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2021 Rules

2021 Rules of the Australian Labor Party (State of Queensland)

57th State Conference of the Australian Labor Party (State of Queensland)
4-6 June 2021 (Brisbane Convention Centre, Brisbane)

Including Amendments

– inclusion of Code of Conduct and Associated Policies 11 February 2022

The rules can be viewed as a PDF here

Contents

Part A Introduction

1 Name and Membership

2 Origins, Objectives and Principles of Action

2A Welcome to Country and Acknowledgement of Country

3 Authority of National Conference, National Executive and State Conference

4 Administrative Regulations

5 Commencement of Rules

6 Interpretation

Part B Affirmative Action

7 Affirmative Action

7A Promoting Diversity

7B Regionality

8 Affirmative Action for ATSI Candidates

9 Affirmative Action for LGBTIQ Candidates

Part C Membership: Union and Branches

10 Affiliation of Unions

11 Union Affiliation Fees

12 Application for Membership

Serious Offences

13 Branch Registration

Registration of a New Member

Registration of a New Member who has been Admitted to Unregistered Membership

Registration of the Transfer of an Existing Member

Registration of an Unregistered Member by Video Link

Registration Restrictions

General Provisions

13A Other Registration

14 Subscription and Renewa

15 Resignation

16 Meritorious Service and Life Membership Awards

Part D Governance

17 State Conference

Powers

Composition of State Conference

Determination of Branch Delegates

Election of Local Government Representative

Qualification for Branch, Union and Other Delegates

Appointment of Proxies

Casual Vacancies

Calculation of Union Delegations to State Conference

Quorum

Conduct of State Conference

Multiple Voting

Speaking Rights of Non-delegates

Special State Conference

18 National Conference and National Executive

19 Administrative Committee

Powers and Functions of the Administrative Committee

Powers and Functions of the Administrative Committee With Respect to Public Office Elections

Special Powers and Functions of the Administrative Committee to Ensure Compliance With Commonwealth and State Income Tax and Electoral Legislation

Composition of the Administrative Committee

Proxies

When Held

Quorum

Notice of Meeting

Special Meetings

Flying minutes

Replacement of Members Who Fail to Attend or Cease Membership

Speaking Rights of Administrative Committee Members

20 Proxies – General Provisions

Part E Committees and Disputes Tribunal

21 Party Committees

22 Disputes Tribunal

23 Deleted

Part F Officials

24 Officials

Part G Finances

25 Party Property and Funds

The Trustees

Indemnity

Shareholders

Income

Income Tax

Financial Year of the Party

Bank Accounts

Auditors

26 Property and Funds of Party Units

Property of Party Units

Personal Property – Prudential Management

Bank Accounts

Expenditure of Party Unit or Organisation Monies

Financial Report

Audit

27 Election Funding and Financial Disclosure

Part H Party Unit

28 Branches

Roles and Responsibilities

Formation

Re-establishment of Branches

28A Campaign Committees

Composition of the Campaign Committee

Duties of the Campaigh Director

Levies on Branches

Fundraising

29 Electorate Organisations

Formation

30 Officers and Executives for Party Units and Committees of Party Units

Officers and Executives

President and Vice-Presidents

Secretary

Treasurer

Property and Funds

Vacancies

Committee

Annual General Meetings

Ordinary Meetings of Party Units

Special Meetings of Party Units

Quorum and Proxies

31-33 Deleted

34 Equity Groups

35 Labor Associations

35A Regional Member Assemblies

Part I Public Office

36 Electoral Objective

37 Caucus

State Parliamentary Labor Party Caucus

38 Parliamentary Levy Fund

39 Direct Election of Leader of State Parliamentary Labor Party

40 Selection of Candidates for the House of Representatives, the Legislative Assembly and Local Government

41 Selection of Senate Candidates

42 Selection of Mayoral Candidate for the City of Brisbane

Part J Plebiscites and Preselections

43 Democratic Principles of Preselection and Plebiscite Processes

44 Eligibility to Vote

Verification

45 Calling of EOIs and Nominations

Emergent Situations

Retiring Representatives

46 Qualifications of Candidates

47 Candidate Suitability Panel

48 Parliamentary Levy Fund

49 Endorsement of Candidates

50 Automatic Expulsion – Standing Against Endorsed Candidate

51 Electoral College

52 Conduct of Plebiscites and Preselection Ballots

Canvassing

Ballots

Voting Rights

Scrutineers

Disputes

53 Voting Methods

54 Over-Riding Provision to Ensure Election of Candidates of a Particular Qualification

55 Order of Significance/Casual Vacancies

56 Direct Election Rule

57 Online Voting

58 Election of National Conference Branch Delegates

Part K Meeting Procedures and Standing Orders

59 Meeting Procedures and Standing Orders

Order of Business

Branch Meeting Procedure

Formal Rules of Debate

Other General Meeting Procedures

60 Standing Orders for State Conference

Appendices

AP1 Glossary and Definitions

AP2 Affirmative Action Gender Representation for Multi-member Elections

AP3 Expanded Objectives of the Party

AP4 Positions Elected at State Conference and Timetable for Elections

AP5 Determination of Branch Delegations for State Conference

AP6 Calculation of Union Delegations to State Conference

AP7 Committees: Governance and Operations

AP8 Disputes Tribunal: Governance and Operations

AP9 Party Officials: Governance and Operations

AP10 ALP Code of Conduct for Fundraising

AP11 Party Organisations: Governance and Operations

AP12 Electoral College: Operations

AP13 Proportional Representation and Optional Preferential Voting

AP14 Standing Orders: State Conference

AP15 Code of Conduct

AP16 Code of Conduct Relating to Membership Recruitment

Administrative Regulations

Endnotes

 

Part A. INTRODUCTION

1 Name and Membership

(1) The name of the Party is “Australian Labor Party (State of Queensland).”

(2) The Australian Labor Party (State of Queensland) is a member of the National Australian Labor Party (ALP) which consists of the Australian Labor Party (State of Queensland), other State Branches of the Australian Labor Party, the Northern Territory Branch and the Australian Capital Territory Branch of the Australian Labor Party.

(3) The Party shall consist of:

(a) members accepted into membership in accordance with these Rules; and
(b) such industrial Unions as affiliate in accordance with these Rules.

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2 Origins, Objectives and Principles of Action

(1) The Party has its origins in:

(a) the aspirations of the Australian people for a decent, secure, dignified and constructive way of life;
(b) the recognition by the Trade Union movement of the necessity for a political voice to take forward the struggle of the working class against the excesses, injustices and inequalities of capitalism; and
(c) the commitment by the Australian people to the creation of an independent, free and enlightened Australia.

(2) The Party is a democratic socialist party and has the objective of the democratic socialisation of industry, production, distribution and exchange, to the extent necessary to eliminate exploitation and other anti-social features in these fields. The political and social values of equality, democracy, liberty and social cooperation inherent in the objectives of the Party shall be achieved in conjunction with the expanded objectives set out in Appendix Three (AP3).

(3) The Party believes that the task of building democratic socialism is a cooperative process that requires:

(4) In all forums of the Party, the rights of all Party members will be respected, and their involvement and participation will be encouraged.

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2A Welcome to Country and Acknowledgement of Country

(1) The Australian Labor Party (State of Queensland) recognises and acknowledges the custodianship our First Nations people have maintained for thousands of generations as well as performing ceremonies, conducting trade and having one of the world’s oldest and most intricate cultures. The Australian Labor Party (State of Queensland) affirms its enduring relationship and partnership with our First Nations people for the ongoing custodianship and maintenance of country throughout this state.

(2) Welcome to Country and Acknowledgement of Country are an important part of recognising and paying respect for to the Traditional Owners and to their ongoing connection and custodianship. These protocols provide awareness and recognition of Australia’s First Nations people and culture, and an acknowledgment of the injustices and wrongs of the past.

(3) Each State Conference, Regional Member Assembly and other formal events organised by the Party, including member nights, campaign launches, fundraising events and so on, shall include a Welcome to Country to be delivered by traditional owners of the land on which the event is taking place.

(4) Party Units are also encouraged to acknowledge the traditional owners of the land on which they meet. Acknowledgement should be undertaken by the chairperson, or a person nominated by the Party Unit, at the commencement of each meeting. The following words are provided to assist:

“We acknowledge the traditional owners (use the traditional groups name if known) of the land on which we are meeting, and pay our respects to Elders past, present and future.”

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3 Authority of National Conference, National Executive and State Conference

(1) These Rules are subject to the Rules of the National Conference and the National Executive and in the event of any inconsistency, the National Conference and National Executive Rules shall prevail in the event of a dispute:

(a) as to who are entitled to be trustees of any personal property owned or controlled by the Party, the trustees shall be the persons recognised by the National Executive as the President and Secretary of the Party;
(b) as to the membership of the Party or any Party Unit or as to membership of or as to who is the holder of any office in the Party or any Party Unit then notwithstanding the provisions of Rule 10 of the National Rules, any decision of the National Executive shall, subject to any subsequent decision of National Conference to the contrary, be final and binding on all members of the Party.

(2) All members of the Party are bound by these Rules as amended by State Conference from time to time.

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4 Administrative Regulations

(1) The Administrative Committee may make, by no less than two-thirds of members present at a meeting, Administrative Regulations consistent with these Rules.

(2) A notice of motion to make, vary or discharge an Administrative Regulation shall be laid on the table at a meeting prior to the meeting at which the regulation is to be considered for determination.

(3) The notice of motion shall be forwarded to the Rules Committee for comment prior to the regulation being determined.

(4) Each regulation shall refer specifically to the Rule to which it is giving effect.

(5) State Conference shall have the power to re-instate, make, vary or discharge any Administrative Regulation/s. Further, State Conference shall have the power to make any new Administrative Regulations it deems necessary.

(6) All changes to the Administrative Regulations shall be circulated to all Party units and Unions.

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5 Commencement of Rules

(1) Except where State Conference decides otherwise, all alterations to these Rules shall take effect upon their adoption by State Conference.

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6 Interpretation

(1) Except where the context otherwise requires, words and phrases used in these Rules have the meanings set out in the Glossary and Definitions in Appendix One (AP1).

(2) Appendices to these Rules form part of these Rules.

Part B. Affirmative Action

7 Affirmative Action

(1) The Party aims to develop the full potential of all persons regardless of gender, and seeks the improvement of the status of women in Australia as being fundamental to the achievement of this aim. In accordance with the National Rules, the following provisions shall apply to these Rules:

Definitions

(a) In this Rule:

(i) “minimum percentage” means 40%. From 2022 it means 45%. From 2025 it means 50%;
(ii) “seats”: includes council wards, seats in the Legislative Assembly, seats in the House of Representatives, and Senate positions;
(iii) a non-held but winnable Senate position is the next position on the Senate ticket below the held positions, but only if the number of quotas that the Party had, on primaries, at the last election, was more than the number of held positions plus one half of one quota for the purposes of that election.

Note: By way of example, if, at the last election, the Party got more than 2.5 quotas, and it was an ordinary half Senate election, then the third position on the Senate ticket is winnable. However, if the Party got 2.5 quotas or less, then the third position on the Senate ticket is not considered winnable for the purposes of this Rule.

Party Positions

(b) All elections for, or appointments of, two or more Party positions shall comply with the Affirmative Action Rule so that not less than the minimum percentage of such positions shall be held by women. The minimum number of women to be elected shall be determined by the number of positions to be filled and in accordance with Appendix Two (AP2).

(ba) The Affirmative Action Rule shall apply to the election, or appointment of, the following groups of Party positions:

(i) State President, Vice-Presidents and Treasurer;
(ii) State Secretary and Assistant State Secretary; and
(iii) permanently employed Organisers.

(bb) The National Principles of Affirmative Action will be applied to the appointment of temporarily employed organisers, such as field organisers hired specifically for election campaign periods, so that as near as possible to 50 per cent shall be women.

(bc) Where the number of positions in the group is less than 3, sub-rules (ba) and (bb) will only apply to appointments where the term commences after January 2020.

(bd) For all other Party positions, the minimum number of women to be elected shall be defined by the number of positions to be filled and in accordance with Appendix Two (AP2).

Union Delegates

(c) For all union delegations to Party conference and forums, at least the minimum percentage of the delegates must be women, unless the proportion of women who are members of the union is less than the minimum percentage, in which case the number of delegates who are women must be at least equal to the proportion. The number of women delegates required to comply with this clause shall be determined using the rounding procedure as determined by Rule 7(1)(j).

Held and Winnable Public Office Positions

(d) Labor will apply affirmative action to public office preselections in accordance with the following principles.

(e) For all public office preselections, at least the minimum percentage of the candidates preselected for each of the following groups of seats, in each sphere of government, must be women:

(i) the seats (including Senate positions) currently held by the Party;

(ii) the seats that would be won by the Party with a 5% increase in its two party preferred vote since the last election and any non-held but winnable Senate positions (“winnable seats”), and

(iii) all other seats to be preselected.

(f) The Administrative Committee must declare the winnable seats for each round of preselections before nominations for that round open.

(g) For casual vacancies, including for by-elections, if less than the minimum percentage of the remaining positions in the relevant group of seats (as defined by sub-paragraph (e)), in the relevant sphere of government, are held by women, the vacancy must be filled by a woman.

The Enforcement Mechanism

(h) If:

(i) at the close of nominations for preselections for a group of seats, the requirements of paragraphs (d)-(g) cannot be met, the nominations of that group of seats shall automatically be void, and nominations for that group of seats must be re-opened;

(ii) after preselections (including by way of ballots) have been conducted for a group of seats, the requirements of paragraphs (d)-(g) have not been met, the preselections for that group of seats shall automatically be void, and nominations for that group of seats must be reopened, and fresh preselections must be conducted in accordance with these Rules.

(i) This Rule shall be referred to as the Affirmative Action Rule in these Rules.

Implementation

(j) In calculating the minimum percentage for the purposes of this clause, a fraction more than one half must be rounded up to the next whole number and a fraction of one-half or less must be rounded down to the next whole number.

(k) The State Secretary must, no later than 1 November each year, provide a report to the Administrative Committee and to the National Executive on the progress of implementation of this Rule.

Transitional rules

(2) Subject to sub-rule (3), Rule 7(1)(h) does not apply to any seat that was a held seat at the conclusion of the 2015 State Conference, and has been held continuously since that date.

(3) If

(a) a Councillor, Member or Senator, as the case may be, vacates a seat or position to which sub-rule (2) applies; and

(b) less than the minimum percentage of the remaining seats in the group of held seats, in the relevant sphere of government, are held by women,

then the vacating Councillor, Member or Senator must be replaced by a woman candidate.

(4) This sub rule, and the foregoing sub rules (2) and (3), are repealed effective 1 July 2023.

7A Promoting Diversity

(1) All Party members shall endorse the objectives of the Party (Appendix Three) and the following objectives in support of diversity:

(a) The Party believes in equity and equality for all Australians.

(b) The Party believes that our membership base, candidates and members of parliament should reflect the broad cross section of our society, including, but not limited to, equity groups such as women, Aboriginal and Torres Strait Islander people, Lesbian, Gay, Bisexual Transgender, Intersex and Questioning people, people with disability and/or mental illness and their carers, people from culturally and linguistically diverse backgrounds and age cohorts.

(c) The Party is committed to taking appropriate action to encourage all Queenslanders to become members of the Party. We are committed to taking proactive measures to remove barriers to participation and to becoming an ever more inclusive and diverse political party.

(2) All candidates and members of Australian parliaments and local government bodies shall actively support these principles (1 above) and consider the impact of policy decisions they make on all Queenslanders, consult widely with equity groups and consider the difficulties that equity groups may have in participating in such consultations.

(3) The State Secretary shall report annually to the Administrative Committee and State Conference on progress towards achieving and maintaining diversity, including levels of representation in Party membership, and in party and public office positions, barriers to participation, targets and level of adherence to those targets (including 8 and 9 below) and other matters determined by the Administrative Committee from time to time.

(4) The Administrative Committee may set targets for any equity group in order to encourage higher levels of participation and representation.

7B Regionality

(1) Wherever these rules require a candidate, delegate or member to reside within a specified region, the following defined zones shall apply:

(a) Brisbane North: consisting of the federal divisions of Brisbane, Lilley, Petrie and Ryan;
(b) Brisbane South: consisting of the federal divisions of Bonner, Bowman, Griffith, Moreton, Oxley and Rankin;
(c) Greater South-East Queensland: consisting of the federal divisions of Blair, Dickson, Fadden, Fairfax, Fisher, Forde, Longman, McPherson, Moncrieff and Wright;
(d) Regional: consisting of the federal divisions of Capricornia, Dawson, Flynn, Groom, Herbert, Hinkler, Kennedy, Leichhardt, Maranoa and Wide Bay.

8 Affirmative Action for ATSI Candidates

(1) In accordance with the National Constitution of the ALP, minimum number of Aboriginal and Torres Strait Islander (ATSI) candidates for Federal Parliament, the Queensland Legislative Assembly, and each endorsed local government team shall be a minimum of 5 percent of held and winnable seats as determined in 7(1)(e-f).

(2) At each round of preselections, the Administrative Committee shall ensure the minimum number of ATSI candidates in held and winnable seats is met, and that this number shall not be less than:

(a) 1 candidate for Federal Parliament;

(b) 2 candidates for the Queensland Legislative Assembly; and

(c) 1 candidate for each endorsed local government team.

9 Affirmative Action for LGTBIQ Candidates

(1) The minimum number of Lesbian, Gay, Bisexual, Transgender, Intersex and Queer/Questioning (LGBTIQ) candidates for Federal Parliament, the Queensland Legislative Assembly, and each endorsed local government team shall be a minimum of 5 percent of held and winnable seats as determined in 7(1)(e-f).

(2) At each round of preselections, the Administrative Committee shall ensure the minimum number of LGBTIQ candidates in held and winnable seats is met.

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Part C. Membership: Unions and Branches

10 Affiliation of Unions

(1) A Trade Union wishing to affiliate with the Party may be admitted to membership of the Party by resolution of the Administrative Committee.

(2) When a Union affiliates, its President and Secretary shall provide signed correspondence to the State Secretary consisting of the following words:

“We hereby pledge the union to the principles of the Australian Labor Party’s National, State and Local Government Platforms, and to any alteration thereto made by a National or State Conference. We also pledge the union to further the objects of the Party as set forth in its constitution and general rules. We hereby declare that the union is not affiliated with any communist or fascist organisation or Party, or with any political party or organisation, society or group having objects, methods, policies or aims in any way opposed to the objectives, policy or platform of the Australian Labor Party.”

and submit an independent audit report as required in Administrative Regulation Two (AR2).

(3) When a Union affiliates it shall pay affiliation fees as determined by Rule 11, such fees to be paid pro-rata for the balance of the financial year.

(4) If a Union affiliates after the audit deadline as provided for in AR2(2) but before State Conference for the same year, the General Returning Officer shall recalculate the union delegations for that State Conference in accordance with Appendix Six (AP6) and advise the Administrative Committee.

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11 Union Affiliation Fees

(1) Each affiliated Union shall pay an annual affiliation fee as determined in accordance with Administrative Regulation Two (AR2). This regulation shall include the following principles:

(a) a Union’s affiliation shall not exceed its maximum affiliation as determined by the Union’s auditors;

(b) a Union’s affiliation for the purpose of determining State Conference delegates shall be based upon the three-year rolling average of the Union’s affiliation.

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12 Application for Membership

(1) Any person aged 14 years of age or older, resident within Queensland, who lodges a signed application for membership in the prescribed form, (as approved from time to time by the Administrative Committee) may, upon payment of the prescribed fee, apply to the Administrative Committee for admission to membership to the Australian Labor Party (State of Queensland).

