AUSTRALIAN LABOR PARTY
National Constitution of the ALP
As amended at the 43rd ALP National Conference 2004
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National Constitution Contents
A. Objectives And Principles 1 D. Resolutions to Implement National 1. Origins 1 Principles of Organisation 18 1. 2&3. Objectives 1 General Membership System 18 National Constitution of the ALP 2. 4. Principles of Action 2 Party Communications 18 3. Responsibilities of National Executive 18 5–7. Membership and Organisation 2 4. Review of Campaign Techniques 18 B. Rules 3 5. National Organisation—Ongoing Review 18 1. Name 3 6. Preselections 19 2. Objectives 3 7. Internal Party Relationships 19 3. Head Office 3 8. Basic Principles 19 4. Composition 3 9. Preselections 19 5. Structure of Party Organisation 3 10. National Public Office Training Program 19 6. National Conference 4 E. Register of Conference Decisions 20 7. National Executive 5 1. Members Initiating Legal Proceedings 20 8. National Executive Committee 6 2. Union Elections 20 9. National President and National Vice-Presidents 7 3. Grievance Procedures 20 10. Affirmative Action 7 4. Affirmative Action 20 11. National Labor Women’s Network 8 5. Abortion 20 12. Finance 9 6. Conduct of Ballots 21 13. National Policy Committee 10 7. ALP Code of Conduct for Fundraising 21 14. Federal Parliamentary Labor Party 10 8. National Conference Decisions 22 15. Membership Recruitment 10 F. National Conference Standing Orders 23 16. National Life Membership 12 1. Chair of Conference 23 17. Australian Labor Advisory Council 12 2. Credentials 23 18. National Appeals Tribunal 12 3. Session Times 23 19. National Constitution Not Enforceable in Law 13 4. Order of Business 23 C. National Principles of Organisation 14 5. Motions and Amendments to 1. Determination of Policy and Binding Effect 14 Be Moved and Seconded 23 6. 2. Decisions of Caucus Binding 14 Members to Address Chair 23 7. Conduct of Debate 23 3. PLP to Elect Leaders and Ministry 14 8. Amendments 24 4. Election of Delegates to National Conference 14 9. Members to Speak Once Only 24 5. Composition of State Conferences 14 10. Procedural Motions 24 6. Membership 14 11. Effect of the Closure 24 7. Affiliation of Unions 14 12. Time Limit for Debate 24 8. Union Representation in State and 13. Reconsideration of Decisions 24 Territory Branches 15 14. Speakers For and Against to Alternate 24 9. Union Delegations 15 15. Interpretation of Policy 24 10. State and Territory Labor Advisory Councils 15 16. Consideration of Business Not on Agenda 24 11. Dialogue with Local Union Activists 15 17. Dissent in Chair 24 12. Members’ Rights 15 13. Organisation and Training 15 14. State and Territory Policy Committees 16 15. Preselections 17 16. Australian Young Labor 17 17. Indigenous Labor Network 17 18. Implementation of National Principles of Organisation 17 19&20. State and Territory Branch Rule Changes 17
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Part A (f) recognition and encouragement of the right of labour to organise for the protection and OBJECTIVES AND advancement of its interests; PRINCIPLES (g) the application of democracy in industry to
increase the opportunities for people to National Constitution of the ALP Origins work in satisfying, healthy and humane conditions; and to participate in and to 1. The Australian Labor Party had its origins in: increase their control over the decision —the aspirations of the Australian people for a making processes affecting them; decent, secure, dignified and constructive (h) the promotion of socially appropriate way of life; technology and the monitoring of its —the recognition by the trade union movement introduction to ensure that the needs and of the necessity for a political voice to take interests of labour, as well as the forward the struggle of the working class requirements of competitive industry and against the excesses, injustices and consumer demand, are taken into inequalities of capitalism; and consideration; —the commitment by the Australian people to (i) the restoration and maintenance of full the creation of an independent, free and employment; enlightened Australia. (j) the abolition of poverty, and the achievement of greater equality in the Objectives distribution of income, wealth and opportunity; 2. The Australian Labor Party is a democratic (k) social justice and equality for individuals, socialist party and has the objective of the 1 democratic socialisation of industry, production, the family and all social units, and the distribution and exchange, to the extent elimination of exploitation in the home; necessary to eliminate exploitation and other (l) equal access and rights to employment, anti-social features in these fields. education, information, technology, housing, health and welfare services, 3. To achieve the political and social values of cultural and leisure activities and the law; equality, democracy, liberty and social (m) reform of the Australian Constitution and cooperation inherent in this objective, the other political institutions to ensure that Australian Labor Party stands for: they reflect the will of the majority of (a) redistribution of political and economic Australian citizens and the existence of power so that all members of society have Australia as an independent republic; the opportunity to participate in the (n) recognition and protection of fundamental shaping and control of the institutions and political and civil rights, including freedom relationships which determine their lives; of expression, the press, assembly, (b) establishment and development of public association, conscience and religion; the enterprises, based upon federal, State and right to privacy; the protection of the other forms of social ownership, in individual from oppression by the state; appropriate sectors of the economy; and democratic reform of the Australian legal system; (c) democratic control and strategic social (o) the development of a democratic ownership of Australian natural resources communications system, as an integral for the benefit of all Australians; part of a free society, to which all citizens (d) maintenance of and support for a have opportunities for free access; competitive non-monopolistic private (p) elimination of discrimination and sector, including small business and exploitation on the grounds of class, farming, controlled and owned by race, sex, sexuality, religion, political Australians, operating within clear social affiliation, national origin, citizenship, age, guidelines and objectives; disability, regional location, economic or (e) the right to own private property; household status;
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(q) recognition of the prior ownership of Principles of Action Australian land by Aborigines and 4. The Australian Labor Party believes that the Islanders; recognition of their special and task of building democratic socialism is a essential relationship with the land as the cooperative process that requires:
National Constitution of the ALP basis of their culture; and a commitment to —constitutional action through the federal and the return of established traditional lands State Parliaments, municipal and other to the ownership of Aboriginal and Islander statutory authorities; communities; —union action; and (r) recognition and encouragement of —ongoing action by organised community diversity of cultural expression and lifestyle groups. within the Australian community; (s) the use, conservation and enhancement of Membership and Organisation Australia’s natural resources and environment so that the community’s total 5. Membership of the Australian Labor Party is quality of life, both now and into the future, open to all residents of Australia who are is maintained and improved; prepared to accept its objectives and who have associations with no other political party. (t) recognition of the need to work towards achieving ecologically sustainable 6. Australian Labor Party policy is made by development; National Conferences comprising the federal (u) maintenance of world peace; an and State parliamentary leadership of the independent Australian position in world Party, together with elected delegates from all affairs; the recognition of the right of all States, the Australian Capital Territory, the nations to self determination and Northern Territory and Australian Young Labor. 2 independence; regional and international 7. Party policy within the States and Territories is agreement for arms control and framed by conferences of delegates elected by disarmament; the provision of economic constituent branches and affiliated unions. and social aid to developing nations; a Policy within the Australian Labor Party is not commitment to resolve international made by directives from the leadership, but by conflicts through the UN; and a recognition resolutions originating from branches, affiliated of the inalienable right of all people to unions and individual Party members. liberty, equality, democracy and social justice; (v) commitment to and participation in the international democratic socialist movement as represented by the Socialist International; and (w) recognition of the right of citizens to work for progressive changes consistent with the broad principles of democratic socialism.
