORGES BASIN (AP) will entice many retirees and future retirees BRANCH to limit and reduce their savings and assets, for In light of the continuing deterioration of Australia’s example spending on renovations, travel and gifting. manufacturing sector we request that the Federal ■ The changes to Defined Benefit Pensions will create Opposition and the Australian Labor Party place in its particular difficulty for 60% of those affected are election platform the concept of creating a new federal currently receiving a benefit of $30,000 or less, they department for the protection of industries or products just have to cop it. deemed essential to the national interest.

■ Unlike those superannuants on Allocated Pensions, Most recently this deterioration can be seen in the those on Defined Benefit Pensions before 1 January automotive and petroleum industries which have 2015 are not subject to grandfathering rules or continued a trend that has been has been underway since provided relief from the new legislation the mid-1970s. ■ Centrelink changes penalise couples where one This new department could be titled: “THE MINISTERY OF partner has much less super than the other, and NATIONAL SELF-SUFFICENCY” ■ Takes no account of whether another person or The scope and role of this department will be to protect children share that income. via quotas, tariffs, grants, tax incentives, and low interest While Allocated Pensioners who had an AP before 1 loans, industries and businesses that have been deemed January 2015 are not subject to the new deeming rules: fundamental to the national economy and the concept of national self-sufficiency. ■ Should that pensioner wish roll their AP to a new provider such a transaction is a new account and This will thereby maximise Australian jobs, secure the will financially disadvantage the AP pensioner. By future of our children and grandchildren, and lessen our simply rolling over to another financial manager an vulnerability to offshore supply chain problems, natural otherwise unchanged investment is brought under disasters, and overseas conflicts. the new deeming rules. The department should be protected by laws which make ■ This inequitable law locks pensioners into a financial it exempt from free trade agreements which undermine the institution who may not be prudently managing the concept of Australian national self-sufficiency. AP investment because financial institutions now The department should not exclude or ban said products have a monopoly over those pre January 2015 AP from Australia, rather it should simply limit the number or pensioners who will be financially disadvantaged percentage of the national market of such products that should they wish to change provider. can be sold in Australia. The Liberal government targeted aged pensioners and got For example a designated product could be limited to away with it with Labor’s support. Excluded from these supply 20 percent of the Australian national market, or blinkered policies were the unfunded politicians’, federal tariffs could be put in place comparable to levels imposed judges’, and defence force superannuation incomes. This on Australian exports by the supplying nation. is discrimination of the poor. After 40 years of deterioration since the 1970s many Recommendation: Note. Australian industries have now reached the point where the nation would be unable to provide for itself should 10. ERMINGTON BRANCH offshore events conspire to interrupt or sever the nation’s Conference calls for immediate action to address the overseas supply lines. retirement savings gender gap through reform of our superannuation system. This should include the following In a world where there is no such thing as a level playing measures: field the Labor Party should not unreservedly endorse the concept of Free Trade, rather it should embrace the ■ Removing the contributions tax, including employer concept of FAIR TRADE. contributions into an individual’s assessable income and including an offset It is time for the Labor Party to act before the nation succumbs to the tide of history and the four generational ■ Shifting to a progressive tax rate on superannuation ‘Long Cycle’ of International Relations. income tax Recommendation: Reject. ■ Levying superannuation during the paid parental The Hawke Government’s liberalisation of Australian leave period trade barriers has resulted in lower consumer prices ■ Shifting the superannuation guarantee to total and contributed to the continuing economic growth earnings rather than ordinary time earnings Australia has experienced since 1991. Recommendation: Support.

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12. WENTWORTHVILLE BRANCH 17. ALEXANDRIA BRANCH That the Federal Government revert back to the 1996 Australian Labor Party Policy should be to adopt a Keating government rules for taxation of superannuation regulatory approach via a gas reservation policy that contributions. ensures that Australia's domestic gas prices are not completely exposed to a distorted global price. Recommendation: Reject. Current National Labor superannuation taxation Recommendation: Support in principle. policy is better suited to the current economic Refer to Agenda Item 5. climate. 18. TUMBI UMBI BRANCH 13. SEVEN HILLS SEC The Conference strongly opposes the secret Trans-Pacific Conference calls upon the government and the ALP to Partnership Agreement (TPPA) being negotiated as it adopt a regulatory approach that ensures Australia's is shrouded in secrecy and denies the public important gas prices are not completely exposed to distorted information about the provisions being included. Not only global price. This approach would take the form of a gas are the terms of agreement potentially very harmful, but reservation policy. We consider that Australia can and the process of negotiation lacks transparency. The investor should have a vibrant gas exporting industry. However state dispute mechanism which allows private companies it should not come at the expense of other sectors and to sue the Australian Government for legislating in the the community at large. We note that every other gas public interest should be categorically opposed. exporting country manages to balance the interests of gas Recommendation: Reject. producers and the broader economy. Australia should too. The National Platform deals with ALP policy in this Recommendation: Support in principle. regard. The Committee notes that it shares concerns Refer to Agenda Item 5. regarding Investor State Dispute Settlement regimes as well as the lack of transparency surrounding a 14. NEWCASTLE BRANCH number of these trade deals. So as to reflect a high standard of honest clarity and integrity in the political discourse at all levels of 19. TUMBI UMBI BRANCH government, the use of such terms as "efficiency dividend" This Conference reaffirms its support for the ‘Robin Hood as a euphemism for cost-cutting savings and ''asset Tax’ as it has the potential to generate significant revenue recycling" as a euphemism for privatisation is to be globally; upwards of $1 billion per year just in Australia and formally discouraged in all ALP Communications. aligns with Labor's founding principles. Recommendation: Reject. Recommendation: Noted. Refer to National Conference position. 15. ARMIDALE BRANCH Conference is opposed to coal mining on the Liverpool 20. TUMBI UMBI BRANCH Plains and demands that any current licenses in that This Conference supports the abolition of negative region be revoked due to the impact on the food bowl and gearing for landlords in its current form. We endorse water table and that no further licenses be issued. negative gearing as a tax policy with the condition that any negatively geared property must be a new property (no Recommendation: Reject. more than three years old). We support the application of this amendment in line with the recommendation by the 16. ADAMSTOWN BRANCH Henry Tax Review, that only 40% of interest and expenses Conference expresses support for the concept of the be allowed as deductable expenses for these new Federal Government conducting a periodic tender process properties. Finally, that we support a ‘grandfather clause’ among reputable superannuation providers for the to be applied to the properties of all current tax payers provision of the best priced default fund for employees. who utilise negative gearing to ensure that they are not Further, that the tax return process allow taxpayers to adversely affected by this. switch to the successful tenderer if they so choose, as part of the tax return process at minimum or no cost. Recommendation: Support in Principle. Refer to Agenda Item 1. Conference notes that the above is similar to a recommendation of the Grattan Institute after a study which found that Australians are paying fees averaging of 1.2% of superannuation account balances, more than 3 times the median OECD rate. Recommendation: Note. The “My Super” reforms provides for this.

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21. TUMBI UMBI BRANCH 26. CESSNOCK BRANCH This Conference supports the abolition of stamp duties on Conference calls on the Federal Parliamentary Labor real estate. We support a broad based and progressive Party to investigate the implementation of a financial land tax as a suitable and equitable replacement for stamp transactions tax, of up to 0.5%, at either a national or duty. We call on state and federal branches of the party to regional level. work together to encourage a national, uniform land tax. Recommendation: Noted. Recommendation: Reject. Refer to National Conference support for broad taxation review. 22. TUMBI UMBI BRANCH This Conference supports raising the tax-free threshold to 27. TUMBI UMBI BRANCH $25,000 to assist low income earners. That Conference calls on the Federal Government to undertake a comprehensive review of the superannuation Recommendation: Reject. contribution system with the aim of making the system The Committee view is that this, in isolation, more equitable. The tax concessions currently in place would be counterproductive. benefit the 10% of highest income earners to the detriment of lower income earners. This is not in the 23. TUMBI UMBI BRANCH egalitarian spirit of Australia or in line with ALP core That Conference supports the amendment of capital gains principles, particularly and including those regarding taxation [for shares and housing], and believe that capital progressive taxation. We ask the Federal Government to gains should be taxed at the same rate as income. reduce the tax concession available to the highest earners Recommendation: Support in principle. and consider the re-introduction of the reasonable benefits Refer to National Platform. test. Superannuation should be a progressive scheme similar to income tax. 24. TUMBI UMBI BRANCH Recommendation: Reject. As part of a comprehensive tax review, this Conference Current National Labor superannuation taxation supports the abolition of fuel and exploration tax breaks policy is more a better policy suited to the current for mining companies. economic climate. Recommendation: Reject. 28. LAMBTON NEW LAMBTON KOTARA The Committee rejects discriminatory abolition of tax concessions for certain sectors in isolation. BRANCH Given the breadth of scandal surrounding the ‘Finance 25. TUMBI UMBI BRANCH Sector’ including many retail financial managers such as Westpac, CBA, NAB, Macquarie Private Wealth, IOOF This Conference endorses the idea that when Federal and ANZ to name the more prominent ones, Conference Labor next wins office, the next Labor cabinet implement requests that the Federal Labor Party support a Royal a comprehensive review, to be undertaken by professional Commission into the Finance Sector. and independent economic experts, of every element of the taxation system with three equally weighted goals in its Recommendation: Reject. terms of reference: The Last Labor Government legislated the Future of Financial Advice reforms which, once allowed to i. Creating the conditions for upwards social mobility settle, provide the appropriate regulatory framework. for individuals and families, and; ii. Creating the conditions for real GDP growth, and; 29. NEWCASTLE FEC iv. Correcting the structural deficit. That the Conference regards any action of either Federal, State or Local government (or associated bodies) This Conference believes that the FPLP should take ideas involving: and recommendations from this review to subsequent elections if these recommendations relate to our a. The sale of sound income-earning community- commitment to fairness, economic growth and individual owned assets, without exception; opportunity, families, workers, Australian business, and b. The gifting or sale of government-funded or sourced being a good global citizen. research outcomes, such as intellectual property, Recommendation: Noted. patents, processes or materials without appropriate The Committee supports periodic comprehensive licence or royalty fees being paid in perpetuity at re- reviews of the taxation system. negotiable market process;

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c. The expropriation of Crown Lands to private 32. AUSTRALIAN SERVICES UNION entrepreneurs, either by sale or lease unless it Water is our most precious natural resource and water achieves solid socially-desirable outcomes; services are an important public asset. NSW Labor is d. The outsourcing of government processes, (e.g., jail committed to keeping Sydney Water and Hunter Water management, taxation assessment for corporations) in public hands and does not support any privatisation or outsourcing of their important work or functions delivering As grossly unacceptable unless it can be lucidly water supplies and services to the people of NSW. demonstrated, after prior quality community consultation Privatisation would risk thousands of jobs and a stable and consensus that significant and unchallengeable benefit and secure water supply in NSW. will definitely ensure to the relevant community at large. Recommendation: Support in principle. Recommendation: Refer to current NSW Labor Party Platform 33. AUSTRALIAN SERVICES UNION regarding such asset transfers. NSW Labor recognises our public transport system is 30. LAMBTON NEW LAMBTON KOTARA world class because it provides reliable and accessible services, safe and clean stations and thousands of good BRANCH secure jobs for the people of NSW. NSW Labor does not Conference continues to support the Hunter as the support any further privatisation or outsourcing of our Nation’s Clean Energy Hub. public transport in NSW. The Hunter Region has everything it needs to prosper in a Recommendation: Support in principle. low carbon future, given appropriate policy support:

■ world class academic institutions and research 34. UNITED VOICE NSW government agencies and state-owned corporations ■ a strong manufacturing sector currently tender for property services in numerous ■ opportunities to commercialise innovation buildings that are government-owned or leased. As a result, a wide range of service suppliers are engaged by ■ a highly skilled workforce. government to provide property services. Procurement Labor must plan for the future and ensure we are building could be streamlined by tendering across the property modern, resilient industries that provide prosperity for portfolio for property services instead of at agency level. decades to come. NSW Labor will review the devolution of government Recommendation: Support. property services procurement to determine the most efficient and effective tendering process and to ensure 31. WENTWORTH FEC employment and service standards are adhered to That Conference supports the recommendations of consistently. the Henry Review into the taxation of superannuation NSW Labor also commits to enforcing codes of practice concession and advocates any moves to eliminate to ensure that on sites owned or leased by the NSW superannuation tax breaks for the wealthy including government, property service providers, contractors and elimination of tax free income from high balance members any subcontractors employ workers on the appropriate in retirement phase. The Conference also supports the wages and conditions and with necessary training. Deloitte Access Economics recommendation that all concessional contributions to superannuation receive Recommendation: Support in principle. the 15% deduction from the marginal tax rate than being taxed at a flat 15% regardless of high income. The 35. ERMINGTON BRANCH Conference does not support perks being offered to high Conference calls for reform to negative gearing as a matter income superannuation contributors at the expense of the of urgency, including consideration of options such as budget bottom line and average wage earners. limiting the practice to new builds only in the future to Recommendation: Support in principle. promote housing affordability and limiting tax deductions Refer to National Conference position. against property income. Recommendation: Support in Principle. Refer to National Conference position in endorsing a review of negative gearing

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36. UNITED VOICE 39. AUSTRALIAN MANUFACTURING NSW government agencies and state-owned corporations WORKERS’ UNION currently tender for property services in numerous NSW Labor does not support an increased in the Goods buildings that are government-owned or leased. As a and Services Tax or moves to broaden the base of this result, a wide range of service suppliers are engaged by tax. government to provide property services. Procurement Government services need adequate funding. Labor has could be streamlined by tendering across the property to have an answer to how it will raise the revenue to fund portfolio for property services instead of at agency level. the services we believe are essential to a comprehensive NSW Labor will review the devolution of government social democratic state. property services procurement to determine the most Increasing or broadening the GST is not the answer. efficient and effective tendering process and to ensure The GST, a flat tax, disproportionally impacts low employment and service standards are adhered to income earners and those on fixed incomes who spend consistently. considerably more of their income that high income NSW Labor also commits to enforcing codes of practice earners (who are able to save much more). Taxes should to ensure that on sites owned or leased by the NSW be raised progressively – if you earn more, you pay more, government, property service providers, contractors and if you earn less, you pay less. any subcontractors employ workers on the appropriate NSW Labor particularly opposes increasing the GST to wages and conditions and with necessary training. fund personal income tax cuts. Our national conversation Recommendation: Support in principle. about tax needs to start by addressing how we raise the revenue we need to fund the services we support – the 37. ROBERTSON FEC NDIS, universal public health, free public education. That the Federal Labor caucus adopts a Increasing an unfair tax to fund a decrease in a fairer telecommunications policy that facilitates the option of a progressive tax is against Labor values and should not be home user to: supported.

■ Block incoming calls that have no number Recommendation: Support. identification 40. SUMMER HILL BRANCH ■ Engage an option on the do not call register that In light of revelations in the ABC program “Ka-Ching”, this also blocks presently exempted parties branch calls on development of ALP policy to eliminate Recommendation: Reject. anti-social gambling, introduce limits and eliminate reliance of clubs and pubs and state budgets on gambling 38. UNITED VOICE revenue. NSW Labor notes the increased growth and popularity Recommendation: Reject. of services in the ‘sharing economy’, such as Air BnB and Uber for accommodation and transport services. 41. LABOR FOR INNOVATION Governments must sensibly recognise consumer That NSW Labor embraces the sharing economy and demand for these services, whilst regulating to ensure enables the private sector to utilise existing capital that adequate protections for working people and the and labour in the most efficient manner possible whilst community are in put in place. maintaining or improving living standards of NSW NSW Labor supports the community provision of services residents. through a ‘sharing economy’ model. We recognise that That NSW Labor supports measures to encourage this can have many benefits in terms of convenience collaboration between early stage innovative companies and affordability. We also believe people working in and NSW Government agencies. In particular, NSW Labor these industries (existing players and new entrants) need supports measures to facilitate the inclusion of early stage protection of their workplace rights. companies in government tender processes. NSW Labor NSW Labor will work to ensure the sharing economy is further supports greater accessibility of NSW Government both properly supported and properly regulated in NSW. information through open data where possible, including Recommendation: Support. to connotative companies. Recommendation: Support.

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42. TWEED COAST BRANCH Conference condemns the proposal by the Turnbull Liberal/Nationals Federal Government to introduce legislation to force the inclusion of Independent chairpersons and Independent Directors onto the Boards of Industry and Public Service Superannuation funds and to give APRA (the financial services industry regulator) unfettered rights on the approval of any new super fund directors. As all the financial performance indicators available, including those from the APRA, indicate that industry and public service funds outperform retail funds, the only purpose of the Turnbull Government in introducing this legislation is to allow the banking industry to take control of industry funds and remove workers, their representative unions and employers from these boards and reduce the superannuation benefits paid to workers. Conference calls on: – all members of the Labor Party to robustly defend the existing structure and management processes of Industry Superannuation Funds; – Federal MPs and Senators to robustly debate and reject these Turnbull Government proposals; and – State and National Secretariats to facilitate community awareness campaigns to defeat this attack on current and future workers of Australia. Recommendation: Support in principle.

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PROSPERITY AND FAIRNESS AT WORK

Fair workplaces Safe work Labor wants a growing economy which provides full- Under the Coalition, work safety laws and their employment underpinned by quality jobs providing enforcement have been scaled back and unions have lost meaningful work and economic security. The key the ability to enforce laws which protect workers. As a measures of work must include social and economic result accident and fatality rates remain unacceptably high. inclusion. Labor believes we live in a society, not just an Workers’ compensation changes reduced injured workers’ economy and people are not simply units of production, benefits to the lowest level in living memory. The harshest but are individuals with families and lives outside their changes are the time limits on medical treatment, removal workplaces. of coverage when travelling to and from work, and the Labor believes all people should be treated with dignity retrospective removal of rights from workers injured prior and fairness at work. That is why Labor will continue to to the recent changes. support penalty rates for all employees whose work falls Labor will repeal those harsh laws and ensure workers on days and times that are regarded by the majority of and unions can enforce work safety laws, including families as outside normal working hours. In addition, rehabilitation and return to work obligations on Labor will continue to support fair shop trading laws, insurers and employers. Disputes about treatment or including keeping shops closed on existing protections compensation must be resolved by an independent for Good Friday, Easter Sunday, Christmas Day, Boxing tribunal and returning work safety prosecutions to the Day and the Anzac Day morning, to protect the limited Industrial Court of NSW. Labor will restore the full powers personal, family and community time available for workers held by the Dust Diseases Board prior to the 2015 and small businesses. changes. Following the exposure of the shameful exploitation of Under a Labor Government, WorkCover will be properly international students working in 7 eleven franchises, resourced to promote the highest standards of workplace Labor will strengthen and expand existing provisions safety to proactively support healthy workplaces, not just whereby principal contractors are held liable for employee not just pick up the pieces afterwards. entitlements of subcontractors to include franchisor liability for employee entitlements of franchisees. Labor will also support education of international students of their work rights and right to join a union. Labor will focus on ensuring all working people in NSW enjoy a safe workplace, free of bullying, exploitation and all forms of discrimination. We will ensure there is a properly resourced, independent umpire to deal with all matters involving work which arise under State law. The Industrial Relations Commission will have its ability to set fair wages and conditions restored and given the widest mandate for protecting working conditions. This includes the right to join, be represented by and participate in unions. Labor will ensure working people and businesses are able to secure timely and reliable information about wages and entitlements. Labor will also ensure workers are provided with proper assistance to recover entitlements owed to them. Labor in government will ensure it only does business with companies that have fair and safe workplace policies, including how they resolve workplace disputes. Labor will reflect this policy strategy in the criteria it sets for the tendering processes of Government work. Good local jobs will be a priority in all industries.

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PLATFORM AMENDMENTS AGENDA ITEMS

1. ALEXANDRIA BRANCH 1. AUBURN LIDCOMBE UNITED BRANCH Conference notes the Leader of the Opposition's Unions and the Labor Party comments that Uber should be regulated, and asks that Union involvement in the Labor Party has become a Conference add to Party Policy the below measures, problem that is impacting the party in a negative way. To or equivalents, either to the section "Creating Fair avoid the union leadership abusing their power in the party Workplaces" (currently 4.12 through 4.18), or elsewhere, the relationship needs to be reviewed and transformed as Conference sees fit: to be democratic in nature rather than centralised. (i.e. ■ Drivers and other people working for 'on-demand' hand picking delegates to party conference). We need application businesses, also known as 'on-hire the union relationship to strengthen the Party to enable employment services', such as Uber, are not to it to represent workers. This is best done by unions be classed as independent contractors but as encouraging their members to join the party, launching employees. collective campaigns with unions and by the party representing a working class agenda to make Australia a ■ They should receive full workplace entitlements, country for everyone. and be subject to oversight and protection by their employer. Recommendation: Reject.

■ They should be guaranteed a level of income for 2. CANTERBURY SEC/CAMPSIE BRANCH their work and must be afforded the entitlements and protections required under Australian law. Conference calls upon all Labor Councillors to actively support implementation of the following policies in local Recommendation: Support in Principle. government: Refer to Shadow Minister for Employment and Workplace Relations. 1. That labour hire or contract staff should not be used to replace local government employees at any local government authority and that any attempt to reduce job security or to replace award based positions in NSW local government should be opposed. 2. That labour hire and/or contract labour should not be used to undercut or reduce the wages and conditions of local government employees in NSW. 3. That the wages and conditions for workers of companies engaged by councils under contract should be no less favourable than those in the NSW State Local Government Award. 4. That the jobs of local government employees should not be made less secure as a result of the fit for the future process and that there should be no forced redundancies. Recommendation: Support.