(1A) Each applicant shall agree to the following pledge:

“If admitted to the Australian Labor Party, I hereby pledge myself to the principles of the Australian Labor Party’s state, national and local government platforms and to any alteration thereto made by a national or state conference. I also pledge to do everything in my power to further the objectives of the Party as set forth in its constitution and general rules. I hereby declare that I am not a member of a communist or fascist organisation or party or any political party or organised society or groups having objects, methods, policies or aims opposed to the objectives, policy and platform of the Australian Labor Party.”

(2) The State Secretary shall ensure that all new membership applications are checked against the Electoral Roll to ensure that the applicant is appropriately enrolled at their current residential address. Where a discrepancy exists, the State Secretary shall immediately correspond with the applicant requesting them to correct their enrolment status in accordance with the Commonwealth and State Electoral Acts.

(3) The State Secretary shall report to each regular meeting of the Administrative Committee any irregularities or other concerns relating these new applications.

(4) The Administrative Committee may refuse an application for membership on any of the following grounds:

(a) that a refusal of membership is in the best interests of the Party; or

(b) that the applicant is a member of any communist or fascist organisation or party or of any political party or of an organised society or group having objects, methods, policies or aims which in the opinion of State Conference conflict with the objectives, policy or platform of the Australian Labor Party; or

(c) that the applicant is an employer of labour and has actively discouraged employees from Union membership;

(d) that the applicant works in an industry covered by a Union and is not a member of a Union having coverage;

(e) that the applicant has previously nominated for public office against an endorsed Australian Labor Party candidate and the applicant’s membership in the Australian Labor Party has not been explicitly approved by the Administrative Committee and endorsed by State Conference;

(f) that the applicant has not provided correct electoral enrolment details or the enrolled address does not match the applicant’s current residential address; or

(g) for any other reason placed before, and regarded as sufficient by the Administrative Committee; provided that the Administrative Committee shall refuse an application where that person has been convicted of a disqualifying electoral offence as defined pursuant to the Electoral Act 1992, within a period of 10 years prior to such application for membership being made.

(5) Any applicant refused membership of the Party may resubmit the matter on notice to a later meeting of the Administrative Committee for further consideration.

(6) The Administrative Committee may, within two months of either its admission of an applicant to membership or registration of a member with a Branch, (whichever is the later) review its decision to grant membership.

(7) Subject to the provisions of Rules 46 or 44(1), full membership rights, which include the right to:

(a) participate in Branch meetings; and

(b) stand and vote in plebiscites and preselections; and

(c) stand as an endorsed candidate for public office;

shall not accrue until the unregistered member has registered with a Branch on the prescribed form and that registration has been approved by the Administrative Committee.

(8) Where an applicant registers with a Branch prior to admission by the Administrative Committee, full membership rights accrue from the date of that Administrative Committee meeting at which they are admitted to membership.

(9) Where an unregistered member registers with a Branch after admission by the Administrative Committee, their name and registration details shall be approved by the Administrative Committee and full membership rights shall accrue from the date of that Administrative Committee meeting at which their Branch registration is approved.Serious Offences

(10) Any member who is serving a sentence of more than one year’s imprisonment for an offence against the law of Queensland, another State or the Commonwealth, or is convicted of treason, sedition or sabotage under the law of Queensland, another State or the Commonwealth, shall automatically cease to be a member of the Party. No person so serving a current sentence or convicted of treason, sedition or sabotage shall be admitted to membership of the Party.

(11) Any member convicted of a disqualifying electoral offence, as defined pursuant to the Electoral Act 1992, shall cease to be a member of the Party immediately upon such conviction being recorded.

(12) The Administrative Committee may revoke the membership of a member found guilty of a serious criminal offence (punishable by imprisonment for 5 years or more). Before the Administrative Committee revokes the membership of a member:

(a) the State Secretary must notify the member in writing of the proposed revocation; and

(b) the member must be given an opportunity to make a written submission to the Administrative Committee as to why his or her membership should not be revoked.

(13) The Administrative Committee may immediately suspend the membership of a member who has been charged with a serious criminal offence pending the hearing of the charge.

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13 Branch Registration

(1) the Administrative Committee may where a person is unable to attend a Branch, confirm registration of a member with a Branch.

Registration of a New Member

(2) An applicant for membership shall be registered with a particular Branch by:

(a) attending a Branch meeting in person (and signing the attendance book); and

(b) presenting to the meeting a signed application for membership, accompanied by the signed pledge and relevant payment for membership; and

(c) the Branch passing a resolution recorded in its minutes that the applicant be registered with that Branch; and

(d) receipt by the State Secretary of the completed application form (including completed registration section) and payment for membership for consideration by the Administrative Committee at its next meeting.

Registration of a New Member Who has been Admitted to Unregistered Membership

(3) An unregistered member shall be registered with a particular Branch by:

(a) attending, in person (and signing the attendance book) or by video link (where the secretary shall record the member’s online attendance), at a Branch meeting; and

(b) presenting to the meeting proof of membership; and

(c) the Branch passing a resolution recorded in its minutes that the member be registered with that Branch; and

(ca) completion of the relevant Branch registration form—see (7) below for registration of members by video link; and

(d) receipt by the State Secretary of the completed Branch registration form for consideration by the Administrative Committee at its next meeting.

Registration of the Transfer of an Existing Member

(4) Subject to Rule 13(6), a member may transfer their registration to another Branch. A Branch shall not unreasonably withhold acceptance of such transfer or delay the forwarding of registration advice to the State Secretary.

(5) A Branch member seeking to transfer to another Branch shall do so by:

(a) attending a Branch meeting in person or by video link; and

(b) presenting to the meeting proof of membership; and

(c) the Branch passing a resolution recorded in its minutes that the member be registered with that Branch;

(d) completion of the relevant Branch registration form; and

(e) receipt by the State Secretary of the completed Branch registration form for consideration by the Administrative Committee at its next meeting.

(6) The Administrative Committee may transfer the registration of a member to another Branch.

Registration of an Unregistered Member by video link

(7) Where an unregistered member registers by video link, the absentee Branch registration form shall be signed by at least two non-Executive members of the Branch in attendance in person at the meeting.

(7A) Video links shall be established in accordance with Administrative Regulation Seven (AR7) (20).

Registration Restrictions

(8) No more than 10 previously unregistered members shall be registered at a Branch meeting other than with the prior approval of the Administrative Committee. In the event that more than 10 previously unregistered members are registered at the one meeting, the Administrative Committee shall determine which 10 members are to be registered. The remaining members shall be required to re-attend the Branch and be re-registered.

(8A) Approval by the Administrative Committee to admit more than 10 previously unregistered members shall be limited to 30.

(8B) Deleted 2019

(8C) All members shall comply with the Appendix Sixteen: Code of Conduct relating to Membership Recruitment (AP16).

General Provisions

(9) Where an applicant or unregistered member is registered by a Party Unit, it is the responsibility of the Secretary or President/Convenor of the Party Unit to ensure that the membership application and or certificate of registration is received promptly by Party Office. Appendix Eight (43) may apply if the Party Unit fails to forward the relevant documentation and monies.

(10) The Administrative Committee shall not have the power (even in cases where the failure to receive notice of registration is not the fault of the applicant) to backdate Branch registration.

(12) A Branch shall refuse registration only on the following grounds, and the Branch Secretary shall advise the State Secretary of any such refusal, and the reason or reasons therefore, within fourteen days of such refusal:

(a) any ground under Rule 12(4) (b) to (e); or

(b) [deleted 2018]

(c) for any other reason of substance, which must be placed before, and regarded as sufficient by, the Administrative Committee.

(13) Transferring or newly registering members do not become members of the Branch until approved by the Administrative Committee. However, they are entitled to participate fully in the meeting where their registration has been approved by the Branch, but cannot nominate for any positions, nor vote in any ballots to elect members to any Branch positions.

13A Other Registration

(1) An applicant for membership or unregistered member may also become registered with a Branch by attending an authorised meeting of an Equity Group (as determined in Rule 34), a Regional Member Assembly (Rule 35A), or any Party forum authorised to register members by the Administrative Committee, in accordance with procedures set out in Rule 13.

(2) [Deleted 2021]

(3) The applicant or unregistered member can nominate the Branch they wish to join, but if they fail to do so, Party Office shall allocate them to a Branch nearest to their residential address.

(4) When a member is registered in this way, the relevant Branch will be provided with written confirmation of the registration and a copy of the signed forms provided to the State Secretary.

(5) If a Branch has objections to the member being registered with the Branch, the Branch must resolve, at its next meeting, to advise the Administrative Committee stating reasons for its objection. The Administrative Committee shall either confirm the registration, or reject the registration and allocate the member to another Branch of the member’s choice or to another nearby Branch, if no alternative Branch is chosen.

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14 Subscription and Renewal

(1) A new application shall not be accepted unless:

(a) the application has been signed by the applicant or member and contains their residential and enrolled address (provided the member is eligible to be enrolled in Queensland) and a declaration of the applicant’s gross annual income level or

(b) the application is completed online and the applicant pays their membership fee by electronic funds transfer from their personal account, or with their personal credit card and the application contains their residential and enrolled address (provided the member is eligible to be enrolled in Queensland and can be verified on the roll) and a declaration of the applicant’s gross annual income level.

(2) A membership renewal shall not be accepted unless:

(a) The renewal has been signed by the applicant or member and contains their residential and enrolled address (provided the member is eligible to be enrolled in Queensland) and a declaration of the member’s gross annual income level; or

(b) The member’s subscription is paid by electronic funds transfer, credit or cheque from the bank account of the member or a close family member.

(3) The annual membership subscription, payable with an application for membership, or on renewal of membership, shall be as determined by the Administrative Committee subject to any overriding decision of State Conference (see AR15).

(4) Members of affiliated unions shall be entitled to a discounted membership subscription as determined by Administrative Committee from time to time.

(5) Membership subscriptions fall due on 1 January of each year and, if a member does not pay to Party Office the annual subscription for the current year by 31 March, that person becomes unfinancial and ceases to hold all rights of membership.

(5A) Membership subscriptions fall due on the first day of each calendar month for direct debit members, if a member does not pay to Party Office the monthly subscription for the current month by the first day of the month three months from the payment due date, that person becomes unfinancial and ceases to hold all rights of membership.

(6) A member may purchase multiple year subscription of up to three years.

(7) Where a subscription is received by the Party Office after 31 March, but within twelve months of that date, that person’s membership shall be re-activated and membership and the privileges thereof shall commence from the receipt of such subscription by the Party Office, subject to the power of the Administrative Committee to restore continuity subject to Rule 19(1)(f).

(7A) Where a direct debit subscription is received by the Party Office after one month, but within twelve months of the date their membership direct debit payment ceased, that person’s membership shall be reactivated and membership and the privileges thereof shall commence from the receipt of such subscription by the Party Office, subject to the power of the Administrative Committee to restore continuity subject to Rule 19(1)(f).

(8) If an unfinancial member fails to pay their annual subscription within the twelve months required by Rule 14(5), they automatically cease to be a member and their name shall be removed from the membership roll.

(9) Where a former member seeks membership other than under Rule 14(5), they shall only be admitted strictly in accordance with the Rules for application for membership (Rule 12).

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15 Resignation

(1) A member may resign his or her membership by notifying the State Secretary in writing.

(2) A notice of resignation from membership will be effected when a report of the resignation is provided to the Administrative Committee, and the date of the resignation will be:

(a) on the day on which the notice is received by the Party Office; or

(b) on the day specified in the notice;

whichever is later.

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16 Meritorious Service and Life Membership Awards

(1) Meritorious Service and Life Membership Awards shall be available to members who are nominated and accepted for an award in accordance with Administrative Regulation Four (AR4).

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Part D. Governance

17 State Conference

Powers

(1) State Conference is the supreme rule, policy and decision-making body of the Party. Subject to a specific Rule to the contrary, it is the only body that may:

(a) enact/amend, and where consistent with the provisions of the Electoral Act, suspend the operation of these Rules. Any such action must receive the approval of an absolute majority of credentialled delegates;

(b) enact and amend State and Local Government platforms;

(c) finally determine any matter in dispute affecting the welfare of the Party, subject only to the power of the National Rules of the National Conference and National Executive;

(d) elect such office bearers and officials and committee members as provided for under these Rules;

(e) refer such matters to the National Executive and National Conference as it sees fit;

(f) grant or revoke, on the recommendation of the Awards Committee, such Meritorious Service Awards, including life memberships, as it sees fit;

(g) readmit expelled members on such conditions as it shall see fit;

(h) receive and consider reports from the Administrative Committee and Party committees on agenda items submitted by constituent units, and the State Parliamentary Labor Party;

(i) receive reports from the Administrative Committee and Party Treasurer on Party finances, including a report on the financial status and administration of all companies in which the Party owns an interest;

(j) elect for three-year terms or until their successors are elected, the positions outlined in Appendix Four (AP4) in accordance with the Affirmative Action Rule;

Composition of State Conference

(2) State Conference shall comprise of the following delegates:

Ex-officio Delegates

(a) the President elected in accordance with Appendix Nine (AP9);

(b) the three Vice-Presidents elected in accordance with Appendix Nine (AP9);

(c) the State Secretary and the Assistant State Secretary elected in accordance with Appendix Nine (AP9);

(d) the Federal Parliamentary leader where the holder of a Queensland seat; otherwise a representative of the Federal Parliamentary Labor Party chosen by and from Queensland members of the Federal Parliamentary Labor Party;

(e) the State Parliamentary Party leader and deputy leader.

(f) the State Treasurer, who shall be a non-voting delegate;

(g) the General Returning Officer, who shall be a non-voting delegate.

Other Delegates

(h) the President/Chairperson/Convenor of each Equity Group as determined in Appendix Eleven (AP11).

(i) a representative elected by and from endorsed Labor Councillors;

(j) Branch delegates, elected for a term of three (3) years, from each Federal Division elected by plebiscite of Branch members in accordance with Rule 17(3) in one ballot by proportional representation;

(k) Union delegates of a number to preserve the ratio of 50/50 between Union delegates and Branch conference delegates;

(2A) A member shall only be eligible to be credentialled for one delegate category, as determined by Rule 17(2). Ex-officio delegates cannot also nominate for or be credentialled for Equity Group, Labor Councillor, Branch or Union delegate positions.

Determination of Branch Delegates

(3) The number of Branch delegates to be elected from each Federal division shall be determined prior to the opening of nominations in accordance with the following procedure and in accordance with the Affirmative Action Rule:

(a) each Federal Division shall be ranked in order from largest to smallest by the number of eligible Branch members in each as determined by the current certified list.

(b) the three largest ranked seats shall elect 11 delegates each;

(c) the next seven largest ranked seats shall elect 9 delegates each;

(d) the next eight largest ranked seats shall elect 7 delegates each;

(e) the remaining seats shall elect 5 delegates each;

(f) in the event of additional Federal Divisions being created in Queensland, additional delegates shall be determined in accordance with Appendix Five (AP5).

(4) Federal Divisions that elect 9 or more State Conference Branch delegates shall include at least one delegate who shall eligible to be a member of AYL (Qld), in accordance with AP11 1(1), in the year of opening of nominations.

(5) In the event of a federal redistribution being finalised or due to be finalised in the calendar year when new delegates are scheduled to be elected, the Administrative Committee shall have the power to defer elections of branch conference delegates for a period not exceeding 12 months to ensure new delegates are elected on the new federal boundaries.

Election of Local Government Representative

(5A) Following each quadrennial Queensland local government elections, but prior to the next scheduled State Conference, the General Returning Officer shall:

(a) call for nominations from endorsed local government councillors;

(b) if required, conduct a ballot of all endorsed local government councillors in accordance with these Rules;

(c) report outcome to the Administrative Committee, which shall endorse the successful candidate and include on the list of Conference delegates. The delegate identified in Rule 17 (2) (g) shall remain so until a new delegate is elected or they resign from elected office or as representative, provided that they remain eligible to be a representative in accordance with these Rules. Failure to seek or obtain endorsement for the subsequent quadrennial local government elections, does not disqualify an existing delegate from remaining as representative in accordance with Rule 17 (2) (g).

Qualification for Branch, Union and Other Delegates

(6) Each delegate to State Conference must at the time of their election and subsequently comply with the following requirements:

(a) each delegate must be a financial member of the Australian Labor Party (State of Queensland);

(b) each Union delegate must be a bona fide financial member of the Union represented;

(c) each Branch member delegate must comply with Rule 46 (2) and (2A).

(7) In the event of a federal redistribution occurring during the term of office for Branch member delegates, eligibility for delegates and proxies shall be determined in accordance with the federal boundaries in operation at the time the election of those Branch member delegates.

Appointment of Proxies

(8) Branch, Equity Group or Labor Councillors delegates shall be entitled to appoint a proxy provided that:

(a) each proxy must be a registered Branch member for not less than six months, and

(aa) if a Branch delegate, either enrolled in the relevant Division or a member of a Branch affiliated with the relevant Division for a period of not less than three months prior to the day of the commencement of the State Conference; for other delegates, a proxy can only be issued to a member who is from the same constituent group who elected the delegate appointing the proxy; and

(b) an appointment of each proxy must be signed by the delegate appointing the proxy and state for which sessions or days of the Conference that it applies and be given to the General Returning Officer.

(c) Women delegates shall, in accordance with the principles of Affirmative Action, appoint women proxies.

(9) Changes to Union delegations must be submitted to the General Returning Officer and each notification of change to a union delegation must state for which sessions or days of the Conference it applies.

(10) Ex-officio conference delegates as determined in Rule 17(2) shall not be entitled to appoint proxies.

Casual Vacancies

(11) Where a Branch delegate, small Union’s delegate, and other delegates in accordance with Rule 17(2) (h) and (i), ceases to be an eligible voter to the Conference, a casual vacancy shall arise and the General Returning Officer shall conduct a countback to fill the casual vacancy in accordance with this Rule. The countback shall be conducted by distributing the ballot papers that were used to elect the vacating delegate. In any case where a preference is indicated for the vacating delegate, the ballot is allocated to the next candidate indicated disregarding any candidates who were elected in the original ballot. The ballot papers used to elect the vacating delegate policy coordination shall be distributed until a candidate receives a majority of votes. Only the ballot papers used to elect the vacating member shall be counted in the countback. The candidate who receives a majority of votes shall, if that person is prepared to fill the casual vacancy, be declared elected. Should the countback not result in the casual vacancy being filled, the Party Unit concerned shall call a special meeting for the purpose of electing a substitute delegate to fill the casual vacancy.

Calculation of Union Delegations to State Conference

(12) Each individual Union’s delegation shall be allocated by the Administrative Committee before each Conference in a manner prescribed in Appendix Six (AP6).

Quorum

(13) Quorum for State Conference shall be the next highest whole number of half the number of delegates entitled to attend, provided further that there are present at least half the Union delegates and half the Branch member and other delegates entitled to attend.

Conduct of State Conference

(14) State Conference shall conduct itself according to its standing orders contained in Appendix Fourteen (AP14).

Multiple Voting

(15) Each Union delegate may exercise up to four votes at State Conference provided that the total number of votes exercised does not exceed the number of places allocated to the Union. Unions shall advise the State Secretary or the General Returning Officer at the time of nominating their delegates, which delegates are to exercise multiple votes. The General Returning Officer shall issue each delegate or such delegates with identification of entitlement to exercise multiple votes and the delegate shall receive multiple ballot papers, in accordance with entitlement, for all elections.

Speaking Rights of Non-delegates

(16) Members of the Federal or State Parliamentary Labor Parties who are not delegates or proxies to Conference may address Conference for the purpose of giving information, but may not vote on any question before Conference.

(17) The Chairperson or any member of any Standing Committee who is not a delegate to Conference or proxy to Conference may address Conference and move or second motions or any matters coming within the jurisdiction of that Committee, but may not vote on any question before Conference.