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Part B attitude of the Parliamentary Party to any question or matter in the Federal RULES Parliament, subject to: (i) at all times taking such action which
Name may be possible to implement the National Constitution of the ALP 1. The name of the Party shall be “The Australian Party’s Platform and Conference Labor Party”. decisions; (ii) on questions or matters which are not Objectives subject to National Platform or 2. The objectives of the Party are set out in the Conference or Executive decisions, Basic Principles as determined by the National the majority decision of Caucus being Conference. To achieve these objectives the binding upon all members in the ALP will act in accordance with the Principles parliament; and of Action and Progressive Reforms set out in (iii) no attitude being expressed which is the Party Platform from time to time. contrary to the provisions of the Party Platform or any other decision of Head Office National Conference or National 3. The Head Office of the Party shall be known as Executive. the National Secretariat and shall be (e) Australian Young Labor shall function in established in Centenary House, Barton, ACT accordance with the rules that may be or any other place determined by the National approved from time to time by the Executive from time to time. National Executive and subject to its control and jurisdiction. 3 Composition (f) The National Labor Women’s Network 4. The Party shall consist of branches in each shall function in accordance with the rules State, the Northern Territory and the Australian that may be approved from time to time by Capital Territory (hereinafter referred to as the National Executive and subject to its State Branches). control and jurisdiction.
Structure of Party Organisation (g) That a National Indigenous Labor Network be formed from the State Networks with 5. (a) The Party shall function upon the appropriate support from the National following basis: Office. The Network’s goals will be to: (i) National Conference, (i) attract and support Indigenous ALP (ii) National Executive, members; (iii) Federal Parliamentary Labor Party (ii) increase the involvement of (FPLP), and Indigenous people at all levels of the (iv) Australian Young Labor. ALP; (b) The National Conference shall be the (iii) provide a focus for the identification, supreme governing authority of the Party training and support of Indigenous and its decisions shall be binding upon candidates; every member and every section of (iv) increase awareness of Indigenous the Party. issues throughout the ALP; (c) The National Executive shall be the chief (v) increase commitment of Party administrative authority of the Party, members to greater representation of subject only to the National Conference. Indigenous people throughout the (d) The Federal Parliamentary Labor Party Party; and shall have authority in properly constituted (vi) encourage the employment of Caucus meetings to make decisions Indigenous people in staff and Party directed towards establishing the collective positions.
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National Conference maximum equal to half the State’s 6. (a) National Conference shall consist of 400 delegation. delegates, comprising: (ii) The credentials for State Branch (i) three delegates being the National proxies shall be circulated in advance National Constitution of the ALP President and National Vice- and accepted at the commencement Presidents elected under rule 9(a); of the Conference and no other proxies may be admitted. (ii) four delegates being the Leader and Deputy Leader of the Federal (iii) It is the responsibility of each State delegation to ensure that the Chair is Parliamentary Labor Party and the advised of all changes of delegation Leader and Deputy Leader of the during the Conference. No proxy shall Party in the Senate; participate in the debate of a report in (iii) six delegates elected from and by the which the delegate he/she is replacing Federal Parliamentary Labor Party; has participated. (iv) delegations from each State (iv) State and federal Leaders may each consisting of: nominate one proxy subject to a. the State Parliamentary Leader, paragraph (ii) above. Such proxies b. a base component of 12 persons, must be a member of the relevant and parliamentary party. c. a supplementary component of a (e) All delegates must be elected by a system number of persons equal to twice of proportional representation in a single the number of House of ballot with affirmative action in accordance Representatives electorates in with rule 10. 4 that State as at the previous 31 December; (f) Delegates shall be elected within 12 months prior to the date of National (v) delegations from each Territory Conference. consisting of: a. the Territory Parliamentary Leader, (g) State Branches cannot bind delegates with regard to their vote on any issue before b. a base component of 2 persons, the National Conference. and c. a supplementary component of a (h) National Conference shall be held every number of persons equal to twice three years in a location determined by the the number of House of National Executive which shall have the Representatives electorates in responsibility for determining the time of that Territory as at the previous the National Conference. 31 December; and (i) Special National Conferences may be (vi) three delegates from Australian held for specially stated purposes and Young Labor. shall be called in the manner prescribed by these Rules. (b) State Secretaries and members of the Federal Parliamentary Labor Party who (j) (i) The National President and National are not delegates to National Conference Vice-Presidents need not be shall be able to attend National delegates to National Conference, but Conference with the rights of delegates have the full rights of a delegate except that of voting. except that of voting. (c) All members of the State or Territory (ii) The National Secretary shall not be a Branch shall be eligible to be elected as delegate to National Conference, but delegates from that State or Territory. shall have the full rights of a delegate except that of voting. Proxy Delegates (k) The National Secretary, after receiving (d) (i) Each State shall be entitled to a instructions from the convening authority, minimum of two proxies up to a shall observe the following procedure
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for the purpose of establishing the (vi) delegates shall be entitled to Conference agenda: nominate their proxy for any meeting (i) give the following bodies three months or part of a meeting for which they notice to send items to the National are unable to attend.
Policy Committee: State Branches, (b) (i) The terms of all those elected by the National Constitution of the ALP Australian Young Labor, and Federal National Conference shall commence Electorate Councils, and trade unions at the conclusion of the National whose State branches are affiliated Conference at which they are elected. with the Party in a majority of States They shall be subject to re-election at in which they operate, all of which each Conference except the National shall have the right to submit items to Secretary who shall be subject to re- the National Policy Committee. Bodies election at every second Conference. so submitting items to the National (ii) Casual vacancies will be filled by the Policy Committee shall be notified in National Executive in accordance with writing of the Committee’s views on the principles of proportional such items; and representation. (ii) send to State Branches and other (iii) Casual vacancies for the positions of bodies represented at National National President, National Vice- Conference, agenda and any other Presidents and National Secretary documents related thereto at least one shall be filled by a ballot of the month before Conference meets. National Executive and the National Executive Committee shall institute National Executive procedures to hold a ballot. 5 7. (a) The National Executive of the Party, which Powers and Duties of the shall be the chief administrative authority National Executive subject only to National Conference, shall (c) Decisions of the National Executive shall be constituted in the following manner: be binding upon all sections and members (i) the National President and National of the ALP subject only to appeal to Vice-Presidents, who are directly National Conference. Pending the hearing elected by Party members in of any appeal, the decision of the National accordance with rule 9(a), have the Executive shall operate. The National full rights of a delegate except that of Executive shall: voting, unless elected as a delegate in (i) be the administrative authority their own right; carrying out the decisions of National (ii) 20 executive members elected by the Conference, and in the interpretation National Conference; of any Conference decision, the (iii) the National Secretary, who shall be National Platform and the Constitution elected by the National Conference, and Rules of the Party, and the shall not be a delegate but shall have direction of federal members; the full rights of a delegate except that (ii) convene National Conferences in of voting; accordance with these Rules; (iv) the Leader of the Federal (iii) convene Special National Parliamentary Labor Party or proxy Conferences when requested by a nominated by the Leader. Such proxy majority of State Branches for special must be a member of the Federal purpose(s), providing that such Parliamentary Party; purpose(s) is/are national in character. (v) State Secretaries who are not The National Executive may also, on delegates to the National Executive its own motion, convene such shall be able to attend National Conferences; Executive meetings with the rights of (iv) elect a National Executive Committee delegates except that of voting; and and such other committees, including
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the National Policy Committee, as it opinion of an absolute majority of may determine from time to time; members of the Executive, affect the (v) meet at least three times a year, and general welfare of the Labor at such other times as the Executive Movement, provided that no decision
National Constitution of the ALP may determine, for the purpose of of National Conference shall be considering and determining all abrogated under this rule; matters that are properly before it. (xii) in the case of any State Executive, Subject to these Rules only State State Branch or section of the ALP Branches, Australian Young Labor, the acting or having acted in a manner Federal Parliamentary Labor Party deemed by the National Executive to and trade unions whose State be contrary to the National branches are affiliated with the Party Constitution, Platform and Policy of in a majority of States in which they the Party as interpreted by the operate shall be competent to send National Executive, the National matters to the National Executive; Executive may overrule such State (vi) initiate discussions of any question of Executive, State Branch or section a national nature if a majority of the and/or may declare that same no Executive so decides; longer exists, and shall set up in place thereof an organisation competent to (vii) determine the time and place of all carry out the National Constitution, meetings. However, special meetings Platform and Policy of the ALP. of the National Executive may be Pending the hearing of any appeal, convened with the agreement of a the decision of the National Executive majority of delegates or by unanimous 6 shall operate. In the event of the decision of the National Officers; National Executive taking any action (viii) be competent to hear and decide under this paragraph, the National appeals from any affiliated Executive shall be the body to organisation or individual member approve any selection which against the decision of any State otherwise would have been made by Conference or State Executive alleged the body affected by the National to be inconsistent with any national Executive decision; and decision or matter; (xiii) the National Executive, in part, (ix) where any member or affiliated combined with the parliamentary organisation desires to appeal to the leadership and Caucus National Executive on a question representatives would be combined which does not involve any national to form a revamped Political decision or matter, leave to appeal Coordination Committee. Such a must first be obtained from the State committee is to meet regularly to Branch concerned; discuss key strategic issues facing (x) hear and decide an appeal from any the Parliamentary Party. person seeking to be a candidate for federal elections against a decision of National Executive Committee any State Conference or State Executive affecting his/her 8. (a) The National Executive Committee (NEC) preselection or endorsement, shall consist of the National Secretary and providing that leave to appeal is such other members of the National granted by the National Executive. Executive as may be elected by the Such leave to appeal is not to be National Executive. granted except by a decision in which (b) The National Executive Committee shall 11 members vote affirmatively; be responsible for the administration (xi) have plenary powers to deal with and of the Party between meetings of the decide any matters which, in the National Executive.