3. SHOP, DISTRIBUTIVE & ALLIED EMPLOYEES’ ASSOCIATION Labor recognises the significant disparity in the retirement incomes of men and women; often reflective of interrupted working patterns due to unpaid caring responsibilities. Labor will introduce measures to effectively reduce this disparity. Measures should include:

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■ legislating for payment of superannuation by 7. SHOP, DISTRIBUTIVE & ALLIED employers for periods of paid parental leave EMPLOYEES’ ASSOCIATION and government payment of superannuation Industry superannuation funds, with the not for contributions for those eligible for payments under profit representative trustee Governance model has the government Paid Parental Leave Scheme; outperformed the for-profit appointed trustee governance ■ government paid superannuation contributions on model on most important criteria of performance over the behalf of carers in receipt of Carers’ Payments/ long run. Allowances or Family Payments; In light of the success of the industry superannuation ■ retain the low income Superannuation Contribution; fund governance model and consistent generation of and higher net returns for their fund members, Labor will oppose any mandatory requirements to alter current ■ following a period of parental leave or extended governance models that would undermine the not for carer's leave permit averaging of earnings for profit representative trustee governance model. income tax purposes over 5 year periods, with any resultant tax benefit/refund being paid into the Recommendation: Support. recipients superannuation account. 8. CONSTRUCTION FORESTRY MINING Recommendation: Support in principle. AND ENERGY UNION (NSW BRANCH) Refer to Shadow Treasurer and Shadow Assistant Treasurer. CONSTRUCTION AND GENERAL DIVISION The CFMEU is gravely concerned about the number 4. ARMIDALE BRANCH of well-established builders and subcontractors that continue to fail in the building and construction industry. Conference supports an inquiry into the exploitation Clearly the slowdown in economic worker, the increase of workers employed under 457 and 711 international competitiveness has pushed down prices and builders student visas. and subcontractors are engaged in a race to the bottom Recommendation: Support. to win work. This is contributing to the collapse of builders, the non-payment and therefore failure of subcontractors, 5. TUMBI UMBI BRANCH and ultimately the non-payment of wages and entitlements Conference is strongly opposed to the Federal to workers. Government budget proposal regarding salary sacrificing The NSW Liberal Government has contributed to the on low paid staff working in the Not-for-Profit sector. This crisis, by cancelling contracts where it has engaged a proposal would cap the amount that NFP organisations failed builder and failed to heed the CFMEU's call for an are able to salary sacrifice and would “strike at the pocket inquiry in the tendering and payments scheme in NSW, of many of the hardest working Australians who provide leaving many small businesses to ruin. Despite many good essential care for our most vulnerable. The majority of recommendations coming out of the Collins Inquiry the employees in these mainly part-time jobs are women. The NSW Liberal Government has failed to even promulgate removal of these entitlements will have a direct impact the simple amendments it’s made to the Security of on women across Australia, further widening the gap Payments regime and delays in tackling reforms that between male and female weekly earnings.” Attracting would better protect subcontractors and their employees. skilled staff to the Sector is likely to become more difficult. Conference calls on State Labor to commit itself to an Recommendation: Support. overhaul of Security Payments legislation and regulatory system, to ensure that small subcontractors are able to 6. UNITED SERVICES UNION access and benefit from the legislation, and to undertake Conference moves that if any Local Councils or related a broader inquiry into the tendering and payment practices entities are amalgamated either voluntarily or forcibly, in the industry. all ALP Councillors support and endorse employment Recommendation: Support. protections for all workers of the respective amalgamated Councils or related entities of no forced redundancy for at least 5 years following any transfer. Conference further support amendments to the NSW Local Government Act 1993 Section 354(f) to support this resolution. Recommendation: Support.

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9. CONSTRUCTION FORESTRY MINING 11. KURINGGAI BRANCH AND ENERGY UNION (NSW BRANCH) The Conference notes that: CONSTRUCTION AND GENERAL DIVISION ■ Currently, the Fair Work Act 2009 supports unfair The CFMEU calls up on Labor to ensure that all dismissals within 12 months of an employee being government funded projects require contractors to at a small business employer or 6 months for use active Labour Market Testing (LMT) to ensure that all other employers and that this is a completely Australian citizens and permanent residents are given the arbitrary period of time which facilitates exploitation opportunity to apply for jobs before applications for 457 of workers; visa workers can be approved. ■ the 6 month minimum employment period or Further Labor should seek to ensure that before qualifying period is a remnant of Work Choices any Regional Migration Agreement is applied for, all which was extended to 12 months in its application stakeholders including unions are consulted and a needs to small employers by the Australian Labor Party; assessment undertaken, exploring other avenues for sourcing workers. ■ there is no good justification for the measure as all employers are still able to terminate employees Recommendation: Support. if they are not fulfilling the requirements of their employment or if the termination comes as a result 10. TUMBI UMBI BRANCH of genuine redundancy; That Conference supports the campaign ‘A Real Choice’ ■ in the face of the imminent and undeniable attacks being run by the NSW Nurses and Midwives Association in on workers' rights that are currently being pursued collaboration with the Public Service Association of NSW by this Conservative government through the Royal and the Australian Salaried Medical Officers Federation Commission into Trade Unions and the Productivity NSW. This Conference supports the key principles of the Commission, the ALP must stand up and must push campaign that are designed to protect choice and quality back; services by guaranteeing: ■ increasing the scope of unfair dismissal protections 1. That the NSW government retains a role in the to recent employees is but one simple way that we provision of services in the ageing, disability and can take a strong, proactive stance on workers’ home care sectors. rights; 2. That the government protects NSW Disability and ■ the qualifier to unfair dismissal should not be how Home Care Services staff by providing: long you have been employed or how big the a. Safeguarded rates of pay, conditions and business is but whether the dismissal was unfair, entitlements for those who are transferred to a The Conference calls for: private provider. ■ the repeal of sections 383 and 384 of the Fair Work b. Transfer payments for staff transferred to a Act 2009 and private provider. ■ the Labor Party as a whole to consider adopting c. The right to choose to stay with the public this proposal as a policy to be presented during the sector. The right to choose between forthcoming election campaign. redeployment or redundancy payment for staff who do not want to be forced to transfer out Recommendation: Support. of the public sector. 12. CONSTRUCTION FORESTRY MINING d. A guaranteed employment period for staff who transfer to a private provider and also for those AND ENERGY UNION (NSW BRANCH) who want to stay working in the public sector. CONSTRUCTION AND GENERAL DIVISION The CFMEU has expressed serious concerns about Recommendation: Support in principal. workers compensation standards for injured workers in Amend 2.a. to read: Safeguarded rates of pay, New South Wales. It is a tragedy that seriously injured conditions and entitlements for those who are workers in New South Wales are not receiving adequate transferred to a private and not for profit provider compensation. Far from compensating workers fairly, the WorkCover NSW system is extremely punitive. Many workers are seriously injured, and even where they may have a capacity to return to the workforce, many employers are very reluctant to take on someone with a workers

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compensation injury. The result can be financially 14. SWANSEA SEC / GWANDALAN BRANCH devastating for workers and their families. A fair system Conference recommends that the NSW Education in not one that reduces the rights to expert legal advice, Committee and the Industrial Relations Committee look representation and compensation, but one which takes into the unfair work experience or volunteer labour, care of those injured at work and does not compromise on which is essential for the young unemployed before they their rights to seek just compensation. can obtain work, after leaving school or studying TAFE In addition, NSW Workers have to overcome the highest courses. thresholds to sue for damages in the event they are injured Businesses demand work experience and some are using by their employer’s negligence. The current threshold is so unpaid workers to their own advantage. high that the rights of workers to bring such claims have been effectively abolished. Why should injured workers This is virtually unpaid slave labour and should be be treated any differently from someone injured in a car discontinued. Young hopeful workers are being accident or who suffer an injury that is not work related? discriminated against have to use most of their Currently if you are injured by the negligence of your unemployment allowance to travel to and from unpaid employer you do not have the same rights as those whose work. injuries do nor occur at work. There is no justification for Recommendation: this. Exception where the placement is a requirement Meanwhile, employers in New South Wales continue to of the student’s course. receive successive generous reductions in their premiums, 12.5% in the last 12 months. 15. CONSTRUCTION FORESTRY MINING AND ENERGY UNION (NSW BRANCH) Conference calls on the NSW Labor to repeal the changes CONSTRUCTION AND GENERAL DIVISION to workers compensation legislation, including removing work capacity assessments and decisions and bringing Under the NSW Liberal Government WorkCover has been back journey cover, to ensure fair and just access to gutted and has failed in its role as the safety regulator. workers compensation and common law damages, Many safety incidences go unpunished and employers including reducing the threshold for access to common are basically left to regulate themselves. Standards in the law damages and reintroducing non-economic damages. building and construction industry have slipped and we fear more workers will be killed. Recommendation: Support. Conference calls on State Labor to commit itself to an 13. AUSTRALIAN WORKERS’ UNION, overhaul of WorkCover and the safety regulatory system, GREATER NEW SOUTH WALES to ensure that WorkCover is an active enforcer of safety laws so that high safety standards are restored. With the emergence of precarious employment, the average tenure in a workplace is falling. The need for long Recommendation: Support. service leave is no less for a worker who has worked for multiple employers during their 10 years of employment 16. AUSTRALIAN WORKERS’ UNION, than those who were fortunate to have stayed with the GREATER NEW SOUTH WALES same employer. The Australian Workers’ Union (AWU) The 2011 ALP Conference endorsed that the NSW ALP notes that at the 2011 NSW Labor Conference, that State Parliamentary wing to develop feasible plans on how conference endorsed NSW Labor to develop a portable asbestos can be eventually removed from all buildings long service leave policy as part of their initiative to regain and how residential owners can be financially supported Government in 2015. The AWU notes that no such policy in attaining this goal. To date, no such plan has been was developed nor taken to the 2015 election. discussed with or brought to the attention of the public This Conference calls on NSW ALP Leader to develop a or the Australian Workers’ Union as the original movers policy prior to the next ALP Conference. of the motion. This Conference requires the NSW Labor Leader Luke Foley to provide resources and commitment Recommendation: Support. in developing plans for the removal of asbestos. Recommendation: Support.

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17. SHOP, DISTRIBUTIVE & ALLIED 21. CONSTRUCTION FORESTRY MINING EMPLOYEES’ ASSOCIATION AND ENERGY UNION (NSW BRANCH) Labor condemns the exploitation of vulnerable workers CONSTRUCTION AND GENERAL DIVISION including those on student visas. The CFMEU is opposed to the re-establishment of the Australian Building and Construction Commission by the The appalling example of 7 Eleven workers being Turnbull Government. We were disappointed that Labor exploited in a franchise system where the Franchisor failed to abolish entirely the Building and Construction made substantial profits highlights the need for regulatory Industry Improvement Act 2005 and retained the change. Australian Building and Construction Commission when it Labor calls for a change to current laws so as to was in government. ultimately hold the franchisor liable for the underpayment The Building and Construction Industry Improvement of employees of franchisees where the franchisor had Act 2005 (BCII Act), which was resisted by the ALP knowledge, or should reasonably have had knowledge, of in opposition, represented the worst excesses of the such underpayments. former Howard Government's WorkChoices agenda. Its Labor condemns the Productivity Commissions draft resuscitation should be vigorously opposed and Labor recommendations that seeks to divide workers into those should commit to repeal any legislation in the future. whose family time is valuable and worthy of penalty rates Turnbull’s laws renders virtually all forms of industrial action and those whose family time is not valuable and whose unlawful and subject to massive fines against unions and penalty rates should be cut. individual workers. The ABCC will have unprecedented Labor supports United Voice and the SDA's joint coercive powers to force people to answer questions campaign "Save Our Weekend: Protect Penalty Rates" under oath and provide information or documents about and calls on all party units to support the campaign. everyday industrial relations issues and gaol terms of up to Recommendation: Support. 6 months for those who refuse to comply. The retention of the ABCC is inconsistent with the 18. AUBURN LIDCOMBE UNITED BRANCH principles and platform of the ALP and further that the This Conference opposes the continuation of the Royal International Labour Organisation’s Committee of Experts Commission into Trade Union Governance and Corruption and Committee on Freedom of Association have also and calls for the Commission to be wound up immediately. condemned these laws as inconsistent with International Conventions signed by Australia. Recommendation: Support. This repressive legislation has no place in Australian 19. CONSTRUCTION FORESTRY MINING society, holding that the right to silence is a fundamental AND ENERGY UNION (NSW BRANCH) right and that no Australian citizen should be compelled CONSTRUCTION AND GENERAL DIVISION to answer questions relating to industrial issues or discussions held at union meetings under threat of fines The CFMEU calls for a review of the effectiveness of and/or gaol. The CFMEU also rejects the imposition of legislation, regulation and enforcement in relation to the fines against unions and workers for exercising their safety regulatory system to ensure WorkCover is an active democratic right to withdraw labour. Building workers enforcer of safety laws so that high safety standards are should not be treated differently from other workers. restored. This conference calls on the NSW State Labor to strongly Recommendation: Support. lobby its federal counterpart to resist and when elected abolish these draconian laws. 20. CONSTRUCTION FORESTRY MINING AND ENERGY UNION (NSW BRANCH) Recommendation: Support. CONSTRUCTION AND GENERAL DIVISION 22. CESSNOCK BRANCH The CFMEU calls for Labor to commit to ensuring that local spending means local jobs. Conference calls on the State Parliamentary Labor Party to protect public services, oppose outsourcing and Recommendation: Support. privatisation and expose the effects of cuts to services, benefits and working people and defend the protections that are in place. Not allow the unemployed, the sick and other recipients of welfare to be demonised. Recommendation: Support.

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23. AUSTRALIAN WORKERS’ UNION, 27. LITHGOW BRANCH GREATER NEW SOUTH WALES That Conference calls on a Shorten/Plibersek Labor There is a growing trend for Government departments or government to implement an independent commission of State Owned Corporations, across all tiers of Government inquiry (possibly a royal commission) into the deployment to understaff and/or fail to fill vacancies as they fall due. of foreign labour within Australia, particularly the use of 457 and 417 visas and the impact of such labour The stripping of Public sector jobs in the name of arrangements on rural and regional communities. cost savings, restructure or rationalisation is having a detrimental effect on both workplace health and safety and Recommendation: employee satisfaction, which leads to poor productivity Amend to delete specification of 457 and 417 visas, and lower standards of service to the general public. and support. “Understaffing” is a tool used by Governments in particular 28. AUSTRALIAN WORKERS’ UNION, to ready an organisation for outsourcing or sale. This GREATER NEW SOUTH WALES clearly leads to a lower standard of service for tax payers and must be stopped. The Australian Workers’ Union calls on NSW Labor to undertake all action to amend the Fair Work Act so as to The Australian Workers’ Union calls on NSW Labor to have the ability for mandatory arbitration. develop policies on being elected to Government to properly staff all Government operations and to convert Recommendation: Support. any casual position that has been in existence for 6 months into a permanent position. 29. CONSTRUCTION FORESTRY MINING AND ENERGY UNION (NSW BRANCH) Recommendation: Support. CONSTRUCTION AND GENERAL DIVISION 24. LAMBTON NEW LAMBTON KOTARA The Building and Construction Industry Long BRANCH Service Payments Act NSW currently provides NSW construction workers with 8.67 weeks’ pay after 10 That as an employer, a future Labor Government will years of employment in the industry. NSW construction develop and embrace opportunities for vocational and workers have a lesser entitlement than most interstate tertiary education and training, including in the introduction counterparts, where five Australian States/Territories of quotas with Government Agencies and Departments for provide construction workers with a higher payment equal traineeships, cadetships, apprenticeships and other work to 13 weeks after 10 years of industry service. integrated learning activities. This conference calls on NSW Labor to bring long Recommendation: Support. service payments to NSW construction workers in line with the vast majority of Australian States/Territories by 25. WENTWORTH FEC supporting an increase of Long Service entitlements for Given the 7 Eleven case, that Franchisees be granted NSW construction workers to 13 weeks after 10 years’ access to statutory ‘unfair contracts’ remedies in relation employment in the construction industry. to the operation of franchise agreements. Recommendation: Support. Recommendation: Refer to FPLP. 30. AUSTRALIAN WORKERS’ UNION, GREATER NEW SOUTH WALES 26. LEAN The Australian Workers’ Union calls on NSW Labor NSW Labor will make climate action, renewable energy to undertake all action to amend the Fair Work Act to and sustainability central to our ambitions for jobs and remove the “majority support determination” (MSD) innovation. section and replace with the ability for workers to call for Recommendation: Support. good faith negotiations with employers for a workplace agreement. If workers in a minority want to join and be covered by a Union, they should be entitled to do so, and be acknowledged (along with the Union) in any instrument. The MSD is weighted heavily in favour of renegade employers who can prevent members exercising their democratic right to join a Union, by bullying and threatening those workers most vulnerable, at their workplace. Recommendation: Support.

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31. AUBURN LIDCOMBE UNITED BRANCH 35. LABOR FOR INNOVATION Industry Superannuation Funds That NSW Labor recognises that science and technology are driving rapid and massive social and economic shifts. Conference opposes any move by the Federal Coalition Innovation and the digital economy have the potential to Government to amend governance arrangements for create the jobs of the future and NSW Labor is committed industry superannuation funds to impose a majority of to boosting the number of high growth technology independent directors. businesses in NSW and encouraging the retention locally Workers money in superannuation funds should be of company ownership, jobs and intellectual property. managed by trustees who represent workers and who are NSW Labor also believes that these jobs of the future appointed by the legitimate representative organisations of must safeguard wages and conditions for working people. workers – trade unions. NSW Labor must take the lead in promoting an innovative We call on the Federal Labor opposition and senate cross economy whilst maintain its commitment to fair wage benchers to oppose any legislation to give effect to any growth and maintenance or improvements of employment proposal of this nature. conditions. Recommendation: Support. Recommendation: Support.

32. COMMUNITY AND PUBLIC SECTOR 36. UNITED VOICE UNION NSW Labor supports the payment of penalty rates as fair NSW Labor believes addressing the inadequate retirement compensation for working unsociable and long hours. savings of women is a major priority as the population ages. The suggestion that penalty rates do not reflect the NSW Labor believes active measures are required realities of the ‘modern economy’ is incorrect. Almost to address this inadequacy, including a paying all work is still done within normal working hours from superannuation on parental leave and specific bonus or Monday to Friday. The protection of family time in the top-up payments into women’s superannuation accounts. evenings and on weekends is still very important to the Australian people. NSW Labor will offer a 2% superannuation increase for women working with the state public services as a best Additionally, for many working people penalty rates are practise employer model and encourage other employers an essential component of their wage and cuts to penalty in NSW to do the same or consider other options to close rates would have a real impact on their ability to pay their the gender gap in retirement savings. mortgage and other bills. Recommendation: Support. NSW Labor will strongly oppose any attempts to wind back penalty rates paid to working people and will work 33. CONSTRUCTION FORESTRY MINING with the union movement to resist any arguments that AND ENERGY UNION (NSW BRANCH) penalty rates are inconsistent with the ‘modern economy’. CONSTRUCTION AND GENERAL DIVISION The modern economy should serve the community, who value family and leisure time, not the other way around. The CFMEU calls upon Labor to ensure that procurers and their contractors do not procure dumped and unfairly Recommendation: Support. subsidised product where there is an Australian industry that could supply the product. 37. LABOR FOR INNOVATION Recommendation: Support. That NSW Labor promotes the employment and entrepreneurialism of women within the technology and 34. CONSTRUCTION FORESTRY MINING digital sectors in order to expand the sector as well AND ENERGY UNION (NSW BRANCH) as deliver the economic and sociological benefits that CONSTRUCTION AND GENERAL DIVISION come from gender diversity and equality of employment opportunity. The CFMEU calls upon a future NSW Labor government to mandate the purchase of locally manufactured paper Recommendation: Support. and tissue products (for all government internal usage and external printing contracts) for all NSW government departments, statutory authorities and agencies and NSW local government authorities in recognition of the positive environmental, social and economic contribution to the industry. Recommendation: Support.