Special State Conference

(18) A Special State Conference may be requisitioned by:

(a) at least one half of the number of Branches; or

(b) by affiliated Unions, such Unions to represent in number membership of at least half the affiliated Union membership based on their entitlement to representation at State Conference.

(19) The procedure for Branches or Unions to requisition a Special State Conference shall be a petition seeking a Special State Conference. This petition must first be sent to the State Secretary, endorsed by at least one quarter in number of Branches or Unions, as the case may be.

(20) Branch member delegates to a Special Conference shall be those who are credentialled for the preceding ordinary State Conference.

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18 National Conference and National Executive

(1) The Union and Branch delegates to National Conference shall be elected by proportional representation in separate ballots in accordance with Rule 58 and the National Rules.

(2) Prior to each State Conference that will elect National Conference proxy delegates, the Administrative Committee shall determine the number of proxy delegates to be elected by proportional representation at the State Conference.

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19 Administrative Committee

Powers and Functions of the Administrative Committee

(1) The Administrative Committee shall, subject to the overriding authority of State Conference:

(a) determine all matters affecting the general welfare of the Party;

(b) be responsible for the overall administration of the Party;

(c) approve the formation of Branches of the Party, Young Labor Committees and electorate organisations;

(d) supervise the efficient administration of Party Units and organisations;

(e) admit applicants to membership of the Party, and subject to these Rules expel members from the Party;

(f) restore continuity of membership to members whose continuity has been broken unintentionally;

(g) approve an annual budget and approve such expenditure outside of the budget as the Administrative Committee considers appropriate upon recommendation of the Finance Committee;

(h) appoint the Party’s auditors in accordance with Rule 25(12);

(i) receive regular financial reports, including reports of actuals as against administrative and campaign budgets, and present financial reports to State Conference including a report on the financial status and administration of all companies in which the Party owns an interest;

(j) present an audited balance sheet and financial sheet to State Conference;

(k) approve levies on Party units in accordance with Rule 29(8);

(l) consent to Labor Legacies Pty Ltd acquiring or disposing of real property where such consent is required by Rule 25;

(m) determine, so far as it is able, the composition of the Board of Directors of Labor Holdings Pty Ltd, Labor Enterprises Pty Ltd and any other companies in which the Party has an interest;

(n) direct the trustees to purchase and dispose of real and personal property in accordance with these Rules;

(o) direct Labor Legacies Pty Ltd to purchase and dispose of real property in accordance with these Rules;

(p) call meetings, both ordinary and special, of State Conference in accordance with the Rules;

(q) call for and receive agenda items for State Conference;

(r) prepare and distribute the agenda for State Conference;

(s) report to State Conference on the administration of the Party since the previous State Conference;

(t) report fully to State Conference on actions taken and decisions made, and on the organisation and administration of the Party since the previous State Conference meeting;

(u) carry out the decisions of State Conference;

(v) arrange for and ensure the proper conduct of plebiscites to select Party candidates for public office and delegates to State Conference;

(w) submit items to National Platform Committees;

(x) [deleted 2018]

(y) elect an acting President to serve until the next State Conference where there shall be a ballot for the office of President to serve the balance of the term of office;

(z) elect a Finance Committee of such a number as the Administrative Committee shall from time to time determine;

(aa) select a Disputes Tribunal in accordance with Appendix Eight (AP8);

(ab) elect a sub-committee in December each year, of such a number as the Administrative Committee shall from time to time determine, to draw up a list of certified voters and provide audits of Party records in accordance with Administrative Regulation Ten (AR10);

(ac) endorse the formation of Labor Women’s regional committees; and

(ad) at its discretion, appoint such sub-committees as the Administrative Committee considers desirable, which sub-committees shall exercise such of the authority of the Administrative Committee as is expressly delegated by the Administrative Committee.

Powers and Functions of the Administrative Committee With Respect to Public Office Elections

(2) The Administrative Committee shall, subject to the overriding authority of State Conference:

(a) call and close nominations for public office;

(b) supervise the conduct of the Party’s election campaigns, appoint a Campaign Director and Central Campaign Committee;

(c) levy Party units for campaign purposes;

(d) endorse candidates to contest preselection ballots; and

(e) determine the Party’s official order of preferences for election to Parliament, Local Government and other public offices.

Special Powers and Functions of the Administrative Committee to Ensure Compliance With Commonwealth and State Income Tax and Electoral Legislation

(3) In order to enable the Party and its officials to comply with the provisions of taxation legislation and Commonwealth and State electoral legislation the Administrative Committee shall have the powers to:

(a) confirm all steps carried out by the State Secretary and State President to ensure compliance with the provisions of the Income Tax Assessment Act and the disclosure requirements of the Commonwealth Electoral Act and State Electoral Act as set out in the Rules and to call for reports from the State Secretary detailing compliance with the requirements under those Acts and Party Rules;

(b) determine all administrative procedures to ensure compliance by all constituent units (excluding Unions) with the requirements of the Income Tax Assessment Act and with the requirements of the Income Tax Assessment Act, Commonwealth and State Electoral Acts;

(c) levy any constituent unit (excluding Unions) an amount sufficient to cover the costs incurred in obtaining the information required for compliance with the provisions of the Income Tax Assessment Act and Commonwealth and State Electoral Acts;

(d) to ensure compliance with the provisions of the Income Tax Assessment Act and disclosure provisions of the Commonwealth and State Electoral Acts, the Administrative Committee be empowered to make any necessary consequential amendments to the Constitution and Rules of the Party to give effect to Rules 25 and 27.

Composition of the Administrative Committee

(4) The Administrative Committee shall be comprised of the following members:

(a) the State President;

(b) the three Vice-Presidents;

(c) the State Secretary and the Assistant State Secretary;

(d) the leader of the State Parliamentary Labor Party;

(e) the leader of the Federal Parliamentary Labor Party (where a Queensland Member of Parliament) or otherwise a representative of the Federal Parliamentary Labor Party chosen by and from Queensland members of the Federal Parliamentary Labor Party; and

(f) twenty ordinary members;

(g) the State Treasurer, who shall also be elected by the Administrative Committee and shall have speaking but not voting rights;

(h) the President of the Labor Women’s Network who shall have speaking but not voting rights;

(i) the President of AYL who shall have speaking but not voting rights;

(j) the General Returning Officer who shall have speaking but not voting rights;

(k) the Chairperson of QILN who shall have speaking but not voting rights;

(l) a Convenor of RLQ who shall have speaking but not voting rights;

(m) the Organisers referred to in Part F of these Rules, who shall have speaking but not voting rights;

(n) the Convenor of LEQ who shall have speaking but not voting rights; and

(o) the Convenor of MLQ who shall have speaking but not voting rights.

(5) Subject to Rule 19(4), employees of the Party are not eligible to be members of the Administrative Committee.

Proxies

(6) A member who is unable to attend a meeting of the Administrative Committee may be represented by a proxy who must be a member of the Party, but must not be an employee of the Party. The appointment of the proxy must be in writing and signed by the member. The State and Federal Parliamentary representative members of the Administrative Committee may only appoint other State or Federal members as their proxies as the case may be. Women members shall, in accordance with the principles of Affirmative Action, appoint women as proxies.

When Held

(7) The Administrative Committee shall meet at least monthly but shall not be required to meet in January unless it so resolves.

Quorum

(8) A quorum of the Administrative Committee shall be fourteen voting members or their proxies.

Notice of Meeting

(9) All members of the Administrative Committee shall be given written notice of every meeting of the Administrative Committee.

Special Meetings

(10) Special meetings of the Administrative Committee may be called by the President, the State Secretary or by a requisition of five voting members.

Flying minutes

(11) The State Secretary may take a vote by post, written email, or other electronic means, of members of the Administrative Committee with the written approval, which may also be conveyed by such means, of the State President and each State Vice President. The State Secretary shall be responsible for the conduct of the vote. Resolutions made pursuant to this sub-rule:

(a) shall have the same effect as a resolution of the Administrative Committee made in meeting;

(b) shall be notified to each member of the Administrative Committee immediately subsequent to being passed;

(c) be reported at the next ordinary meeting of the Administrative Committee and recorded in the minutes thereof; and

(d) to avoid any doubt, require the same majority as would be required for the resolution to be passed by a meeting of the Administrative Committee, provided that should the motion concern the conduct of a plebiscite, preselection, or election, the approval of the General Returning Officer shall also be required.

Replacement of Members Who Fail to Attend or Cease Membership

(12) Where an ordinary member of the Administrative Committee:

(a) ceases membership of the Party; or

(b) resigns from membership of the Administrative Committee; or

(c) is removed by State Conference, as provided for in AP7(2);the member shall be replaced as provided in Rule 55.

Speaking Rights of Administrative Committee Members

(13) Members of the Administrative Committee may attend and speak at all meetings of Party Units but shall not be entitled to vote on, or move or second, any motion in any Party Unit of which they are not members.

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20 Proxies: General Provisions

(1) Except where the Rules provide otherwise, any member or delegate unable to attend a meeting may appoint another Party member as a proxy. Proxies can only be credentialled under the following conditions:

(a) a proxy must be in writing and signed by the delegate or member;

(b) a proxy can be for a specified period and will be in effect for all meetings held during that period. If a period is not specified then the proxy is valid for only one meeting;

(c) a delegate or member who currently holds voting rights cannot hold a proxy for another delegate or member;

(d) except where multiple votes are allowed, a delegate, member or proxy can hold only one vote;

(e) a proxy can only be issued to a member who is from the same constituent group who appointed or elected the delegate or member issuing the proxy.

(2) A proxy cannot be issued for branch meetings, regional assemblies or Equity Group meetings or conferences where members attend in their own shall, in accordance with the principles of Affirmative Action, appoint women proxies.

[Contents]

Part E. Committees and Disputes Tribunal

21 Party Committees

(1) The Party shall have the following standing committees:

(a) a Rules Committee;

(b) a Finance Committee;

(c) a Policy Coordination Council; and

(d) a Central Campaign Committee.

(2) The governance, operation and membership of these standing committees shall be in accordance with Appendix Seven (AP7).

[Contents]

22 Disputes Tribunal

(1) The Disputes Tribunal shall, subject to the powers of National Conference, the National Executive and State Conference, mediate, conciliate, arbitrate or otherwise hear and determine all matters in dispute within the Party properly referred to it.

(2) The Disputes Tribunal shall operate independently in its deliberations at all stages of the disputes process.

(3) The procedures for the operation and conduct of the Disputes Tribunal shall be in accordance with Appendix Eight (AP8).

23 [Deleted 2018]

[Contents]

Part F. Officials

24 Officials

(1) The officials of the Party are:

(a) State President, who shall chair the State Conference and Administrative Committee and participate in other Party committees in accordance with these Rules;

(b) Vice-Presidents, who may assume the duties of President in the absence of the President, in accordance with these Rules;

(c) State Secretary, who is the Chief Executive Officer of the Party and shall, subject to these Rules, be responsible for the administration of the Party on a daily basis;

(d) Assistant State Secretary, who shall assist the State Secretary in the daily administration of the Party;

(e) Organisers, who shall assist the State Secretary and Assistant State Secretary and shall liaise with Party units and members;

(f) State Treasurer, who shall be responsible for overseeing the finances of the Party in conjunction with the State Secretary and Assistant State Secretary; and

(g) General Returning Officer, who shall have authority to supervise the conduct of all Party ballots, in accordance with AP9(21).

(2) The officials of the Party shall have the powers and responsibilities set out in, and shall be elected in accordance with Appendix Nine (AP9).

(3) The State President and State Secretary shall be members of all committees of the Party (other than committees established by Party Units).

[Contents]

Part G. Finances

25 Party Property and Funds

The Trustees

(1)

(a) All real and personal property of the Party (other than money) shall be held by Labor Legacies Pty Ltd as trustee for all of the members of the Party.

(b) Labor Legacies Pty Ltd shall keep a register of all such real and personal property.

(c) All money of the Party shall be held by the State President and State Secretary in trust for all of the members of the Party in accordance with these rules.

(d) The terms of the trusts referred to in this sub-rule are those contained in a Memorandum of Trust initialed by the Treasurer for identification and tabled at a meeting of, and approved by, the Administrative Committee after the 1994 State Conference of the Party. In the event of any inconsistency with the Memorandum of Trust, these rules are paramount.

Indemnity

(2) The Party hereby indemnifies the State President, State Secretary and State Treasurer against all liabilities, claims, actions, suits, proceedings, demands, losses, damages, costs, fees and expenses whatsoever incurred or arising out of or in connection with the State Secretary, State President and State Treasurer in their capacities as a State Secretary, State President or State Treasurer of the Australian Labor Party (State of Queensland) in the performance of duties imposed on them in relation to those officers by these Rules or applicable legislation, or failing, neglecting or omitting in good faith to perform any such duties other than those incurred or arising out of actual dishonesty on the part of the State Secretary, State President or State Treasurer.

Shareholders

(3) Notwithstanding Rule 25(1):

(a) voting shares in Labor Resources Pty. Ltd, Labor Holdings Pty. Ltd and Labor Enterprises Pty Ltd shall be held as to one share each by the State President, State Secretary and five other members of the Party to be elected by proportional representation in accordance with the Affirmative Action Rule at every third ordinary State Conference; and

(b) shares in any other corporation promoted by or incorporated for the purposes of the Party shall be held in proportions determined by Labor Holdings Pty. Ltd. or as the Administrative Committee shall determine.

(4) A member shall, when nominating for election as State President, State Secretary or a shareholder, sign a deed stating that by accepting a transfer of such shares, the member acknowledges that the shares are held on behalf of the members of the Party. The deed is contained in AR16.

(5) Subject to Rule 25(6), Labor Legacies Pty. Ltd. and such trustees referred to in Rule 25(1) shall so far as they may lawfully do so act in accordance with such authority and directions as may be given from time to time by the Administrative Committee.

(6) The powers of Labor Legacies Pty. Ltd. shall include the power to do all such things as they deem expedient for the purposes of or incidental or conducive to giving effect to the authority conferred on them or directions given to them by the Administrative Committee.

(7) In relation to every company any share in which is held pursuant to the deed for members of the Party, the trustees shall, so far as they may lawfully do so, ensure that the President, Secretary, Treasurer and five other persons elected by (but not necessarily from) the Administrative Committee after a State Conference that elects shareholders, are Directors of such Company. The Administrative Committee should take account of the principles of Affirmative Action in relation to the election of Company Directors.

Income

(8) The assets and income of the Party shall be applied solely in furtherance of its objectives and no portion shall be distributed directly or indirectly to the members of the Party except as bona fide compensation for services rendered or expenses incurred on behalf of the Party.

Income Tax

(9) To enable the Party to comply with the Income Tax Assessment Act (the Act) and to facilitate the provision of the Party’s income tax return:

(a) all Branches shall be provided with a tax file number by the State Secretary;

(b) all Party units shall within fourteen days of the end of each financial year provide details of income from all sources and expenditure together with a statement of assets and liabilities;

(c) all funds shall be banked in accordance with Rule 26(6) or as otherwise approved by the State President and State Secretary;

(d) to ensure compliance with the Act the State President and State Secretary are hereby empowered subject to ratification by the Administrative Committee to require any Party member and any Party unit to provide such information and such documentation as they deem to be necessary to comply with the Act;

(e) the powers vested in the State President and State Secretary pursuant to these Rules shall for the purpose of the Act overrule any other Rule contained within the Party’s Constitution and Rules.

Financial Year of the Party

(10) The financial year of the Party shall begin on 1 July and end on 30 June in each year.

Bank Accounts

(11)

(a) The Party shall operate such accounts with a bank or financial institution as are necessary or desirable for the operation of the Party as a whole and as are approved by the Administrative Committee.

(b) One of the said accounts shall be a Central Operating Account.

(c) All such accounts, including the Central Operating Account, shall be maintained in the name of the Party.

(d) In the case of the Central Operating Account, the signatories thereto shall be any two of the State President, State Vice-Presidents, State Secretary, and State Treasurer, and in the case of all other accounts, the signatories thereto shall be as determined by the Administrative Committee, or, in the case of a bank account maintained pursuant to Rule 26(6), any two of the President, Vice Presidents, Secretary and Treasurer of the Party Unit concerned.

(e) The State Secretary and/or Treasurer shall pay all moneys received by them for the Party into such accounts in accordance with the direction of the Administrative Committee.

Auditors

(12) Each year, at the first meeting of the Administrative Committee after the end of financial year, the Administrative Committee shall appoint a person or persons who are registered as auditors to be the Party’s auditors until next appointed, and that the shareholders shall so far as they are able, ensure that those auditors are also auditors of every company and share in which is held in trust for the Party.

(13) Such auditors shall be given access to all books of account, invoices, receipts and other financial records of the Party and shall be responsible for the preparation of reports, and report to the Administrative Committee. Such report shall state:

(a) whether the balance sheet and accounts of receipts and expenditures give a true and fair view of the state of the Party’s affairs;

(b) whether the accounting and other records of the Party (including registers) have been properly kept in accordance with these Rules;

(c) whether the auditors have obtained all the information and explanations that they require;

(d) whether, in the auditor’s opinion, returns submitted from Party Units are adequate; and

(e) any other matter which the auditors consider ought to be drawn to the attention of the Administrative Committee and/or State Conference.

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26 Property and Funds of Party Units

Property of Party Units

(1) All real and personal property of whatever nature shall be held in accordance with the provisions of Rule 25. The register of property (other than money) maintained by Labor Legacies Pty Ltd in accordance with Rule 25(1)(b) shall, where applicable, attribute the real property and personal property (or constituent parts of it) to the Party Unit responsible for the acquisition of the same. In these rules, such property, or constituent part or parts of it, which is attributed to a Party Unit in the register is referred to as the property of that Party Unit, notwithstanding that it is held on trust for all members of the Party in accordance with Rule 25(1).

(2) All personal property (other than money) of a Party Unit shall be administered by the Executive of that Party Unit subject to any direction by the Administrative Committee or Labor Legacies Pty Ltd. All other personal property of the Party shall be administered by Labor Legacies Pty Ltd subject to any direction by Administrative Committee. A direction under this sub-rule can only be made consistent with the Memorandum of Trust, the Constitution of Labor Legacies Pty Ltd and these Rules.

(3) In the case of real or personal property and money held by a Party Unit at the time of any electoral redistribution, the Party Units may not disperse funds held by the Party Unit, except with the permission of the Administrative Committee, and that the Administrative Committee should take into account the view of the outgoing Party Unit or any other relevant body.

Personal Property: Prudential Management

(4) To assist it in discharging its responsibilities as trustee under Rule 26(2), Labor Legacies Pty Ltd may require a Party Unit, at the unit’s cost:

(a) on the one occasion, or regularly, to commission an investment strategy report from an independent licensed investment adviser with respect to personal property held on trust by Labor Legacies Pty Ltd and attributed to the unit;

(b) to supply such reports to Labor Legacies Pty Ltd;

(c) to supply such other relevant documents held by the Party Unit as Labor Legacies may reasonably require; and

(d) to commission an audit of the financial affairs of the unit to be conducted by an auditor nominated by Labor Legacies Pty Ltd, provided that such requirements shall not be imposed unreasonably or oppressively.

(5) All interests in real property of the Party shall be held as provided for in Rule 25(1). The Executive of any Party Unit must promptly provide a report to the State Secretary if it acquires in any manner any real property on behalf of the Party or wishes to dispose of or deal with in any way any real property on behalf of the Party. The State Secretary must provide a report to Labor Legacies annually, or as otherwise agreed with Labor Legacies, about such dealings.

Bank Accounts

(6) The Secretary and/or Treasurer of any Party Unit shall:

(a) pay all monies received into an account or accounts at a bank or financial institution as approved by the Administrative Committee; and

(b) ensure any said account or details shall be in the name of the Party; and

(c) ensure online transfer service accounts, such as PayPal, can only be transferred to an account held by the Party Unit.