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(c) They shall meet at least once between (c) The National President, when available, will each two meetings of the National chair National Conference and meetings of Executive for the purpose of preparing the the National Executive, and conduct such agenda and making recommendations to meetings in accordance with the National Conference Standing Orders. The National
expedite the business of the National National Constitution of the ALP Executive. President will carry out any other duties referred by the National Executive. (d) Other than in urgent situations which preclude either a special meeting of the (d) The National Vice-Presidents in order of National Executive or a postal vote of seniority will take the Chair in the absence Executive members, the NEC shall not of the National President, and carry out have the power to make decisions on any other duties referred by the National behalf of the National Executive. Executive.
(e) Any actions taken by the NEC between Affirmative Action Executive meetings shall be reported to the next meeting of the Executive for 10. The ALP is committed to men and women in endorsement. the Party working in equal partnership. It is our objective to have equal numbers of men and (f) The non-parliamentary members of the women at all levels in the Party organisation, NEC shall also be members of the and in public office positions the Party holds. companies John Curtin House Limited and To achieve this the Party adopts a ALP Legacies and Gifts. comprehensive affirmative action model of 40:40:20, as set out below, whereby a National President and minimum of 40% of relevant positions shall be National Vice-Presidents held by either gender. 7 9. (a) The National President and 2 National Party Positions Vice-Presidents must be directly elected from and by Party members in the (a) All elections, other than public office preselections conducted by national and 12 months before each triennial National State level Party units for three or more Conference in a single ballot by positions, shall comply with the affirmative proportional representation with affirmative action model. Not less than 40% of such action in accordance with rule 10. positions shall be held by women, and not (b) (i) The candidate first elected holds office less than 40% by men, provided that in turn as National President, National sufficient candidates of the relevant gender Junior Vice-President and National nominate (“the basic entitlement”). If the Senior Vice-President. calculation to determine the basic (ii) The candidate second elected holds entitlement results in a fraction of one half office in turn as National Senior Vice- or more then the basic entitlement shall be President, National President and the next higher whole number, and where National Junior Vice-President. it results in a fraction of less than one half it shall be the next lower number. (iii) The candidate third elected holds office in turn as National Junior Vice- Union Delegations President, National Senior Vice- (b) Union delegations to Party conferences President and National President. and forums shall comply with the (iv) The term of office in each position is affirmative action model. Not less than 12 months, beginning at the 40% of a union’s delegation shall be commencement of National women, and not less than 40% shall be Conference or on the anniversary of men (“the minimum representation”). that date, except that the term of Provided that if the level of male or female office in the third position ends at the membership of a union is less than 40%, commencement of the next triennial the minimum representation shall be set at National Conference. that level.
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Public Office Preselection Transitional Provisions —Former Rule 12 (c) Preselections for public office positions to Continue to Apply at a State and federal level shall comply (g) Any preselection round held after this rule with the affirmative action model in this is adopted by National Conference, but
National Constitution of the ALP rule 10(c). prior to 1 January 2012, shall comply with PRINCIPLES the provisions of rule 12 as it was immediately prior to the adoption of this (i) The intention of this rule is to produce rule (“the former rule”), except that the an outcome where not less than 40% reference in the former rule 12(d) to the of seats held by Labor will be filled by women, and not less than 40% by year 2002 shall be read as a reference to men (“the minimum target”). the year 2011 so that it is clear that the National Executive continues to have the (ii) This minimum target shall apply to power to enforce the requirement of a any preselection round taking place 35 per cent target in relation to all after 1 January 2012. preselection rounds held between the (iii) The remaining 20% of the seats held adoption of this rule and 2011. by Labor may be filled by candidates of either gender. National Labor Women’s Network IMPLEMENTATION (iv) State and Territory Branches shall be Membership required to amend their rules so as to 11. (a) (i) There will be a National Labor achieve the minimum target by Women’s Network. applying these principles to the (ii) Every woman member of the Party is 8 relevant seats. automatically a member of the (v) For the purposes of paragraph (iv), National Labor Women’s Network. the relevant seats shall include: (iii) There will be no membership fee at a. in relation to lower houses, those the national level. seats needed to form government, or those seats held by Labor, Role of the NLWN whichever is the greater; and (b) The role of the National Labor Women’s b. in relation to upper houses, at Network is: least 50% of seats in the upper (i) to encourage women to join and house, or those seats held by participate in the Australian Labor Labor, whichever is the greater. Party; (d) The National Executive shall have the (ii) to increase the numbers of women in responsibility and the power to enforce the Party; rules 10(a)–(c) generally and specifically to (iii) to maintain and expand e- determine the outcome in any public office communication between Labor preselection progressively between now women; and the year 2012 in order to ensure that this rule is complied with. (iv) to devise and promote training programs to improve the skills, (e) Each State and Territory Branch must no confidence and participation of Labor later than 1 November each year provide women throughout the ALP; a report to its Administrative Committee or State Executive and to the National (v) to sponsor and expand the NLWN Executive on the implementation of political work experience program; rules 10(a)–(c). (vi) to develop and promote women within (f) Each State and Territory Branch must branches and other structures of the ensure that its rules are consistent ALP as well as to elected office; with this rule, and are submitted to the (vii) to organise, in conjunction with the National Executive for approval by host State or Territory, the National 1 November 2003. Labor Women’s Conferences;
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(viii) to administer travel subsidy to the (ii) The NLWN will regularly meet with National Labor Women’s Conferences; State and Territory representatives of (ix) to promote contact between the ALP the LWN by telephone conference. and women’s organisations in the (iii) The structure of State and Territory
community; National Constitution of the ALP Labor Women’s Networks will be (x) to assist in the development of policy determined by each State and and ensure women participate in Territory although uniformity is policy making; and desirable. (xi) to nominate representatives to women’s forums, including (iv) The NLWN will continue to develop international women’s forums. materials, share programs and information to assist and support National Executive State LWNs. (c) (i) The NLWN Executive will consist of 15 women members of the ALP, representing all States and Territories. Finance (ii) The members of the NLWN Executive 12. (a) To meet the general expenses of the Party, will elect a Convenor, Secretary and each State Branch shall pay each year, to Communications Officer. the National Executive through the National (iii) The NLWN Executive will be elected Secretary, a sum representing a rate per by the National Conference. thousand adult members, and a rate per (iv) Women members of the ALP National thousand pensioner and student/junior Executive and the Federal Minister or members. The total due shall be paid in Shadow Minister for the Status of four quarterly instalments on 1 January, 9 Women shall be ex-officio members 1 April, 1 July and 1 October. The National of the NLWN Executive. Executive shall have the power to fix (v) Nominees for the NLWN Executive sustentation fees. do not have to be delegates to the (b) In the event of a State Branch being six National Conference at which they months in arrears in its contributions to the are elected. Party, the National Executive may decide (vi) Members of the NLWN Executive shall that such Branch shall not be entitled to be be able to nominate their proxy for represented at any meeting of the National NLWN Executive meetings. Executive or National Conference, or be (vii) The NLWN Executive will provide an consulted on any question that may be annual report of its activities to the subject to a ballot of State Branches, until National Executive, State and Territory such arrears are paid. Branches and State and Territory women’s organisations. (c) Upon request, State and Territory (viii) The NLWN Executive will meet Branches shall report financial information monthly by telephone and twice a to the National Secretary in a standard year, face to face, with travel funded format determined by the National through the National Secretariat. Executive. (ix) Accounts and financing will be run through the National Secretariat, (d) The National Executive shall determine an within an annual budget, allocated by annual budget for travel costs and the National Executive. administer an equalisation pool for such costs associated with National State Women ’s Groups and Interaction Conferences and the National Executive. (d) (i) The NLWN will co-ordinate contact with State and Territory branches of (e) The National Executive shall meet the the Labor Women’s Network , other expenses of the National President Labor women’s organisations and attending National Conference and the women’s contact officers. expenses of any officers associated with