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38. SHOP, DISTRIBUTIVE & ALLIED 42. SHOP, DISTRIBUTIVE & ALLIED EMPLOYEES’ ASSOCIATION EMPLOYEES’ ASSOCIATION Labor in Government will ensure retail trading legislation Labor condemns the exploitation of 7 Eleven workers. provides retail workers are entitled to guaranteed shared Labor congratulates the media, Michael Fraser and the family and community time through the system of SDA for campaigning for a fair and equitable outcome for restricted trading days and will require shops to be kept 7 Eleven workers. closed and no work behind closed doors on Christmas Labor notes that when workers are denied a voice through Day, Boxing Day, Good Friday, Easter Sunday and before fear or ignorance of their rights then exploitation thrives. 1pm on ANZAC Day. Labor notes that the few SDA members working at 7 Recommendation: Support. Eleven were at all times paid their correct pay and penalty rates because they had a voice if they needed it. 39. AUSTRALIAN WORKERS’ UNION, Labor calls for the Federal Immigration Minister to grant GREATER NEW SOUTH WALES an amnesty to all exploited 7 Eleven workers so that they The Australian Workers’ Union calls on NSW Labor can give voice to what happened to them without fear of to develop a policy making defibrillators available in deportation. public places such as shopping centres, libraries and Recommendation: Support. sporting venues. The policy ought to include promotion, awareness, and financial support for councils and sporting clubs to purchase and maintain defibrillators. 43. SHOP, DISTRIBUTIVE & ALLIED EMPLOYEES' ASSOCIATION Recommendation: Support. Over 690,000 employees are losing over $2.6 billion a year in unpaid superannuation entitlements. 40. SHOP, DISTRIBUTIVE & ALLIED EMPLOYEES’ ASSOCIATION Labor will:

Labor recognises that penalty rates are fair pay and ■ increase penalties for employers who fail to comply compensation for those who work at unsociable times. with their obligations to pay all superannuation Penalty rates help low paid workers balance their family contributions; and budgets or help them continue with studies. ■ amend the GEERS scheme to include payments Changing penalty rates without compensation is simply a to eligible employees Superannuation fund for any cut to take home pay. unpaid superannuation contributions that their employer failed to make. Cutting the take home pay of low paid workers is bad for workers, bad for economic activity and bad for the Recommendation: Support. community. Recommendation: Support. 44. AUSTRALIAN WORKERS’ UNION, GREATER NEW SOUTH WALES 41. AUSTRALIAN WORKERS’ UNION, Dumping of foreign products in Australia is undermining GREATER NEW SOUTH WALES Australia’s working conditions. The Australian Workers’ Union (AWU) stands for fair trade and expresses its The former NSW Labor Government had weighting concerns on how some companies and nations are attributed to local manufacturers and service providers undermining World Trade Organisation free trade rules by when assessing tenders for NSW Government dumping their products on the Australian market. procurement contracts. Liberal Government procurement policy has failed to give any support to local manufacturers Labour standards should be included in any assessment as train carriages are produced overseas and vast of dumping as it is a key area of disadvantage for proportion of Barangaroo was constructed from imported Australian producers meeting internationally recognised steel. The Australian Workers’ Union calls on this best practice labour standards. It is anomalous for us to conference to compel NSW Labor to develop a workable insist on best practice standards for goods produced in Government procurement policy that gives favourable Australia while accepting goods from another country weighting to local manufacturers and service providers which has lower standards and does not attract some to effectively compete against low cost, low wage, low sort of penalty. Goods made under unacceptable labour safety standard countries. This is particular relevant for the practices must be rejected. upcoming Badgerys Creek Airport and supporting rail and This ALP Conference calls on NSW Labor to development road infrastructure that could possibly be delivered with no a NSW Government procurement policy that ensure real benefit for local manufacturers. product quality information, local training support and Recommendation: Support. workplace safety standards are taken into account when

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awarding NSW Government procurement contracts. Once 47. UNITED SERVICES UNION these standards are developed, appropriate legislation is Conference moves that we denounce and shame any to be introduced into the Parliament so as start a proper ALP Councillors that support the use of corporations public debate on Government procurement contracting. so that Council can pay members of the USU under the Recommendation: Support. Federal Award which significantly reduces their wages and conditions currently provided for by the Local Government 45. AUSTRALIAN SERVICES UNION (NSW) Award 2014. NSW Labor commits to providing better regulation of Recommendation: Support. the increasingly common practice of offering unpaid internships. Often these internships are illegal as they 48. AUSTRALIAN WORKERS’ UNION, require the intern to undertake work that would otherwise GREATER NEW SOUTH WALES be paid, often for long periods of time, are not genuine Penalty rates and shift allowances supplement workers work experience opportunities and offer no connection incomes for working anti-social and extraordinary hours. with study or proper skills development. NSW Labor will Penalty rates importance is extremely important for low work with trade unions to develop a Code of Practice income earnings, particularly casuals and labour hire for internships and ensure High Schools, Vocational employees who relying on these rates as compensation Education providers and universities provide students for losing important family time as well as a means of with education about their rights at work. NSW Labor will supplementing their low rates of pay. work with trade unions to develop appropriate avenues for young people to seek redress in relation to exploitative Importance of penalty rates is made clear particularly in internships. the rural NSW seasonal landscape. Recommendation: Support. Many positions in regional NSW are casual, worked over extraordinary hours, in extreme conditions for very low 46. AUSTRALIAN WORKERS’ UNION, rates of pay and usually for only 6-9 months of the year. GREATER NEW SOUTH WALES The Australian Workers’ Union calls upon NSW ALP to The Australian Workers’ Union (AWU) supports the campaign strongly in support of penalty rates both in public comments of NSW Labor Leader Luke Foley that parliament and publicly. a future Labor Government will reintroduce all the rights Recommendation: Support. and conditions afforded to injured workplace employees that was eliminated by the NSW Liberal Government. 49. AUSTRALIAN WORKERS’ UNION, Furthermore, The AWU and this ALP NSW Conference GREATER NEW SOUTH WALES calls upon ALP NSW Parliamentarians to firstly ensure that draft legislation is presented to NSW Parliament during this In recent years there has been an alarming increase in current term for the reintroduction of lost rights to workers deaths on Hard Rock mining sites. under Liberal changes to workers compensation laws and The Australian Workers’ Union calls on NSW Labor to secondly, through ALP Parliamentarians communication ensure that in Government and whilst in Opposition that bulletins to their constituents, that each publication has an all efforts are made to improve education, communication area devoted to injured workers. and regulation in this extremely high risk industry. Recommendation: Support. Government, Unions, Mine operators and the regulator must continue to work together to ensure all efforts are both effective and well-resourced to reach zero harm in Hard Rock mining. Unions must be seen as equal partners in delivering health and safety in the workplace and have access to employees, documentation and decision making processes when workplace incidents occur in mining sites. Recommendation: Support.

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50. CONSTRUCTION FORESTRY MINING AND ENERGY UNION (NSW BRANCH) CONSTRUCTION AND GENERAL DIVISION There is an on-going debate promulgated by conservative forces to destroy the status of industry super funds as default funds in Federal Awards. Industry super funds were fought for and won by workers and they are under attack as yet another strategy to break the power of organised labour. This conference calls on Federal Labor to reject any proposal to open up the status of default funds to any other type of funds. Industry superannuation funds have proven to be the best funds for workers in terms of their superannuation and their status as default funds should be protected. This is an important achievement and legacy of the labour movement which should be defended. Recommendation: Support.

51. CONSTRUCTION FORESTRY MINING AND ENERGY UNION (NSW BRANCH) CONSTRUCTION AND GENERAL DIVISION The CFMEU calls upon Labor to motivate discussion between industry, union and environmental stakeholders and ensure stakeholder consensus on any changes to land use tenure to ensure ongoing social, economic and environmental benefits from and sustainability of any outcome. Further Labor should support investment in timber processing and manufacturing that will create value and jobs in regional communities. Recommendation: Support.

52. UNITED SERVICES UNION Conference moves that Local Government workers who are at the forefront during severe storm events and other natural disasters should be provided all necessary support. Councils are to be provided prompt funding and reimbursement for all work undertaken by their employees during natural disaster events and state emergency declarations. Recommendation: Support.

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SOCIAL JUSTICE AND LEGAL AFFAIRS POLICY COMMITTEE REPORT

The NSW Labor Social Justice and Legal Affairs Policy Labor building a strong social justice policy platform in Committee has had an interesting and dynamic time anticipation of the next state election due in 2019. over the last six months considering at times contentious A key highlight which emerged from the consultation in policy motions and speaking to party members about the Maitland was the overwhelming concern among party importance of encouraging debate and substantive policy members regarding the prevalence of domestic violence in motions in the area of social justice and legal affairs. the Maitland region and the failure of the Baird government The Committee had the task of considering almost one to adequately address this issue which is gripping hundred social justice policy motions submitted by NSW communities across NSW. Members in attendance were Labor party units and trade unions across the state and unanimous on the need for NSW Labor to adopt a strong making recommendations on these motions in the lead domestic violence policy which is focused on supporting up to state conference. The policy areas covered by victims of domestic violence and committed to funding submissions to the committee included asylum seekers community services dedicated to assisting domestic and refugee rights, domestic violence, metadata retention violence victims. legislation, citizenship, drug law reform, same sex The Paterson FEC and Maitland SEC have extended an marriage and the NDIS. invitation to the Social Justice and Legal Affairs Policy In diligently considering each policy motion on its merits, Committee to hold a special forum on domestic violence the Committee has come to the overwhelming conclusion in Maitland in early 2016. The committee will work with that in terms of the social justice platform of the Labor the executive of the Paterson and Maitland party units Party, the issue of asylum seekers, refugee rights and to organise the forum for a date in late February or early children in detention is of continuing paramount concern March 2016. We hope to have committee members, to the party membership. Even though most of these SPLP and FPLP members in attendance as well as policy areas cover the federal policy domain and were community members working in the field of domestic addressed at the ALP National Conference in July 2015, violence support services. there is no doubt that the labour movement and party The Committee looks forward to building on the membership is unfailingly committed to compassion and momentum for action and leadership by the NSW Labor fairness in these policy areas. Similarly the consideration Party in social justice policy areas and working with the of motions relating to national security legislation including party membership, SPLP and FPLP members to build on metadata retention and citizenship law amendments also social justice policy at the state level, as this is a policy dominated the work of the Committee. area where in the Labor Party has traditionally enjoyed a The Committee acknowledges that whilst we have strong record of commitment and delivery. recommended to Conference that motions in these policy areas be referred to the position adopted by the ALP at National Conference, we pay gratitude to the party members who proposed, debated and submitted motions on asylum seekers, refugee rights and children in detention for our consideration and assure them that this is a policy area where Labor will always be motivated by compassion, fairness and justice. The Committee also considered motions in support of, and against, same sex marriage. Whilst this matter was addressed at the ALP National Conference in July 2015, the Committee acknowledged the importance of adequate religious exemptions to some party units. As part of the work of the Social Justice and Legal Affairs Policy Committee, the Committee held a consultation with members of the Paterson FEC and Maitland SEC in Maitland on Saturday 14 November 2015. The consultation provided the Committee an opportunity to discuss with party members the importance of NSW

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PLATFORM AMENDMENTS To read: 2.23 NSW Labor believes HACC services must be 1. ENMORE BRANCH planned and: Conference calls upon the NSW ALP to include animal ■ Be affordable for users. welfare in the 2016 State Policy. Conference urges the ■ Be culturally accessible and appropriate, and state party to adopt the animal welfare principles and respectful of diversity. values that are presently included in Chapter 9 (p. 151) ■ Safeguard the rights of users. of Labor’s National Platform. Conference commends ■ Have complaints mechanisms for users. Luke Foley for the animal welfare policy that Labor took to the last election, and urges Penny Sharpe MLC, ■ Have advocacy services for users. Shadow Minister for the Environment, and Mick Veitch ■ Be delivered by a workforce with a quality training MLC, Shadow Minister for Primary Industries, to take the framework, standards of pay and conditions and initiative and ensure the inclusion of animal welfare in the secure employment. state policy. Recommendation: Support. Recommendation: Support. 4. KINGS CROSS BRANCH 2. KATOOMBA BRANCH In Chapter 2, under the heading Promoting Civil Liberties, The Conference condemns the Baird Government for after para 2.55, add new para (and renumber accordingly): decimating the women's refuge network across NSW, by Recognising the ongoing inequality of LGBTI people in cutting the funding of women's refuges, in its changes to NSW, Labor will appoint a parliamentary spokesperson the funding of Specialist Homeless Services, referred to as for LGBTI issues/equality. In Government, NSW Labor the ‘Going Home Staying Home’ reforms. will also appoint LGBTI ministerial advisory committees The Baird Government is falsely attempting to present in the Justice/Attorney-General, Health and Education itself as a champion of the campaign against domestic portfolios. Together with the parliamentary spokesperson, violence, whilst implementing cuts to women's refuges, these committees, drawn from the community, will have which provide women and children with a safe place to responsibility for helping to recommend policies to help flee domestic violence. address homophobia, biphobia, transphobia and intersex- phobia in NSW. That the Conference calls on NSW Labor to strengthen its policy platform on the funding of domestic violence Recommendation: Reject. services to include the re-establishment of specialist feminist domestic violence refuges for women and 6. KINGS CROSS BRANCH children. In Chapter 2, under the heading Promoting Civil Liberties, Recommendation: Support. after para 2.55 add new para (and renumber accordingly): NSW Labor supports State Parliament making a formal 3. UNITED VOICE apology to all people adversely affected by Government At 2.14 dot point 2, replace the word “acceptable” with and Police actions surrounding the 1978 Sydney Mardi the word “quality”, to read: Gras Parade and subsequent protests. 2.14 NSW Labor believes that services for people with Recommendation: Support in principle. disabilities should: Refer to Shadow Attorney General ■ Have as their focus the achievement of positive outcomes. 7. KINGS CROSS BRANCH

■ Be accredited to ensure that service providers meet In Chapter 2, under the heading Promoting Civil Liberties, quality standards of care. delete paragraph 2.48 and add new paragraph: Recommendation: Support. NSW Labor supports the comprehensive review of the NSW Anti-Discrimination Act to ensure that anti- 5. UNITED VOICE discrimination laws continue to reflect a commitment to eliminate discrimination on the grounds of sex, At 2.23, add dot point at the end with the words “Be race, marital status, colour, disability, language, delivered by a workforce with a quality training framework, sexual orientation, gender identity, intersex status, standards of pay and conditions and secure employment.” age, pregnancy, status, creed or politics wherever it is practiced. Recommendation: Note.

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AGENDA ITEMS 4. MAITLAND EAST BRANCH Conference condemns the Government’s position on 1. AUBURN LIDCOMBE UNITED BRANCH Metadata retention, and asks state and national conferences that the ALP position be that no Metadata is retained by any Board Appointments agency , ISP or otherwise due to the privacy implications Conference calls on a future State Labor Government and other unresolved issues surrounding the proposal. to reform the process for making appointments to Recommendation: government boards to increase transparency and to Refer to National Conference ensure appointments are made solely on the basis of merit. A reformed process should involve mandatory 5. RICHMOND VALLEY BRANCH parliamentary endorsement through an appropriate oversight committee for all appointments that involve That the ALP adopt a moral and humane policy relating to pecuniary benefits for any appointee. asylum seekers and cease support for the inhumane and illegal off shore processing of asylum seekers. Recommendation: Support in Principle. Recommendation: 2. LAMBTON NEW LAMBTON KOTARA Refer to National Conference. BRANCH 6. BALLINA BRANCH Conference notes the difficulty a wheelchair bound person has travelling on NSW trains and in particular between Conference supports retrospective legislation to broaden Newcastle and Sydney. We therefore request a Labor the Independent Commission Against Corruption (ICAC) transport policy that includes a dedicated wheelchair powers to ensure that the definition of "corrupt conduct" accessible carriage be available at a minimum of every includes conduct engaged in by a person who attempts to second train. The carriage must have safe places to deceive an innocent public official and in addition ensure anchor the wheelchairs in the carriage and include that ICAC has the power to investigate such conduct. hydraulic ramps to and from the carriage to the platform Recommendation: Support. manufacture in Australia. Recommendation: Support in principle. 7. WOY WOY BRANCH and refer to SPLP. Conference believes that Australia should apply a more humane policy in the treatment of refugees. In particular, 3. MAITLAND EAST BRANCH Conference supports: In view of the recent Human Rights Commission and the 1. Closure of Manus island detention centres Moss report into the destructive impact upon children 2. Stop off-shore processing of asylum seekers and of the offshore asylum seeker detention policy, and the 3. Stop detention of children findings of overwhelming failure of both Coalition and Labor Party policy, Conference requests that at a National 4. A regional solution that expedites the processing Conference level and the Shadow Minister, develop a new and resettlement of refugees asylum seeker policy which will express a return to our Recommendation: core Labor values, in place of the current damaging and Refer to National Conference. inhumane policy, which has resulted in diagnosed long term physical and mental health illnesses, as outlined in 8. AUSTRALIAN WORKERS’ UNION, both those and other medical staff reports. Failure to do GREATER NEW SOUTH WALES so will perpetuate the emptiness and irrelevance contained Real life stories have emerged from returned servicemen in the words of our National Anthem and the failure in our and women who have participated in conflicts from duty of care as required of us by International Law. Vietnam through to modern conflicts of the Middle- Recommendation: East including Afghanistan & Iraq, where defence force Refer to National Conference. personnel have been put on the scrapheap of society, on their return home. Homelessness and suicide are unacceptably high amongst these good Australians. The Australian Workers’ Union calls on NSW Labor to do more for these returned service men and women in supporting their return to general society as well as employability through preference employment provisions and additional health support. These servicemen and women should never feel left abandoned by their country. Recommendation: Support.

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9. PATERSON FEC 14. SHORTLAND DAY BRANCH Conference condemns the Government’s position on That only original 'Conventional/Orthodox MARRIAGE' metadata retention, and that this branch submits to (Male/Female) continue to be afforded that Title. the State and National Conferences, through the FEC Recommendation: Reject. and SEC, that the ALP position be that no metadata be retained by any agency, ISP or otherwise, due to 15. LAKEMBA BRANCH the privacy implications and other unresolved issues surrounding the proposal. Funding cuts on disability pension should not take place. More funding should be allocated in this field as reduction Recommendation: of funding in the disability pension will result disabled Refer to National Conference. people to a miserable life.

11. FORSTER TUNCURRY BRANCH Recommendation: Refer to FPLP. Conference supports a change in ALP policy compatible with policy objectives as follows: 16. KINGS CROSS BRANCH 1. All asylum seekers to be treated with compassion, The Conference notes that juvenile incarceration rates justice and in accordance with Australia's are rapidly increasing. Between September 2014 and international obligations. March 2015, the number of young people in custody rose 2. The right of all asylum seekers to have their status by nearly a quarter, with those on remand increasing by as refugees assessed on Australian soil, under the more than 70 per cent over this period. Over the same Australian legal system. period, remand periods lengthened substantially. Young 3. Asylum seekers to be accommodated in Indigenous people are heavily affected by these trends, government run and urban-based reception centres. with even short spells in custody bestowing lifelong When a formal application for refugee status has consequences. been made and security, health and identity checks We call on NSW Labor to urgently adopt a policy to are complete, asylum seekers are free to move reduce the number of young people in juvenile detention. out of reception centres and to stay in supportive Such a policy should include a range of measures, communities. The time in detention not to exceed 30 including: days without judicial review and the right of appeal. ■ justice reinvestment strategies Recommendation: Refer to National Conference. ■ diversionary programs

■ the extension of pilot programs operated by NSW 12. ROOTY HILL BRANCH Juvenile Justice such as the Bail Assistance Line Conference condemns the Federal Government's lack of transparency in relation to matters not of a National ■ efforts to improve police bail procedures, and Security issue, such as the Trans - Pacific Partnership ■ law reform, especially of the Bail Act 2013. Agreement, the actions against refugees and Doctors Recommendation: Support. reporting abuse in detention centres. Refer to Shadow Attorney General. Recommendation: Superseded by National Conference. 17. KURING-GAI BRANCH Conference calls on the Australian Labor Party to 13. GWANDALAN SUMMERLAND POINT advocate the lowering of the voting age to 17 (and that BRANCH voting remain compulsory) and to enact this reform when Conference is concerned that current legislation and in government. the law allows a person who is charged with crime or Recommendation: Support in Principle. corruption to transfer their assets and declare themselves Refer to FPLP. bankrupt. Conference calls on the Labor Party to seek to amend the current legislation and law to prevent the transfer of assets of persons charged with crime or corruption and declaring themselves bankrupt to avoid court orders, upon conviction, that they are required to repay money or assets that have been illegally obtained. Recommendation: Note and Refer to Shadow Attorney General.

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18. KINGS CROSS BRANCH 22. ROOTY HILL BRANCH The Conference branch urges NSW Labor to adopt a Conference calls on the next State Labor Government policy establishing an independent civilian oversight body to implement stronger legislation to combat domestic charged with: violence and increase funding for shelters and protection of victims and their families. For example, Police should be i. investigating all incidents involving the death or required to act on electronic communication threats with serious injury of a person resulting from a police sterner penalties for perpetrators. operation, and Recommendation: Support. ii. making recommendations as to appropriate The Committee notes the great work done by the disciplinary action where warranted NSW Parliamentary Labor Party on this matter. Conference notes that the NSW Government review of police oversight being undertaken by Andrew Tink is not 23. ANNANDALE BRANCH commissioned to consider whether such a body should That NSW set up a drug diversion program for all illicit be established. drugs. Recommendation: Reject. That police in New South Wales (NSW) are given discretionary powers to divert cases of illicit drug 19. LAKEMBA BRANCH possession or use to the drug diversion program or issue Lakemba Branch has withdrawn motion. a caution notice for all use and possession offences regarding illicit drugs within the threshold of personal use. 20. MILTON ULLADULLA BRANCH That there is a cross-jurisdictional evaluation of the Conference calls on all political parties' eligibility for program after two years to improve the diversion referral public funding to be contingent on that party's rules and process, cost-effectiveness of the program and reduce the decisions being justiciable (i.e. capable of being decided possibility of net widening. by a Court); Recommendation: And that the donations disclosure threshold to be reduced Refer to the Shadow Attorney-General. from its current level of $12,800 to $1,000 and indexation removed 24. ANNANDALE BRANCH ■ Donations from foreign and anonymous donors to That a scientific review into the extent to which drugs be banned - both prescription and illicits - can impair driving is conducted, and that threshold levels relative to these ■ Donation splitting across branches, divisions or units impairment levels are instituted as a component of our of parties to be limited drug driving laws. ■ Disclosure of donations to be fast and regular Recommendation: Reject. ■ Breaches of electoral law to be an offence attracting significant penalties 25. BALLINA BRANCH Recommendation: Conference supports retrospective legislation to broaden Refer to SPLP. the Independent Commission Against Corruption (ICAC) powers to ensure that the definition of "corrupt conduct" 21. HINCHINBROOK BRANCH includes conduct engaged in by a person who attempts to Conference calls upon the Labor Party to adopt a policy deceive an innocent public official and in addition ensure position that any Australian military involvement overseas that ICAC has the power to investigate such conduct must be the subject of a full parliamentary debate and Recommendation: Support. approval. Recommendation: 26. ADAMSTOWN BRANCH Refer to Federal Party. Conference believes that on-line gambling is proliferating to the extent of posing a severe risk to persons with a gambling difficulty with consequent distress to themselves and members of their families. Conference calls for initiatives to restrict the advertising of on-line gambling or otherwise inhibit it. Recommendation: Support in Principle.