(7) The account of any Party Unit shall be operated upon only by a resolution of a meeting of that unit.

(8)

(a) The maximum amount of money held by a Branch, Party Unit in a bank account or bank accounts to which Rule 26(7) applies, in aggregate, shall be $10,000.00 or such other greater amount as the Administrative Committee may, from time to time, determine by administrative regulation. Any money in excess of that amount shall be transferred to, and held within, the Central Operating Account and shall be attributed to the Party Unit that has transferred it.

(b) The maximum donation that any Party Unit may receive in a bank account or bank accounts to which Rule 26(7) applies, shall be $3000. All donations in excess of that amount shall be paid to the Central Operating Account and shall be attributed to the Party Unit that has received the donation.

(c) Nothing in Rule 26(8)(a) shall prevent any Party Unit, in its discretion, from using the Central Operating Account in relation to monies to which Rule 26(8)(a) does not apply, which monies shall be dealt with in accordance with these rules.

(9) The State President and State Secretary shall keep detailed records of all amounts so transferred to the Central Operating Account, and of the total amount held in the Central Operating Account and attributed to each Party Unit at any time, such amount to include all interest accrued in respect of the money so transferred by the Party Unit.

(10) Any amount held within the Central Operating Account and attributed to a Party Unit shall be expended at the direction (on reasonable notice) of the Executive of the Party Unit, in accordance with these Rules.

(11) All campaign accounts conducted for endorsed candidates and endorsed public office holders shall be controlled by the relevant Party unit using the signatories identified in Rule 26(7). Any such account shall include the Australian Labor Party in its title. Where no relevant Party unit exists, the accounts shall be operated by signatories approved by the Administrative Committee.

(12) Notwithstanding the preceding Rules the State President and State Secretary or their authorised nominees shall by virtue of their office be deemed to be joint signatories upon all accounts covered by Rules 26(7) and 26(11) and as such empowered to carry out any transactions upon such accounts as they deem necessary, but only where the Administrative Committee has approved such action. The provisions of this Rule will ensure that the Party’s best interests are advanced, and further, it will also allow such actions to be taken so as to ensure compliance with the requirements of the Rules, and for the purpose of the Income Tax Assessment Act and the Commonwealth and State Electoral Acts.

Expenditure of Party Unit Monies

(13) The following Rules 26(14) to 26(17) inclusive apply to monies held in an account or accounts to which Rule 26(7) applies or within the Central Operating Account and attributed to a Party Unit.

(14) Such monies shall be expended on the following only:

(a) Party Unit administration;

(b) fundraising for the benefit of the Party;

(c) campaign and election costs;

(d) payment for services rendered to the Party Unit;

(e) payments for the assistance of other Party Units and/or the Administrative Committee.

(15) Notwithstanding Rule 26(14), such monies may, at the discretion of the Executive of the Party Unit, be expended to make donations in accordance with Rule 26(16) to:

(a) an affiliated trade union; or

(b) a non-affiliated not-for-profit body whose rules prevent distribution of its fund amongst its members and whose aims, objective, purpose or charter do not substantially conflict with the objectives of the Party.

(16) Donations made under Rule 26(15) shall be in the amounts:

(a) without further approval, of no more than $500.00 per donee and of no more than $5,000.00 in aggregate for all donees per financial year (or such other amounts as the Administrative Committee, from time to time, determines by administrative regulation); or

(b) with the approval of the State President and the State Secretary, which approval must subsequently be ratified by the Administrative Committee, of such amounts as are so approved.

(17) In the event that any Party Unit makes, in accordance with these rules, a donation to a non-affiliated body which body has deductible gift recipient status, the Party Unit shall obtain a receipt for the donation and shall provide a copy of the receipt to the State Secretary.Financial Report

(18) The Secretary and/or Treasurer of each Party unit shall prepare and submit to each annual general meeting a duly audited statement of receipts and expenditure, together with a full statement of assets and liabilities. A report on the current financial position will be made to each ordinary meeting and accounts submitted for approval. Where no relevant Party unit exists, the signatories for each account shall submit an audited statement to the Administrative Committee.Audit

(19) Such audit shall be conducted by one auditor to be appointed in the case of LWN at its conference and in all other cases at the last ordinary meeting in each financial year. Such auditors shall inspect all books of account, invoices, receipts, and other financial records of the organisation, and compare them with the statement prepared by the Secretary and/or Treasurer and furnish a report to the annual general meeting. In addition, Branch auditors shall ascertain that particulars have been properly entered in the membership register and that the Rules relating to membership are being complied with.

(20) The Administrative Committee may appoint an auditor other than provided for in Rule 26(19) to carry out an audit of a Party Unit.

(21) The Administrative Committee may direct a Party Unit to deliver to the State Secretary all books of account, invoices, receipts and other financial records.

[Contents]

27 Election Funding and Financial Disclosure

(1) The State Secretary or the nominee of the State Secretary shall be the agent for the Australian Labor Party (State of Queensland) as required by the State and Commonwealth Electoral Acts.

(2) The Party at all levels must keep the necessary records to enable the agent to complete the required returns and to claim the Party’s maximum entitlement for reimbursement of expenditure incurred as soon as possible after each election.

(3) The Secretary, or Treasurer of every Party Unit, every sitting Senator and Member and every candidate shall keep such records as may be required by the State Secretary and as is required by the relevant legislation.

(4) In particular, every Party Unit, Senator, Member and candidate will keep:

(a) a record of the true name and address of all donors to the Party whether for a purpose related to an election or otherwise; and

(b) a record of expenditure incurred in relation to any election (whether or not incurred during the election period).

(c) the making of a gift by any person or organisation to:

(i) any Branch;

(ii) any candidate;

(iii) campaign committee or electorate organisation.

(5) All Party units shall within one month of the end of each financial year provide details of all gifts and donations from any source including the name of the donor and the amount of the donation to the State Secretary.

(6) The State Secretary shall furnish each financial year, to the relevant Electoral Commission, a return in accordance with electoral disclosure obligations.

(7) To ensure compliance with the legislation the State President and State Secretary are hereby empowered subject to ratification by the Administrative Committee to require any Party member and any Party unit to provide such information and such documentation as they deem to be necessary to comply with the legislation.

(8) The powers vested in the State President and State Secretary pursuant to these Rules shall for the purpose of the legislation overrule any other Rule contained within the Party’s Constitution and Rules.

(9) No endorsed candidate, parliamentarian or local authority member shall operate, be a signatory to, nor accept the benefit for campaign purposes of any account other than an account held by a Party unit or the State Branch or as otherwise provided for under the Rules.

(10) All endorsed candidates for public office are required to take all necessary steps to ensure that electoral funding is assigned to the Party. The Administrative Committee may require a signed deed or form to direct electoral funding to be paid to the Party as a condition of nomination for preselection under Rule 48(2).

(11) Sitting members and candidates may only accept political donations in accordance with the Electoral Act 1992 (Qld).

(12) The State Secretary shall be deemed to be the Agent for all endorsed candidates and members for the purposes of the Electoral Act 1992 (Qld).

[Contents]

Part H. Party Units

28 Branches

Roles and Responsibilities

(1) The roles and responsibilities of Branches may include but not be limited to:

(a) promote the objectives and platforms of the Australian Labor Party;

(b) assist in the election of endorsed candidates for federal, state and local government by participating in fundraising and election campaigns;

(c) promote and encourage membership of the Party;

(d) encourage Branch members to develop strong links with local communities, engage in local community activities and participate in local community organisations;

(e) support the development and training of local Branch members;

(f) promote and develop the policies and platform of the Party and encourage Branch members to participate in all Party forums; and

(g) engage in social activities to provide fellowship amongst Branch members.

(1A) To fulfill the responsibilities in (1) above, Branches should:

(a) meet regularly in an appropriate and accessible location and venue;

(b) provide leadership and encouragement to new Branch members;

(c) provide a welcoming and respectful meeting environment;

(d) communicate regularly with Branch members to ensure their maximum participation;and

(e) conduct meetings in an informal and inclusive manner as determined by Rule 59(9).

Formation

(2) At least one Branch of the Party shall, on approval by the Administrative Committee, be established in each state electorate in Queensland.

(3) Additional Branches of the Party may, if approved by the Administrative Committee after seeking the views of nearby Branches and electorate organisations, be established in any state electorate in Queensland.

(4) Subject to Rules 28(2) and 28(3), any seven persons who are members or eligible for membership of the Party may, in accordance with these Rules establish (or re-establish) a Branch of the Party by:

(a) obtaining approval from the Administrative Committee, to form a Branch;

(aa) once approval has been granted, calling a meeting and passing a resolution as near as may be in the following form: “this meeting is in sympathy with the Labor Movement and accepts the platform and policies of the Australian Labor Party and resolves to establish (or re-establish) a Branch at…”; and

(b) electing Branch officers; and

(c) advising the State Secretary of what has been done (including names and addresses of those persons in attendance). The State Secretary shall then obtain final endorsement for the new Branch from the Administrative Committee.

(5) Other specialist Branches may be established in accordance with the Rules of the Australian Labor Party. Such Branches shall have the same status and fulfil the same functions as any other Branch. These Branches shall include:

(a) Women’s Branches;

(b) Aboriginal People and/or Torres Strait Islander Branches, in consultation with QILN;

(c) Policy, workplace or other Branches as determined by the Administrative Committee, provided that the proposal to form such a Branch be placed on notice for at least one month and notice of intention to form a Branch be circulated to all members and affiliated Unions, seeking support or objections to the proposal.

Re-establishment of Branches

(7) If a Branch is unable to obtain quorum for at least two consecutive meetings, then a member of that Branch may request that the Administrative Committee authorise a meeting, chaired by a nominee of the Administrative Committee to re-establish the Branch in accordance with Rule 28(4).

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28A Campaign Committees

(1) After each election for federal, state, or local government, the Administrative Committee shall approve the formation of Campaign Committees in each relevant federal division, state electorate or local government area, ward or division, subject to Rule 29(9).

(2) Campaign Committees shall be responsible for overseeing the planning and implementation of the campaign for the election of endorsed candidates to federal, state, or local government.

(3) Campaign Committees shall ensure that all local Branches and Party members are kept regularly informed of events and other campaign activities.

Composition of the Campaign Committee

(4) Each Campaign Committee shall consist of:

(a) a Convenor, who shall chair meetings of the Campaign Committee;

(b) the candidate (if endorsed) or sitting MP or Councillor;

(c) a Campaign Director (who may also be the Convenor);

(d) a Secretary;

(e) a Treasurer;

(f) a Volunteer/Branch co-ordinator;

(g) Branch representatives, if Branches determine to send a representative;

(h) other positions the Campaign Committee may determine from time to time.

(5) All Campaign Committee members shall be financial members of the Party.

(6) Once endorsed, a candidate shall appoint a Campaign Director who must be a financial member of the Party, endorsed by the Central Campaign Committee or the Administrative Committee. Prior to endorsement of a candidate the Convenor shall act as the Campaign Director. In electorates, divisions or wards held by the Party, the sitting member shall appoint a Convenor.

(7) All Campaign Committee members, including Branch representatives, shall undertake to be actively involved in the campaign and shall support the candidate and Campaign Director. Any person not acting in the interests of the Campaign Committee may be removed by a decision of the Campaign Committee.

Duties of the Campaign Director

(8) The Campaign Director shall be responsible for the overall conduct of the election campaign. The duties of the Campaign Director shall include:

(a) liaise directly with the candidate;

(b) co-ordinate the campaign team and report regularly to the Campaign Committee;

(c) convene Campaign Committee meetings in the absence of the Convenor;

(d) report to the State Campaign Director orally or in writing, as required;

(e) develop a campaign plan in conjunction with the Candidate and Campaign Committee;

(f) develop a campaign budget and fundraising plan in conjunction with the Campaign Treasurer;

(g) ensure co-ordination with the central campaign, as required;

(h) other matters as determined by the Campaign Committee.

Levies on Branches

(9) A Campaign Committee wishing to raise funds by special levy upon Branches shall advise its intention to all Branches specifying such amounts and time proposed. It shall by notice of motion call a meeting to decide the levy and then submit it to the Administrative Committee for approval.

(10) Levies shall be applied to Branches in accordance with Administrative Regulation Seven (AR7).

Fundraising

(11) A Campaign Committee may raise funds by such means as it may deem desirable provided that it is in accordance with Appendix Ten: Fundraising Code of Practice (AP10).

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29 Electorate Organisations

Formation

(1) Branch members may determine to create a local electorate organisation to operate alongside the local campaign committee. This organisation cannot undertake any of the roles or responsibilities of a campaign committee (Rule 28A), but may provide further organisational and administrative support to local Branches, if required.

(1A) Branches may affiliate with their local electorate organisation, if one exists, and shall be entitled to send representatives to that electorate organisation in accordance with procedures determined from time to time for that electorate organisation.

(2) The structure and organisation of the electorate organisation may vary according to the needs of local Branch members, and may take the form of:

(a) an electoral council consisting of branch delegates;

(b) a roundtable consisting of Branch presidents and secretaries;

(c) a member-based forum consisting of some or all local Branch members;

(d) another structure approved by the Administrative Committee.

(3) An electorate organisation may be formed where at least two Branches operate within a federal division, state electorate or local government area, ward or division.

(4) A proposal to create an electorate organisation must be proposed by at least two Branches and obtain the approval of the Administrative Committee.

(5) A proposal approved by the Administrative committee shall only take effect with the support of a absolute majority votes of eligible local Branch members by online ballot. The General Returning Officer or nominee shall have authority to conduct the ballot.

(6) Any proposal to create an electorate organisation must include:

(a) purpose of the organisation;

(b) specific roles and responsibilities of the organisation;

(c) process for determining Branch representation.

(7) Each electorate organisation shall comply with Rule 30.

(8) Each electorate organisation shall operate in accordance with Administrative Regulation Seven (21).

(9) Existing electoral councils shall remain in operation in accordance with the 2017 Rules and electoral councils wishing to cease operations and move to the new electorate organisation structure [Rule 29 (1-8)] may apply to the Administrative Committee.

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30 Officers and Executives for Party Units and meetings of Party Units

Officers and Executives

(1) Except where the Rules provide otherwise, every Party Unit shall have an executive comprising:

(a) a president;

(b) two vice-presidents; and

(c) secretary;

(d) where the unit so resolves, a treasurer and/or a minutes secretary to assist the secretary;

(e) the unit may, from time to time, create other executive or non-executive positions as required to fulfil its objectives;

all to be elected at the annual general meeting, provided that any new executive positions to be filled at the annual general meeting are determined at a meeting prior to the annual general meeting and the appropriate notice in accordance with Rule 30(13) is given to delegates and Branch members. Any position not filled at the annual general meeting shall be filled under Rule 30(6).

President and vice-presidents

(1A) The president shall be responsible for chairing Party Unit meetings and the Party Unit executive. Vice-presidents shall act in place of the president when absent. The president of any Party Unit shall be recognised as its chief executive officer and, in the absence of the secretary or any other officer through illness or for any other reason, the president shall carry out the duties of such officer. In the absence of the president, a vice-president shall fulfil the role.

Secretary

(2) The secretary shall:

(a) record the minutes of all meetings and conduct the correspondence and, where no treasurer is elected, carry out the duties of that office;

(b) return duly completed, after each annual general meeting of the unit, the standard form provided by Party Office showing finances, property, balance sheet and other information relative to the unit;

(c) promptly forward completed Membership Application forms and ALP Membership Renewal forms together with membership fees, and Registration forms (white Party Office copy only) to the State Secretary so that Membership Cards may be issued as soon as possible; and

(d) except where the Party unit has resolved to elect a treasurer, the secretary shall carry out the functions of the treasurer required under the Rules; and

(3) A member on ceasing for any reason to be secretary, shall forthwith inform the State Secretary of that fact and of what has been done or is proposed to be done with the books and other property in the possession of the secretary.

Treasurer

(4) The treasurer shall receive all monies, issue receipts, and bank such monies as soon as possible. The treasurer shall keep records necessary to comply with Rules 26(5) and 26(8).

Property and Funds

(5) The property and funds and appointment of auditors of Party units shall be governed by Rule 26.

Vacancies

(6) Any vacancy in any position in a Party unit may be filled on notice of motion by an ordinary or special meeting called in writing of members or all delegates to that unit.

Committee

(8) A Committee or subcommittee may be appointed for any special purpose.

(9) When appointing a committee, the Party unit must define the scope and functions of such committee.

(10) Any committee may present a report to the unit establishing it, and shall do so when that unit considers such a report necessary and gives notice to the Chairperson or Secretary of the committee no later than the previous general meeting of the unit.

(11) The number of members of any committee shall be determined by a resolution of the Party unit appointing it, and members of the committee shall be elected by ballot. No person other than a member of the unit establishing the committee shall be eligible for such election. The president and secretary of the Party unit shall be ex-officio members of each committee and shall exercise their respective official functions on such committee.

Annual General Meetings

(13) Each Branch or electorate organisation shall hold an annual general meeting called in writing with not less than 14 days notice for a Branch or one month notice for electorate organisations, which shall be held:

(a) in the case of a Branch, during the month of July;

(b) in the case of electorate organisations, during the month of August;

provided that Branch Secretaries shall notify all members of the Branch and Secretaries of electorate organisations shall notify all affiliated Branches and representatives where advice has been received. Where an annual general meeting is not called with the appropriate notice or where a quorum is not reached, the unit executive shall determine a new date as soon as possible and shall notify members or delegates by not less than 14 days written notice. When an annual general meeting is unable to be convened by the above procedures, then the unit executive shall, or a member may, inform the State Secretary who may take appropriate actions.

(14) The annual general meeting shall:

(a) elect its officers and other members of the executive, who shall hold office until their successors are appointed;

(b) in the case of Branches, elect representatives to the relevant electorate organisations, if required.

(15) The annual general meeting shall receive the financial report prepared by the secretary and/or treasurer pursuant to Rule 26(18) audited in accordance with Rule 26(19).

(16) [Deleted 2018]

Ordinary Meetings of Party Units

(17) Ordinary meetings of Branches, shall be held monthly (not including January), or less frequently where approved by the Administrative Committee to suit local conditions;

(18) Meetings shall commence at the time appointed by the Party unit. If at the expiration of half an hour after the time appointed, a quorum is not present, the meeting shall lapse.

(19) The order of business of any ordinary meeting shall be dealt with as set out under Rule 59(7).

(20) The Party Unit executive shall endeavour to streamline meeting procedure and business to allow maximum time for political discussion.

Special Meetings of Party Units

(21) Special meetings may be summoned at any time by the president and secretary, or on requisition to the president (or in the absence of the president, the secretary) signed by not less than seven financial members of the Party Unit. The nature of the business to be considered at any special meeting shall be set forth in the notice convening it. Such special meetings cannot consider the registration of new members nor can the registration of new members be used as the reason for calling a special meeting.

Quorum and Proxies

(22) The quorum for a Party Unit general meeting shall be not less than five members

(23) Proxy delegates shall be allowed at meetings of electorate organisations and Equity Group Executive meetings. Any such proxy delegate shall be a member of the Branch or Equity Group concerned, and credentialled in writing by the delegate.

(24) No member may cast a proxy vote at a Branch meeting.

(25) Voting at any meeting shall be confined to members and proxies in attendance. No member or proxy shall exercise any other vote than that member or proxy’s own.

(26) Where the Chairperson of any meeting is satisfied that, whether intentionally or otherwise, any breach of the Constitution and General Rules has been, or is about to be committed and has ruled accordingly, the Chairperson shall, in the event of that ruling being opposed by a majority vote of such meeting, at once declare the meeting closed and report the facts to the State Secretary forthwith.