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any duty being carried out on behalf of the (iii) preparing the draft Platform for National Executive. consideration by National Conference;
(f) Each Branch shall pay to the National (iv) actively participating in the formulation Executive not later than 31 December of of policy at National Conference; National Constitution of the ALP each year the appropriate fee, to be (v) taking into account all policy determined by the National Executive, for resolutions passed by State and international affiliations or activities Territory Conferences; associated therewith. (vi) considering all policy resolutions sent (g) The National Executive shall authorise the to it by State and Territory Policy National Secretary to negotiate banking Committees and other constituent facilities on behalf of the National units; and Executive of the Party and determine the (vii) in conjunction with State and Territory manner in which the Party’s accounts shall Policy Committees, conducting regular be operated including the signatories to policy forums in which rank and file the Party’s bank accounts. participation is encouraged. (h) Fundraising by the Labor Party at State, (c) The Committee has power to co-opt non- Territory and national levels and by the voting members with particular expertise to Labor Party candidates for public office the Committee when examining specific shall be governed by the ALP Code of policy areas. Conduct for Fundraising as approved by the National Executive. (d) The Committee will work closely with the convenors of the State and Territory Policy 10 (i) All accounts conducted for candidates Committees, and will be resourced by the whether at Commonwealth, State or National Secretariat. municipal elections shall include the Australian Labor Party in their title. Furthermore, they shall be controlled by Federal Parliamentary Labor Party that level of Party organisation with the 14. (a) No State Branch may direct or discipline identical relevant signatories, be audited at members of the FPLP in regard to matters the July meeting of such Party affecting the National Platform or policy or organisations and such annual accounts upon legislation before the parliament or shall be forwarded to the Party State any matters the subject of consideration Branch for inclusion in the Party’s annual by the FPLP. account reporting process to the Australian Electoral Commission. (b) The power of direction, advice and/or guidance is reserved for the National Conference and between Conferences, National Policy Committee the National Executive. 13. (a) At its first meeting after each triennial National Conference, the National Membership Recruitment Executive must appoint a National Policy Committee consisting of a Chair, Deputy 15. (a) It is an abuse of Party rules for an Chair and seven other members, all of individual or group/s to fund Party whom have considerable experience in membership for other individuals or groups policy development. of individuals who would otherwise be unwilling to pay their own subscriptions. (b) The Committee will be responsible for: (b) It is an abuse of Party rules for an (i) coordinating development of the Party individual or group/s to encourage Platform; reduced-rate membership to people that (ii) conducting ongoing reviews of the may not be eligible for that category of Platform; membership.
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(c) It is an abuse of Party rules for an (g) Notwithstanding the above, a Party individual or group/s to recruit members member’s membership may also be who do not live at the claimed addresses renewed by a family member resident in in an attempt to gain advantage at local the same household.
Party meetings or the outcome of Party (h) All records associated with the payment National Constitution of the ALP ballots. of membership fees shall be available to (d) It is a requirement of Party rules for any full-time officer of the State Branch members, where eligible, to join or transfer upon request. to the branch or sub-branch which has (i) In order to prevent the “bulk renewal” of geographical coverage, in accordance with other members, the National Executive State or Territory Branch rules, of the must prescribe membership application address at which the member is enrolled and renewal forms for use by all State and to vote. Members must, at the time of Territory Branches that: joining or transferring to the branch or (i) require the signature of the applicant sub-branch, either be correctly enrolled or member authorising the application with the Australian Electoral Commission or renewal; and to vote in a federal election at their stated (ii) contain a declaration by any applicant address or not be so entitled because they or member paying a reduced-rate are under 18 years of age or not an subscription that they are entitled to Australian citizen. that reduced rate. The declaration (e) It is a requirement of the Party rules for must also indicate the basis on which members to personally apply for the member is claiming this membership and renew membership by entitlement. State or Territory 11 signing their own membership application Branches may also set standard or renewal form and either: requirements of evidence to be met by members claiming this entitlement. (i) organising to post the form back to (j) All State and Territory Branches must State Branch office with an implement an appropriate cap or appropriate fee; limitation/review procedure relating to the (ii) by personally attending the State number of members that may validly apply Branch office or arranging a person to to join the ALP at a local branch or sub- attend on their behalf and paying their branch meeting. Members who seek to membership fees (identification shall transfer into a branch or sub-branch shall be necessary); or be included/counted for the purposes of (iii) subject to the rules of a State Branch, determining the number of members to by personally attending their local which the cap or limitation applies. branch meeting and paying their fees (k) Involvement in such abuses will be to the Secretary during the meeting. In considered as behaviour likely to bring the this regard, the money shall be Party into disrepute and will result in receipted to the member and the disciplinary action which may include member’s attendance recorded in any expulsion under the rules of the Party. attendance book. The Secretary shall (l) All State and Territory Branch rules must, forward such moneys to the State where necessary, establish a tribunal to Branch office along with the signed effectively resolve disputes concerning membership renewal forms. membership. All State dispute tribunals will (f) A Party member may also renew their operate according to due process and membership by phone or the internet using according to the national membership their personal credit card or by signing a principles and rules. standing authority for the renewal of (m) All State and Territory Branch rules must membership via their personal credit card contain a procedure that permits a or bank account. decision to admit a person as a Party
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member to be reviewed, where there is an Australian Labor Advisory Council allegation that the person was ineligible to 17. (a) There will be an Australian Labor Advisory become a Party member. Council (ALAC), consisting of the Leader (n) All State and Territory Branch rules must and senior members of the Federal