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27. ADAMSTOWN BRANCH Conference is of the view that this proposal: Conference notes that a Hunter second-hand car dealer ■ is a kneejerk reaction which does not follow the was recently convicted of altering the odometers on proper policy development process

vehicles that his company was selling. Conference would ■ is a breach of civil liberties like to suggest that the odometer reading recorded when ■ contravenes the separation of powers if the a vehicle is registered be made available on-line to the Executive has the power to make these orders public as a protection against such fraud. ■ displays a total lack of transparency. Recommendation: Refer to Shadow Minister for Fair Trading We question the effectiveness of such a law in making the for consideration. community any safer and firmly believe that any control orders should follow the usual judicial process. 28. ADAMSTOWN BRANCH / NEWCASTLE Recommendation: Support. FEC Conference calls for a review of arrangements covering 33. TUMBI UMBI BRANCH the provision of insurance for volunteers to obviate elderly Conference condemns, in the strongest possible terms, volunteers being forced to cease their activities because elements within the Border Force Act 2015 that seek to insurance companies refuse to cover them. There has gag whistle-blowers by threatening Australian workers been publicity given to such cases in the Hunter and within Australian run detention centres (including, but different companies apply different rules. not limited to, nurses, doctors, social workers, teachers, security guards and psychologists) with criminal charges Conference notes that the Tasmanian Anti-Discrimination and two years’ imprisonment for revealing details of abuse Commissioner recommended changes to the regulatory and neglect that occur within these centres. regime at the Federal level to remove such discrimination. Recommendation: Conference believes that volunteers, including the elderly, Refer to FPLP. provide a significant economic benefit to the community and individual volunteers derive a benefit from their 34. LAMBTON NEW LAMBTON KOTARA activities which helps maintain their wellbeing. BRANCH Recommendation: Support in Principle. Given the exposure and extent of animal cruelty in the live animal export trade, it must be Labor policy to ban 29. ALEXANDRIA BRANCH live exports. Conference understands that the live animal That the NSW ALP Annual Conference does endorse and export trade will have to be phased out, therefore in the support Bill Shorten's call for a Federal ICAC. interim it must be contractual and policy that CCTV is Recommendation: installed in every offshore slaughterhouse. Note and refer to FPLP. Abattoirs must be created to cater for the export trade by taking the animals previously destined for the export and 30. HEFFRON SEC creating employment for Australians. It shall be NSW ALP Policy to end the practice in NSW Recommendation: Local Courts of preferentially hearing cases where the Refer to National Policy Platform. participants have legal representation ahead of those without such legal representation. 35. NEWCASTLE FEC Recommendation: That the NSW State Conference adopts a position firmly against a plebiscite or a referendum on the issue of 31. ALEXANDRIA BRANCH marriage equality, and request that Federal Labor do the As a matter of urgency, the ALP is to develop an alternate same. integrated transport plan for Sydney. These methods, which have recently been advocated Recommendation: by some members of the Federal Coalition, are designed Support and refer to SPLP. to impede efforts to achieve legislative change. A plebiscite or referendum would be extremely expensive 32. TUMBI UMBI BRANCH and complicated to implement. A government that is That Conference expresses serious reservations about the truly committed to curbing wasteful spending would not Attorney General’s proposed control orders which have commit to such methods without a secondary motive. the power to detain youths as young as 14 for up to 28 As a progressive party concerned with the welfare of days without charge. all, we also cannot anticipate the impact of an intensely

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negative campaign, or a defeat of the issue at a public 40. SOUTHERN HIGHLANDS BRANCH vote on the mental health and wellbeing of GLBTI Conference believes that a concerted effort by Australian Australians and their families. Perhaps most importantly, a governments to combat domestic violence is needed. The plebiscite or referendum is entirely unnecessary; a simple toll in terms of death, injury and emotional damage, along Act of Parliament is sufficient to achieve legislative change. with consequent economic loss, is unacceptable and on a Recommendation: scale warranting the highest priority. Refer to National Conference. We call for a bi-partisan approach that enables strategies and programs to continue through changes 36. NEWCASTLE FEC of governments and we ask for leadership that enables The Conference raises concerns regarding the co-ordination between all levels of government and with Government's proposal to strip Australian citizenship non-government organisations working in this space. from people accused of committing terroristic acts. There is a pressing need for suitable women's refuges to Labor should not support this happening at the Minister's be funded adequately and for them to exclusively serve discretion. Citizenship is an inherent right and cannot be female victims of domestic violence and their children. taken away at the discretion of another citizen. Being rendered Stateless is a separate issue. The Government We ask that policing resources be made adequate to should consult with the community to determine the properly enforce apprehended violence orders, and that all crimes against Australia that could result in the loss of Courts, whether State or Commonwealth, be adequately citizenship. These are different to crimes that can be funded to enable them to promptly and effectively deal punished by jail terms. A person should be convicted of with issues relating to domestic violence. these crimes in a Federal Court based on evidence before Conference also asks that education and awareness citizenship is lost. programs relating to domestic violence be as effective as Recommendation: is possible. Domestic violence is committed in Australia Refer to FPLP. by all cultures, including migrants and aborigines; so the provision of information, awareness and education in 37. NEWTOWN SEC multiple languages and delivery mechanisms is needed. Conference opposes the introduction of mandatory Therefore, Conference requests that an item covering sentencing. It supports the concept of judicial discretion Domestic Violence be placed on the agenda for the and opposes the concept of a law and order auction as State Conference next year, to enable these matters be part of our future policy debate. debated. Recommendation: Support. Recommendation: Support. Refer final paragraph to Conference Agenda 38. NEWTOWN SEC Committee. Conference congratulates the Victorian Labor Government for introducing funding for boarding of domestic animals 41. KATOOMBA BRANCH in cases of domestic violence, as we recognise that this The Conference endorses NSW Labor's 2015 Election is an important factor in the ability for victims of violence Policy that commits to establishing long term funding to leave the abusive situation. We call upon the NSW contracts with existing community services. Opposition to adopt a similar policy. This Conference calls on NSW Labor to abandon Recommendation: Support in principle. competitive tendering of existing and new funding programs and consolidate funding streams with existing 39. NEWTOWN SEC community-based organisations. Conference moves that at a time when public support for Recommendation: marriage equality is at an all-time high, NSW Labor has Support the first paragraph. already passed a motion supporting same sex marriage, Refer to position of SPLP for second paragraph. and the people of NSW are looking for a credible progressive alternative to vote for at the upcoming election 42. CESSNOCK BRANCH we find it surprising for the leader of our great party to not support fairness and equality on this issue and would Conference urges the State Parliamentary Labor Party to welcome his further consideration. lift sentencing for crimes of violence towards women and to review the sentencing of such crimes and the length of Recommendation: sentence fits the crime. Superseded by National Conference. Recommendation: Refer to Shadow Attorney General.

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43. CESSNOCK BRANCH 48. WENTWORTH FEC Conference calls on the State Parliamentary Labor Party That Conference condemns the passage with Labor's to support the fight against the closure of women and girl support, of the creation of the Australian Border Force. specific refuges in NSW following the release of the ‘Going We call on any future Labor Government to disband the Home Staying Home’ reform. Australian Border Force, return personnel to their former duties in the Australian Customs and Border Protection Recommendation: Support. Service and Department of Immigration and distribute any law enforcement powers to the Australian Federal Police 44. CESSNOCK BRANCH who are subject to judicial oversight and the rule of law. Conference calls on the State Parliamentary Labor Party to The Australian Border Force is a direct threat to open vigorously oppose the NSW Government’s $1 billion plan democracy, separation of powers and the rule of law in to overhaul Sydney’s sports stadiums as it flies in the face Australia and should not be tolerated. of the social needs of the people of NSW. Recommendation: Refer to FPLP. Recommendation: Support in principle and refer to SPLP. 49. WENTWORTH FEC That Conference calls on the Federal Parliamentary 45. CESSNOCK BRANCH Labor Party to oppose the proposed laws allowing for Conference requests that the Tom Jones song ‘Delilah’ be the stripping away of Australian citizenship from existing removed from public broadcasting due to its reference to and potential dual nationals without the need for initial domestic violence. judicial process. These laws in their current form are Recommendation: Reject. discriminatory and will allow the Immigration Minister to arbitrarily determine whether or not an existing or potential 46. AUBURN-LIDCOMBE UNITED BRANCH dual national has engaged in conduct which would involve loss of citizenship. In particular, Conference is opposed to This Conference believes that the rule of law and key the automatic revocation of citizenship and the deemed conventions such as habeas corpus are fundamental to revocation of citizenship upon events occurring together the maintenance of a fair, just and prosperous society. with the additional difficulty of having a court overturn a Persons who commit a crime should be subject to trial ministerial decision to revoke. and judgement through an independent court. Recommendation: Refer to FPLP. This Branch believes that no state should cancel the citizenship of any of its citizens. Every person has the right 50. WENTWORTH FEC / SUMMER HILL to citizenship and no person should be rendered stateless. BRANCH Governments should deal with citizens who breach their That the Conference is opposed to the Maintaining laws according to law. the Good Order of Immigration Detention Facilities Bill We call on the Federal Labor party to take a principled 2015 and calls on the Federal Parliamentary Labor position in relation the current debate on the proposals Party to oppose it in all of its forms. This Bill could only around empowering the Minister for Immigration to cancel be necessary to justify the type of abuse of power and the citizenship of persons. excesses, that have been seen in recent times in Manus and Nauru and could only encourage such behaviour. Recommendation: Refer to FPLP This Conference is deeply concerned that legislation 47. WENTWORTH FEC such as this, will inevitably lead to an exacerbation of the That Conference calls on the Federal Parliamentary Labor institutional abuse which is now being identified in the Royal Party to oppose any legislation concerning the removal Commission into Institutional Abuse of Children and the of citizenship without prior judicial approval and secondly, Labor Parliamentary Party should stand against the Bill. that it demands FPLP leader Bill Shorten does what he Recommendation: Refer to FPLP. can to stop the changes. We call on the leader to support core Labor values and in doing so, to publicly campaign 51. EDEN MONARO FEC against such a change. Disclosure of external donations of $5,000 and above to Recommendation: Refer to FPLP. be immediately entered on registers conducted by the State and Federal Electoral Commissions and open to public scrutiny via each Commission’s website. Recommendation: Note and refer to SPLP.

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52. EDEN MONARO FEC 54. EDEN MONARO FEC Breaches of Federal and State electoral laws to be an Electoral Funding offence attracting significant penalties. All political parties’ eligibility for public funding to be Recommendation: contingent on that party’s rules and decisions being Note and refer to SPLP. justiciable. Recommendation: Support. 53. EDEN MONARO FEC The Conference urges the FPLP to adopt a policy that 55. BONDI BEACH BRANCH / allows for full scrutiny and accountability of the operations WENTWORTH FEC of immigration detention centres, including those operated Conference calls on the next Federal Labor Government on behalf of the Australian people at Nauru and Manus to: Island and any other country in the future. Such a policy will include, but not be limited to: 1. Increase Australia’s humanitarian intake to 30,000.

■ Removal of any and all penalties applicable to 2. Close off-shore processing centres in Manus, Nauru doctors, teachers and other professionals for and Christmas Island and transfer all detainees to reporting abuse in immigration detention centres and Australia for on-shore processing. in particular those related to child abuse; 3. End indefinite detention and implement a 30 day ■ Full and frank disclosure of the financial costs to processing rule to be included in the Immigration Act taxpayers of operating each of our immigration (Cth). detention centres and the cost of associated 4. Ensure no children are kept in detention. Rather, operations, separate and in addition to, those they will be placed into community-run reception published as part of the budget; centres together with their families. ■ Allow for an NGO, like the Red Cross, UNHCR 5. Provide legal aid for asylum seekers. and/or the Human Rights Commission, to conduct regular inspections of immigration detention 6. Abolish Temporary Protection Visas. centres to ensure human rights standards, to 7. Increase funding for the UNHCR. which the Australian Government is a signatory, are 8. Have mandatory reporting of abuse in detention. maintained. The inspecting authority will be required to submit an annual report to government, which will 9. Create independent bodies to: become a public document; a. Advocate for asylum seeker children, with the

■ Adopt a policy of openness with the media, similar capacity to bring legal action on their behalf to those currently in use by State Government b. Provide oversight of detention centres correctional facilities; and, c. Establish an independent commission to ■ That Government table an annual report in the inform the public on the facts on refugees and House of Representatives within 3 months of asylum seekers receiving the NGO annual report. That report will 10. Ensure that the provisions of the UN Refugee include and address issues raised by the NGO Convention and UN human rights instruments, annual report, incorporate full financial disclosure to which Australia is signatory, are included in and include, but not be limited to, other issues Australian asylum seeker and refugee domestic law outlined above. and policy. While the Australian Government continues to operate 11. To achieve the cooperation required to reach immigration detention centres as part of its immigration sustainable regional processing arrangements, reject policy, the Conference urges to the FPLP to adopt policies policies which turn away asylum-seeker boats. and practices that ensure the highest possible standards 12. Engage with Australia’s neighbours to seek humane of transparency and accountability are applied so that and effective solutions to the movement of asylum the Australian People can be confident the Australian seekers through the region. This approach will Government complies with human rights standards to which include multilateral engagement, particularly through it is a signatory. Conference recognises that transparency, the Bali process. scrutiny and accountability is essential both for the benefit of the Australian people and for those under the Government’s 13. Maintain levels of foreign aid sufficient to address the care and protection within our immigration detention facilities. root causes, improve conditions and the rule of law in the places from which people are escaping. Recommendation: Refer to National Conference Policy. Recommendation: Refer to National Conference Policy

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56. AUSTRALIAN SERVICES UNION ■ Measures to minimise the spread of casual and NSW Labor recognises that much needs to be done to insecure work in the disability sector support victims of domestic violence and in particular ■ The development of best practice standards and women and children leaving domestic and family violence. accreditation of supports in consultation with stakeholders so that quality controls and safeguards NSW Labor supports a national framework for action by can be established, maintained and properly funded. federal, state and territory governments to reduce violence against women and their children. In particular NSW Labor NSW Labor also supports the critical role advocacy supports a new national funding stream of additional plays in providing support to people with disability and funds to fill current service gaps across jurisdictions in safeguarding people with disability from abuse, neglect the provision of specialist women-led women’s services and exploitation. NSW Labor is committed to supporting across Australia so a holistic approach is taken to the role of independent disability advocacy services. supporting women and their needs to leave and when Recommendation: Support. leaving domestic violence. This will also serve to promote greater sustainability and ongoing security for women’s 59. UNITED VOICE services, like women’s refuges, in NSW. Quality standards in Ageing and Disability Care NSW Labor supports paid domestic violence leave as a NSW Labor reaffirms its commitment to high quality aged universal right for all workers to form part of the National and disability care delivered by a professionally trained and Employment Standards dedicated workforce who have secure and predictable Recommendation: Support. jobs with decent pay and conditions. NSW Labor recognises the need to develop and 57. UNITED SERVICES UNION implement a comprehensive aged and disability care The United Services Union condemns the NSW State workforce strategy to fulfil the needs of the rapidly growing Government for its attacks on women’s refuges over demand for services. the past four years, under the state governments plans, funding has been severely stripped forcing the closure NSW Labor is committed to the development and of many refuges that provide protection and support to improvement of a quality framework for training and care women and children affected by the scourge of family provision in aged and disability care as well as standards violence. The United Services Union calls on the State for care workers’ pay and conditions. Labor Opposition to commit to re-establishing appropriate Recommendation: Support. funding models and facilities for women and children affected by family violence when returned to government. 60. UNITED VOICE Recommendation: Support. Residential Tenancy is increasingly on the rise. Today more Refer to SPLP. than 30% of people live in rental housing, and over a third have done so for ten years or more. With increasingly 58. AUSTRALIAN SERVICES UNION high cost of living, and cost of housing, it is vital that NSW NSW Labor supports a fully-funded National Disability Labor makes stable and fair rental housing a priority. Insurance Scheme that provides the support required In 2010 the Residential Tenancies Act 2010 was created, for people with a disability while also maintaining every five years this Act is required to be reviewed, and a and enhancing remuneration, job security and career report will be tabled to Parliament before June 17th 2016. development opportunities for the disability sector workforce. NSW Labor recognises that retaining and NSW Labor, in opposition and in government, should seek attracting a qualified and experienced disability sector to balance the rights of tenants with the rights of owners, workforce in NSW will ensure quality services and genuine as well as ensure the rights of tenants and liveability of choice and control for people with a disability. rental housing is prioritised. NSW Labor supports: NSW Labor believes tenants should be able to make informed choices about where they will live and for how ■ enhancing skill levels, skill recognition and continuing long. professional development of the disability sector workforce and that there is access to quality and NSW Labor should act to remove termination without relevant training provided by TAFE grounds and instead provide an expanded list of grounds

■ ensuring employment standards are protected and for termination, and to reduce retaliatory termination. maintained through the National Disability Insurance NSW Labor should work to require greater disclosure by Scheme funding mechanisms so NDIS pricing landlords about the provision of and recurring charges for reflects the true cost of required staffing supports for utilities. people with a disability

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NSW Labor should act to increase the responsibilities 64. ENMORE BRANCH and obligations for landlords to provide maintenance of That Conference urges the federal parliamentary party to properties, as well as liveable and sustainable housing. oppose the proposed cut of 20% to the Aboriginal Legal NSW Labor should act to reduce the incidences of Service across Australia in the forthcoming federal budget. retaliatory rent increases, particularly as a de facto means The Conference further urges the federal parliamentarians to end tenancy or in retaliation to issues being raised in the to expose the hypocrisy of the funding cut in the face tribunal or maintenance requirements. of the widely-expressed wish to “close the gap”. At the same time, the federal parliamentarians can also point out Recommendation: that the ALS is already under-resourced and, in fact, the Note and Refer to SPLP. proposed $13 million saving will be lost as more Aboriginal people are caught elsewhere in the criminal justice system 61. GLEBE BRANCH if the ALS budget is cut. On the evidence of many doctors, including 2010 Recommendation: Australian of the Year, Professor Patrick McGorry AO, Refer to FPLP. that children’s mental health is deteriorating in offshore detention centres, it is imperative that minors be removed 65. ERMINGTON BRANCH and brought to the mainland to receive educational and therapeutic care. Conference calls on the Federal Parliamentary Labor Party to immediately take some leadership on the abuse Recommendation: of children in detention. It is essential that mandatory Refer to National Conference Policy. reporting be in place in all Australian detention centres including offshore detention centres. 62. ENMORE BRANCH Recommendation: That the Conference supports the concerns of the Refer to National Conference and FPLP. Member for Grayndler, Anthony Albanese, regarding the draconian nature of the National Security legislation. The 66. BYRON BAY BRANCH former National Security Adviser, Bret Walker SC, has stated that enough laws are already in place to deal with Around 28,000 people are estimated to be homeless the national security issues posed by extremists in our across NSW. community. The new legislation is simply overreach and an The Baird Government's Going Home Staying attack on the civil liberties of Australians. Home reforms caused significant upheaval amongst As former WA Premier, Geoff Gallop, observed, the homelessness service providers. Many specialist services Liberals have form on these matters. Labor should be such as women's refuges and services for Aboriginal extremely wary of jumping into bed with the Coalition for people have been forcibly closed due to the changes. A fear of being spooked. It gives the Party the opportunity significant gap has emerged in the provision of accessible to expose the Liberals as the Party of suppression and and appropriate homelessness services for vulnerable restrictions on freedoms, something for which they have a groups. long and dishonourable history, contrary to the image that Conference calls on a future NSW Labor Government to: they have been trying to project quite recently. ■ Allocate additional funding to support emerging Labor needs to commit to a review of this legislation with a gaps created by the reforms such as for young view to restoring the democratic rights of Australians and people, women and children, Aboriginal and Torres placing restrictions and oversights on the ability of security Strait Islander people and other vulnerable groups. agencies to trample on our democratic rights. ■ Implement prevention and early intervention Recommendation: initiatives to ensure less people become homeless in Refer to FPLP and National Conference. the future. ■ Provide holistic and multidisciplinary support to 63. ENMORE BRANCH people who are homeless by addressing the reasons That the Conference branch strongly request the as well as the causes of homelessness; such as Parliamentary Labor Party to note the Human rights for example ensuring collaborative approaches and commission inquiry into children in detention and commit cross-agency case conferencing is implemented to supporting and addressing its recommendations. by the relevant government agencies and non- government organisations in the areas of domestic Recommendation: and family violence and mental health. Note and refer to FPLP. ■ Provide additional investment in social and affordable housing.