(27) Conduct of any meeting shall be governed by the standing orders contained in Rule 59.

31 [Deleted 2018]

32 [Deleted 2018]

33 [Deleted 2018]

[Contents]

34 Equity Groups

(1) The Party recognises the need for active strategies to promote equity in accordance with its objectives and seeks to further equity programs and outcomes, including resources, access and structure, through the following Equity Groups:

(a) Australian Young Labor (Queensland);

(b) Labor Women’s Network;

(c) Queensland Indigenous Labor Network (QILN);

(d) Rainbow Labor Queesland;

(e) Labor Enabled Queensland

(f) Multicultural Labor Queensland.

(2) The powers, membership, responsibilities and operation of Equity Groups shall be in accordance with Appendix Eleven (AP11).

35 Labor Associations

(1) Branch members or affiliated Unions are entitled to establish Labor Associations in accordance with Rule 35(3-5) below.

(2) Labor Associations shall be formed to provide forums for branch members and affiliated unions to undertake policy research, discussion and debate, targeted campaigning and community engagement.

(3) A Labor Association may be established by the Administrative Committee or State Conference provided the following administrative conditions are met:

(a) at least 30 financial Branch members have agreed to join the Labor Association. Each intending member must sign the Labor Association application form (see AR16);

(b) a member of the SPLP, a member of the Queensland FPLP or an affiliated Union agrees to act as patron for the Labor Association; and

(c) proposed rules and a statement of objectives endorsed by the Labor Association’s interim executive is provided with the application.

(4) A Labor Association shall cease to exist if any of the administrative conditions in Rule 35(3) are no longer met.

(5) A Labor Association shall not be established if its objectives are similar to existing Equity Groups as determined by Rule 34.

(6) A Labor Association shall only be established if its objectives are consistent with the State and Federal Policy Platforms.

(7) Proposed changes to the structure, rules and objectives of a Labor Association must be ratified by the Administrative Committee before taking effect.

(8) Labor Associations shall be entitled to the same level of administrative support afforded to Equity Groups and must adhere to the same administrative, meeting and financial requirements in accordance with these Rules.

(9) Labor Associations are entitled to submit motions directly to State Conference and Regional Member Assemblies, state and federal policy committees.

35A Regional Member Assemblies

(1) Regional Member Assemblies may be formed in a federal division, or groups of federal divisions, or parts thereof, to provide a regular forum for financial members to discuss policy and other matters, receive reports from Party officials, political representatives, conference delegates, local Branches and other Party Units, and local campaigns.

(2) The areas covered by the Regional Member Assembly shall be determined by the Administrative Committee, after consultation with local members.

(3) All financial members residing in the area determined in (2) above shall be entitled to attend the Assembly and vote on all matters placed before the meeting. However, the Administrative Committee may determine that a Regional Member Assembly be based on a delegate structure, provided that all eligible financial members are given the opportunity to vote on the proposal.

(4) Each Regional Member Assembly shall be administered by an Executive, elected by financial members each year in accordance with these Rules.

(5) Regional Member Assemblies shall meet at least three times a year at locations within the Assembly’s area as determined by (2) above, or less times if approved by the Administrative Committee, after consultation with local members.

(6) In accordance with Rule 13A, Regional Member Assemblies may register new applicants and unregistered members.

(7) Agenda items for Regional member Assemblies must be submitted to the Secretary at least 1 week prior to a scheduled meeting. Items may be submitted by Branches, Unions, Equity Groups, Labor Associations and Campaign Committees. Items submitted less than 1 week prior, or on the day of the meeting, or from individual Branch members, shall only be considered by the Regional Member Assembly if there is no dissent.

(8) Regional Member Assemblies shall be organised in accordance with Administrative Regulation Seven (AR7) (22).

[Contents]

PART I. Public Office

36 Electoral Objective

(1) The Party will take united action to secure the election to the Australian and Queensland Parliaments of endorsed candidates who undertake to join the Federal or State Parliamentary Labor Party (as the case may be) with its own leader and its own policy consistent with the policy of the Australian Labor Party or of the Australian Labor Party (State of Queensland) and who pledge not to oppose any other endorsed candidate of the Party.

(2) The Party will endeavour to secure the election to local government of endorsed candidates who shall caucus in like manner to that set out in Rule 37(5).

37 Caucus

(1) The State Parliamentary Labor Party and each Municipal Party shall have a caucus constitution, a copy of which shall be lodged with the State Secretary and any changes advised forthwith. All caucus constitutions and rules shall be subject to the Rules of the Party and in the event of any conflict the Rules of the Party shall prevail.

(2) The Chairperson and members of committees in local government shall be elected by optional preferential ballot at the first duly constituted meeting of caucus held after a general election.

(3) Any member of Parliament or representative in local government who refuses or fails to abide by the decisions of their caucus is liable to be expelled from the Party provided that the caucus decision is not contrary to any National or State Conference decision.

(4) Any member of Parliament or representative in local government who violates the platform or policies of the Party shall not be eligible to attend or take part in any caucus.

State Parliamentary Labor Party Caucus

(5) Not later than 14 days after the last poll is declared for a State general election, the leader, or failing the leader, the deputy leader, or failing them both, the secretary of the Parliamentary Party, or failing all of these, then the member most senior in occupancy or some other member agreed upon by a majority of the members, shall call a meeting of the successful candidates, and the decisions of that caucus and any other caucus of such members shall, subject to the authority given to the National Executive and National Conference by the National Rules and the authority given to the Administrative Committee and State Conference by these Rules, be binding on all members of Caucus.

38 Parliamentary Levy Fund

(1) All members in Parliament and endorsed local government councillors shall pay a levy of 7 per cent of their salaries into a special account to be operated on by the State Secretary and State President upon the recommendations of the State Treasurer and Finance Committee.

(2) Contributions to the levy fund are to be paid not less frequently than three months in arrears.

[Contents]

39 Direct Election of Leader of State Parliamentary Labor Party

(1) The Leader of the State Parliamentary Labor Party (SPLP) shall be elected by a combined democratic vote, in three separate ballots, consisting of:

(a) individual members of the SPLP (one third);

(b) individual branch members who are eligible in accordance with Rule 44 (one third); and

(c) Unions affiliated to the Party allocated votes in accordance with Appendix Six and Rule 56(3) (one third).

(2) The General Returning Officer (GRO) shall be responsible for the conduct of each ballot.

(3) Eligible branch members, Unions and members of the SPLP shall vote in separate optional preferential ballots in accordance with these Rules. Members of the SPLP and Union delegates casting a vote on behalf of their Union, cannot also vote as Branch members.

(4) Votes shall not be counted until all three of the SPLP, Union and Branch ballots have been conducted and voting papers shall be stored in a secure location until that time.

(5) The General Returning Officer shall convert the results of each candidate for each ballot to an equivalent of 50 votes, so that the total combined, converted votes shall equal 150.

(6) The converted votes for each candidate shall be combined and the candidate with the highest number of combined votes, after the distribution of preferences (if required) shall be the successful candidate. Preferences shall be distributed in accordance with AP13(14-18).

(7) A ballot for Leader of the SPLP shall be called if any of the following conditions are met:

(a) a state general election loss;

(b) a casual vacancy where the Leader resigns or becomes permanently unavailable; or

(c) not less than 50% of members of caucus petition the State Secretary for a ballot.

(8) The Administrative Committee must, as soon as practical, once any of the conditions in Rule 39(7) are met, call for nominations for SPLP Leader and approve a timetable for elections on the advice of the General Returning Officer.

(9) The Administrative Committee may determine limits on campaign expenditure and other matters, including a code of conduct for candidates and third parties supporting candidates.

(10) Unions must provide equal access for candidates as part of the democratic process they undertake to determine their vote, in accordance with the Administrative Regulations.

[Contents]

40 Selection of Candidates for the House of Representatives, the Legislative Assembly and Local Government

(1) Candidates for the House of Representatives, the Legislative Assembly and the Brisbane City Council shall be selected by a joint vote of the Electoral College and preselection ballot of Branch members in the particular electorate using optional preferential voting with preferences not being distributed until combined with those of the Electoral College.

(2) The preselection ballot of Branch members shall be valued up to a maximum of 70 per cent of the joint vote depending on the number of formal votes cast by eligible Branch members. The branch member proportion of the joint vote shall be determined in accordance with the procedures for calculating and counting the joint vote in Appendix Twelve (AP12).

(3) Such preselection ballot of Branch members shall be conducted in accordance with Rule 53.

(4) The vote of the Electoral College required by Rule 40(1) shall be conducted in accordance with these Rules, including Rule 45 and Appendix Twelve (AP12).

(5) Candidates for other local authorities shall be selected by a preselection ballot of Branch members in the particular electorate or group of electorates: the method of selection and groupings, if any, to be determined by the Administrative Committee.

[Contents]

41 Selection of Senate Candidates

(1) Senate candidates shall be elected in accordance with the Direct Election Rule (Rule 56), or by the Administrative Committee in the event of a double dissolution or casual vacancy, and candidates will appear on the Senate team in the order in which they are elected. (2) The Administrative Committee shall determine the number of candidates to be included on the Senate team.

(3) All nominations for Senate candidate must be accompanied by a petition of two hundred (200) eligible Branch Members supporting the nomination of that candidate (see AR16).

(4) Each Senate vacancy shall stand alone and a candidate selected in any Senate team shall not have prior rights in any future Senate selection where a normal or casual vacancy occurs.

(5) When a double dissolution is announced, the General Returning Officer will call nominations and the State Secretary will call the Administrative Committee together to meet within 48 hours.

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42 Selection of Mayoral Candidate for the City of Brisbane

(1) The candidate for the Mayor of Brisbane shall be elected in accordance with Rule 40(1-4), except in extraordinary circumstances by the Administrative Committee.

(2) The ballot of branch members shall be restricted to all members who are enrolled in the Brisbane City Council local government area and are eligible in accordance with Rule 44.

(3) All nominations for Mayoral candidate must be accompanied by a petition of fifty (50) eligible Branch Members supporting the nomination of that candidate (see AR16).

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PART J. Plebiscites and Preselections

43 Democratic Principles of Preselection and Plebiscite Processes

(1) All returning officers and presiding officers, officers of the Party at all levels, Party Units and employees of the Party shall deal with all nominees for selection under these Rules in a completely impartial and evenhanded way.

(2) The processes outlined in these Rules and related Administrative Regulations for the preselection ballots of candidates for election to public office shall satisfy the principles of free and democratic elections as described in the Electoral Act 1992.

44 Eligibility to Vote

(1) In order to be eligible to vote in a plebiscite for an internal party position or a preselection ballot for a candidate for public office, a member must have not less than six months continuous financial membership in a Branch on the day of opening of nominations and if they are a continuing member, is only entitled to vote in the division/electorate/ward where he/she is listed as being legally enrolled as at 31 January or 31 July immediately prior to the date of opening of nominations.

(1A) A member who has not less than six months continuous financial membership in a Branch on the date of opening of nominations, but due to age, citizenship or some other disqualifying reason is not enrolled as at the relevant cut-off day, is entitled to vote in the division/electorate/ward where he/she legally enrols upon becoming eligible to vote. A member who transfers from an interstate branch of the ALP who meets the necessary requirements for registering with a branch in Queensland is entitled to vote in the division/electorate/ward where that member legally enrols upon becoming eligible to vote in accordance with these Rules.

(2) Notwithstanding (1) the following members shall be entitled to vote in internal party plebiscites provided they meet branch registration and financial membership requirements as determined in (1) above. Proof of residential status requirements shall be determined in accordance with Administrative Regulation Ten (AR10):

(a) any person 14 years of age but under 18 years of age;

(b) a holder of a Special category Visa (subclass 444).

Verification

(3) The State Secretary shall be responsible for verifying all eligible voters in accordance with Administrative Regulation Ten (AR10).

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45 Calling of EOI and Nominations

(1) The procedures for calling of and submitting expressions of interest (EOI) and nominations shall be the responsibility of the Administrative Committee, in consultation with the General Returning Officer, in accordance with Administrative Regulation Eleven (AR11).

Emergent Situations

(2) Notwithstanding anything else in these Rules, in the case of an emergent situation, of which the Administrative Committee shall be the sole judge, the Administrative Committee may, by a two-thirds majority decision, determine the procedure for the calling of nominations and for selecting and endorsing a candidate.

(3) In this Rule, “emergent situation” includes a determination of the Disputes Tribunal to:

(a) declare the selection result void; or

(b) make recommendations as to the further conduct of the preselection or plebiscite.

Retiring Representatives

(4) Sitting Federal, State and Local Government representatives shall give written notice to the State Secretary of their intention to retire prior to the close of nominations. Each public office holder shall be required to renominate or advise of their intention to retire at least fourteen days prior to the close of nominations or such longer period of time as determined by the Administrative Committee. Where the public office holder does not indicate such intention within the time period or does not renominate, the General Returning Officer shall recall nominations in that area. To avoid any doubt, nominations shall remain open for a period not less than fourteen days.

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46 Qualifications of Candidates

(1) Subject to Rule 46(3), every nominee for selection as a candidate for the Senate, the House of Representatives, the Legislative Assembly, Local Government must be a financial and registered member of the Australian Labor Party (State of Queensland) and have no less than six months continuous Branch membership immediately prior to the opening of nominations.

(2) Subject to Rule 46(3), every nominee for internal plebiscite (see Forms F-1—F-8) must be a financial and registered member of the Australian Labor Party (State of Queensland) and have no less than six months continuous Branch membership immediately prior to the opening of nominations. Candidates for Branch delegate to State Conference must be enrolled in the relevant federal division, or be registered to a Branch affiliated with the relevant federal division, for a period of not less than three months prior to the opening of nominations for election of Branch member delegates. Branch affiliations shall be determined by the Administrative Committee following consultation.

(2A) For positions that have a residential eligibility (divisions or zones), the member must provide evidence of residency by proof of enrolment or by verification using Form K (AR16) for a period of not less than three months prior to the opening of nominations.

(3) In special circumstances, the Administrative Committee may, by a two-thirds majority of delegates present and voting, endorse a member with less than the required continuity.

(4) If no candidate for public office is available who is fully qualified by reason of membership, a candidate not so qualified may be selected if approved by the Administrative Committee. Provided always that if a candidate has been previously endorsed for the same level of government, in accordance with the provisions of this Rule, then that candidate may be endorsed on any future occasion, even though other candidates are available with the necessary continuity of membership.

(5) Every nominee who is eligible by occupation to be a member of a Union must be a financial member of a Union covering that calling.

(6) A member may only nominate in one division/electorate/ward for the House of Representatives, the Legislative Assembly and Local Government in the relevant pre-selection round or in one division or zone as a delegate to State or National Conference.

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47 Candidate Suitability Panel

(1) A person seeking preselection for public office must be assessed for suitability for candidacy by the Candidate Suitability Panel (“the Panel”) by submitting an expression of interest prior to the Administrative Committee’s consideration of their nomination under Rule 49(1).

(2) The members of the Panel shall be:

(a) the State President;

(b) the State Secretary; and

(c) three ordinary members.

(3) The ordinary members of the Panel shall be appointed by resolution at each State Conference in accordance with the Affirmative Action Rule.

(4) The ordinary members of the panel must:

(a) have not less than five years continuous financial membership;

(b) not hold elected public office, nor be involved in the day-to-day political activity of the Party;

(c) not be an employee of the Party;

(d) not be a provider of paid professional services to the Party; and

(e) be a Party member of such standing that he or she would be regarded by party members as an eminent Party member, through distinguished service in public office, the trade union movement or as an executive member of the Party, thereby understanding the role and responsibilities of those who service in elected public office.

(5) Expressions of interest shall be called periodically by notice to party members and affiliated unions. An expression of interest may be submitted at any time.

(6) Each meeting of the Panel must have a minimum of four (4) members present. The Panel shall meet regularly throughout the year to assess EOIs.

(7) The Panel will determine whether or not a person is suitable by reference to criteria to be determined by the Administrative Committee.

(8) The suitability criteria shall be determined by resolution of two-thirds of the Administrative Committee.

(9) The Panel must provide its report on the suitability of individuals who have submitted an expression of interest to:

(a) the individual submitting the expression of interest; and

(b) the Administrative Committee for consideration of endorsement under Rule 49.

(10) The Administrative Committee may determine the disclosures, reports and checks including criminal history that a person must submit to the Panel when submitting an expression of interest. The Panel may also request further information to support its deliberations.

(11) Once a person has lodged an Expression of Interest, they must provide all outstanding required documentation within fourteen (14) days or their EOI may be invalidated by the Candidate Suitability Panel.

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48 Parliamentary Levy Fund

(1) Any nominee who is a sitting member and is subject to Rule 38 and is in arrears by more than three months, shall not be endorsed.

(2) In addition to the above, candidates for public office must forward to the relevant returning officer before the time set out for the closing of nominations:

(a) the appropriate Levy Deduction Authority, signed by the candidate, as set out in AR16; and

(b) the agreement to comply with the Fundraising Code of Conduct, signed by the Candidate, as set out in AR16; and

(c) a signed Candidate Party Building and Fundraising Commitment as determined by the Administrative Committee.

(d) a form or deed directing electoral funding received by the candidate to be paid to the Party. [see Rule 27(10)]

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49 Endorsement of Candidates

(1) No candidate shall take part in a plebiscite or preselection ballot unless first endorsed by the Administrative Committee.

(2) The Administrative Committee shall not endorse any candidate who, as a result of careful investigation, is shown to be lacking in the necessary character, loyalty and ability to be a satisfactory representative of Labor in an elective capacity.

(3) A person shall not be endorsed for public office if such person’s record shows failure, without good and cogent reasons, to vote for and/or defend Labor’s legislation or if that person’s candidature may prejudice Labor’s prospects.

(4) A person shall not be endorsed for public office if that person is not an Australian citizen.

(5) The Administrative Committee may withdraw the endorsement of any candidate on the grounds of unfitness for the position, or whose past career renders the candidate unworthy of confidence, or for failure to acknowledge receipt of copy of model procedures as required by AR11(13)(d).

(6) A person who is a member of any association, Union or group of persons or society having objectives contrary to the Party platform or policy shall not be endorsed.

(7) Any member who is an employer and has actively discouraged employees from Union membership shall not be endorsed.

(8) Branches being aware of any action of or circumstances in connection with a person nominated as an Australian Labor Party candidate that would prejudicially affect such person in the matter of endorsement shall advise the State Secretary of any such action or circumstance.

(9) A nomination shall not be rendered informal by any merely technical irregularity. The Administrative Committee shall decide whether any irregularity is such as to render a nomination informal.

(10) A candidate who has been knowingly and willingly selected or endorsed by any Party unit or affiliated Union, or any section of an affiliated Union for the purpose of furthering that candidature in any selection shall not be endorsed.

(11) No endorsement may be revoked, and no endorsed candidate may withdraw unless found not to be qualified under the Rules, or unless such withdrawal or revocation is approved by the Administrative Committee.

(12) The Administrative Committee shall hold a candidate forum during a preselection for public office. The date and location for the forum shall be determined at the same time as the timetable for preselection.

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50 Automatic Expulsion: Standing Against Endorsed Candidate

(1) Any member who stands for election to public office against an endorsed candidate shall automatically cease to be a member of the Party, and shall not be readmitted to membership without the approval of State Conference.

51 Electoral College

(1) The Electoral College shall comprise:

(a) The State President;

(b)

(i) in the case of federal elections, where the leader of the Federal Parliamentary Labor Party is a Queenslander, the leader or the leader’s nominee, and otherwise a representative of the Federal Parliamentary Labor Party chosen by Queensland members of the Federal Parliamentary Labor Party;

(ii) in the case of state elections, the State Parliamentary Leader or the Leader’s nominee;

(iii) in the case of Brisbane City Council elections, the leader of the Brisbane Municipal Labor Party or the leader’s nominee; and

(c) Delegates from each affiliated Union equivalent to their State Conference entitlement as determined at the most recent audit and calculated in accordance with Appendix Six (AP6). The Administrative Committee shall credential a list of delegates for each Electoral College.