National Constitution of the ALP permit 50 members or 25% of the Parliamentary Labor Party, the National members in a federal electorate, President and National Secretary or their whichever is the lesser, to petition the nominees, and representatives of the Administrative Committee or State Australian Council of Trade Unions. Executive to investigate any allegations of (b) The role of ALAC will be to provide a breaches of this rule in that electorate. formal consultative mechanism between (o) In order to ensure that these rules are the Party and the union movement. given effect, the State and Territory (c) The National Policy Committee must Branches of ALP be required to amend, consult with ALAC in relation to Party where necessary, their rules to reflect policy relevant to ALAC’s role, and these National Rules. Such amended rules resolutions of ALAC relevant to Party will be presented to the National Executive policy must be considered by the National no later than 1 November 2003. Policy Committee. (p) The National Executive must continue: (d) ALAC must meet at least twice each year, (i) to monitor and enforce compliance the meetings to be resourced by the with this rule; and National Secretariat. National Appeals (ii) to review the operation of this rule to Tribunal ensure the integrity of the Party’s membership processes. National Appeals Tribunal 12 (q) All States and Territory Branches must 18. (a) The National Executive must: provide to the National Executive a (i) at its first meeting after each triennial complete current Branch membership list National Conference; and by no later than 31 July of each year. (ii) whenever there is a vacancy in a position; National Life Membership by a three-quarters majority of all voting 16. (a) The National Executive can award members appoint three persons to form the national life membership of the Australian panel for the National Appeals Tribunal. Labor Party. (b) A member of the panel may only be (b) Nominees for national life membership removed by a three-quarters majority of all must be longstanding members of the voting members of the National Executive. Party and have provided distinguished (c) In respect of each appeal, the Tribunal is service to the Party at a national level. constituted by a member of the panel (c) Only the National Executive, State determined by lot under the supervision of Branches, federal electorate bodies and the National Secretary. nationally affiliated unions can make (d) The Tribunal is responsible on behalf of nominations for national life membership. the National Executive for hearing all Nominations should describe the appeals by members, affiliated unions and background and history of service of the constituent units of the Party that relate to: nominee particularly their contribution at a (i) compliance with the National national level. Constitution; or (d) Nominations for national life membership (ii) enforcement of the rights and must be forwarded to the National obligations of members, affiliated Secretary at least one month prior to a unions and constituent units under the meeting of the National Executive. National Constitution; (e) National life membership shall only be and making recommendations to the awarded with the unanimous support of National Executive in relation to those the National Executive. appeals.
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(e) No appeal may be heard by the Tribunal National Constitution Not until all practicable avenues of appeal Enforceable in Law have been exhausted under the rules of 19. (a) In this rule “National Constitution” means the relevant State or Territory Branch. all national constituent instruments of the
(f) The Tribunal must: Party, and includes the national Objectives National Constitution of the ALP (i) comply with the rules of procedural and Principles, the national Rules, the fairness in conducting hearings; National Principles of Organisation, and all resolutions of National Conference and the (ii) (subject to paragraph (i)) conduct its National Executive relating to the structure hearings as expeditiously as possible; and organisation of the Party. and (b) It is intended that the National Constitution (iii) give the National Executive and all and everything done in connection with it, parties to the appeal written reasons all arrangements relating to it (whether for its recommendations. express or implied) and any agreement or (g) The National Executive: business entered into or payment made or (i) must promptly consider all under the National Constitution, will not recommendations of the Tribunal; and bring about any legal relationship, rights, duties or outcome of any kind, or be (ii) may make any decision in relation to enforceable by law, or be the subject of the appeal it thinks fit. legal proceedings. Instead all (h) The Tribunal: arrangements, agreements and business (i) must prescribe guidelines for the are only binding in honour. conduct of appeals, including the (c) Without limiting rule 19(b), it is further 13 granting of leave by the Tribunal to expressly intended that all disputes within hear appeals; and the Party, or between one member and (ii) may otherwise regulate its own another that relate to the Party be resolved procedure; in accordance with the National Constitution and the rules of the State and subject to these Rules and any direction of Territory Branches and not through legal the National Executive. proceedings. (i) In this rule “National Constitution” has the (d) By joining the Party and remaining same meaning as in rule 19. members, all members of the Party (j) The powers of the National Executive consent to be bound by this rule. under this rule are in addition to, and not in derogation from, those contained in rule 7(c).
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Part C associations with no other political party or proscribed organisation. This right to NATIONAL PRINCIPLES OF join shall not be impaired other than in ORGANISATION circumstances in which it can be
National Constitution of the ALP demonstrated clearly that an individual cannot meet the requirement outlined 1. Policy at the national, State and Territory level above. shall be determined by the national, State and Territory conferences respectively. Such (b) Members of the Party are encouraged to decisions shall be binding on every member be members of a union or to employ and every section of the Party, or of the union labour. State and Territory Branch relevant State or Territory Branch. rules should require members of the Party to be members of a union or to employ 2. On matters that are not subject to National union labour to the maximum extent Platform or Conference or Executive decisions, permitted by law. or their State and Territory equivalents, the majority decision of the relevant Parliamentary (c) To further encourage union members Labor Party shall be binding upon all members to join the Party, State and Territory of the parliament. Branches should offer discounts in membership subscriptions for members 3. In all parliaments, the parliamentary leadership, of affiliated unions. the Ministry and Shadow Ministry shall be elected by the Parliamentary Labor Party. Affiliation of Unions Election of Delegates to 7. (a) All bona fide unions shall have the right to 14 National Conference affiliate to the ALP. This right to affiliate shall not be impaired unless it can be 4. State and Territory Branch delegates to demonstrated clearly that the relevant National Conference (including proxy organisation is not a bona fide union or that delegates) must be elected in accordance with the organisation has engaged in conduct the rules of that State or Territory Branch, that renders it unsuitable to be affiliated. subject to rule 6. (b) For the purposes of calculating union delegation sizes and affiliation fees, the Composition of State Conferences number of members of each affiliated 5. (a) In all States the State Conference shall union must be determined each year comprise 50 percent union representatives by an independent audit by a registered and 50 percent constituency Party auditor of: representatives. (This shall not bind (i) the number of members eligible to Territory Branches until the proportion of vote in a ballot for an office in that unions affiliated is equivalent to that in the union at 30 June as conducted by the States. This principle shall apply to all appropriate Electoral Commission/s, State level Party units comprised of and direct representatives of unions and (ii) the number of members identified in constituency units.) paragraph (i) above for whom the (b) State Branches should increase or union received an amount of dues in maintain the size of State Conferences, relation to the period between 1 April which should have greater rank and file and 30 June inclusive for that year. involvement. (c) Each affiliated union must by 4.00 p.m. on the last Friday in February each year Membership provide to the State or Territory Branch in 6. (a) Membership of the ALP is open to all a sealed envelope: residents of Australia who are prepared to (i) the independent audit report for the accept its objectives and who have previous year, and
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(ii) advice on the number of members Dialogue with Local Union that union will affiliate on for the Activists current year, 11. All Labor MPs must establish dialogue with local union activists in their electorates, and all such sealed envelopes must be
including frequent meetings with those union National Constitution of the ALP opened at the same time in the presence activists who work in their area. Senators and of scrutineers appointed by affiliated MLCs must be invited to attend such meetings. unions.