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■ Provide certainty to homelessness services by 69. UNITED SERVICES UNION providing six-year funding agreement terms. Conference calls upon a NSW Labor Government, Recommendation: Support in principle upon election, to take immediate steps to ensure and refer to SPLP Property Developers and Real Estate agents are banned from running in Local Government elections. Labor in 67. UNITED SERVICES UNION Opposition will not endorse any Property Developers and/or real Estate Agents to run as Local Government The United Services Union calls on State Labor to develop Councillors. a funding and infrastructure plan to address the lack of facilities for the homeless in our society, the current state Recommendation: Support. government has failed to address this scourge in society and have adopted an ‘out of sight, out of mind’ policy that 70. ERMINGTON BRANCH is cruel and debilitating for those most vulnerable in our Conference calls for an immediate end to the immigration society. detention of children in Australian detention centres Homelessness effects tens of thousands of people in including offshore detention centres. NSW and, indeed, across Australia, they come from all Recommendation: walks of life. The Labor movement is the only movement Refer to National Conference. that has the compassion and commitment to address their needs of a hand up. 71. ERMINGTON BRANCH Recommendation: Support. Conference applauds Bill Shorten’s leadership on putting forward a private member’s bill on same sex marriage. 68. BYRON BAY BRANCH Recommendation: Support. Conference condemns the inhumane, degrading and secretive asylum seeker policies of the Abbott 72. ERMINGTON BRANCH Government. Conference does not support stripping Australian The revelations that people smugglers have been paid citizenship from sole Australian citizens and where directly by the Government to turn boat back is likely a citizenship may be revoked, the circumstances should be breach of international law and makes Australia part of the limited to the most extreme acts against the state. people smuggling business. Recommendation: The ongoing drip feed of information from the offshore Refer to position of FPLP. processing centres on Nauru and Manus Island has revealed cases of child abuse, sexual abuse and other 73. DOUBLE BAY BELLEVUE HILL BRANCH serious human rights contraventions. There is no Conference calls on the parliamentary Labor Party to justification for keeping these centres open, no matter the rescind the 2015 amendments to the Telecommunications oversight. (Interception and Access) Act 1979 which mandates data Conference congratulates the recent decision by ALP retention for a period of two years. These amendments National Conference that an ALP government would should be opposed for the following reasons: increase the annual refugee intake and increase funding to ■ the Act was amended with little debate in spite of the UNHCR. the acquiescence of the parliamentary Labor Party, Conference, however, condemns the decision to maintain ■ the Act was amended to mandate data retention for the offshore processing centres. two years and did not include a sunset clause. These are pits of human right abuse and must be closed. Recommendation: We are disappointed in the decision to maintain the option Refer to FPLP. of turning back boats of people seeking asylum. 74. UNITED VOICE Furthermore, we call on the Federal Parliamentary Labor Party and our local representative to actively work to NSW Labor condemns the policy of the Federal change this policy. Government to deport citizens of foreign countries who are resident in Australia when they are convicted of Conference supports the recent decision for Byron Shire minor or non-violent offences. NSW Labor is particularly to declare itself a refugee welcome zone. concerned about the mass deportations of New Zealand Recommendation: nationals’ resident and working in Australia and with Refer to National Conference. significant personal and family ties to our country. NSW Labor calls on Federal Labor to consider revising policies requiring automatic deportation of foreign nations

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resident in Australia for minor or non-violent offences. We 77. AUSTRALIAN SERVICES UNION particularly call on attention being given to the deportation NSW Labor supports strong gun laws: of New Zealand citizens with an effort made to reduce the number of people being deported across the Tasman. 1. NSW Labor supports strong Gun control laws in Australia and is committed to ensuring NSW has the Recommendation: highest standards when it comes to gun licencing Refer to FPLP. and the sale of guns.

75. AUSTRALIAN SERVICES UNION 2. NSW Labor is committed to ensuring that the laws in NSW keep pace with new guns on the market to NSW Labor deplores the extremist and hateful ideology ensure they are properly regulated. of the Islamic State terrorist network, which is causing untold harm to people across Syria and Northern Iraq. 3. In Government, we commit to reviewing the In particular, we are concerned about the treatment of approved list of firearms for sale in NSW and how women and GLBTI people by IS extremists. Women and they are categorised and working through COAG to girls have been kidnapped, forced to work as slaves and holding another voluntary gun buyback scheme. subject to sexual assault as a weapon of war. Islamic State Recommendation: Support in principle. ‘laws’ dictate to women what they can wear, where they can travel and deny them education, access to healthcare 78. AUSTRALIAN SERVICES UNION and the right to work. Gay and lesbian people have faced torture and murder, including public humiliation, if their NSW ALP State Conference notes that around half of sexual identity is revealed. Syria’s population, 11 million people, are either internally displaced or have left the country seeking safety. NSW Labor supports the offering of additional humanitarian refugee protection visas to people caught up Conference further notes that in 2015, the United Nations in this conflict, and believes that particular attention should recorded over 60 million people displaced worldwide – the be paid to the plight of women and GLBTI people suffering highest ever recorded level. under the hands of Islamic State. Conference:

Recommendation: Support in principle ■ Congratulates Labor on leading the debate in 2015 and refer to position of FPLP. around a special allocation of additional humanitarian places for refugees affected by the crisis in Syria; 76. MEDIA ENTERTAINMENT AND ARTS ■ Supports State Labor’s call for NSW to accept at ALLIANCE least 5000 of these refugees; NSW Labor supports an individual’s right to privacy as a fundamental political, civil and human right that must be ■ Extends a warm welcome to all the new Australians protected. who will arrive under this extra refugee intake. Government should provide a strong regulatory framework Recommendation: Support. to protect people’s right to privacy and ensure the security of their personal information, whether held in the public 79. SUMMER HILL BRANCH sector or the private sector. Conference condemns the passage with Labor's support, of the creation of the Australian Border Force. We call Many services relied on by Australian consumers on any future Labor Govt. to disband the Australian require them to provide very personal information Border Force, return personnel to their former duties in about themselves to secure those services including the Australian Customs and Border Protection Service employment details, income levels, credit/financial history and Department of Immigration and distribute any law and circumstances as well as family links. enforcement powers to the Australian Federal Police NSW Labor is committed to the principle that citizens who are subject to judicial oversight and the rule of law. retain ownership of their personal information and it is The Australian Border Force is a direct threat to open essential that citizens can have confidence that their democracy, separation of powers and the rule of law in information is securely stored and accessed and in ways Australia and should not be tolerated. that enshrine their rights as they exist under Australian law. Recommendation: NSW Labor calls for review the retention of Refer to FPLP. telecommunications data by carriage services providers and the regulation of access to telecommunications data by NSW law enforcement agencies. Recommendation: Refer to FPLP position.

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80. SUMMER HILL BRANCH 82. ARABIC FRIENDS OF LABOR Conference calls on the Federal Parliamentary Labor Party NSW today is not only a multi-cultural, but also a multi- to oppose the proposed laws allowing for the stripping faith society. In such an environment, religions and away of Australian citizenship from existing and potential people of faith must be protected from vilification and dual nationals without the need for initial judicial process. discrimination. These laws in their current form are discriminatory and In 1977, NSW adopted the Anti-Discrimination Act. Such will allow the Immigration Minister to arbitrarily determine an Act provided remedies for discrimination contrary to the whether or not an existing or potential dual national Act on the grounds of race, sex, marital status, physical has engaged in conduct which would involve loss of impairment, intellectual impairment, homosexuality and citizenship. In particular, conference is opposed to the age. Notably, it omitted protections against discrimination automatic revocation of citizenship and the deemed on the ground of religion. revocation of citizenship upon events occurring together with the additional difficulty of having a court overturn It was until 1984, when the Anti-Discrimination Board a ministerial decision to revoke. Further, conference is produced a report titled Discrimination and Religious fundamentally opposed to the wide range of offences, Convictions recommended that the Act be amended many of which could be quite trivial, being used as a to make it unlawful to discriminate on the grounds og trigger for the purported revocation of citizenship. religious belief or absence of religious belief. Recommendation: After almost four decades since the introduction of Refer to FPLP. the Anti-Discrimination Act 1977 and the growth of religious minorities in NSW 2015, it is time that the Act 81. SUMMER HILL BRANCH reflect modern day needs of the NSW communities and Conference calls on the party to abolish those parts of the be amended to include religion as a ground against Border Protection Act 2015 that act to deter individuals discrimination and to make it unlawful to discriminate from reporting instances of abuse against detainees and/ on the grounds of religious belief or absence of religious or other detention centre personnel. belief. Of particular concern are the following sections: This Conference calls on the NSW Government to amend the Anti-Discrimination Act 1977 to include religion as a ■ Section 24 that requires any department worker to ground of discrimination, while ensuring that the necessary subscribe to an oath that could deter them from exceptions are in the Act to allow religious institutions to fulfilling their ethical and professional obligations. run and observe their religious needs without hindrance. This section could apply to doctors, nurses, aid workers and chaplains. Recommendation: Refer to Shadow Attorney-General. ■ Section 26 gives the Commissioner the power to direct staff to seek his permission before supplying information to outside agencies such as the AMA.

■ Section 42 states that it is an offence punishable by imprisonment for up to two years for employees to make records or disclose what is termed as “protected information”. Protected information is defined as any information an employee comes across while working for, or in, a detention centre. Recommendation: Refer to FPLP.

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COUNTRY LABOR REPORT

Since the last State Conference met in 2014, Country Upper Hunter where Muswellbrook Mayor, Martin Rush Labor has had an exceptional two years. Our country worked hard to make this previously safe National Party members and branches have been active in their seat one that Country Labor could win at the next State communities, running successful recruitment drives, Election. fundraising events and achieving change on the issues Country Labor was successful in the 2015 election that matter. For instance, the Port Macquarie Branch because it ran campaigns on issues that mattered to collected over 12,500 signatures on a petition against the country voters including the future of local jobs, electricity sale of public land in the centre of Port Macquarie. Annual prices and asset ownership and rural TAFEs and hospitals. events like Bathurst Branch's Light on the Hill Dinner, Goulburn Branch's Daniel Deniehy Oration, Wagga Wagga Country Conference Branch's Eddie Graham Dinner, and Gulgong Branch's Country Labor’s success at the NSW State Election Louisa Lawson lunch brought together many people to followed the 2014 Country Conference, held in raise funds for Country Labor campaigns and engage their Queanbeyan on 24-26 October. Nearly 300 members local communities. engaged in three full days of policy discussion, involving Country Labor has also run a series of successful health, regional development and jobs, NDIS and ageing, Campaign Insight one-day training programs. In regional and education. towns all over the state including Lismore, Narooma and Country Conference 2014 continued the example set by Wagga Wagga, members had the benefit of receiving the 2012's Cessnock conference: a collaborative method of most up-to-date campaign training to help develop their policy workshops where ideas to further rural communities own local campaigns as we prepare for the upcoming are developed in a consultative environment. The results Federal and Local Government elections. It is this focus of this process can be seen in the motions that follow on training and development that led to our successes in touching on issues as diverse as TAFE, CSG and rural March this year. heath. We also said goodbye to long-serving Country Organiser, Party officials including Kaila Murnain and Acting Country Courtney Houssos who was elected to the NSW Organiser Josephine Hillard held a training workshop Legislative Council in March 2015. Country Labor would for country activists, giving them the skills they need to like to thank Courtney for her tireless years of dedication prosecute a Labor message in their home communities. to Country Labor and congratulate her on her election to Delegates and members were also trained in phone- Parliament. Already, we have seen Courtney continue the banking, one of the most useful campaign tools in a fight for Country Labor in NSW Parliament. regional campaign’s arsenal. NSW State Election Thank you to the 300 plus delegates and members who In the 2015 State election, we saw massive swings travelled across the state to make this conference a towards Country Labor, many significantly higher than success. achieved in Sydney. Key Policy Issues Campaigns like Maitland and Port Stephens were won Country Labor is in a key position in the next twelve by Country Labor with swings of nearly 20% which saw months. Many of the seats Labor hopes to win at the Country Labor members Kate Washington and Jenny next federal election include seats outside of metropolitan Aitchison join Clayton Barr and Mick Veitch in the Country Sydney like Eden-Monaro, Paterson, Page, and Gilmore. Labor Caucus in NSW Parliament. Country Labor has been hard at work developing policies Other areas long regarded as National Party strongholds that directly affect those people in rural and regional areas. experienced some of the highest general election To win these areas, issues that affect regional Australia the swings towards Labor on record. In all, Country Labor most need to be at the forefront of our election platform. ran ten campaigns that recorded swings above 15%. Youth unemployment is at its worst outside Sydney. Skill Ursula Stephens sent the Liberals a huge message in shortages in rural areas make education a key issue in Goulburn, registering a 20.1% swing against a sitting Baird regional areas. And equity of healthcare access is another Government Minister. Another campaign that significantly issue that will not only change lives in regional Australia reduced the margin, to now be within only 2%, is the but voting intentions as well.

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Country Labor is also greatly concerned about the ice AGENDA ITEMS epidemic in rural areas and the disproportionate impact this has in these communities. We need to ensure there 1. NSW YOUNG LABOR are appropriate resources for health professionals and police to address this issue. Enhancing service delivery and capacity of e-Health Federal Election E-Health is a personally controlled record and secure With an election to be called at any time in the next twelve online summary of your health information – able to be months, Country Labor has already preselected high accessed online whenever a patient or healthcare provider quality candidates across regional New South Wales. needs it, wherever they are. Popular former Country Labor members Janelle Saffin and Mike Kelly will be recontesting their old seats of Page The e-Health system was rolled out nationally in July 2012 and Eden-Monaro respectively, and candidates like Tim under the Federal Labor Government, allowing people Kurylowicz, Fiona Phillips and Jess Jennings, will be seeking health care in Australia to register for an e-Health contesting electorates in country NSW alongside sitting record. This was the first step in the development of the MPs Joel Fitzgibbon and Justine Elliot. e-Health record system, which is being built up in carefully managed stages. The task for Country Labor candidates is to demonstrate that behind Malcolm Turnbull's clever words, his Information stored in the record includes a patient’s government stands for little more than cuts to the services medications, hospital Discharge Summaries, allergies, and safeguards that help our most vulnerable. Regional immunisations and other clinical documentation; organ families already know that GST increases and penalty rate donation details, Medicare and pharmaceutical benefits cuts are bad for regional areas, and in the next twelve information – avoiding errors and unnecessary repetition months our candidates will campaign to prove that voting of basic details with each new specialist. Patients can Country Labor is the only way to stop these regressive also enter information in the personal health summary changes from going ahead. or personal health notes section of e-Health record. Individuals control what goes into the record, and who is Country Labor Committee allowed to access it. Country Labor Committee has been active throughout Labor implemented this initiative with the view to e-Health the year, holding both teleconferences and face-to-face record potential being significantly built upon over time. As meetings to organise campaigns in country areas. At their Healthcare Provider Organisations upgrade their clinical face-to-face meeting held on 22 November 2015, the software so that it can communicate with the e-Health Committee dealt with a range of matters including better record system, doctors can add more information, regional representation in Parliament and how to approach including specialist and referral letters, nurses and other Coal Seam Gas mining. healthcare providers involved in health care. It will allow Chair of the Country Caucus in NSW Parliament, Jenny doctors to enter information about consultations and Aitchison and Duty MLC to many country electorates, treatment, including any family medical history provided. Courtney Houssos gave reports on their work in An e-Health record allows a patient and their doctors, Parliament to hold the Liberals and Nationals to account hospitals and other healthcare providers to view and share for their Government's harsh cuts to essential services in health information (with an individual’s consent) to provide country areas. individuals with the best, most informed care. An initiative Assistant General Secretary Kaila Murnain reported like e-Health revolutionises healthcare in Australia using to the committee on the opportunities presented to technology and must be continued and expanded to give country areas at the next election, as well as some of the people more control over their health information than ever preliminary work being done on the Federal Election effort. before, placing individuals and faster, safer, easier patient care at the centre of Australia’s health system. Country Labor supports the integration of e-Health into Australia’s healthcare system. It acknowledges the higher autonomy given to individuals in using and controlling their health information and the benefits this has in facilitating a faster, safer, easier and more efficient patient-care model in Australia’s health system. Country Labor acknowledges the endorsement of key stakeholders such as the AMA in having national electronic health record system; and the public interest in the scheme, with over 500,000 people signed up and over 20 million medical record documents were uploaded under Labor.

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Country Labor maintains the need for this system and 3. NSW YOUNG LABOR the services it provides to be maintained and expanded Rural and Regional Health Promotion – Fighting through state and local health services, in accordance with Liberal Cuts Labor’s plan. In the 2014-2015 Federal Government’s Budget, Country Labor condemns the ‘pause’ to the system’s the funding for the rural and regional health scheme rollout, the review and foreshadowed cuts and/or introduced by the Gillard Government known as ‘Medicare privatisation by the Liberal Government of the e-Health Locals’ was cut, removing 61 local health professionals system. assisting in the provision of healthcare in rural and regional Country Labor calls on the Federal and State areas. Governments to instead embrace investment into bringing The Federal Government has replaced the Medicare health records into the digital age. It calls on them to Locals project with much smaller and fewer ‘Primary better assist health professionals, providers and local Health Networks’, which will be inactive for a significant health districts in implementing the new technical and period of time whilst they are set up. These networks also administrative processes needed; and better promote do not cater for health promotion and disease prevention the new system to patients to sign up to and make use as Medicare Locals did. of the range of benefits e-Health provides to individuals, Without these professionals providing for health healthcare providers and our health system. promotion, the awareness of healthy living and healthy Recommendation: Support. practices will likely deteriorate. Access to health promotion is vital in rural and regional areas, in particular areas with 2. NSW YOUNG LABOR high rates of low socio-economic status backgrounds, Regional Healthcare and areas of high indigenous populations. A major mistake made when budgeting for healthcare in Country Labor condemns the Federal Government’s cut of regional areas is that regional healthcare needs are equal the Medicare Locals project. to the kinds of doctor numbers in metropolitan areas or Country Labor acknowledges the need for greater health larger regional centres. When it comes to small or remote promotion in rural and regional areas. regional towns, however, the provision of serviceable emergency beds is more than an optional extra – it’s a Country Labor will run campaigns in rural and regional matter of life and death, as most of the time the distance areas on the importance of bringing back a system of to a doctor doubles to hours or more of waiting. In the viable health promotion. past, budget cuts and hospital closures in regional towns The NSW Country Labor Organiser will work with the NSW have left entire communities without reasonable access to Labor and NSW Young Labor to help develop policy on medical services. providing health promotion in rural and regional areas of It’s on these grounds that changes in funding should only NSW, with particular focus on young Australians. follow meaningful consultation with local communities. Recommendation: Support. Country Labor supports regional centres, including small Country Labor welcomes Young Labor’s support and remote regional communities, having an acceptable in this campaign. standard of immediate medical care. 4. NSW YOUNG LABOR Country Labor will only undertake funding reviews of regional healthcare centres after meaningful consultation Youth Mental Health with local communities when in government and, following Youth mental health is a particularly prevalent issue in our the NSW Labor platform, that no country hospitals are society. Access to adequate mental health services can closed with the exception of those being replaced with an often make a large difference in ensuring that a young equivalent facility. person with a mental health issue is properly diagnosed and provided with the care and treatment that they Country Labor will fight the Nationals and Liberals when require. they cut funding and access to affordable healthcare in regional areas. Access to appropriate services can in some severe cases even be a method for the prevention of youth suicide. Recommendation: Support. In rural and regional areas, access to adequate mental health services is often limited when compared to the

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range of services available in metropolitan areas. Young 6. TWEED COAST BRANCH people often have to travel long distances to get access Country Conference: the services that they may be in desperate need of. 1. Condemns the attack on North Coast health Adequate access to mental health services can be a life services by both the State and Federal conservative and death situation for a young person with a mental governments; health condition, and providing these services in rural and regional areas must be a top priority. 2. Opposes the introduction of paid parking at Tweed Hospital and opposes the privatisation Services such as Headspace, and increasing the number of health services by the State Liberal-National of counsellors available in community health centres has Government on the North Coast – particularly wards helped in this area, but more can and must be done to duties, cleaning, security, linen services, waste ensure that our young people are able to get the mental management, pest control, portaging, courier duties health care and treatment that many are in desperate and materials management; need of. 3. Expresses alarm at the budget cuts by the Federal Country Labor acknowledges that the provision of mental Liberal Government resulting in the removal of health services to young people in rural and regional areas almost $30 million in services and cost-shifting on should be a top priority for health policy. the North Coast; and Country Labor believes that the provision of adequate 4. Seeks assurances that the new Byron Bay Hospital mental health services is the key to preventing youth is a public hospital and notes that a public private suicide in regional areas partnership arrangement is unacceptable. Country Labor notes the benefits of projects such as Recommendation: Support and recognize there Headspace, but believes that more needs to be done to are similar issues across Country NSW. Country ensure that the access to mental health services for young Labor also reaffirms its opposition to privatise any people in rural and regional areas is adequately provided public hospital. for. 7. COUNTRY CONFERENCE Country Labor will develop strategies for the further Country Labor recognises the need to provide provision of mental health services and resources for appropriately funded community and acute transport for young people in rural and regional areas. country people to access primary, secondary, and tertiary Country Labor will hold a joint hosted forum with NSW health services at the nearest and most appropriate Young Labor to discuss ways in which mental health location to maintain good health outcomes. services can be improved in rural and regional areas. Recommendation: Support. Recommendation: Support. Conference welcomes Young Labor’s support 8. COUNTRY CONFERENCE to organise such an event. Country Labor rejects the Federal Government’s changes to the Medicare Rebate for ancillary health services from 5. QUEANBEYAN BRANCH 85% of cost to 80% which will greatly disadvantage a) That Conference condemns the Liberal- National country people. Government’s plan to introduce a Medicare co- Recommendation: Support. payment. Country Labor strongly opposes any such move and fully supports and endorses the NSW and Federal Labor opposition to any such move. 9. COUNTRY CONFERENCE That this conference condemns that people with cancer in b) That Conference condemns the cuts to health Country NSW are faced with excessive costs for cytotoxic funding by the Liberal-National Government, both at due to lack of access to specific cancer services. the State and Federal level. Cuts to health funding will devastate regional communities and already Recommendation: Support. struggling hospitals. It will have a significant impact on health outcomes for people in regional NSW. 10. COUNTRY CONFERENCE Recommendation: Support. That Country Labor reaffirms and supports the public ownership and operation of the new Byron Central Hospital and Lower Hunter Hospital. Country Labor opposes any privatisation of public hospital services and facilities in rural and regional NSW. Recommendation: Support.