(2) Unions shall provide a list of Electoral College delegates to be credentialled by the Administrative Committee and that list shall remain in authority until replaced or amended by the Union at any time. All changes to Electoral College delegates will need to be approved by the Administrative Committee. The Votes of Union delegates for Electoral College shall be converted to a total of 28 votes in accordance with Appendix Twelve (AP12) (4).

(3) Electoral College shall be conducted in accordance with the procedures outlined in Appendix Twelve (AP12).

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52 Conduct of Plebiscites and Preselection Ballots

Canvassing

(1) Candidates shall be entitled to canvass personally all eligible voters but no member shall circulate any printed material that is defamatory of any candidate or damaging to the Party. Any material circulated shall be authorised by its author.

(2) No candidate in a plebiscite or preselection ballot shall collect ballot papers in person from any voter.

Ballots

(3) Preselection ballots shall be held for the preselection of candidates for House of Representatives and Senate, Queensland Parliament, Brisbane City Council and other endorsed local authority teams, and plebiscites shall be held for the selection of internal Party positions (see Forms F-1—F-8).

Voting Rights

(4) Voting in a plebiscite or preselection ballot shall be by secret ballot.

(5) An eligible voter shall have only one vote in a plebiscite or preselection ballot.

(6) A vote in a plebiscite or preselection ballot shall be informal unless it complies with the provisions of Rule 53(7) and further makes the voter’s intention clear.

Scrutineers

(7) A candidate in a plebiscite or preselection ballot is entitled to appoint a scrutineer in accordance with Administrative Regulation Twelve (AR12).

Disputes

(8) Any dispute as to the consequence of a plebiscite or preselection ballot shall be notified in writing to the State Secretary within seven (7) days of the declaration of that preselection ballot, otherwise the result shall not be open to challenge.

(9) Before the expiration of the time referred to above, no Party Member or Party official shall hold out any candidate as having been endorsed by the Party except that the State Secretary with the authority of the Party Officers may announce the successful candidate at any time after the preselection ballot.

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53 Voting Methods

(1) Where these Rules provide for the application of the system of proportional representation, Appendix Thirteen (AP13) shall apply.

(2) In any other cases except where these Rules provide otherwise:

(a) for single positions, voting shall be by optional preferential ballot in accordance with Appendix Thirteen (AP13);

(b) for other Branch positions, voting shall be by the system of simple majority voting (first past the post) with each person entitled to vote having one vote for each position to be filled but not to cast more than one vote in favour of any one candidate.

(3) Except in the case of a plebiscite and/or preselection ballot, where Rule 52 applies, when the system is simple majority voting, and the vote is tied, another vote shall be taken, and if that vote is tied, the result shall be determined by lot.

(4) Instructions on the method of voting and the number of persons to be elected shall be placed on the ballot paper. Notwithstanding such instructions the vote shall be counted provided that the intention of the voter is clear.

(5) In all plebiscites and/or preselection ballots, ballot papers for postal ballots shall be initialled by the returning officer or presiding officer in a colour different from that on which the ballot paper is printed.

(6) The ballot paper shall have placed on it the following instructions: ‘For your vote to be valid you must indicate your first preference by placing the number (1) opposite the candidate of your first choice. You may then, if you so desire, show continuing preferences for some or all of the remaining candidates by placing the numbers 2, 3, 4, etc. opposite their names, in the order you desire them elected. Use each number only once.’

(7) For a vote to be formal it must have the number (1), a tick or a cross, placed against only one of the candidates to indicate the voter’s first preference. Then, optionally, the voter may write the numbers 2,3,4 etc against other candidates. (Online votes can only be numbers.)

(8) The vote shall be transferred and distributed as set out in the Rules until it lacks a sequential number or a number is duplicated. At that point the voting paper shall be declared exhausted.

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54 Over-Riding Provision to Ensure Election of Candidates of a Particular Qualification

(1) Where the actual Rules require the election of a particular number of candidates of a particular qualification (including of a particular sex) and the number of vacancies remaining to be filled is equal to the number of persons with the particular qualification still required to be elected to comply with that Rule, then all candidates that do not meet that particular qualification are declared excluded and the voting papers allocated to those excluded candidates shall be allocated in descending order of their progressive total, to the remaining qualified candidates to the preferences indicated and at an unchanged transfer value.

(2) If it unavoidably occurs that an excess number of candidates not possessing the particular qualification have obtained a quota then these excess candidates shall be declared excluded but shall have their voting papers allocated to the remaining qualified candidates as in Rule 53(1).

55 Order of Significance/Casual Vacancies

(1) Where an election under this section is held to fill vacancies that are not of the same standing, then the order of significance will be determined by the order of election under these Rules.

(2) The returning officer shall retain ballot papers in proportional representation elections for the term of the elected members.

(3) Where a casual vacancy occurs in any elected position appointed using proportional representation, it shall be filled in accordance with this sub-rule. The relevant returning officer shall conduct a countback, by distributing the ballot papers that were used to elect the vacating member. In any case where a preference is indicated for the vacating member, the ballot is allocated to the next candidate indicated, disregarding any candidates who were elected in the original ballot. The ballot papers used to elect the vacating member shall be distributed until a candidate receives a majority of votes. Only the ballot papers used to elect the vacating member shall be counted in the countback. The candidate who receives a majority of votes shall, if that person is prepared to fill the casual vacancy, be declared elected.

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56 Direct Election Rule

(1) Direct Election shall be by joint vote of Union conference delegates and plebiscite of eligible Branch members using optional preferential voting with preferences not being distributed until all votes have been combined, in accordance with the relevant rules for nomination and election.

(2) Each ballot of Branch members and Union delegates shall constitute 50 per cent of the total vote.

(3) Union delegates shall vote at State Conference. If a State Conference is unable to be held, the General Returning Officer shall conduct a ballot of union delegates credentialled by a meeting of the Administrative Committee.

(4) Eligible branch members shall vote by online or postal ballot in accordance with these Rules.

(5) Votes shall not be counted until both Union and Branch ballots have been conducted and voting papers shall be stored in a secure location until that time.

(6) The General Returning Officer shall convert the results of the Branch member ballot to an equivalent of the total of Union delegate votes counted as formal.

(7) Those votes shall be combined with the Union delegate votes. The candidate in single-position ballots with the highest number of combined votes, after the distribution of preferences (if required) shall be the successful candidate. Subject to the Affirmative Action Rule, and of any appendix or administrative regulation by which the Affirmative Action Rule is given effect, candidates in multi-position ballots shall be deemed successful in the order that they are elected until all vacant positions are filled.

(8) All positions elected in accordance with this Rule shall take effect immediately after the ballot is declared, subject to any dispute determination as allowed by Rule 52(8), unless the Administrative Committee, by a two-thirds majority determines otherwise.

(9) Ballots conducted in accordance with the Direct Election Rule shall not occur at the same time as Branch State Conference delegate plebiscites.

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57 Online Voting

(1) The Administrative Committee may determine that eligible members shall vote using an approved online voting platform.

(2) Authorised access to any online voting platform shall be only with the express approval of the General Returning Officer. Unauthorised access to any such platform shall be deemed to be a serious offence and shall require any offender to show cause to the Administrative Committee as to why they should not be immediately expelled from the Party.

(3) All rights and responsibilities of eligible voters shall, as far as is possible, be maintained during any online voting process.

(4) Eligible voters shall be obligated to keep any email, SMS or other electronic communications confidential. Any deliberate actions by any member of the Party to disclose or obtain confidential voting information as determined by the Administrative Committee, shall constitute an offence and may be subject to disputes proceedings in accordance with Appendix Eight (AP8).

(5) Any eligible member not able to access online voting shall be entitled to apply for a postal vote.

(6) All Party members shall be obliged to obtain and maintain a unique email and advise Party Office of that email, for the purpose of receiving communications connected with any online ballot in which they may be eligible to participate.

(7) The General Returning Officer shall determine a time and place, prior to the commencement of online voting, for the scrutiny of the online platform settings and voter lists. Scrutineers shall be required to sign an approved form to indicate they have inspected the settings and voter lists.

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58 Election of National Conference Branch Delegates

(1) The number of base and supplementary component National Conference Delegates allocated to Queensland in accordance with National Rule 15(v) shall be divided equally between delegates elected by Union delegates at State Conference and Branch delegates elected directly by eligible Branch members.

(2) Union delegates shall be elected at the State Conference prior to the scheduled date of National Conference, in accordance with these Rules.

(3) Branch delegates shall be elected in separate proportional representation ballots in accordance with these Rules, based on the zones defined in Rule 7B.

(4) The number of delegates in each zone shall be determined by dividing the number of eligible branch members in Queensland at the time of opening nominations, by the number of delegates to be elected in total. This is the delegate quota.

(5) The number of eligible Branch members in each zone shall be divided by the delegate quota determined in (4) above to determine the number of full quotas in each zone. Any remaining delegate positions shall be allocated to zones on the basis of descending order of the greatest fraction of remaining quota.

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PART K. Meeting Procedures and Standing Orders

59 Meeting Procedures and Standing Orders

(1) The procedure at meetings of State Conference, the Administrative Committee or Party units or organisations shall be governed by the particular Rules relating to such bodies and the following Rules relating to such bodies.

(2) If a quorum is required for any meeting of such body by these Rules, and at the expiration of half an hour after the time appointed for the meeting, a quorum is not present, the meeting shall lapse.

(3) All members, delegates and visitors shall sign the attendance book. Before the close of each meeting the chairperson shall publicly sign the attendance book under the name of the last member to sign. No further names may then be added.

(4) The meeting shall be chaired by the President of the body or in the absence of the President, a vice-president. Should there be no president or vice-president present, the meeting shall elect a temporary chairperson.

(5) The chairperson shall have the right of speech at the meeting but must leave the chair to exercise such right, and during the absence of the chairperson from the chair, the senior executive officer present shall preside, or if no executive officer is present, a chairperson appointed by and from the meeting shall preside. The president or person occupying the chair shall exercise a primary vote only, and, in the event of the voting upon any question being equal, shall declare it not carried.

(6) Notwithstanding anything elsewhere contained in these Rules relating to order of business, the meeting may at any time on motion without debate, by majority decision, determine some other order of business.

Order of Business

(7) The usual order of business at ordinary meetings of Party units of the Australian Labor Party shall be:

(a) Roll Call or signing of an attendance book, to be signed by the chairperson at the end of the meeting;

(b) Apologies;

(c) Minutes of the previous meeting to be read or circulated, confirmed, and signed by the chairperson when confirmed;

(d) Business arising from the Minutes;

(e) New members – applications referred to Credentials committee and election to membership of approved applicants;

(f) Correspondence received and endorsed;

(g) Finance Reports and accounts for payment;

(h) Reports: Executive, campaign committees and electorate organisations, elected representatives, and from committees or subcommittees;

(i) Notices of motion for next meeting;

(j) General Business:

(i) discussion of business for which notice has been given; and

(ii) other business.

(8) There shall be no electronic taping of the business of any meeting except with the express permission, by way of resolution of the meeting.

Branch Meeting Procedure

(9) Branch meetings shall be conducted using the following procedure:

(a) The Chairperson of the Branch shall encourage and oversee discussions, debates and decision-making, and ensure members have a fair chance to contribute;

(b) The Branch meeting can discuss issues without a formal motion or the need for a formal resolution. Such discussion shall take place during General Business;

(c) To encourage debate and discussion the Chairperson shall ensure all members are given an opportunity to contribute. The Chairperson shall ensure speakers are brief, and can direct members to conclude their remarks;

(d) A member who places an item on the agenda for discussion, shall be entitled to make the first contribution to the debate;

(e) Following a discussion the Branch may reach a decision or make a resolution on the issue through the moving and passing of a formal motion;

(f) The Branch shall use the voting procedure in accordance with Rule 59(23), provided that where not less than two members request the meeting to be conducted in accordance with the formal rules of debate, the Chairperson shall conduct the meeting in accordance with Rules 59(11) to (24).

Formal Rules of Debate

(10) A Branch may resolve to apply formal rules of debate in accordance with 59(11) to (24).

(11) No discussion shall be allowed except on motion or amendment duly proposed and seconded.

(12) Any member desiring to propose a motion or amendment, or to discuss any matter, shall rise and address the chair. No member shall address the meeting unless called by the Chairperson.

(13) All questions shall be determined in the following manner:

(a) the mover of the motion shall have seven minutes to present argument in support of the motion and five minutes to reply; and

(b) the seconder, and all other speakers, shall be limited to five minutes.

(14) The movers and seconders of motions and amendments must exercise the right to speak at the time of moving and not subsequently, subject to the right of reply by the mover of the motion.

(15) No member shall speak more than once to any question before the chair, unless by way of personal explanation or with the consent of a majority of members present at the meeting.

(16) After a motion has been moved and seconded, if no speaker rises to oppose or to move an amendment, the chairperson shall proceed to put such motion to a vote of the meeting.

(17) A member may move an amendment at any time during debate on any motion. All amendments must be seconded. Motions may be amended by adding words, by deleting words and inserting others in their place, provided that the effect of any proposed amendment is not to establish a direct negative to the question contained in the motion.

(18) Any number of amendments may be proposed and discussed simultaneously with the original motion. At the close of debate amendments shall be put in the order in which they were moved.

(19) The chairperson shall call attention to the time of all speakers one minute before the speaker’s time expires. Motions for extension may be made when the chairperson so calls, but not later, and on such motion, without debate the meeting may extend the time of any speaker. Such extension of time shall not exceed five minutes. The meeting may agree to further extensions on the same basis.

(20) At any time after at least two speakers have spoken for or against a motion, the chairperson may accept a motion ‘that the question be now put’, or ‘that the question be now adjourned’. A member having spoken to the question shall not be competent to so move. Such motions shall be put immediately without debate provided that in the event of the meeting agreeing ‘that the question be now put’, the mover of the original motion shall have the right to reply. Thereupon all amendments as well as the motion shall be put.

(21) No more than two members in succession shall speak for or against any question.

(22) No question shall be debated for a longer period than one hour, provided that the meeting may agree by a motion supported by two-thirds of members present to extend such time.

(23) Votes of a meeting shall be taken according to the following procedure:

(a)

(i) The chairperson shall call upon those who support the question by a show of hands and shall then call upon those opposed by a show of hands.

(ii) The chairperson shall then declare the question carried or lost.

(b) Any member present not satisfied with the chairperson’s decision may, by standing in that member’s place, call for a show of hands. The chairperson shall then appoint two tellers to take the count who shall be representative of the opposing viewpoints. The Chairperson shall then call upon those who support the motion to raise their right hands and those votes shall be counted. When the tellers are agreed upon their count, the Chairperson shall declare the result by quoting the figures for and against.

(c) Any member present not satisfied with the count as declared by the chairperson may, by standing in the member’s place, call for a division. If that call is supported by not fewer than seven other members standing in their places, the chairperson shall proceed to conduct a division. This shall be done by the roll of members eligible to vote being called with each member’s response being recorded against the member’s name.

(d) The names of all members participating in such a division shall be recorded in the minutes.

(24) In the case of a tied vote, where the vote is by the way of an election, then the results shall be determined in accordance with Rule 53(3). In all other cases, the chairperson shall declare such question lost.

Other General Meeting Procedures

(25) Motion directed towards the reconsideration of any decision reached by a meeting at that same meeting shall fail unless carried by a three-fourths majority of members present at the meeting.

(26) All questions involving an interpretation of policy or any section of the platform or the direction of members of Parliament in accordance with the principles and the methods of the Party shall be subject to decision by the meeting on the basis of these standing orders and not by a ruling of the president.

(27) Any motion or amendment affecting the pledge, platform or constitution of the Party shall be declared lost if less than a majority of the members credentialled to the meeting vote for it.

(28) Rulings given by the chairperson on any question will be subject to a motion calling upon the meeting to disagree with the ruling. In the event of such a motion, the mover shall be permitted not more than five minutes to support the motion and the chairperson shall be permitted not more than five minutes to defend the ruling. There shall be no other speakers. A vice-president or any other member appointed by the meeting shall occupy the chair until such motion is determined.

(29) A member may give notice of motion for the purpose of:

(a) rescinding and/or amending any motion carried at a meeting of the Branch; and

(b) placing business on the business paper for the next Branch meeting.

(30) The notice of motion shall be read to the meeting and handed to the chairperson. The chairperson shall not allow discussion on the notice of motion at the meeting at which the notice is given. The notice of motion shall take precedence in the order in which it stands in the minute book in relation to other similar notices unless otherwise ordered by the meeting that finally determines the notice. Should the mover in whose name the notice of motion stands be not present, then the said motion shall lapse.

(31)The submission of a notice of motion to rescind does not nullify the decision of the motion it seeks to rescind until the motion itself is carried at the subsequent meeting by a majority vote.

(32) A rescission motion that is defeated shall not be moved again until three months have lapsed.

60 Standing Orders for State Conference

(1) Specific standing orders pertaining to the conduct of State Conference are in Appendix Fourteen (AP14).

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Appendix One

AP1 Glossary and Definitions

Unless the context otherwise requires in these Rules, the following meanings apply:

AFFILIATED UNION means a Union affiliated to the Australian Labor Party (State of Queensland) in accordance with these Rules.

AFFILIATION FEES means fees paid by Unions as a condition of their affiliation.

AFFIRMATIVE ACTION RULE means the procedure by which candidates or positions are determined in accordance with Rule 7.

ALP or Australian Labor Party means the national Australian Labor Party referred to in Rule 1(2).

ANNUAL MEMBERSHIP SUBSCRIPTION means fees paid by Party members and applicants as a condition of Party membership.

AP means Appendix.

AR means Administrative Regulation.

ATTENDANCE at a meeting means a member physically attending in person or at one (1) or more other venues by means of the use of any technology including video or telephone link, provided that this technology gives all members present at the meeting reasonable opportunity to participate in the meeting and permits each member in attendance to hear and be heard by each other member in attendance.

AYL means Australian Young Labor (State of Queensland).

BONA FIDE means genuine (of good faith).

BRANCH means a branch of the Party established in accordance with these Rules.

BRANCH REGISTRATION FORM/CERTIFICATE OF REGISTRATION means the approved form by which applicants and members register with a Branch.

BRANCH MEMBER DELEGATE means a Branch member elected in a ballot of Branch members to represent them at State Conference.

BRISBANE MUNICIPAL LABOR PARTY means endorsed members of the Party elected to the Brisbane City Council.

CAMPAIGN ACCOUNT means an account set up for endorsed candidates in accordance with Rule 26(7).

CANDIDATE means any person who has applied for an elective public office or position within the Party. This applies also to former candidates.

CAPITATION FEES are the fees payable to Party Office by constituent units calculated by reference to the membership of the constituent unit.

CAUCUS means a meeting of endorsed members of a Federal or State Parliamentary, or Municipal Labor Party, or any other local authority or other public body.

CERTIFIED LIST means a list of eligible members who are entitled to vote in preselections or plebiscites in accordance with Administrative regulation Ten (AR10).

COMMITTEE means a committee established by any body but does not mean an executive of a Party Unit or Administrative Committee.

CONCESSIONAL RATE of membership means the lowest rate of membership as determined on the Schedule of Fees (AR15), not including Life Membership.

CONSTITUENT UNIT includes Party Units and Unions.

CONTINUITY (of membership) means an unbroken specified period in which a member has maintained financial membership and/or Branch registration.

CREDENTIALLED in relation to a delegate means a delegate to a State Conference, or a Party Unit who has been accepted by the body in question as entitled to attend and vote at deliberations of that body.