(d) Union delegation sizes must be based on Members’ Rights the three year rolling average of that 12. The following are to be established as union’s affiliation for the current and two minimum standards: preceding years (except that affiliation figures before 2002 must not be used to (a) The process of joining the Party shall determine a union’s rolling average). be simplified and all unnecessary impediments to that process shall be (e) Each State and Territory Branch (other removed from State and Territory than the Queensland Branch) must amend Branch rules. its rules to implement clauses 7(b)–(d) (b) Subject to any attendance requirements in above in accordance with the model the State or Territory, full membership adopted by the National Executive for the rights in all States and Territories shall Queensland Branch on 12 April 2002. begin to accrue in accordance with the 8. Each State and Territory Branch should relevant State or Territory requirements develop an equitable basis of determining and those rights shall accumulate, to a union entitlement for representation at maximum, following two years consecutive 15 relevant State level Party units. This shall not membership. These rights include: being prevent State Branches making reasonable eligible for preselection; standing and voting for or standing on, the various Party special arrangements for the representation bodies and executives. of small unions. (c) Each State and Territory Branch must adopt rules that establish an appeals Union Delegations process in relation to compliance with and 9. Subject to rule 10(b), it shall be the right of enforcement of Branch Rules by members, each union to determine the criteria and affiliated unions and constituent units of procedures for selection of its delegates, the Branch, such rules to be submitted to subject to those delegates being members of the National Executive for approval by that union and financial members of the Party. 1 November 2003. The appeals process must include compliance with the rules of procedural fairness, expedited hearings State and Territory Labor and written reasons for decision. Advisory Councils
10. (a) Labor Advisory Council (LAC), consisting Organisation and Training of the Leader and senior members of the 13. (a) In addition to geographically based local State or Territory Parliamentary Labor branches within State and federal Party, the State or Territory President electorates, State and Territory Branches and Secretary or their nominees, and should consider different forms of rank and representatives of the Trades and file organisation, such as: Labour Council or equivalent body in that (i) occupation, workplace and State or Territory. employment related branches, (b) The role of the LAC will be to provide a (ii) university and TAFE campus formal consultative mechanism between branches, and the Party and the union movement in that (iii) policy forums (including online State or Territory. forums).
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However, any attendance requirements in Women’s Contact Officers, Community State and Territory Branch rules will Activities Officers and the Policy continue only to be met through Development Officers. attendance at geographically based (k) The Policy Development Officer at a State
National Constitution of the ALP local branches. Office level and at State and federal (b) The number of local branches in electorate level shall be responsible for metropolitan areas should be consolidated coordinating policy input on local, State or to provide for larger meetings and better federal matters, as appropriate, and work branch organisation. within a defined relationship between (c) Branches should be involved in local those electorate based Policy Committees community activities, and should provide and State and Territory Policy Committees regular updates and suggestions of events and/or the National Policy Committee. in which members might participate. (l) Each State Branch shall develop training (d) Local branches and MPs should institute, programs for Branch executives, and participate in, regular joint community candidates and activists, as well as consultation processes in their electorates introductory programs for new Party to raise the profile of the ALP and provide members and mentoring and development feedback on policy and Party initiatives. programs targeting women. The National Secretariat shall assist in the development (e) MPs and State and Territory Branches of such programs. should respond to branch correspondence promptly so that branch members know (m) State and Territory Branches should form their contribution has been considered. 16 supporters clubs, and explore the (f) State and Territory Branches should ask possibility of the creation of an associate branches to nominate either a women’s class of membership as a way of officer or contact person to assist the broadening involvement in the Party. development of equitable participation for women in the Party. State and Territory Policy (g) State and Territory Branch rules should Committees provide for a forum of all members within 14. (a) State and Territory Branches should each federal electorate to be held at least expand and improve the system of State once each year. and Territory Policy Committees, which (h) The Federal Electorate Council (FEC), or should be linked to any policy forums that combinations thereof, shall be encouraged have been established. to appoint a Women’s Contact Officer, (b) All Party members should be eligible to Community Activities Officer and a Policy attend State and Territory Policy Development Officer when electing or Committee meetings to contribute appointing its executive. specialised knowledge and expertise on (i) The Community Activities Officer and policy issues. However, final decisions on Women’s Contact Officer shall assist the policy documents should continue to be local branches to identify the major issues taken by elected Committee members. within the community, within which they Committees should, where feasible, should be active and assist in the conduct forums and consultations in development of either endorsed or regional centres. unendorsed (depending on the State (c) Resolutions passed by Party units should Branches) candidates for local government be circulated to the relevant Ministers and or other community bodies. Shadow Ministers, State and Territory (j) The State Branches shall assume within Policy Committees and the National Policy their organisational structure the Committee for consideration and responsibilities of coordinating the response.
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Preselections Indigenous Labor Network 15. (a) Any member who meets the membership 17. That each State and Territory Branch form eligibility requirements shall be entitled to an Indigenous Labor Network. Membership participate in voting for a candidate in any should be open to all Indigenous people
preselection covered by the applicable who are members of the ALP. Non-Indigenous National Constitution of the ALP boundaries within which they reside, ALP members can nominate to be subject to clause 15(c). associate members. (b) The only residential boundaries that can affect that right are those devised by either Implementation of National federal, State or municipal electoral Principles of Organisation commissions. That is, the entitlement is 18. The National Executive will monitor the guaranteed by the publicly known and implementation of these National Principles of independently drawn boundaries of Organisation in consultation with the State and respective electoral commissions. Territory Branches. These Principles will apply Therefore, if you live within the respective equally to all State and Territory Branches electorate and meet other criteria within unless otherwise stated. the rules you are eligible to vote in the preselection. State and Territory Branch (c) To ensure the integrity of preselection Rule Changes ballots, no member shall receive a vote in 19. All State and Territory Branch rules must be any preselection unless that member is revised in accordance with these National correctly enrolled with the Australian Principles of Organisation as amended at Electoral Commission to vote in a federal the Special Rules National Conference held 17 election. The member’s address for the in October 2002, and be submitted to the purposes of preselection will be their National Executive for endorsement no later enrolled address. than 1 November 2003. (d) In order to ensure that MPs are fulfilling 20. local responsibilities, State and Territory That, pursuant to rule 7(c)(i), the National Branches must: Executive be empowered to amend the rules of any State Branch as required to implement the (i) introduce a system of compulsory National Principles of Organisation. candidate forums during preselection processes; and (ii) develop a system of reporting to federal electorate bodies the activities of their MP.
Australian Young Labor 16. Every State and Territory Administrative Committee or State Executive should consider co-opting a non-voting member or members of Young Labor.