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11. COUNTRY CONFERENCE Conference condemns this move because:

Country Labor opposes the $7 GP co-payment, notes its ■ Thousands of people in the Department of Human impact on rural and regional emergency departments, and Services in regional NSW and around Australia will criticises the Baird government for its failure to stand up to lose their jobs if this proposal is fully implemented; Prime Minister and Health Minister. ■ The jobs that will be lost represent the stable Recommendation: Support. employment opportunities that towns in rural New South Wales need to stay viable; 12. COUNTRY CONFERENCE ■ The privatisation places at risk the private medical That Country Labor calls on the future State and Federal and pharmaceutical history of Australian citizens; Labor governments to work together to develop real policies to support and train general practitioners and ■ Given past experience of these types of outsourcing specialists in country areas. arrangements, there is the potential for significant cost over-runs and service failures. Recommendation: Support. Country Labor will fight to protect these public services 13. COUNTRY CONFERENCE and jobs, oppose the outsourcing of Government services, and ensure that people can continue to access the high- Country Labor opposes deregulation of university fees. quality services they need, when they need it. Country Labor opposes the TAFE cuts and reduction in Recommendation: Support. subsidies by the Baird government and increases of fees in relation to nurses and ancillary health services, which has a direct impact on access to training for country 16. COUNTRY CONFERENCE people. This conference calls on an incoming Federal Labor government to review Medicare Local boundaries to Recommendation: Support. ensure those established by the previous Federal Labor government were fit for service in their effectiveness in 14. COUNTRY CONFERENCE the provision of much-needed primary care. Many rural Country Labor opposes the downgrade in mental health and regional areas, particularly coastal towns, have a and community health services by the Federal and State disproportionate number of over-55s and Medicare Locals Liberal Governments. Country Labor recognises the and primary care providers maintain health and keep provision of these services by the government is essential people out of hospital. for equity and access for Country NSW people. Recommendation: Support. Recommendation: Support. 17. COUNTRY CONFERENCE 15. COUNTRY CONFERENCE That Country Conference condemns the attacks on Outsourcing Medicare, PBS, and Veterans Affairs country people, particularly pensioners, represented by the Payments Medicare Co-payment which affects GP visits and medical Conference notes with deep concern that the Federal imaging and pathology services. Country Labor demands Liberal government has advertised to market test for this be rejected in all forms. the commercial provision of Medicare, pharmaceutical Recommendation: Support. benefits, and Veteran Affairs payments. This is the first step in the implementation of the recommendation in the 18. COUNTRY CONFERENCE Liberal Government’s National Commission of Audit to This conference calls on an incoming State Labor outsource the entire government payments system. If government in New South Wales to disallow the removal successful, it will be the template for the Federal Liberal of ‘peppercorn rents’ from non-profit community groups. Government to outsource other government services To charge these groups commercial rents will see their such as Aged Pensions, Carers’ Allowance, and other closure and thus remove the protection afforded to them Centrelink payments. currently. The Treasurer acknowledged that the Australian Many of the people affected will be left homeless, as government payment system needs an upgrading. Rather abused children and victims of domestic violence will lose than fund the outsourcing of this, the government should their place of refuge. This will directly affect the services be investing in a 21st century payments system to be and community mental health. owned and operated by government that has the sole aim of servicing the needs of all Australians, rather than the Recommendation: Support. profits of a single company.

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19. COUNTRY CONFERENCE b. The community’s concerns relate to the Country Conference recommends that National harmful effects of CSG and unconventional Conference give consideration to the appropriateness of gas mining on water quality, farmlands, the the quantum of the current Medicare levy. environment, communities, residents’ health, and tourism; Recommendation: Support. c. The CSG industry has no social licence to 20. COUNTRY CONFERENCE operate on the NSW North Coast; Conference calls on NSW Labor to develop policies that d. The NSW North Coast has unique address the need for better mental health care in regional environmental qualities; and and rural NSW. e. CSG is incompatible with the North Coast’s Recommendation: Support. important employment sectors including tourism and agriculture. 21. COUNTRY CONFERENCE 2. Is called upon to condemn the NSW Liberal-National That Country Labor condemns the actions of the Federal Party Government’s pro-CSG fracking, drilling and Liberal Government in proposing to cut $15 billion expansion agenda on the NSW North Coast; and from health in 10 years or $1.5 billion annually for 10 3. Calls on the NSW Labor Party to: years, which will have a catastrophic effect on country health services, and calls on the future Labor Federal a. Support an immediate moratorium on all Government to resource these draconian cuts in the CSG and other unconventional gas activities health sector of NSW. and licences within the Boundaries of the State Parliamentary seats of Lismore, Ballina, Recommendation: Support. Clarence and Tweed be ‘CSG Free’ and therefore be off limits to the CSG industry; 22. COUNTRY CONFERENCE That Conference condemns the current Liberal-National b. Support a declaration that the State NSW State Government’s $3 billion health cuts. Country Parliamentary seats of Lismore, Ballina, areas are acutely affected and limit families in receiving Clarence and Tweed be ‘CSG Free ‘ and affordable healthcare, and it discourages school leavers therefore be off limits to the CSG industry. from entering the healthcare profession. Recommendation: Support and note the Recommendation: Support. Urgency debate at the 2014 NSW Labor Annual State Conference on this issue. 23. ARMIDALE BRANCH 26. COWPER FEC That Conference calls on Federal Labor to renew its commitment to the renewable energy targets and foster Conference calls on an incoming NSW Labor Government more investment in renewable energy. to review the Recreation Fishing Havens declarations with a view to extending these to more coastal estuaries Recommendation: Support. to promote tourism and healthier fish breeding habitats generally. 24. BROKEN HILL BRANCH Recommendation: Support in principle. Libraries in Country Communities That the importance of libraries as vital social, community 27. CONSTRUCTION FORESTRY MINING and informational hubs—particularly for country AND ENERGY UNION (NSW BRANCH) communities— be reaffirmed. That the State Government CONSTRUCTION AND GENERAL DIVISION be asked to take equal responsibility for the funding of Conference calls for Labor to commit to ensuring that local libraries with Local Government. spending means local jobs. Recommendation: Support in principle. Further, Conference calls upon the NSW Parliamentary Labor Party to focus on regional NSW with its local 25. BYRON BAY BRANCH/PAGE FEC procurement policy. To facilitate this, the NSW That Conference: Parliamentary Labor Party should investigate the models 1. Notes that: of existing organisations that attract manufacturing industry to their regional centres. a. On the NSW North Coast there is overwhelming community opposition to Coal Recommendation: Support. Seam Gas and unconventional gas mining;

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28. CONSTRUCTION FORESTRY MINING International Labour Organisation’s Committee of Experts AND ENERGY UNION (NSW BRANCH) and Committee on Freedom of Association have also CONSTRUCTION AND GENERAL DIVISION condemned these laws as inconsistent with International Conventions signed by Australia. Conference calls upon NSW Labor to ensure that procurers and their contractors do not obtain dumped and This repressive legislation has no place in Australian unfairly subsidised product where there is an Australian society, holding that the right to silence is a fundamental industry that could supply the product. right and that no Australian citizen should be compelled to answer questions relating to industrial issues or Recommendation: Support in principle. discussions held at union meetings under threat of fines and/or gaol. Conference also rejects the imposition of fines 29. CONSTRUCTION FORESTRY MINING against unions and workers for exercising their democratic AND ENERGY UNION (NSW BRANCH) right to withdraw labour. Building workers should not be CONSTRUCTION AND GENERAL DIVISION treated differently from other workers. Fly in fly out (FIFO) arrangements have become an Conference calls on the NSW State Labor to strongly increasing feature of employment, particularly in the lobby its federal counterpart to resist and when elected resource sector. It has for some provided access to abolish these draconian laws. employment opportunities not otherwise available. However there are growing examples of the downside to Recommendation: Support. FIFO, including FIFO workers displacing local workers, even in major regional centres, putting pressure on 31. CONSTRUCTION FORESTRY MINING community infrastructure and services and loss of income AND ENERGY UNION (NSW BRANCH) to local business. For FIFO workers, family breakdowns, CONSTRUCTION AND GENERAL DIVISION lack of choice of work arrangements and less choice to Conference calls for a review of the effectiveness of live locally with their family and longer shifts are becoming legislation, regulation and enforcement in relation to the more prevalent. safety regulatory system to ensure WorkCover is an active FIFO work practices should be last resort, local jobs and enforcer of safety laws so that high safety standards are communities should prevail. restored. Recommendation: Support. Recommendation: Support.

30. CONSTRUCTION FORESTRY MINING 32. CONSTRUCTION FORESTRY MINING AND ENERGY UNION (NSW BRANCH) AND ENERGY UNION (NSW BRANCH) CONSTRUCTION AND GENERAL DIVISION CONSTRUCTION AND GENERAL DIVISION Conference is opposed to the re-establishment of the Conference calls upon a future NSW Labor Government Australian Building and Construction Commission by to mandate the purchase of locally manufactured paper the Federal Liberal Government. We were disappointed and tissue products (for all government internal usage that Labor failed to entirely abolish the Building and and external printing contracts) for all NSW government Construction Industry Improvement Act 2005 and retained departments, statutory authorities and agencies and NSW the Australian Building and Construction Commission local government authorities in recognition of the positive when it was in government. environmental, social and economic contribution to the industry. The Building and Construction Industry Improvement Act 2005 (BCII Act), which was resisted by the ALP Recommendation: Support. in opposition, represented the worst excesses of the former Howard Government’s WorkChoices agenda. Its 33. CONSTRUCTION FORESTRY MINING resuscitation should be vigorously opposed and Labor AND ENERGY UNION (NSW BRANCH) should commit to repeal any legislation in the future. CONSTRUCTION AND GENERAL DIVISION Tony Abbott’s laws render virtually all forms of industrial Conference calls on Labor to ensure that all government- action unlawful and subject to massive fines against unions funded projects require contractors to use active Labour and individual workers. The ABCC will have unprecedented Market Testing (LMT) to ensure that Australian citizens and coercive powers to force people to answer questions permanent residents are given the opportunity to apply under oath and provide information or documents about for jobs before applications for 457 visa workers can be everyday industrial relations issues and gaol terms of up to approved. 6 months for those who refuse to comply. Further Labor should seek to ensure that before The retention of the ABCC is inconsistent with the any Regional Migration Agreement is applied for, all principles and platform of the ALP and further that the stakeholders including unions are consulted and a needs

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assessment undertaken, exploring other avenues for 38. JERVIS BAY ST GEORGES BASIN sourcing workers. BRANCH Recommendation: Support. The paper mill located in Bomaderry in the Shoalhaven Local Government Area is once again under threat of 34. GOULBURN BRANCH closure. We have seen this many times over the years with Conference thanks the State’s Shadow Minister Mick one manufacturer reducing a workforce of several hundred Veitch MLC for his support for the Southern Tablelands per day to around 100 people for the manufacturing of Rail Users’ Group (STRUG) to gain a usable timetable specialty papers used for Australian passports, along with for people living south of Exeter including the towns and other specialty papers. villages surrounding Goulburn. Country Conference calls on State and Federal This is a long-awaited need for the people of Goulburn governments to issue an edict to use only Australian made region needing to travel to and from Sydney for medical, papers wherever possible, to maintain this vital industry professional and social appointments and the region and keep these workers employed, with the additional including the Southern Highlands. benefits to the community which come from a workforce which lives and shops in the local area. Recommendation: Support. Recommendation: Support in principle. 35. GRIFFITH BRANCH 39. LITHGOW BRANCH Conference supports the creation of water infrastructure for the Coleambally and Murrumbidgee Irrigation Areas Local Government Amalgamations through other sources of funding not related to the sales That Country Conference supports the principal of self- of electricity assets in the state of NSW. determination for rural and regional communities and, as such, we support voluntary LGA amalgamations and Conference opposes the sale of poles and wires in NSW. oppose forced amalgamations, where the Council has Conference calls on the Federal Government to investigate engaged the community in genuine consultation and the other sources of revenue for the funding of any water community supports the voluntary amalgamations via related infrastructure in regional NSW. referendum. Recommendation: Support in principle. Further, any consultation shall include

■ Social impact statements; 36. HUNTER FEC Conference requests that NSW Labor Party makes a core ■ Retention of core numbers in regional and rural policy not to sell any more public assets or to privatise any communities of less than 5000 people;

public service. ■ Retention of employment protections

Recommendation: Support in principle. ■ Further we express our support for constitutional recognition of local government. 37. JERVIS BAY ST GEORGES BASIN BRANCH Recommendation: Support. We call on the incoming NSW Labor Government to 40. LITHGOW BRANCH immediately abandon any plans to construct a dam on the Belubula River near Canowindra which will flood the Federal Budget ancient Cliefden Caves. That Conference condemns in the strongest terms the outrageous cuts outlined in the 2014-15 Federal Budget These caves took millions of years to be created by water including but not limited to: seeping to fashion the limestone pillars and mazes of these ancient caves. The dam, if constructed will flood ■ The proposed $7 Medicare co-payment; the cave system and destroy the rare formations in a ■ Proposals to cut welfare payments to young people few moments. We call on a halt to the project which the for 6 months of the year; current government claims will provide water security to the state’s Central West ‘without adverse environmental ■ Deregulation of the higher education sector; outcomes’. ■ The suspension of promised increases in There are other and better ways of drought-proofing superannuation contributions; the country than destroying incredible caves and land ■ The reintroduction of fuel excise indexation. formations that took millions of years to form. We are particularly concerned at the impact that these Recommendation: Support in principle. cuts will have on the most vulnerable and disadvantaged

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people in rural and regional areas. We call on the Federal 44. LOWER CLARENCE BRANCH Parliamentary Labor Party to oppose all these regressive That Conference deplores the dismantling of the local provisions in the strongest terms. Catchment Management Authority and the slashing of Recommendation: Support. resources to the local Land Care groups. This was a disgraceful trade off by Barnaby Joyce who apparently 41. LITHGOW BRANCH could not negotiate for drought relief in its own right. Conference expresses grave concerns about the jobs Recommendation: Support in principle. crisis sweeping rural and regional NSW as a result of the incompetence and gross economic mismanagement of 45. LOWER CLARENCE BRANCH the NSW and Federal Liberal-National Governments. That the NSW Liberal-National Government be We note that since the second half of 2013 more than condemned for continuing to commit infrastructure 1,000 jobs have been lost from the manufacturing and funding to the Sydney Basin to the detriment of country mining sectors in the Central West alone in addition to NSW projects. We need a State Government which the loss of hundreds of public sector workers since the governs for the whole of NSW. Despite statements from election of the NSW Liberal-National Government. the Liberals during the release to the last state budget, all of NSW does not benefit from a well-resourced Sydney. Noting that neither government has advanced any State Government requires balance not just piecemeal proposal to address this critical situation, we call upon offsets to the Nationals in return for their support in Country Labor to develop a rural and regional jobs privatising our state services. strategy as a matter of priority. Recommendation: Support. Country Labor supports a review by State and Federal Labor of the Job Network Providers with the aim of 46. LOWER CLARENCE BRANCH bringing all available employment to the attention of those That Conference thanks Shadow Minister for Transport seeking employment, especially to young long-term job Anthony Albanese for his support for country people in seekers. relation to the proposals for a second Sydney airport. It is Recommendation: Support. essential that country people maintain access to Kingsford Smith Airport in the long term. If regional airlines are 42. LITHGOW BRANCH relegated to Badgerys Creek, medical services, business Drive In/Drive Out Workers and planning trips and even tourist and holiday trips would become impossible for people in country NSW. The extra That Conference applauds the resolution of the 2014 NSW travel time to and from the city and the prohibitive cost Annual State Conference regarding drive in/ drive out would affect individuals, business and public services. workers, fly in/fly out workers and mining camps. Recommendation: Support. Recommendation: Support. 47. LOWER CLARENCE BRANCH 43. LITHGOW BRANCH That Conference rejects the Federal Liberal- National Coal Seam Gas Party proposal to increase the fuel excise because of the That Conference is gravely concerned about the impact obvious disproportionate adverse effect on country people of coal seam gas extraction on water and food production of this proposal. Country people in general are from lower in Australia. Further, we oppose any attempts to sell gas income groups, have little or no public transport and extracted so cheaply overseas only for it to be sold back have to travel considerable distances for all services from by large energy interests/cartels to Australia at higher shopping to health. prices. We call upon State and Federal Governments to Recommendation: Support. regulate decisively in this regard. We continue to support a properly regulated, sustainable 48. NAMBUCCA RIVER BRANCH black coal mining industry. Conference calls on an incoming State Labor Government Recommendation: Support in principle. to undertake a review of Recreational Fishing Habitat Conference notes NSW Labor’s policy that Coal Seam declarations in order to: Gas projects should not be able to proceed until ■ Generate a clearer scientific basis of the benefits of independent scientific research provides conclusive such declarations on fish stock, breeding habitats as evidence that expansion of the industry will not well as the associated benefits to local economies; damage our precious water resources or compromise the state’s food security. ■ Identify further locations for potential new declarations, including calling for expression

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of interest from local government and other Conference notes that previous Labor State and Federal organisations. governments assisted with drought-proofing projects in the Central West. Conference should not take a Recommendation: Support and note that NSW definite position on the Needles Point Dam until detailed Labor created recreational fishing havens in NSW and information is available on the environmental, financial and marine conservation areas. These NSW Labor related issues initiatives have produced real benefits for fish stocks and for recreational fishing opportunities with flow on Recommendation: Support in principle. benefits for regional tourism. A review of recreational fishing havens should look to maximise the benefits 51. NSW YOUNG LABOR for coastal communities and the environment while Expansion of the South Coast railway line at the same time considering impacts on the professional fishing industry including regional co- At present, NSW Trains’ South Coast Line ends at ops, supply of fresh locally produced fish and Bomaderry (Nowra). With the population of the South employment in regional communities. Coast and southern NSW growing, an expansion of the line south of the Shoalhaven River will better serve the 49. NAMBUCCA RIVER BRANCH thousands of constituents that are unable to access such basic public transport services. Furthermore, with Conference calls on an incoming State Labor Government the South Coast area extending far south of Nowra- to review procurement policies in relation to major Bomaderry, it is unacceptable that the current line infrastructure projects, for example, major highway servicing the South Coast is unavailable for much of the construction, to strengthen provisions for enforceable region to use. requirements for local workforce employment and training places including: Conference calls on the State Government to begin expanding the South Coast Rail Line south of the ■ Minimisation of the use of 457 visas and similar Bomaderry (Nowra) Train Station. mechanisms which reduce access to jobs by the domestic workforce; Conference specifically calls for a train line to be constructed, extending the full length of the NSW ■ Specific provisions to maximise the employment coastline down to the Victorian border, to ensure that of local workers in rural and regional areas of high regional constituents have the same access to public unemployment; transport services as those who reside within the Sydney ■ Specific provisions for the inclusion of minimum Metropolitan area. numbers of traineeships and apprenticeships, Recommendation: Support in principle and including designated indigenous traineeships and calls on the State Government to ensure that the apprenticeships. duplication of the Nowra Bridge is designed and built Recommendation: Support. to allow extension of the rail line.

50. NSW YOUNG LABOR 52. NSW YOUNG LABOR Needle Point Gap NBN As part of the 2014-15 NSW Budget, the National Party A National Broadband Network (NBN) is essential to allocated funding to conduct a feasibility study and begin building sustainable communities in Regional NSW. New work on the Needle Point Dam near Canowindra in NSW’s business opportunities and subsequent job creation Central West. This project will cause irreversible damage will result from fast broadband services opening up to the nearby Cliefden caves due to settlement of silt after new markets for products and services. The need to flooding. Cliefden is a site of significant aesthetic and locate a business in a city where access to fast, reliable, scientific value and the Nationals should not be allowed communications technology is guaranteed is a barrier to get away with destroying such an important network of to locating in a regional area. Under Labor’s plan for an caves. NBN rollout in regional Australia this barrier is removed. In the same way educational opportunities such as online Country Labor opposes the National Party’s plans to learning will become an option for student wishing to build this dam and action taken by the Nationals that will complete a diploma or degree from their home. endanger Cliefden Caves. Country Labor condemns the regressive steps taken by Country Labor condemns this State Government policy Malcolm Turnbull and the Federal Coalition Government and will write to the Labor Environmental Action Network that subject rural communities to a second rate outlining opposition to the Nationals’ planned development communication system. and urging action to be taken against the Nationals. Recommendation: Support.