CUT-OFF DAY means the date from which a member’s eligibility to vote in a preselection or plebiscite is determined.

DOUBLE DISSOLUTION means when both Houses of the Australian Parliament are dissolved and elections are called.

ELECTORATE ORGANISATIONS include MECs, SECs and FECs.

ELIGIBLE PRESELECTION VOTER Voter means a member of the Party who is eligible to vote in a preselection ballot and has the same meaning as that defined under the Electoral Regulation 2013.

ENDORSED CANDIDATE means a candidate whose qualification to participate in an election has been approved by the relevant body.

EQUITY GROUP includes AYL, LWN, QILN, RLQ, LEQ and MLQ.

EX-OFFICIO means membership is determined by virtue of the position a member holds.

FEC means Federal Electoral Council.

FEDERAL PARLIAMENTARY LABOR PARTY means endorsed members of the Party elected to the Senate and the House of Representatives.

FINANCIAL MEMBER means a member who has paid all fees due to the Party.

FORMER MEMBER means a member who has been unfinancial for 12 months or more and has been removed from the list of current members.

FINANCIAL YEAR means the period from 1st July to 30th June.

FPLP means Federal Parliamentary Labor Party

GRO means General Returning Officer.

ISSUING OFFICER shall have the same meaning under these Rules as it does under the Electoral Regulation 2013.

JOINT VOTE means separate ballots for the same election are combined to determine the result.

LEQ means Labor Enabled Queensland

LGBTIQ: see RLQ

LOCAL RETURNING OFFICER means the returning officer for a Party Unit.

LWN means the Australian Labor Party (State of Queensland) Labor Women’s Network.

MEC means Municipal Electoral Council.

MEMBERSHIP RENEWAL means annual subscription or fees paid and confirmation of membership by a person already admitted to membership of the Party

MERITORIOUS SERVICE means a member’s continuous years of membership and activity from date of branch registration.

MLQ means Multicultural Labor Queensland

MUNICIPAL LABOR PARTY includes the Brisbane Municipal Labor Party and endorsed members of the Party elected to any other local government body.

NATIONAL CONFERENCE means the National Conference of the Australian Labor Party.

NATIONAL EXECUTIVE means the National Executive of the Australian Labor Party.

NATIONAL RULES mean the Rules of the National Conference and the National Executive of the Australian Labor Party.

NON-VOTING MEMBER or DELEGATE means a person who holds all rights of membership to a body except the right to cast a vote.

PARLIAMENT means the Parliament of the State of Queensland or Australia as the context requires.

PARTY UNIT means a Branch, Campaign Committee, Electorate Organisation, Equity Group, Labor Association or Regional Member Assembly.

PARTY OFFICE means the principal office of the Party.

PCC means the Policy Coordination Council

PDC means a Policy Drafting Committee

PLATFORM means the policies of the Party adopted by National Conference or State Conference.

POLICIES means the policies of the Party determined by any body of the Party having authority in that regard.

POSTAL BALLOT means a ballot of eligible members conducted by post.

PLEBISCITE means a process under these Rules where Party members elect member/s to internal positions established by these Rules.

PRESELECTION means that part of the process under these Rules where Party members participate in the selection of a candidate to contest a Federal, State or Local Government election. For these purposes, the term shall have the same meaning as is defined under the Electoral Act 1992.

PRO TEM means a position held until a permanent replacement is elected.

PROPORTIONAL REPRESENTATION means a system of electing multiple members to a body by use of a quota as determined by these Rules

PROXY means a member who holds a vote on behalf of a delegate or committee member.

QILN means the Queensland Indigenous Labor Network

QUORUM means the minimum number of eligible members or proxies who must be present before a meeting can proceed.

RETURNING OFFICER/S means the General Returning Officer, Assistant Returning Officers, or such other person/s as appointed under these Rules, who shall conduct preselection ballot/s held pursuant to these Rules and shall have the same meaning as defined under the Electoral Regulation 2013.

PRESELECTION ROLL means the roll of eligible preselection voters prepared for a preselection ballot under these Rules and has the same meaning as defined under the Electoral Regulation 2013.

REGISTERED OFFICER means the same as that defined under the Electoral Act 1992.

RLQ means Rainbow Labor Queensland

SCRUTINEER means a member endorsed by a candidate to represent that candidate during aspects of the conduct of the ballot.

SEC means State Electoral Council.

SECRET BALLOT means the casting of a vote by a member shall not be disclosed to another member unless the voter so wishes.

SENATE TEAM means endorsed Senate candidates as determined in accordance with Rule 41.

SIMPLE MAJORITY means a candidate who attains the highest number of votes in a ballot is elected.

SPECIAL LEVY means an amount as determined by Administrative Committee that Branches shall pay to a campaign committee.

SPECIAL MEETING means a meeting called to discuss specific topic/s only as provided in the notice of meeting.

SPLP means State Parliamentary Labor Party

STAND-UP BALLOT means a ballot of eligible members conducted on a specified day at a specified location.

STATE BRANCH includes all bodies comprising the Australian Labor Party (State of Queensland).

STATE PARLIAMENTARY LABOR PARTY means endorsed members of the Party elected to State Parliament.

THE PARTY means the Australian Labor Party (State of Queensland).

TWO THIRDS MAJORITY means two-thirds of members and proxies present and voting.

UNFINANCIAL MEMBER means a member who has not paid fees by 31 March and has lost all rights of membership.

UNION means an affiliated Trade Union.

UNREGISTERED MEMBER means a member of the Party who has not yet registered with a Branch.

VIDEO LINK means that a person is connected visually and audibly to the meeting and can see and be seen, hear and be heard by each other member in attendance.

WRITING includes correspondence by facsimile transmission or by electronic mail.

[Contents]

Appendix Two

AP2 Affirmative Action Gender Representation for Multi-member Elections

Affirmative Action schedule for multi-member elections by proportional representation in accordance with the Affirmative Action Rule (Rule 7)

To be elected 40% (rounded) 45% (rounded) 50% (rounded)
2 1 1 1
3 1 1 1
4 1 2 2
5 2 2 2
6 2 3 3
7 3 3 3
8 3 4 4
9 4 4 4
10 4 4 5
11 4 5 5
15 6 7 7
20 8 9 10

 

Positions requiring application of this Rule

2 to be elected:

Branch Vice-Presidents

3 to be elected:

State Vice-Presidents

AYL Vice-Presidents

5 to be elected:

GRO and AROs

Shareholders

State Conference Branch Member Delegates

Awards Committee

AYL Policy Development Committee

MLQ Executive: ordinary members

7 to be elected:

State Conference Branch Member Delegates

LEQ Executive: ordinary members

8 to be elected:

RLQ Executive: ordinary members

9 to be elected:

State Conference Branch Member Delegates

QILN Executive: ordinary members

10 to be elected:

Policy Coordination Council (Branch)

Policy Coordination Council (Union)

AYL Executive: ordinary members

11 to be elected:

State Conference Branch Member Delegates

15 to be elected:

Rules Committee

20 to be elected:

Administrative Committee

[Contents]

Appendix Three

AP3 Expanded Objectives of the Party

(1) The Party believes that to achieve the political and social values of equality, democracy, liberty and social cooperation inherent in the objectives of the Party, the Party must explicitly seek:

(a) redistribution of political and economic power so that all members of society have the opportunity to participate in the shaping and control of the institutions and relationships which determine their lives;

(b) establishment and development of public enterprises based upon Federal, State and other forms of social ownership, in appropriate sectors of the economy;

(c) democratic control and strategic social ownership of Australian natural resources for the benefit of all Australians;

(d) maintenance of and support for a competitive non-monopolistic private sector, including small business and farming, controlled and owned by Australians, operating within clear social guidelines and objectives;

(e) the right to own private property;

(f) recognition and encouragement of the right of labour to organise for the protection and advancement of its interests;

(g) the application of democracy in industry to increase the opportunities for people to work in satisfying, healthy and humane conditions, and to participate in and to increase their control over the decision-making processes affecting them;

(h) the promotion of socially appropriate technology, and the monitoring of its introduction to ensure that the needs and interests of labour, as well as the requirements of competitive industry and consumer demand, are taken into consideration;

(i) the restoration and maintenance of full employment;

(j) the abolition of poverty, and the achievement of greater equality in the distribution of income, wealth and opportunity;

(k) social justice and equality for individuals, the family and all social units, and the elimination of exploitation in the home;

(l) equal access and rights to employment, education, information, technology, housing, health and welfare services, cultural and leisure activities and the law;

(m) reform of the Australian Constitution and other political institutions to ensure that they reflect the will of the majority of Australian citizens and the existence of Australia as an independent republic;

(n) recognition and protection of fundamental political and civil rights, including freedom of expression, the press, assembly, association, conscience and religion; the right to privacy; the protection of the individual from oppression by the state; and democratic reform of the Australian legal system;

(o) the development of a democratic communications system, as an integral part of a free society, to which all citizens have opportunities for free access;

(p) elimination of discrimination and exploitation on the grounds of class, race, sex, sexuality, religion, political affiliation, national origin, citizenship, age, disability, regional location, or economic and household status;

(q) recognition of the prior ownership of Australian land by Aborigines and Islanders, recognition of their special and essential relationship with the land as the basis of their culture, and a commitment to the return of established traditional lands to the ownership of Aboriginal and Islander communities;

(r) recognition and encouragement of diversity of cultural expression and lifestyle within the Australian community;

(s) the proper management of Australian resources and protection of the environment, whether created by people or nature, to safeguard the rights of present and future generations;

(t) maintenance of world peace; an independent Australian position in world affairs; the recognition of the right of all nations to self-determination and independence; regional and international agreement for arms control and disarmament; the provision of economic and social aid to developing nations; a commitment to resolve international conflicts through the United Nations; and a recognition of the inalienable right of all people to liberty, equality, democracy and social justice;

(u) commitment to and participation in the international democratic socialist movement as represented by Progressive Alliance;

(v) recognition of the right of citizens to work for progressive changes consistent with the broad principles of democratic socialism;

(w) to take united action to secure the promotion and election of its endorsed candidates to the Australian and Queensland Parliaments and to Local Government.

[Contents]

Appendix Four

AP4 Positions Elected at State Conference and TimeTable for Elections

(1) State Conference shall elect the following for three-year terms or until their successors are elected, in accordance with the Affirmative Action Rule:

(a) twenty ordinary members of the Administrative Committee elected by proportional representation;

(b) a General Returning Officer and four Assistant Returning Officers to be elected in one ballot by proportional representation. The first person declared elected shall be the General Returning Officer;

(c) five shareholders of Labor Holdings Pty Ltd, Labor Enterprises Pty Ltd and such other companies as State Conference resolves, to be elected in one ballot by proportional representation;

(d) such delegates and proxy delegates to National Conference of the Australian Labor Party in the manner provided by Rule 18;

(e) fifteen (15) members of the Rules Committee elected in one ballot by proportional representation;

(f) an Awards Committee consisting of a Convenor and Deputy Convenor to be elected in one ballot by proportional representation and a five-member committee to be elected in a separate ballot by proportional representation;

(g) such other positions, office bearers, committee members as provided for under these Rules or as Conference may from time to time resolve to appoint.

(2) State Conference shall elect the following for a one-year term or until their successors are elected, in accordance with the Affirmative Action Rule:

(a) a Convenor of the Policy Coordination Council provided for in AP7(9) by optional preferential ballot;

(b) members of the Candidate Suitability Panel as provided for in Rule 47.

(3) Each person elected to the above positions shall take office upon the conclusion of the State Conference at which they were elected or fourteen (14) days after the date of their election, whichever is the earlier.

(4) State Conference shall also elect the State Secretary and Assistant State Secretary in accordance with AP9.

(5) Union and Branch delegates only, as determined by Rule 17(2) shall be entitled to vote for the positions listed in (1), (2) and (4) above.

[Contents]

Appendix Five

AP5 Determination of Branch Delegations for State Conference

Number of Federal Divisions Eleven (11) Delegates Nine (9) Delegates Seven (7) Delegates Five (5) Delegates
30 3 7 8 12
31 3 7 8 13
32 3 7 8 14
33 3 7 8 15
34 3 7 8 16
35 3 7 8 17
36 3 7 8 18
37 3 8 8 18

[Contents]

Appendix Six

AP6 Calculation of Union Delegations to State Conference

(1) Each individual Union’s delegation shall be allocated by the Administrative Committee before each Conference in the following manner:

(a) determining a quota by dividing the total number of Union conference affiliation members (in accordance with AR2(6)) by the number of available Union delegate positions;

(b) each Union, including the Small Unions Group, will be allocated one delegate per quota. Each Union with greater than one half of a quota will be allocated at least one delegate. Any remaining delegates shall be allocated to Unions on the basis of descending order of the greatest fraction of remaining quota;

(c) any Union with half a quota or less will be included in the Small Unions Group, which will have its entitlement aggregated as if it was one Union;

(d) all affiliated Branches within the State of a federation or amalgamation shall be regarded as one Union.

(2) Except in the case of the Small Unions Group, each Union’s delegates shall be elected according to the registered Rules of that Union subject to those delegates being financial members of that union and of the Party. Each Union shall inform the State Secretary in writing prior to State Conference the name of each delegate appointed.

(3) The Small Unions Group shall elect its delegate(s) in the following manner:

(a) the Administrative Committee shall call for nominations by circular to each Union concerned;

(b) every candidate for selection shall be nominated in writing on a form, which shall be supplied by the State Secretary, by the executive of any of the Unions concerned;

(c) if more than the required number of candidates is nominated, an election shall be held by means of an online or postal ballot and the General Returning Officer shall send to each Union concerned a ballot paper marked with the name of the Union and such ballot paper shall be returned to the General Returning Officer by not later than the time and date fixed for closing of the ballot. Any ballot paper reaching the General Returning Officer after that time shall not be counted;

(d) each Union concerned shall have its vote weighted proportionate to the number of members for which it is affiliated.

[Contents]

Appendix Seven

AP7 Committees: Governance and Operations

A. Rules Common to All Committees

(1) Each Committee, at its first meeting after its election, shall elect from amongst its own members a Convenor (except as otherwise provided in these Rules) who, with the assistance of Party Office, shall be responsible for the calling and notification of meetings and the receipt of business. Committees shall also be entitled to appoint a secretary with such other functions as it sees fit.

(2) Where a member of a Committee is absent without approval of the Committee or tendering an apology (in writing) satisfactory to the majority of the meeting for three or more consecutive meetings of the Committee, that member will be deemed to have vacated their position and shall be replaced by the Administrative Committee. Where possible, Rule 55(3) shall apply.

(3) Any member of a Committee (other than Rules, Policy Coordination Council or Finance Committee) unable to attend a particular meeting may appoint in writing any other Party member as a proxy, providing same is lodged with the Convenor.

(4) Unless otherwise provided in these Rules, the quorum shall be at least half of the voting members of each committee, including members on video or telephone link. Any committee meeting unable to form quorum with half an hour of the scheduled time of the meeting shall lapse.

B. Rules Committee

(5) The Rules Committee shall report to State Conference with its recommendations upon:

(a) rule change proposals submitted by constituent units, and the State Parliamentary Labor Party;

(b) matters considered by the Committee to make Rule changes desirable.

(6) The Administrative Committee may refer matters to the Rules Committee for its opinion as to clarification of the meaning of and any gaps in the Rules.

C. Finance Committee

(7) The Finance Committee shall meet a minimum of every two months, shall be chaired by the State Treasurer and shall consider such matters as are placed before it by the State Secretary or State Treasurer, or as are requested by the Finance Committee.

(8) Without limiting the operation of the previous sub-rule, the Finance Committee shall:

(a) approve annual administration budgets;

(b) approve campaign budgets;

(c) receive regular financial reports, including reports of actuals against administrative and campaign budgets, and recommend, to the administrative committee, expenditure outside of budget.

D. Policy Coordination Council

(9) The Policy Coordination Council (PCC) shall comprise:

(a) a Convenor elected annually by State Conference; and

(aa) the immediate past-Convenor, who shall be a non-voting member of the PCC;

(b) 10 branch members elected by ballot of all eligible branch members, two of whom must also be regional members as defined by Rule 7B(1) (d);

(c) 10 Union members elected by ballot of union delegates to State Conference, two of whom must also be regional members as defined by Rule 7B(1) (d);

(d) four members elected by and from the State Parliamentary Labor Party;

(e) one member elected by and from the Queensland members of the Federal Parliamentary Labor Party;

(f) one member elected by and from the Brisbane Municipal Labor Party; and

(g) a representative from the QILN Policy Action Group, appointed by the QILN Executive each year.

each of (b) to (f) to be elected every two years as soon as is practicable following State Conference.

(10) The PCC has the following objectives and responsibilities:

(a) to facilitate policy debate and development amongst the SPLP, Party members and Union affiliates;

(b) provide a framework for developing the Policy Platform by providing templates for policy drafting;

(c) collating and coordinating draft chapters in the Policy Platform to ensure cohesive and comprehensive drafting;

(d) maintain the relevance of the Policy Platform by conducting reviews;

(e) planning and supporting branch member debate through policy forums, calls for submissions and discussion papers;

(f) to take into account all policy resolutions passed by Party Units;

(g) monitoring State Caucus compliance with the Policy Platform and reporting on non-compliance , requiring each State Minister/Shadow Minister to correlate their relevant portfolio policies or election commitments to the existing Party Platform and to provide a written report to the Policy Coordination Council according to the PCC? published timeline each year. The PCC shall assess this policy audit and provide a written report to State Conference, detailing implementation outcomes, differences between government policy and commitments and Party Platform and any other matters the audit may raise;

(h) policy development training for members;

(i) establish relevant Policy Drafting Committees and appoint members to those Committees;

(j) deleted 2018

(k) to provide leadership on matters of public concern and interest; and

(l) to develop and maintain a Policy Bank, as a knowledge base for detailed and local policy proposals not suitable for inclusion in the Policy Platform.

(11) The PCC should meet at least four times a year and shall submit for approval each year to the Administrative Committee, a timetable of meeting times and policy forums as well as a work schedule.

(12) The PCC should report regularly to the Administrative Committee on the implementation of work schedule.

E. Policy Drafting Committees

(13) Policy Drafting Committees (PDCs) will be formed from time to time and, if necessary, dissolved by the PCC.

(14) A PDC shall comprise:

(a) a Convenor appointed by the PCC;

(b) members appointed by the PCC, following an expression of interest process open to all financial members of the Party;

(c) appointees of the relevant Ministers/Shadow Ministers; and

(d) any other members that the PCC sees fit to appoint.

(15) PDCs should have responsibility for:

(a) drafting policy;

(b) considering submissions from Party Units;

(c) meeting with Community Stakeholders; and

(d) preparing discussion papers to accompany Draft Policy to support branch debate.

(16) Quorum for a Policy Drafting Committee meeting shall be five.

(17) All members appointed in accordance with (14) above shall be financial members of the ALP.

F. [Deleted 2018]

G. Central Campaign Committee

(21) The Central Campaign Committee shall:

(a) develop and implement ongoing campaign strategies after each Federal, State and BCC election;

(b) develop and implement campaigns around each significant Labor policy announcements;

(c) develop and implement campaigns around significant and strategic decisions by other parties;

(d) encourage appropriate campaign training; and

(e) encourage best-practice and continuous campaigning.

(22) Membership of the Central Campaign Committee shall be appointed from time to time by the Administrative Committee, but there shall be not less than six members, with significant campaign experience and expertise, and representatives of the Brisbane Municipal Labor Party, State Parliamentary Labor Party and Federal Parliamentary Labor Party.

[Contents]

Appendix Eight

AP8 Disputes Tribunal: Governance and Operations

Membership of Disputes Tribunal

(1) The Disputes Tribunal shall comprise three panels of three members and three alternate members, with each panel selected by separate resolution of the Administrative Committee. Tribunal members shall hold office for a term of three years or until their successors are selected.