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Part D (d) liaison with community organisations, (e) campaign technique development for Party RESOLUTIONS TO members and constituent units, and IMPLEMENT NATIONAL (f) Party communication; National Constitution of the ALP PRINCIPLES OF and to organise the Manning Clark Labor ORGANISATION History Memorial Lecture at each National Conference of the Party. General Membership System 1. (a) Each State should adopt a system to Review of Campaign Techniques allow applications to be processed and 4. That National Conference instructs the National accepted by the head office thus allowing Executive and State Administrative Committees potential expansion of a general to undertake a review of campaign techniques membership system. to ensure continued electoral success. The (b) A general member initially has only the following principles are central to such a review: right to take up at their initiative the (a) the need for redevelopment of campaign process of becoming a full member through skills within safe Labor seats; the Branch membership system. The (b) the need for continuous workplace general members are to be encouraged to campaigns to be developed in consultation contribute to the Party in whatever way with the trade union movement; they can and they are bound to assume the responsibilities of supporting the Party (c) improved liaison with community both privately and publicly. organisations; and 18 (c) Any general member of five years or more (d) continued development of ministerial standing could be considered for involvement at the local level. preselection provided the majority request of all Party members in their respective National Organisation— electorate was made and/or the majority Ongoing Review request of that State Branch Administrative 5. (a) That the National Executive take Committee or Executive was made. responsibility for an ongoing process of (for guidance to the State Branches) organisational review. The National Executive should establish a Standing Party Communications Committee to initiate proposals, or receive 2. The National Secretary shall be requested to submissions from members and affiliates, prepare an annual budget for internal Party on the Party’s rules, structures and communications, to include methods of political effectiveness. financing, as well as expenditure. The National (b) That an ongoing National Organisational Executive shall liaise with the State and Review Committee (ORC) be established Territory Branches with the objective of with appropriate delegated powers under improving internal Party communications. the guidance of the National Executive to (for direction to the National Secretariat) continue the process of improving the effectiveness, participation and Responsibilities of National accountability of the Party’s organisation. Executive (c) That the ORC undergo a consultative 3. That the responsibilities of National Executive process with State Branches, union be clarified to ensure appropriate powers to affiliates, Party units and members on manage the Party’s: strategies to achieve the following (a) finances, objectives: (b) education and training for memberships, (i) strategies to increase the level of ALP (c) liaison with the trade union movement, branch membership;
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(ii) strategies to encourage more trade Preselections unions to affiliate to the ALP and to 9. State and Territory Campaign Directors should involve unions more effectively in the consult the Leader and the National Campaign Party’s decision-making processes; Director before the selection of candidates in
(iii) strategies the ALP should consider in both target and safe Labor seats to discuss National Constitution of the ALP order to defeat coalition party quality potential candidates. This process proposals to undermine the existing should begin at least 18 months prior to the arrangements for trade union next election. It is the responsibility and affiliation; and obligation of Party officers and other influential figures within the Party to ensure that quality (iv) strategies to increase the participation candidates are preselected in all seats. The of women at all levels within the ALP. Party must also actively identify and encourage (d) That the National Secretariat provide candidates from a wide range of occupations adequate resources for the Committee to and life experiences. meet its objectives. National Public Office Preselections Training Program 6. That the matter of preselections be referred to 10. The National Secretariat, in conjunction with the ongoing organisational review process. State and Territory Secretaries, should conduct a pilot National Public Office Training Internal Party Relationships Program and report to the National Executive by 1 July 2003. The NPOTP would involve 7. (a) The National Secretariat shall coordinate a former Labor leaders and ministers and would regular program of ministerial visits to FEC 19 be responsible for: running training schools for meetings, coordinated through the State candidates, those who aspire to be candidates, Branch offices, to report on the work of the and younger Party members; overseeing Government and then receive views of mentoring programs; and running skills Party members. Such FEC meetings to be workshops. Better training and professional open to all Party members. development should also be examined for (b) That a representative delegation from the elected members. State Administrative Committee shall combine with the parliamentary leadership and Caucus representatives to form a State political coordination committee. Such a committee shall meet regularly, to discuss key strategic issues facing the Parliamentary Party. (for guidance to the National Secretariat and State Branches)
Basic Principles 8. (a) The National Executive establish a Committee for the purpose of revising the Basic Principles of the Party including its objectives. (b) The Committee, in conducting its revision, should invite submissions from any interested Party member or interested unit and conduct appropriate seminars on the subject, prior to finalising any recommendations on changes.
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Part E Affirmative Action (decision of the 1981 Conference) REGISTER OF 4. (a) That Conference: CONFERENCE DECISIONS (i) asserts its support for affirmative National Constitution of the ALP (These decisions of previous National Conferences action to ensure greater representation remain in force.) of women in the Party structures and amongst its representatives at all Members Initiating Legal levels of government; Proceedings (ii) endorses the Guidelines for (decision of the 1955 Conference) Implementation of an Affirmative Action Programme in the ALP, June 1. This Conference resolves that as a general 1981, produced by the Working Party principle it cannot concede the right of any on Affirmative Action, drawn from the member of the Party to initiate legal State Women’s Groups and requests proceedings for the purpose of establishing each State and Territory Branch to the constitutional behaviour of the Labor implement an affirmative action Movement. We emphasise that, with a few programme in keeping with these isolated exceptions, the history of our Party guidelines; and discloses we have functioned on a basis of complete determination in accordance with (iii) requests the National Executive to our own rules and our own interpretation of monitor regularly progress in each them. We insist we must continue to create State Branch and to report to each our own procedures, taking care of our own National Conference. 20 business without the introduction of lawyers (b) That all Party publications and Party ballot and law courts. papers be given an indication of sex by use of given names. Union Elections (c) That it be the policy of the ALP to (decision of the 1963 Conference) investigate, instigate, and fund the provision of child care facilities at all 2. Conference believes that industrial legislation conferences and large assembly meetings should provide for trade unions to properly of the Party. determine their own internal policies in accordance with their rules and constitutions (d) That it be the policy of the ALP that all and deplores interference in trade unions Party literature and publications should be activities by any government, outside free of sexist terms and sexist overtones; individuals or organisations. Conference similarly all Party conferences, meetings accordingly calls upon all trade unionists to etc. should be free of sexist comments, refrain from interference in the internal affairs terms and overtones of any kind and all of another trade union. officers, MPs and members of the Party should be advised accordingly. Grievance Procedures (decision of the 1979 Conference) Abortion 3. That Conference believes that the procedures (decision of the 1984 Conference) of the Party at State and national level provide 5. Conference resolves that the matter of abortion adequate opportunity for people who are can be freely debated at any State or federal dissatisfied to seek redress of grievance and forum of the Australian Labor Party, but any calls upon all members of the Party in respect decision reached is not binding on any member of matters in dispute to refrain from making of the Party. comment outside the Party.
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Conduct of Ballots Organisation of Fundraising (decision of the 1994 Conference) The Party’s National Director of Fundraising 6. Procedures for conduct of ballots if required: is the National Secretary. State and Territory Directors of Fundraising are the relevant (a) that ballots for multiple vacancies be
State or Territory Secretary. National Constitution of the ALP conducted in accordance with the rules of the Victorian Branch; Each State and Territory Branch and the National Secretariat raise funds (b) that ballots for single vacancies be cooperatively but separately. conducted under the optional preferential system; and Each State and Territory Branch and the National Secretariat has a Finance (c) that ballots for multiple vacancies be Committee and a Fundraising Director. conducted in accordance with rule 10(a). These individuals and their committees and/or donation collectors have sole ALP Code of Conduct for responsibility for fund raising for their Fundraising respective Branches. Each Branch (decision of the 1994 and 2004 Conferences) organises its efforts independently and 7. Preamble according to its own methods. Australia’s political and economic stability is State and Territory Finance Committees, all dependent on the strength of our democracy. of whose members act in a voluntary The Labor Party believes that democracy in capacity, collect funds from individual unions Australia will be strengthened by moderate and and corporations. Such funds supplement equal financial contributions from corporate the Party’s income from normal membership Australia to both sides of politics. dues and affiliation fees. 21 This code of conduct establishes the The National Secretariat collects funds for conditions that govern fundraising by national campaigning, maintenance of the the Labor Party at State, Territory and National Secretariat and the support of National levels. It is binding on all Labor various State Branches. These funds Party branches, units and candidates for support the National Secretariat’s role of public office. national policy development, assistance to Funds are raised by the Organisational wing the Federal Parliamentary Party and of the Labor Party to assist candidates for maintenance of the Party’s professional and public office to gain and/or maintain office. voluntary organisation throughout Australia. Funds are needed for policy development, State, Territory and National offices shall Party administration and, most importantly, operate systems of “centralised banking”. campaigning. All these political tasks must All local campaign and other party accounts be carried out Federally and in each State will be held under the relevant State or and Territory. Territory central banking system with the Each State, Territory and National Secretary relevant Tax File Number. of the Labor Party has a responsibility to Conditions raise funds. The Labor Party observes a fundraising Campaign responsibilities can overshadow code of conduct. This code is fundamental the need for adequate funds to support a to the integrity of the Party and its strong and effective party organisation. Lack organisational and Parliamentary members. of funding for party maintenance and —Parliamentarians can, and should, voice administration not only drains the Party’s the Party’s needs for funds or services ability to develop policy and membership, and on occasions sign appeal letters. but also undermines Labor’s ability to —on reasonable request, Parliamentarians campaign effectively and therefore can, and should, speak or appear at undermines the stability of Australia’s Labor Party fundraising events. political system.