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53. QUEANBEYAN BRANCH mining companies rely on ‘Fly-in Fly-out’ (FIFO) workers to Country Conference condemns the Federal Liberal- conduct their operations. Many go so far as to construct National Government for public service job cuts that will entire camps or towns to house hundreds of workers, seriously impact on the regional community and economy keeping them removed from local communities. in the Queanbeyan region. The practice of FIFO workforces is harmful to communities Recommendation: Support and note that the and harmful to workers. Small rural communities Federal Liberal-National Government’s public service experience inflation, out of control rent hikes, and massive job cuts will have serious consequences for all of pressure on local infrastructure, with little-to-no job growth country NSW. and little-to-no wealth generation within the town. Camps constructed in towns like Gulgong and Singleton 54. NSW YOUNG LABOR in the Central West threaten to double local population, Poles and Wires double local infrastructure loads (including pressure on antiquated sewage and road systems) and deliver few Country Labor notes that Mike Baird’s plans to sell off the benefits for local populations, as money earned is spent transmissions and distribution networks of the electricity elsewhere. grid – the so-called ‘poles and wires’ is a shameful attack on family budgets and regional areas in particular. These camps also hurt the workers themselves, as they are subject to longer shifts, less routine and more difficult In backing the Liberals on the issue, the Nationals have home lives. shown themselves as true hypocrites, willing to sell out their own constituencies for minor concessions, to break Country Labor backs the CFMEU’s campaign against promises made at the last election, and to shed their these FIFO camps, and supports the communities and principles at the drop of a hat. families affected by their construction in pre-existing communities. Country Labor resolves to fight the Liberal-National power sell-off. The place for FIFO camps is in remote areas without existing communities. In minefields with existing towns Recommendation: Support. nearby, Country Labor would prefer mining companies make investments that bolster towns, their populations, 55. NSW YOUNG LABOR and their infrastructure, in preference to large-scale Stop the brain drain camps which are segregated from those communities and One of the largest impediments in the way of regional regional economies. development is the plight of bright young people from Recommendation: Support in principle. country areas. To attend university and get a tertiary education, young adults either need to move to 57. QUEANBEYAN BRANCH metropolitan areas or larger regional centres like Wagga or That Conference applauds the previous ALP Federal Bathurst. Government’s NBN plan, which would have seen the After four years in that place, they do not return to where digital divide ended for virtually all regional Australian they are from, and they do not bring their skills back with communities. them. The results are skill shortages, fewer opportunities That Conference condemns the recently released for those who remain, and a slow decline in rural cost benefit analysis commissioned by the Federal populations. Liberal-National Government that implies regional NSW Country Labor will advocate more strongly for the kinds communities should consider themselves lucky to even of regional development that build jobs and businesses have access to wireless networks in regional areas. in rural areas and which attracts young people to build Country NSW needs high speed broadband to meet the careers and lives in the bush. twenty-first century needs of households, communities Recommendation: Support in principle. The and regional economies. Country Labor supports the State Policy Forum has set regional education as a efforts of our regional MPs to bring high speed broadband key platform for future Labor Government regional to fruition. development. Recommendation: Support. 56. NSW YOUNG LABOR 58. QUEANBEYAN BRANCH Fly-in Fly-out Mining Camps That Country Conference welcomes the work of the State The mining industry faces a skills shortage across many Policy Forum in relation to the broad direction it has set of the areas it conducts its operations. Few residents for regional development policy for Country Labor in NSW. of rural communities have an education in mining, and

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Country Conference calls on the NSW Parliamentary Party, Consideration of reserving a proportion of gas produced in partnership with the Country Labor Committee to build for domestic consumption as part of the Party’s energy on this work and develop a detailed regional jobs plan. A policy. This takes account of the development of the plan that builds on the education and training platform of necessary infrastructure for the domestic market. TAFE and universities and aims to develop regional NSW’s Recommendation: Support. renewable energy, primary industries and manufacturing sectors. 61. SHOP, DISTRIBUTIVE & ALLIED Recommendation: Support. EMPLOYEES’ ASSOCIATION Defending Penalty Rates 59. QUEANBEYAN BRANCH Public support for penalty rates consistently sits at around That Country Conference condemns any move by the the 80% level as the majority of Australians recognize Liberal-National Government to remove the Renewable that penalty rates compensate people for working at Energy Target (RET). The RET is a key plank in unsociable times late at night, on weekends or on public environmental policy, and has facilitated progress towards holidays. making Australia’s energy sector less reliant on emission intensive energy generation like gas and coal. Abolishing Regional workers are often reliant on penalty rates to the RET will lead to increased carbon emissions and have enable them to make tight budgets work. environmental consequences for regional communities In government, Labor defended the fairness of existing already struggling with the environmental realities of penalty rates before the Fair Work Commission as fair drought. compensation for work at unsociable hours. The RET has led to significant investment and job creation Country Labor is extremely disappointed by recent cuts to in the renewable energy sector. The renewable energy penalty rates in the hospitality sector. sector provides jobs in regional NSW in the areas of solar and wind generation in particular. Any plan by the Liberal- Country Labor condemns the current media campaign National government to abolish the RET is condemned by by business and members of the Federal Coalition Country Conference as an attack on regional jobs in the Government to cut penalty rates. It is based on a narrow renewable energy sector. view that if successful would be devastating to workers reliant on penalty rates and to large sectors of the Country Conference supports maintaining the RET and economy reliant on discretionary spending. endorses the support and commitment to the RET by the NSW and Federal Labor Party. Keeping the RET is a Country Labor will campaign in support of retention victory for both the environment and jobs in regional NSW. of existing penalty rates and calls on all Party Units to campaign in defence of penalty rates. Recommendation: Support. Recommendation: Support. 60. QUEANBEYAN BRANCH Country Conference notes that there is great concern 62. SHOP, DISTRIBUTIVE & ALLIED within the community about the production of coal seam EMPLOYEES’ ASSOCIATION gas (CSG) and that the Party must develop policy relating Harper Review Recommendation on Deregulating to CSG and all non-conventional gases. It calls upon the Retail Trading Hours NSW ALP to adopt the following principles in respect of The Harper Review into competition policy the production of non-conventional gas reserves: recommendation to remove trading restrictions on ■ All members of the NSW community have a right important public holidays such as Boxing Day and Easter to be involved in industry consultations over the Sunday would have no beneficial impact on the economy development of non-conventional gas reserves; and would only serve as an attack on Australians’ right to

■ The right of land owners is to be respected within spend important holidays with their family and friends. the existing legislation and that any changes to that Shops are already able to trade 360 ½ days a year. A legislation to be undertaken only after consultations; 2012 economic study found there were no economic ■ A proper regulatory framework as part of the Party’s benefits from extending trading to the last few restricted energy policy; trading days. In rural NSW 12% of the workforce are

■ Appropriate environmental guidelines relating to the employed in retail. Any further extension of trading use of water and any impact on water resources hours will have a negative impact on regional families should be part of an overall water policy within the and communities by denying them precious family and Party’s environmental policy. community time on these significant days.

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For regional workers travelling long distances to visit family ■ A Fee for Service to be incorporated in all Enterprise at Christmas the two day break of Christmas and Boxing Agreements, Awards and Greenfield Agreements Day is needed for safe travel. For blended families the time registered under Fairwork Australia and its NSW is needed to accommodate Christmas with all parts of the counterpart, in the NSW jurisdiction

family. Christmas just isn’t Christmas without Boxing Day. ■ The Fee for Service to be based on the Annual Country Labor condemns the Harper Reviews Union Fees, paid on a Monthly basis through recommendation to further deregulate retail trading hours. the Taxation System or directly to the Union by arrangement within the Agreement or Award. Country Labor supports the Take the Time campaigns ■ The choice for persons obtaining a benefit from Union ongoing defence of work life balance. activity is to pay the Fee for Service or join the Union. Recommendation: Support. Recommendation: Support in principle. 63. SHOP, DISTRIBUTIVE & ALLIED 65. TAMWORTH BRANCH EMPLOYEES’ ASSOCIATION Country Labor calls on the next NSW Labor Government Impact of Penalty Rate Cuts on Regional NSW to increase the renewable target to 30 percent in New Penalty rates compensate people for working at South Wales. unsociable times late at night, on weekends or on public Recommendation: Support in principle. holidays. The recent narrow debate in the media from employers 66. TAMWORTH BRANCH on penalty rates has been about the cost to business. Conference urges the NSW Labor Opposition to It completely misses the untold story of the loss to local pursue the injustice of the NSW Coalition Government’s workers, local communities and local economies across changes to WorkCover. Independent studies have shown regional NSW if penalty rates are cut. WorkCover will have a surplus of $5 billion in the near That money then goes back to the business and if it is not future. a local business that money leaves the local community. This surplus will be achieved through losses sustained by The new McKell Institute study clearly demonstrates cuts injured workers. We urge NSW Labor to fight to restore to penalty rates will cost retail workers up to $315 million justice and equity to the workers compensation system. in take home pay and withdraw $111 million from regional Recommendation: Support. NSW economies every year. Ironically, it will be discretionary retail spending that will be 67. WAGGA WAGGA BRANCH among the first to feel the pinch as people spend less in Conference condemns the Federal Coalition Government their local community. Retail workers make up about 12% on the freezing of superannuation increases. of the workforce in rural NSW so if they tighten their belts, Recommendation: Support. the flow-on will hit local businesses and economies hard. Penalty cuts are simply not a sustainable, long-term way 68. WAGGA WAGGA BRANCH of ensuring profitability for retailers in regional and rural Conference moves that Labor should support the areas. We must not forget that penalty rates are paid in continuation of the diesel excise rebate for Australian compensation for the loss of time with family. businesses such as farms and off-road Australian-owned Country Labor condemns the National Party for failing to businesses, but should end the rebate for the mining support regional workers, communities and economies sector. across NSW in the debate on penalty rates. Recommendation: Note and refer to the Federal Country Labor recognises both the personal and Parliamentary Country Caucus. economic damage to regional communities that would be caused by cutting penalty rates and commits to campaign 69. COUNTRY CONFERENCE in support of the retention of penalty rates. Conference fully supports our Australian Scientific Recommendation: Support. community and the work they do. Conference calls for an end to the cuts to our scientific organisations and calls for 64. TAMWORTH BRANCH further investment in scientific research. Whether it is the productive gains through R&D in the Ag sector or climate Conference requests a “Fee for Service for Union Awards” change abatement, science plays a critical role in regional become part of the Industrial Relations platform for NSW, communities. when NSW Labor is returned to office, based on the following points: Recommendation: Support.

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70. COUNTRY CONFERENCE We need to fix our regional transport, including roads and Conference notes the important role the ABC plays in public transport as well as support our farmers, agriculture providing a broad range of services across TV, radio, and and the environment. We need programs like the NDIS the internet to Australians of all ages. Country Conference and to put more support into aged care in regional believes that public broadcasting, independent of Australia. government and free of commercial influence, is an To achieve these goals we must ensure we have essential element of a functioning democratic society. appropriate funding which includes ensuring sufficient Public broadcasting is especially important in rural, tax revenue to pay for Labor’s vision for Australia. Levels regional, and remote areas where it is vital to have access of taxation should be set according to Labor’s funding to local news and information. The presence of regional priorities and the economic situation on a case-by-case production facilities also benefits regional jobs and basis. economies. Conference rejects any move to place artificial caps on Conference notes that, while the ABC has an obligation to overall levels of taxation and the subsequent limits on provide regional production and programming: services for rural and regional NSW. ■ ABC funding is being diverted away from regional Recommendation: Support. Australia in radio and television.

■ More ABC work is being centralised in Sydney 72. COUNTRY CONFERENCE and Melbourne and workers are not being treated East coast gas prices are being driven up for household equitably. and commercial use by between 200% and 300% over the next three to four years. Conference recognises that ■ Regional managers are often excluded from the this price increase is being driven by the new gas export decision-making about their stations. hubs in Queensland that have linked the Australian gas ■ Conference notes with concern the impact of these market with historical prices between $3-$4/GJ, to the trends on both local programming and local jobs. international market, where prices are about $12/GJ.

■ ABC TV productions, news, and senior management This massive price increase will drive up the cost of roles have been removed from the regions and household bills by $260 per year and put massive are being centralised in Sydney and Melbourne, pressure on the NSW manufacturing industry, potentially reducing the number of high quality job opportunities costing thousands of jobs. in regional areas; These job losses and cost of living increases will have a ■ Staff in regional areas are on average on lower devastating effect on regional NSW. Conference notes that classifications than employees in Sydney and have calls by then Federal Infrastructure Minister Ian Macfarlane less access to training and resources; that the solution to this price increase is to ‘flood the market with gas’ are misleading and will not lead to any ■ Staff in regional areas are faced with increasing significant decrease in domestic prices. workloads and small staffing levels. As such, Conference supports the creation of a National Conference condemns the Federal Liberal Government’s Gas Reserve Policy to reserve a proportion of about 20% cuts to the ABC and calls on them to restore funding to of gas extracted in Australia for exclusive domestic use. A pre-election levels to allow the ABC to properly fund its gas reserve policy already exists in Western Australia and regional operations. in almost every comparable country around the world that Country Conference calls on a future Labor Government to has significant gas deposits. revitalise and expand the ABC’s services and programmes Recommendation: Support and note the recent in rural and regional Australia with regular reviews and National Conference resolution. promotions. Recommendation: Support. 73. COUNTRY CONFERENCE That CSIRO funding to be fixed at a percentage of GDP 71. COUNTRY CONFERENCE (e.g. 0.1% of GDP as a minimum) Conference recognises the need for strong Federal Recommendation: Support in principle. Government funding for services and support in rural and regional Australia. We need to have strong schools, hospitals and regional universities.

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74. COUNTRY CONFERENCE 80. COUNTRY CONFERENCE ABC funding is being diverted away from regional That Country Labor resists the farming-out of job-seeking/ Australia in radio and television. More ABC work is being training facilities to private industry or charities and would concentrated in capital cities and workers are not being welcome a Centrelink system based on the CES ‘jobs on treated equitably. Country Conference condemns the the board’ model. cuts to the ABC and call on an incoming Federal Labor This will help stop the useless practice of training people Government to restore resources to regional operations. for jobs that are not available and government subsidies Recommendation: Support. going to firms that do not produce a viable result and it will encourage large companies to work through the 75. COUNTRY CONFERENCE Centrelink agency. Any death of a worker due to industrial accidents must Recommendation: Support. have a full and detailed investigation through both Work Cover and the police. In the event the death is due to 81. COUNTRY CONFERENCE the employer failing to provide a safe place to work, then Conference calls on the current federal government to a charge of manslaughter should be made against the introduce a truth-in-labelling policy that ensures that all employer. food sold in Australia is clearly identifiable in country of Recommendation: Support. origin and manufacture. This policy also needs to include substantial penalties to any persons or organisations that 76. COUNTRY CONFERENCE fail to comply. This policy should also be used to maintain Conference supports a review of public rail infrastructure and further develop food safety standards in Australia. in regional NSW which will encourage government Further funding towards this policy should set aside investment by having an effective rail network this would funding for research and development in the Australian also generate jobs in the rail industry and supported food industry. associated industry. Recommendation: Support. Recommendation: Support. 82. COUNTRY CONFERENCE 77. COUNTRY CONFERENCE Conference acknowledges the importance of investment Conference welcomes the Labor Party’s commitment in TAFE to address skill shortages. to showing leadership on climate change, from policy to Recommendation: Support. language. Country Labor would also encourage regional industry advocacy groups to show leadership on the 83. COUNTRY CONFERENCE issue of climate change and its impacts on regional Conference acknowledges that there is a need for contract communities. labour to support the horticultural sector. However, there Recommendation: Support. are consistent and concerning issues in relation to the operation of contract labour firms. As such, country 78. COUNTRY CONFERENCE conference calls on both State and Federal Governments That regional and Country branches be requested to to address this issue through either a registration process redouble their efforts to explain ALP regional policies at a of contract labour companies or at a minimum through the very grassroots level. establishment of an industry code of conduct. Recommendation: Support. Recommendation: Support.

79. COUNTRY CONFERENCE 84. COUNTRY CONFERENCE We, the Country Labor members from regional NSW, In the primary industries sector, co-operatives have been put forward that tri-partisan committees be formed a success in providing profits back to producers and that could meet in all local government areas. These community. Conference calls a future NSW Government committees would need to have unions who represent to utilise the office of NSW Development (or equivalent) the workers, councillors/mayors that represent the region to investigate the best practice for the operation and the and its constituents, business people, local community establishment of Co-ops. organisations, and local leaders. We would request aid Recommendation: Support. at a state or federal level from the ALP to facilitate these committees and their formation. Recommendation: Support.

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85. COUNTRY CONFERENCE 91. COUNTRY CONFERENCE Conference acknowledges the grand vision of the Whitlam Conference applauds the ongoing commitment of Labor Government’s Growth Centres. Conference calls on the former Minister for Transport to the Very Fast train future Labor Governments to continue to show leadership project. As such, and in support of this commitment, and vision in the regional development area and continue conference calls on Federal Labor to make a specific to focus on these growth centres, as we must develop our commitment towards the building of a very fast train line regional communities. between Melbourne, Sydney, and Brisbane if returned to government at the next election. Recommendation: Support. Recommendation: Support. 86. COUNTRY CONFERENCE Conference calls, as a matter of urgency, that a Darling 92. COUNTRY CONFERENCE River summit is held for the users of the Darling River and Country Labor opposes the new Primary Health Networks the catchment area to address the future sustainability and the decision that they do not provide direct health of the Darling communities and their future regional services to ensure allied health professionals continue to development. reside and work in regional and rural NSW. Recommendation: Support. Recommendation: Support.

87. COUNTRY CONFERENCE 93. COUNTRY CONFERENCE Country Labor supports vibrant and profitable Conference calls on State and Federal government to primary industries and as such calls for the immediate improve support services for young job seekers and reintroduction of drought mapping. It is an important entrepreneurs such as access, training, and public service for government and farmers alike and should be transport in regional, rural, and remote New South Wales. reinstated. Recommendation: Support. Recommendation: Support. 94. COUNTRY CONFERENCE 88. COUNTRY CONFERENCE Conference continues to support the retention and Country Labor calls on the NSW Coalition Government to investment in Industry Skills Councils, NSW Industry increase the numbers of extension officers (or equivalent) Training Advisory bodies and CRCs. to the levels of the previous Labor Government (pre-2011 Recommendation: Support. election levels) Recommendation: Support. 95. COUNTRY CONFERENCE Conference supports the development of the inland rail 89. COUNTRY CONFERENCE link between Melbourne and Brisbane, and that other links Conference calls upon the NSW ALP government when be investigated to improve the freight transport network in next elected to immediately embark on a strategic regional NSW. planning process that identifies opportunities for the Recommendation: Support in principle. development of environmentally sustainable businesses in small scale farming, food production, renewable power 96. COUNTRY CONFERENCE generation, tourism and other industries. This activity will be supported by a regional growth funding program. Conference supports a review of public rail infrastructure in regional NSW which will encourage government Recommendation: Support. investment by having an effective rail network this would also generate jobs in the rail industry and supported 90. COUNTRY CONFERENCE associated industry. Conference calls for a review of the Countrylink bus Recommendation: Support. network with the view to make the network more viable and closer aligned for demand for services in Country 97. COUNTRY CONFERENCE NSW. Conference calls on one of the conditions for the issue of Recommendation: Support. a coal seam gas exploration licence be the submission of an insurance policy that guarantees the protection of public assets such as water, land degradation, etc. Recommendation: Support.

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98. COUNTRY CONFERENCE 105. COUNTRY CONFERENCE Conference calls on the next Federal Labor Government That Country Labor demands the state and federal to implement as part of their industrial relations policy that government provide appropriate accommodation for includes a concerted effort that explores and maximises young people with a disability in rural and regional the use of local labour before 457 or 417 visa holders are Australia under the NDIS framework. employed including the inspecting employment records of Recommendation: Support. employers. Recommendation: Support. 106. COUNTRY CONFERENCE Conference recommends that the future Foley NSW 99. COUNTRY CONFERENCE Government works toward providing subsidised community Conference advocates an ALP commitment to review transport for people in rural and regional Australia, including legislation that impinges upon land quality by noxious pensioners, the aged, infirm, and the unemployed. vegetation. Recommendation: Support. Recommendation: Note. 107. COUNTRY CONFERENCE 100. GRIFFITH BRANCH Conference urges the NSW ALP to reverse its decision Conference supports the retention of Council rate and in support of the closure of large residential disability Travel Concessions for Pensioners. services, for example, the Stockton Centre Recommendation: Support. Recommendation: Support in principle.