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—Members of the Parliament or candidates National Conference Decisions should not accept money or services on 8. That decisions of National Conference are the Party’s or their own behalf, above the equally binding on all members of the Party amount of $3000 from any one source. whether determined as Platform or as a
National Constitution of the ALP Donations that are accepted must be held decision of Conference. However, decisions in appropriate Labor Party central banking of Conference which relate to matters of policy accounts styled in the form: Australian lapse if they are not reaffirmed by the Labor Party Campaign Account. subsequent Conference. Decisions of —Any funds held in accounts, or otherwise Conference which relate to organisational, not under a State or Territory central administrative or rules matters continue in banking system with the relevant Tax File force until a subsequent Conference Number, will be regarded by the otherwise determines. Australian Labor Party and any other interested party as “personal accounts”. —Cheques should be made payable to the Australian Labor Party named account, not individuals. —It is the legitimate responsibility of the relevant Fundraising Director, Finance Committee members and/or collectors to accept money on behalf of the Party. —On the written authority of the relevant State, Territory or National Secretary, 22 Parliamentarians or Candidates may act as fundraising agents for the Labor Party. —Members of parliamentary executives may not be asked to act as fundraising agents or collectors. —The detail of donations shall be publicly disclosed as per the requirements of the Commonwealth Electoral Act 1918. —The Labor Party does not accept funds that are subject to conditions of any kind. —Under no circumstances will the Labor Party accept funds which, even if only by inference, are intended to obtain the Party’s support for specific actions, attitudes or public statements. —Donors have a right to put views to the Party—but a right to no more than that. —The Labor Party never raises funds on behalf of any other Party or Organisation. —Under no circumstances will the Labor Party or any of its endorsed candidates accept donations from the tobacco industry. —Candidates for public office who act outside these guidelines will be liable to sanctions by the relevant Labor Party Caucus or State or Territory Administrative Committee or other interested parties.
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Part F Order of Business 4. The agenda of the National Conference shall NATIONAL CONFERENCE be as distributed by the National Executive STANDING ORDERS pursuant to rule 6(j)(ii). The order of business
shall be as determined by Conference from National Constitution of the ALP Chair of Conference time to time. 1. The National President shall preside over 5. No discussion shall be allowed except on Conference. In the President’s absence the motion or amendment duly proposed and senior officer present shall preside. If no seconded. officers are present a delegate shall be 6. Any member desiring to propose a motion or appointed by Conference to preside. amendment, or to discuss any matter under consideration, must address the Chair. No Credentials member shall address the Conference unless 2. (a) Each body represented at National called by the Chair of Conference. Conference or National Executive shall 7. All questions shall be determined in the lodge with the National Secretary the following manner: names and addresses of its delegates as early as practicable before the meeting. (a) the mover of the motion shall have seven These names and addresses shall be sent minutes to present argument in support of by the National Secretary to all members the motion and five minutes to reply; of the National Executive and other bodies (b) the seconder of such motion, and all other represented at the National Conference as speakers, shall be limited to five minutes; soon as possible. (c) the movers and seconders of motions and 23 (b) Any body or delegate may challenge the amendments must exercise the right to credentials of any delegate by lodging with speak at the time of moving and not the National Secretary the grounds of subsequently, subject to the right of reply objection in writing within 14 days of being by the mover of the motion; notified of the nomination of that delegate. (d) Conference on motion without debate may (c) The grounds of the objection shall be extend the time of any speaker; such conveyed to the delegate challenged and extension of time shall not exceed five to the body nominating the delegate by the minutes. Conference may agree to further quickest possible means. The National extensions on the same basis; Executive shall hear and determine the (e) the Chair shall call attention to the time of challenge. An appeal shall lie to the all speakers one minute before such time National Conference. Pending the expires. Motions for extensions may be outcome of any such appeal, the decision made when the Chair so calls, but no later; of the National Executive shall stand. (f) after the motion has been moved and Session Times seconded, and no speaker rises to oppose or move an amendment, the Chair shall 3. Conference shall meet each day from 9.30 proceed to put such motion to a vote of a.m. to 12.45 p.m., and 2.15 p.m. to 5.30 p.m., Conference; subject to Conference at any time, determining on motion or amendment without debate, and (g) all votes of Conference shall be subject to without rescission of any previous decisions as the following procedure: to meeting times, to meet at any other times. (i) the Chair shall call upon those who support the question to say “Aye” and those who are opposed to say “No”; and (ii) the Chair shall then declare the question carried or lost;
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(h) any delegate not satisfied with the Chair’s A member having spoken to the question shall decision may, by standing in their place, not be competent so to move. Such motions call for a show of hands. The Chair shall shall be immediately put without debate, proceed to determine the question by provided that in the event of Conference
National Constitution of the ALP calling upon those who support the motion agreeing “that the question be now put” the to raise their hands, and those opposed to mover of the original motion shall have the act similarly. The Chair shall appoint two right of reply. tellers to take the count and they shall be 11. On Conference agreeing “that the question be representative of the opposing viewpoints. now put” it shall mean not only the question When the tellers are agreed upon their contained in the motion, but in any and all count the Chair shall declare the result by amendments. quoting the figures for and against; 12. No question shall be debated for a longer (i) when any question voted upon by period than one and a half hours, subject to Conference results in equal numbers for Conference agreeing on motion or amendment and against, the Chair shall declare such put without debate to extend such time. question lost; and A two-thirds majority of those present shall be (j) any motion or amendment affecting the required to approve any such extension. Pledge, Platform or Constitution of the Party shall be declared lost if less than a 13. Motions directed towards the re-consideration majority of delegates credentialled to the of any decision reached by Conference shall Conference vote for it. fail unless carried by a three-fourths majority of the delegates credentialled to Conference.
24 Amendments 14. Not more than two delegates in succession 8. (a) At any time during debate on any motion it shall speak for or against any question. shall be competent for any delegate to 15. All questions involving an interpretation of move an amendment. All amendments policy on any section of the Platform or the must be seconded. Motions may be direction of members of the parliament in amended by adding words, by deleting accordance with the principles and methods of words, or by deleting words and inserting the Party, shall be subject to decision by others in their place, providing that the Conference on the basis of these Standing effect of any proposed amendment is not Orders and not by ruling of the President. to establish a direct negative to the question contained in the motion. 16. Questions other than those contained on the Agenda shall not be discussed unless agreed (b) Any number of amendments may be to by two-thirds of the delegates credentialled proposed and discussed simultaneously to Conference, and no delegate shall canvass with the original motion, notwithstanding the subject matter of the proposed new standing order 14. At the close of debate business when seeking Conference approval amendments shall be put in the order they for discussion of same. have been moved. 17. Rulings given by the Chair on any question 9. No member shall speak more than once to any shall be subject to a motion calling upon question before the Chair, unless by way of Conference to disagree with any ruling. In the personal explanation or with the consent of the event of such motion, the mover shall be Conference. Such consent shall not be given permitted not more than five minutes to support unless by a majority of those present. the motion and the Chair shall be permitted not 10. At any time during debate on any question it more than five minutes to defend the Chair’s shall be competent for the Chair to accept a ruling. There shall be no other speakers. The motion “that the question be adjourned,” “that Vice-President or any other delegate appointed the question be put”, or “that the next business by Conference shall occupy the Chair during be proceeded with”, provided at least two the currency of such motion. speakers have spoken for and against.
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