101. WAGGA WAGGA BRANCH 108. COUNTRY CONFERENCE Conference calls for a strong commitment to publicly- That pay rates for aged care and disability workers working funded palliative care arrangements in regional, rural and for a private service provider be at parity with the same remote Australia. grade of health care workers in the public health system and all other conditions of employment be the same. Recommendation: Support. Recommendation: Support. 102. COUNTRY CONFERENCE That the government maintains a role to ensure affordable 109. COUNTRY CONFERENCE access to Home Care Services in rural and Regional Conference calls on the government to ensure the funding Australia. packages under the NDIS and home care services include an allowance for travel time for the provision of service to Recommendation: Support. isolated clients. 103. COUNTRY CONFERENCE Recommendation: Support. Country Labor endorses the terms of the NSW Nurses and Midwives Association and Public Service Association 110. GOULBURN BRANCH of NSW’s “Defending Public Services Pledge” Conference calls on the ALP to differentiate itself from the National Liberal Party policy of running a Unity ticket Recommendation: Support. (during the campaign for the 2013 Federal Elections) on Education and claims to provide no difference to the Policy 104. COUNTRY CONFERENCE of the Australian Labor Party’s Better Schools Policy/ Country Labor calls on the next Labor State Government Gonski Policy. Then former Federal Minister for Education, to ensure that aged care services in regional and rural Christopher Pyne announces the Federal Government’s communities provide access, accountability, choice, and plans to review all aspects of Labor’s education funding quality of care. reforms. This includes a requirement that at least one RN to be The State Government Education Ministers who had rostered on 24 hours a day in aged care facilities, together committed to the Better Schools Policy were outraged. In with the appointment of a director of nursing. NSW, the Education Minister, Adrian Piccoli, accused Mr Recommendation: Support. Pyne of playing favourites. “There’s no doubt that what seems to be happening is that states that signed up (to the Gonski model) are being punished and the states that didn’t sign up are being rewarded,” Mr Piccoli told The Australian - 28 November 2013.

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Then on 2 December 2013 Mr Christopher Pyne did 111. GRIFFITH BRANCH another reverse of policy in the face of major disbelief Conference supports the implementation of an incentive from State Governments who had signed with Better based strategy to encourage the training of, retention and Schools Policy, media, social media and polls of public employment of rural based graduates or graduates of a opinion indicating the anger and dismay of the Australian rural background that are willing to return to Country NSW population on these changes of education policy. to practice in their profession The current policy of the National Liberal Party National Recommendation: Support. Education Policy is bereft of the core strength and heart of the Better Schools Policy. 112. QUEANBEYAN BRANCH In the face of this fiasco of policy formulation of Education That Conference condemns the Liberal-National Policy by the National Liberal Party Federal Government Government’s budget cuts to education including cuts of the Country Conference calls on: $30 billion from schools funding over the next decade. ■ The Leader of the Australian Labor Party Federal Country Conference especially condemns the failure of the Parliamentary Party Mr Bill Shorten to challenge Liberal-National government to fund the vital fifth and sixth the changes to the Better Schools Policy in the years of the Gonski reforms as originally outlined in the Australian Federal Parliament. National Education Reform Agreement (NERA). ■ The Opposition Education Minister Ms Kate Ellis That Conference welcomes the ongoing commitment to use Question Time in the Parliament to prevent of the Labor Party to the Gonski education reforms. Mr Christopher Pyne’s efforts to rewrite what all of Conference specifically acknowledges NSW Labor’s Australia heard and read when the National Liberal commitment to years five and six of the previously Party stated it would be running a Unity Ticket on negotiated agreements. Due to the substantial significance Education. of these reforms for country NSW schools, Conference specifically calls on the federal parliamentary party to Much to our concern, while the Federal Government has commit to years 5 and 6 of the NERA. That Conference again reversed much of its policy to mediate the public fury condemns the current Liberal-National Government’s plan at their outrageous policy reversal; what is being delivered to deregulate the university sector. The proposed reforms, is not the National Education Policy that was taken to the as presented, will damage regional universities and Federal 2013 election. The children of Australia no longer students in particular by driving up the cost of university are to have a needs-based funding model and an effective degrees. performance and resources information system that were as an essential core aspect of the Better Schools Policy as Recommendation: Support. was the additional funding that Mr David Gonski and his team based the policy development on, including the more 113. WAGGA WAGGA BRANCH than 7000 submissions to their consideration. Conference condemns the Federal Coalition Government Conference respectfully calls on the Australian Labor on its attack on higher education and the future of Party members of the Federal Parliamentary Opposition to Australia’s youth. continue to challenge to the Governments implementation Recommendation: Support. of the new Australian Federal Education Policy and any further changes the Government attempts to use to 114. COUNTRY CONFERENCE undermine the Better Schools Policy they promised to That this Country Labor Conference expresses its strong implement during the Federal Parliamentary Election commitment to the maintenance of strong, viable small Campaign of 2013: schools in our communities. Small schools of one or two ■ Make their support for the Better Schools Policy teachers are often the heart of their local communities. taken to the 2013 Election widely known both within and outside parliament; We reject the current NSW Government policy of downgrading the principals of small schools through the ■ Make a firm commitment to raise key objections with rollout of the ‘hub and spoke’ system. Each school needs the Parliament of Australia, its own principal on site. ■ Keep up the pressure on the Prime Minister and the Education Minister to implement the rollout of the Conference calls on a NSW Labor Government to roll Education Policy to be clearly maintaining the core back these policy changes and reinstate the principals of and intent of the Better Schools Funding policy as a small schools to being full principals, located on site at National Education Policy for Australian children. each school. Recommendation: Support. Recommendation: Support.

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115. COUNTRY CONFERENCE 121. COUNTRY CONFERENCE That Conference calls on a NSW Labor Government to That Conference condemns the NSW Liberal government ensure that there is agreement on a national definition of for changing the contestability funding model to disability and consistent collection of data for children with disadvantage TAFE NSW. We call on a NSW Labor disabilities, so that the funding for these children is realised Government to cap the contestability at the current level. as a matter of urgency. Recommendation: Support. Recommendation: Support. 122. COUNTRY CONFERENCE 116. COUNTRY CONFERENCE That Conference supports the call from former NSW That Conference supports the role of parents as Opposition Leader John Robertson to mandate a 15% advocates for their children within the school education quota for apprentices in Government procurement. system and supports the process of consultation with Conference calls on a future NSW Labor Government to parent advocates for children with special needs and reinstate the Tools for Trade and transport allowances, as circumstances within the NSW school education system. well as all employer incentives. Recommendation: Support. Recommendation: Support. 117. CONFERENCE WORKSHOP 123. COUNTRY CONFERENCE That Conference calls upon a NSW Labor Government That Conference implores a NSW Labor Government to to advocate for reinstatement of the 15 hour per week ensure that Aboriginal students are encouraged to use universal access to childcare for all 4 year olds. their native language. That in school communities where Recommendation: Support. there are Aboriginal students, the schools encourage participation of the local elders to raise awareness of the 118. COUNTRY CONFERENCE language within the school community. Further that all That Conference recognises the value of Early Childhood members of the school community be encourages to learn Educators during the major developmental years, as well the local Aboriginal languages. as the impact they have. Recommendation: Support. Conference calls on the Labor Party to reinstate pay equity between Early Childhood Educators and Early 124. COUNTRY CONFERENCE Primary Educators, which was implemented by the Gillard That Conference calls on NSW Labor to recognise that most Government. issues negatively impacting on student achievement generate from outside school, by committing to the placement of Recommendation: Support. university qualified school counsellors in all NSW schools. This in turn will support the decisions of the High Court of 119. COUNTRY CONFERENCE Australia on the funding of chaplains in State schools. That Conference reaffirms its support for the Gonski equity-based funding model and calls on a NSW Labor Recommendation: Support. Government to ensure that the Federal Government honours its agreement to fully fund the model for the full 125. COUNTRY CONFERENCE six years. Country Labor congratulates the Rudd/Gillard Government for their advocacy for education through the Gonski Recommendation: Support. Report and recommendations. Conference calls on both the Federal and State Liberal governments to clearly 120. COUNTRY CONFERENCE articulate the accountability framework/model for funds That Conference acknowledges that increasing teacher forwarded to funds forwarded to schools in NSW. workloads has an impact on teaching quality and calls on a NSW Labor Government to be active in considering Recommendation: Support. teacher workload in the implementation of all future teaching reforms. 126. COUNTRY CONFERENCE That Conference calls on a NSW Labor government Recommendation: Support. to consider providing support directly to individual school support organisations such as P&C and P&F to enhance the great contributions they make to our school communities. Recommendation: Support.

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127. COUNTRY CONFERENCE 131. FORSTER TUNCURRY BRANCH That Country Labor fight to support rural and regional Asylum Seekers universities by opposing the deregulation of universities, Conference strongly condemns the Federal Liberal changes to the current HECS fees regime and any Government’s handling of asylum seekers. Further, privatisation of Universities. Further, this Conference asks Conference asks the ALP to revise its position on Labor to ensuring that students in rural and remote areas asylum seekers, so as to allow voters, and those fleeing have equity of access to tertiary education. persecution, a means by which to access the morally Recommendation: Support. correct political policies of the Party which stands up for the rights of those who are abused, underprivileged 128. COUNTRY CONFERENCE and requiring the large hearts of those who reside in this That this Country Labor Conference recognises the role country that TAFE plays in our communities, for many, TAFE is the Recommendation: Support in principle. only second chance many Australians get. We support a strong, public and accessible education system that gives 132. GOULBURN BRANCH people options and enriches communities in a holistic way. Conference condemns the NSW Government for its TAFE secures a skills base built upon what a community backwards steps in the representation of women on needs, rather than what the market dictates. TAFE boards and advisory bodies in NSW. promotes lifelong learning, which is critical to ensuring Conference condemns the NSW Minister for Women’s that Country communities have dynamic and adaptable Affairs and MP for Goulburn Pru Goward for her lack of workforces. TAFE’s outreach programmes play an advocacy for women and gender equity. important role in achieving this. The TAFE system also plays an important role in addressing community mental Ms Goward has overseen the abolition of the NSW health and wellbeing. Premier’s Advisory Council for Women, and the abandonment of the ‘Male Champion for Change’ Award, Conference calls for: after just one year. ■ The capping of contestable funding at 25% to Ms Goward did not even convene the ‘NSW Women’s preserve TAFE’s pivotal place in our communities; Council for Economic Opportunity’ during its first year of ■ The NSW Labor Party to recognise the role of TAFE establishment. in addressing skills shortages in rural, regional, and remote Australia. Conference calls on Ms Goward, who professes to be an advocate for Women’s Affairs to address the issue Recommendation: Support in principle. of gender equity both in her portfolio, and in the NSW Government. 129. COUNTRY CONFERENCE Recommendation: Support. The methods of teaching today’s children with special needs requires our teachers to improve their skills in many areas. Professional development aids the teacher and the 133. GOULBURN BRANCH student. “Pedagogy” relates to those skills. Conference notes the damage to Australian’s retirement incomes as a result of the changes to superannuation Some children will learn directly from the textbook, others proposed by the Federal Government. will recognise the lesson as it is taught, but for many children this is not possible. One way to teach a skill is to Tony Abbott was being very cheeky and disingenuous show the student “what to do” and sit with the student when he says that it would be beneficial to workers to while they learn and to encourage them. defer the gradual increase of the superannuation rate from 9% to 12% so as to pocket the equivalent amount of That this country conference calls on the state government money in take-home pay. to allocate additional funding to train teachers to assist students with special needs how to learn. This 3% increase to the superannuation guarantee over the course of 5 years (as was the Labor Party policy) Recommendation: Support. represents about one year’s growth in average wages. 130. ARMIDALE BRANCH Since inflation and cost of living increases are 3% per annum, a wage increase to any worker of less than 3% is Women’s and Children’s Refuges tantamount to a pay cut in real dollar terms. Conference condemns the cuts into women’s and homelessness services particularly in regional areas, and Since Abbott was never been one to agitate for healthy demands that the funding be reinstated. wages growth (though he certainly did complain in 2007 when Kevin Rudd froze the automatic pay increases to Recommendation: Support. politicians), he would probably be quite happy for workers’

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wages to only grow by 3% over 5 years, when in fact they ■ Attack on the Australian Broadcasting Commission; ought to grow by 10-15% over that period. ■ Attack on the value and essential services the Any worker whose wages grew by just 3% between now Australian Broadcasting Commission delivers to rural and 2019 should probably speak to their union. Australia; Recommendation: Support in principle. The undermining of the respect of the contribution and importance of a National Broadcaster to deliver news and 134. LITHGOW BRANCH community media services that are neutral and impartial to all Australians. Women’s and Children’s Refuges Conference condemns the NSW Government for Conference respectfully calls on the Australian Labor slashing funding to women’s and children’s refuges Party members of the Federal Parliamentary Opposition to across NSW. Conference notes that such cuts will have reaffirm the essential and uniquely Australian quality of the a disproportionately severe effect in rural and regional non-commercial character of the Australian Broadcasting areas. Conference is concerned about increasing number Commission as an independent National Broadcaster for of religious organisations providing such services. When the Australian public. elected Conference calls upon a NSW Labor government Recommendation: Support. to reverse these cuts. Recommendation: Support. 137. NAMBUCCA RIVER BRANCH Conference, noting the appalling outcomes of the NSW 135. LITHGOW BRANCH Government’s Going Home Staying Home homelessness In light of events at the Manus Island detention centre, service reforms, calls on an incoming NSW Labor Conference calls on the Party to develop asylum seeker Government to review procurement processes for policy and language that reflects our respect for human non-government community based programs. Such rights and dignity. a review should address the increasing tendency for contracts to be awarded to larger, often not locally based, Recommendation: Support in principle. organisations. These trends, if not addressed, may lead to a more rapid decline in localism and impact significantly on 136. GOULBURN BRANCH the ability for smaller communities to access appropriate Conference denounces the National Liberal Party services or create their own solutions. Conference further Government’s attack on the value and contribution to condemns the current moves by the Federal Liberal Australian political and cultural life made by the Australian Government to abolish the ACNC, the Australian Charities Broadcasting Commission: and Not-for profits Commission.

■ The Australian Federal Government Ministers Recommendation: Support. and the Prime Minister have attacked the ability of the Australian Broadcasting Commission to 138. NSW YOUNG LABOR deliver impartial and politically balanced debate to NSW Liberals taking the Hunter for granted Australians With the former MP for the state seat of Newcastle, ■ The Australian Government needs to be critically Tim Owen, and the former MP for the state seat of objective in its assessment of the national Charlestown, Andrew Cornwell, resigning from the NSW broadcaster and avoid raising hysterical media Parliament following an ICAC inquiry, the NSW Liberal debates based on political objectives rather than in Party has decided not to contest the by-elections for the the National Interest two former Liberal seats. The Australian Federal Government to affirm the value and This decision clearly demonstrated the NSW Coalition contribution to the Australian public of neutral balanced Government’s complete and utter disregard for Regional inquiry and reporting. constituents, in particular those within the Hunter. The Australian Federal Government to affirm the value Conference condemns the NSW Coalition Government for and contribution to the Australian national identity by the preselecting the former state members for Newcastle and diverse media offering of the Australian Broadcasting Charlestown, and in the case of Mr Cornwell, providing Commission. the disgraced former MP with the parliamentary position of Conference respectfully calls on the Australian Labor Chief Government Whip. Party members of the Federal Parliamentary Opposition to Specifically, Country Labor condemns the Coalition for continue to challenge to the Governments Ministers and bringing the NSW Parliament into disrepute and tainting Prime Minister: the Parliament’s reputation.

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Furthermore, Conference condemns the NSW Liberal ■ Demands the State Government listen to the Party for their decision to abandon the Hunter region concerns of more than 500 people who signed by not contesting the two seats in their by-elections, a a petition calling for the Liberal-National Party shameful decision brought about by their fear of losing in Government to restore and increase police numbers. Miranda-esque fashion. Recommendation: Support. Recommendation: Support. Conference recognises that this is an issue right across country NSW. 139. LOWER CLARENCE That Country Conference condemns the Federal Liberal- 143. LITHGOW BRANCH National Government and the NSW State Liberal-National Rural and Regional Representation in the Government for their consistent attacks on country NSW Legislative Council youth. Conference calls on the State Opposition leader That Conference calls for such reforms to the Rules of the to prepare a solid strategy to address the destruction of NSW ALP as would ensure reasonable representation of youth services in country NSW as a policy platform for the Country Labor members in the NSW Legislative Council. next election. Recommendation: Support. Recommendation: Support. 144. LOWER CLARENCE BRANCH 140. WAGGA WAGGA BRANCH That Conference requests the NSW Labor Party to review Conference endorses the itemisation of those levies listed the NSW ALP website content. The website needs a as “miscellaneous” on a car CTP Green slip. position statement to reflect our belief in a fair and just Recommendation: Support. society and needs to utilise positive forward thinking statements. The website must reflect our ideology 141. LITHGOW BRANCH especially when both the State and Federal Liberal- National governments are deliberately pushing our Rank-and-File Pre-selection communities towards entrenched inequity. That Conference restates its strong support for the use of rank and file ballots when selecting candidates for Recommendation: Support in principle. the NSW Legislative Assembly, the Australian House of Representatives and local councils. 145. NSW YOUNG LABOR Young Labor-Country Labor Integration Recommendation: Support. There are many Young Labor members in Young Labor 142. TWEED BRANCH Associations (YLAs) that are within the boundaries by Country Labor. Currently many members of these YLAs Policing on the North Coast find it difficult to attend meetings of their local branch due That Conference: to the difficulties of travelling to meetings, and a lack of knowledge of the existence of a local branch within their ■ Expresses its deep concern about the National Party’s failure to honour its promise to provide area. additional police numbers to the North Coast, Young Labor members should be engaging not only with particularly the Tweed Byron Local Area Command the broader Young Labor, but with the NSW Labor as (LAC); well through branch meetings and local events. This is something that unfortunately does not extensively occur. ■ Notes officer numbers have fallen from 198 (including highway patrol officers) in February 2012 Country Labor should look at ways of assessing this to just 181 (including highway patrol officers) in July problem, and promoting integration between Young Labor 2014; members and Country Labor branches. ■ Further notes that before the 2011 State election, Country Labor notes that there are currently issues with Tweed National Party MP Geoff Provest called for an the way in which Young Labor members in country areas additional 59 officers for the Tweed Byron LAC; are engaging with the NSW Labor. ■ Recognises that the Tweed region has experienced Country Labor acknowledges the need to promote an increase in levels of crime, including rates of further integration of Young Labor members with country sexual assault, assaults on police, non-residential branches. break and enters, drug offences and breaches of Apprehended Violence Orders that are above the Country Labor believes that NSW Labor branches and state average for these offences; and regional YLAs should be at the very least aware of each other’s existence, and promote one another.

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The NSW Country Labor Organiser will work with the 148. QUEANBEYAN BRANCH Office Bearers and Executive of NSW Young Labor to Conference congratulates the Federal Parliamentary Labor assess the current relationship between Country Labor Party for setting up a formal Country Caucus. and Young Labor. NSW Country Labor looks forward to working with the Where possible, Country Labor branches will make Caucus on important regional policy matters. Country an effort to reach out to their region’s Young Labor Conference calls on the National Executive to establish a Association (YLA) in order to promote Young Labor Federal Country Labor Party as already endorsed by the members joining their local branch. National Conference. The NSW Country Labor Organiser will work to ensure Recommendation: Support. that Country Branches are in dialogue with their respective regional Young Labor Association (YLA). 149. COUNTRY CONFERENCE Recommendation: Support in principle. Conference congratulates NSW Head Office on holding a Country Labor looks forward to Young Labor holding community preselection for the NSW seat of Ballina. its next Regional Young Labor Conference. The local community embraced the community preselection process with over 2,300 local people 147. NSW YOUNG LABOR participating, the second highest turn out for a community Establishing a Young Labor Country Network preselection process yet. Conference also congratulates NSW Young Labor is arguably the greatest campaign the two candidates on conducting the campaign in an machine across the country. honest and open manner, putting the party’s interests first. Youth engagement with policy development ensures NSW This process has given Labor a real chance in the seat, and Country Labor stay relevant and connected to the raising the profile of our candidate and demonstrating next generation of leaders within our Party. that Labor has changed, is listening, and putting people first. Conference calls upon Head Office to hold more Young people in regional areas of NSW are community reselections, when appropriate, in Country disproportionately affected by the cruel policies enacted seats. under Liberal governments, particularly Tertiary Education and TAFE cuts, and cuts to government investment in Recommendation: Support. local infrastructure and social services. 150. TAREE BRANCH NSW Country Labor supports and encourages the establishment of a Young Labor Country Network to That CSG extraction and non-conventional gas extraction engage with youth on policy matters and support their be banned in highly productive agricultural areas, and involvement in the Party. areas of high environmental significance NSW Country Labor will assist NSW Young Labor in Recommendation: Amend to read: …be banned establishing a Young Labor Country Network. in prime agricultural areas… and support

Recommendation: Support in principle. 151. CESSNOCK BRANCH Conference calls on the State Parliamentary Labor Party 146. QUEANBEYAN BRANCH to change our mining, planning and gas seam policies Conference notes that the people of regional NSW have to allow for exploration licences to be given for specific a right to be properly represented in the NSW Parliament coal seams rather than the current system which grants a and calls on all sections of the party to support regional licence for everything below the surface. This would allow candidates in winnable positions in NSW Legislative coal mining on the upper seams and CSG mining on the Council pre-selections. lower seams. It would also keep CSG out of agricultural Further we call upon Conference to reserve a number and residential areas. Current exploration approvals of winnable legislative council seats for Country Labor should be encouraged to move to HD model with financial Candidates. incentives coming from the new exploration licences in conjunction with scientific committee regulation. Recommendation: Support in principle. Recommendation: Reject.

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152. BELLBIRD BRANCH Conference urges the State Parliamentary Labor Party to introduce a policy of returning mining royalties to the regions which produced them. Recommendation: Reject and note that the Country Labor committee supports the distribution of resources on a needs based system for such purposes including but not limited to regional development as outlined in 2014 Country Labor conference report.

153. BROKEN HILL BRANCH Conference calls upon NSW Labor to conduct a reassessment in consultation with local branches of the way election campaigns are managed in regional seats, in particular remote regional seats without extensive public transport links. This will ensure a more targeted and better use of limited campaign funds. Recommendation: Support.

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