(2) The Administrative Committee may select a replacement member, for any Disputes Tribunal member who resigns, dies or otherwise vacates office in accordance with these Rules, to serve the remainder of the original member’s term of appointment.

(3) No member or alternate member of the Disputes Tribunal will have less than five years continuous financial membership, will not hold public office, nor be an employee or a provider of paid professional services to the Party. Members or alternate members selected to the Disputes Tribunal shall not be involved in the day-to-day politics of the Party and demonstrate some knowledge of procedural fairness and natural justice.

(4) Any five members of the Administrative Committee can successfully object to the nomination of any member for selection to the Disputes Tribunal.

(5) Each member of each Disputes Tribunal panel shall serve a period as Convenor of their panel, not exceeding twelve months in rotation in an order determined by the Administrative Committee.

Method of Operation

(6) After the determination of the membership of the Tribunal, the Administrative Committee shall determine the order in which each panel of the Tribunal shall receive a dispute in the first instance. Thereafter, disputes shall be allocated in order of rotation.

(7) Each panel of the Tribunal shall sit alone in the mediation and arbitration phase of a dispute.

(8) The State Secretary shall number each claim as it is received and allocate it immediately to the next panel in order of rotation for mediation of the dispute. The State Secretary shall keep a register of disputes and for each dispute shall record the parties, the date lodged, and the details and date of each step taken. The State Secretary shall also keep a record of any determinations made, or outcomes reported to the State Secretary, in relation to the dispute.

(9) The first panel determined under AP8(5) shall conduct the mediation of the first dispute referred by the State Secretary and so on.

(10) Where mediation is unsuccessful, the second panel shall arbitrate the matter and so on.

(11) The matter for arbitration or appeal shall be determined by a majority of the Tribunal hearing the arbitration or the appeal.

(12) Where a designated member is unavailable, then such member shall be substituted by his/her nominated alternate member for the duration of the processing of the dispute.

(13) All members of a panel, or their nominated alternate, who participated in the hearing, must be present when decisions of arbitration or appeal are being made.

Initiating a Dispute

(14) Disputes shall be initiated by a Party Member or, providing the Administrative Committee determines to refer the application to the Disputes Tribunal, by a Party unit, by an application forwarded to the State Secretary. The Administrative Committee may also initiate a dispute by resolution by a two-thirds majority. Applications shall set out the facts said to constitute the dispute, or the Rules or Party practice to be interpreted and Rules or Party practice said to be relevant to the dispute. Disputes regarding pre-selection shall be initiated in accordance with Rule 52(8) and AR12(9).

(15) The application shall also contain the names and addresses of any persons (“respondents”) against whom or in respect of whose conduct the applicant requires determination/s to be made. The applicant may also set out such material to which access is required for the further prosecution of the dispute. The applicant (except the Administrative Committee) shall pay an administration fee (see AR15) to the Party at the time of lodging an application.

(16) Without limiting the generality of matters that may be the subject of a dispute an applicant may allege in an application that another member or members of the Party (“the respondent”) has:

(a) been disloyal to the Party;

(b) engaged in conduct severely harmful to the best interests of the Party;

(c) infringed the Party’s National or State Rules, Platform or Policy;

(d) wilfully disobeyed a decision of National Conference, National Executive, State Conference or the Administrative Committee;

(e) not providing full and frank disclosure to the Candidate Suitability Panel when seeking nomination for public office; or

(f) committed a breach of AP15, AP17, or AP18 (in which case the processing of this dispute will also comply with the Branch Complaints Handling Policy – see AP19); or

(g) engaged in conduct in contravention of Appendix Sixteen: Code of Conduct Relating to Member Recruitment.

(17) The State Secretary shall forward a copy of the application to any named respondent.

(18) The State Secretary shall supply the Tribunal with such material, documents and assistance as may be required.

Mediation of a Dispute

(19) Upon receipt of a complaint, the Disputes Tribunal panel shall mediate with the parties involved in the dispute in an attempt to reach an agreement. The panel may by unanimous decision appoint one of its members to undertake the mediation. The mediation panel may require the parties to attend the mediation.

(20) The mediation session shall be undertaken within 28 days of the complaint being received by the State Secretary, or such other time as may be determined by the panel.

(21) If an agreement can be reached, then the Disputes Tribunal panel shall endorse the agreement and shall report to the State Secretary.

(22) If an agreement cannot be reached, then the Disputes Tribunal panel involved in the mediation shall advise the State Secretary of the outcome.

(23) If an agreement cannot be reached through mediation, or if the mediation has not been finalised within two months of the day on which the complaint was received, then a party may, by request to the State Secretary, refer the matter to the next Disputes Tribunal panel in the rotation order for arbitration. The request for referral to arbitration must not be made later than fourteen days after the date on which the mediation panel advises the State Secretary that agreement cannot be reached.

(24) If, after initial mediation of a dispute, the Disputes Tribunal panel considers that a dispute is frivolous or vexatious, it may, after giving the parties an opportunity to be heard in that regard, dismiss the dispute.

Arbitration

(25) The Disputes Tribunal shall make such directions as to the conduct of its proceedings as it sees fit. The Tribunal shall not be bound by rules of evidence and shall be entitled to inform itself without the need of proof by any of the parties of such Party Rules, practices, history, and generally known matters within the party concerning any particular dispute.

(26) The Tribunal shall conduct its proceedings in camera. The Tribunal shall allow such parties and their representatives and witnesses as are relevant to address it at such time and in such manner as it sees fit.

(27) Where a party fails unreasonably to comply with the directions of the Tribunal, the Tribunal may take such steps as are appropriate in the light of such failure including but without limiting the generality thereof:

(a) where the party is the applicant dismiss the application without further hearing;

(b) where the party is not the applicant restrict the party’s participation in the hearing of the dispute including restrictions of the party’s right to adduce certain evidence and including a total exclusion of the party from the hearing.

(28) If a member of the Disputes Tribunal panel has a conflict of interest in relation to any matter before the Tribunal, that person must declare that conflict of interest and disqualify themselves from the Tribunal and their nominated alternate shall take their place.

(29) Any panel determining a matter by arbitration shall provide written reasons for such decision.

Appeal

(30) Within fourteen days of the decision of the arbitration panel, a party may lodge a request for leave to appeal and the grounds for appeal with the State Secretary.

(31) The appeals panel shall not grant leave to appeal unless it considers it is in the best interests of the Party to do so.

(32) A party to a dispute may only appeal on the grounds that the arbitration panel has, in hearing and determining the matter, exceeded its jurisdiction in accordance with these Rules or is wrong in law.

(33) Any appeal arising out of leave granted by the appeals panel under AP8(31) shall be presided over by that panel.

(34) The question of leave to appeal a decision of the panel sitting in arbitration, and the appeal, shall be heard and determined within 28 days, or such other time as may be determined by the appeals panel.

(35) The appeals panel shall provide written reasons for its decision.

Powers of the Disputes Tribunal

(36) All parties to a dispute may be represented at the hearing of the application by any other member of the Party.

(37) The Tribunal shall take all reasonable steps to ensure that all parties are given a full opportunity to properly present their case.

(38) In determining a dispute, the Tribunal may:

(a) where the dispute is pursuant to a preselection in accordance with Rule J:

(i) declare the selection result void; or

(ii) make recommendations to the General Returning Officer and the Administrative Committee as to the further conduct of the preselection.

(b) where the dispute is pursuant to AP8(16) impose no penalty or impose any of the following penalties on the person or persons against whom the conduct is alleged:

(i) an admonition;

(ii) a reprimand;

(iii) a severe reprimand;

(iv) a suspension for a specified period not exceeding twelve months of some or all of the rights of membership, including loss of continuity;

(v) recommend to the Administrative Committee that the respondent be expelled (and in which case the person or persons shall be immediately suspended from membership until the next meeting of the Administrative Committee);

(c) in respect of any application (including applications referred to in (a) and (b) hereof:

(i) make findings of fact;

(ii) make declarations as to the validity or otherwise of acts or purported acts of Party Officers, members or units;

(iii) make declarations as to the validity or otherwise of practices within the Party;

(iv) make recommendations to the Administrative Committee to take certain courses of action either in respect of the subject matter of the dispute or generally;

(v) make recommendations to the Rules Committee as to proposed changes to the Rules;

(vi) dismiss the application; or

(vii) allow amendment of an application at any time.

(39) The State Secretary shall report to each regular meeting of, and shall advise, the Administrative Committee as to the status of all live disputes, listing all current complaints; dates of meetings held to consider these complaints; and any determinations and deliberations made.

(40) The Administrative Committee shall review any dispute that has not been concluded within twelve months of being initiated. The Administrative Committee may, by a two thirds majority, after reviewing a dispute and giving the parties an opportunity to be heard, dismiss the dispute if it has not been concluded within twelve months of the day on which it was initiated and if there are no reasonable prospects of resolution.

Breach of Disputes Tribunal Rulings

(40A) Where a party to a dispute ignores or otherwise breaches a decision of the Disputes Tribunal, the member will be required to show cause. If the Disputes Tribunal finds the member guilty of breaching an earlier decision of the Tribunal, the Tribunal is required to advise the Administrative Committee that the member be automatically expelled.

Public Comment

(41) Other than the State Secretary, no member shall make public comment concerning any matter that is before the Disputes Tribunal except with the permission of the Administrative Committee.

Other

(42) If, as part of the Disputes Tribunal’s deliberations, any member of the Disputes Tribunal reasonably believes an act of criminal dishonesty (including electoral fraud) has been committed, the matter should be immediately referred to the State Secretary for referral to the relevant law enforcement authority.

(43) Any Party member found guilty by the Disputes Tribunal of deliberate failure to forward member registration documents or deliberate falsification of Branch or Party Unit records relating to membership shall be automatically expelled.

(44) The Tribunal shall notify all parties and the State Secretary of any determination made by it. Administrative Committee shall not endorse any report of the Disputes Tribunal until the disputes process has been completed in accordance with these Rules.

(45) A party to a dispute may also require the Disputes Tribunal to undertake further deliberation or clarification in order to ensure that all parties to a dispute are given natural justice in the determination of any matter.

(46) A complaint must be lodged with the State Secretary within 28 days of the event/matter that gave rise to the complaint.

(47) Any complaint not lodged within this time period in AP8(46) shall not be proceeded with unless otherwise determined by the Tribunal.

[Contents]

Appendix Nine

AP9 Party Officials: Governance and Operations

State President

(1) The State President shall be elected for a three-year term in accordance with the Direct Election Rule (Rule 56).

(2) All nominations for State President must be accompanied by a petition of two hundred (200) eligible Branch Members supporting the nomination of that candidate (see AR16).

(3) A candidate for State President must have five (5) years continuous financial Branch membership immediately prior to the opening of nominations and must not be an employee or a provider of paid professional services to the Party.

(4) No person may hold the position of State President for more than two consecutive terms, provided that an appointment to a casual vacancy in the position of State President shall not constitute a term for the purposes of these rules.

(5) The Administrative Committee may, by a two/thirds majority, appoint a person to fill a casual vacancy in the position of State President.

(6) If a casual vacancy in the position of State President has not been filled by the conclusion of the second ordinary meeting of the Administrative Committee following the casual vacancy arising, a fresh election shall be conducted for the position of State President in accordance with AP9.

(7) To avoid any doubt, regardless of whether the casual vacancy is filled by the Administrative Committee or by ballot, the period commencing on the date on which the casual vacancy is filled, and concluding at the next ordinary election of the State President, is not a term for the purposes of Rule AP9(4).

State Secretary

(8) The State Secretary is the chief executive officer of the Party and shall, subject to these Rules, be responsible for the administration of the Party on a daily basis.

(9) The State Secretary shall be elected by State Conference by an optional preferential ballot for a period of four years.

(10) In the event of the State Secretary leaving office for any reason, the Administrative Committee may appoint a State Secretary to serve until the next State Conference.

(11) The State Secretary shall deliver a report to each meeting of the State Conference and Administrative Committee.

(12) The State Secretary shall be responsible to the Administrative Committee and shall sign a Contract of Employment agreed upon by the Administrative Committee.

Assistant State Secretary and Organisers

(13) State Conference shall elect an Assistant State Secretary by optional preferential ballot for a term of four years.

(14) The Administrative Committee shall appoint Organisers from time to time as it sees fit.

(15) Each of the officials shall sign a Contract of Employment agreed upon by the Administrative Committee.

(16) In the event of the Assistant State Secretary leaving office for any reason the Administrative Committee may appoint an Assistant State Secretary to serve until the next State Conference.

State Treasurer

(17) The State Treasurer shall be appointed by the Administrative Committee for a term of three years.

(18) The State Treasurer shall be responsible for overseeing the finances of the Party in conjunction with the State and Assistant State Secretaries.

(19) The State Treasurer shall convene the Finance Committee and shall report to the Administrative Committee on a regular basis.

(20) The State Treasurer shall develop an annual budget for approval by the Administrative Committee.

General Returning Officer and Assistants and Local Returning Officers

(21) The General Returning Officer shall be responsible for the organisation and conduct of all preselection ballots and plebiscites, including all elections by State Conference or by direct election, Electoral College and all Equity Groups in accordance with these Rules, except in the conduct of the ballot for GRO and AROs, the State President and State Secretary shall be responsible for the conduct of such ballot.

(22) The General Returning Officer and Assistant Returning Officers shall not:

(a) be an officer or employee of the Party;

(b) be a voting member or proxy of the Administrative Committee, Disputes Tribunal, Rules Committee or Electoral College;

(c) be a voting delegate or proxy to State Conference.

The General Returning Officer shall have speaking but not voting rights as an ex-officio member of the Administrative and Rules Committees.

(23) All returning officers shall discharge their functions in accordance with the directions of the General Returning Officer.

(24) The General Returning Officer shall have sole authority to declare the results of each ballot referred to in AP9(21) and returning officers shall seek the authorisation of the GRO prior to declaring or releasing the results of any ballot.

(25) A returning officer who intends to nominate for selection as a delegate or candidate for the position for which that person is returning officer shall first stand down as returning officer. Any returning officer who has a conflict of interest in relation to any ballot they are involved in shall declare that interest and stand down as returning officer. In particular the GRO and AROs shall declare an automatic conflict of interest in any ballot pertaining to their branch or local electorate.

(26) For the purposes of conducting any preselection ballot under these Rules, the terms “General Returning officer” and “Assistant Returning Officer/s” shall have the same meaning as that given to the term “Returning Officer/s” under the Electoral Regulation 2013.

(27) Any person appointed under these Rules as a returning officer for a ballot, who is otherwise eligible to vote in the ballot, shall remain eligible to vote notwithstanding their appointment as the returning officer.

(28) In the event of the General Returning Officer leaving office for any reason, the Administrative Committee may appoint an Acting GRO to serve until the next State Conference. State Conference shall then elect the GRO and AROs for a new three-year term.

Vice-Presidents

(29) Three Vice-Presidents shall be elected by proportional representation for a three-year term in accordance with the Direct Election Rule (Rule 56).

(30) The election for Vice-Presidents shall occur in the calendar year following the election of State President.

(31) All nominations for Vice-President shall be accompanied by a petition of one hundred (100) eligible Branch Members supporting the nomination of that candidate (see AR16).

[Contents]

Appendix Ten

AP10 ALP Code of Conduct for Fundraising

(Decision of the 2018 National Conference)

Preamble

Australian political, economic, and social stability is dependent on the strength of our democratic system.

The Australian Labor Party (ALP) seeks to ensure every Australian is fairly represented in democratic processes and systems; regardless of wealth, education, background, or status.

In striving to achieve this aim, the ALP believes in an independent, well-resourced, transparent, and fair electoral process that is protected from vested interests, both at home and abroad.

The ALP believes that our democracy is strengthened by the ability of the public, including Australian unions and business, to make moderate and transparent financial contributions to further democratic debate, or to support a particular candidate for election. The ALP has a long-standing commitment to moderate and fair public funding of political systems, including political parties.

(a) The following code of conduct establishes the conditions that govern fundraising by the ALP at state and national levels.

(b) This code is binding on all ALP branches, other constituent units, Parliamentarians, and candidates for public office.

(c) Funds are raised by the organisational wing of the ALP primarily to assist candidates for public office to gain and/or maintain office.

(d) Funds are needed for policy development, Party administration and, most importantly, campaigning. All these political tasks must be carried out federally and in each state.

(e) The National Secretary and each State Secretary of the ALP has a responsibility to raise funds to support these functions.

(f) Campaign and public responsibilities can overshadow the need for adequate funds to support a strong and effective Party organisation. Lack of funding for Party maintenance and administration not only drains the Party? ability to develop policy and maintain membership, but also undermines Labor? ability to campaign effectively and give a genuine choice to the Australian community in elections.

1. ORGANISATION OF FUNDRAISING

(a) The National Secretary has ultimate responsibility for fundraising at the national level. State Secretaries have the primary responsibility for fundraising at a state level.

(b) The National Secretariat and each state branch raise funds co-operatively but separately.

(c) Each branch organises its fundraising efforts independently and according to its own methods, subject to the conditions outlined in this code.

(d) The National Secretariat collects funds for national campaigning, administrative support of the Party and the support of various state branches. These funds support the National Secretariat? role of national policy development, assistance to the Federal Parliamentary Labor Party and maintenance of the Party? professional and voluntary organisation throughout Australia.

(e) State and national offices shall operate systems of centralised bank accounts to ensure the efficient and secure expenditure of ALP finances and assist the party to meet its commitment to transparency.

(f) All local campaign and other party accounts will be held under the relevant state central banking system with the relevant Tax File Number. Central bank accounts may be held at a national level where it is appropriate to do so.

(g) It is the legitimate responsibility of the relevant State or National Secretary, finance committee members and/or collectors to accept money on behalf of the ALP.

(h) ALP staff, Parliamentarians, and candidates for public office may act as fundraising agents for the ALP and in that capacity receive funds on behalf of the ALP.

(i) The National Secretary has the ultimate responsibility for the maintenance and enforcement of the provisions in this code.

2. CONDITIONS OF THIS CODE

(a) The ALP and its constituent units observe the following fundraising code of conduct. This code is fundamental to the integrity of the ALP and its organisational and Parliamentary members.

(b) Parliamentarians and candidates, acknowledging the collective party effort to secure their election as representatives of the ALP, can and should voice the party? need for both support and funds. This may include appeal emails and correspondence, together with regular appearances at ALP fundraising events.

(c) All funds raised for, by, or in the name of the ALP, must comply with the relevant provisions of the Commonwealth Electoral Act 1918 and any other relevant legislation or associated regulation. Any funds raised by constituent units of the party, including state branches, must comply with any relevant state legislation.

(d) Donations raised or accepted as part of any ALP fundraising effort must be held in a central banking account, which the National Secretariat or relevant state branch has visibility of and control over. It must, in its name, indicate that it is an ALP account. No funds raised by, for or in the name of the ALP may be held in personal accounts.

(e) Any funds held in other accounts, or otherwise not under an ALP central banking system with the relevant Tax File Number, will be regarded by the ALP and any other interested party as ?ersonal accounts?

(f) Cheques, direct online donations and direct financial transfers (for example through online banking) should be made payable to a central, ALP-named account, not individuals.

(g) Any intermediary accounts set up on a digital platform (e.g. Paypal) for the purpose of fundraising must be directly linked to a central, ALP-named account. All outflows from these intermediary accounts should be restricted to a central, ALP-named account.

(h) The detail of donations shall be publicly disclosed as per the requirements of the Commonwealth Electoral Act 1918.

(i) Parliamentarians should never use the resources of public office to assist in their own or the ALP? fundraising efforts.

(j) The ALP at a national level and all federal Parliamentarians and candidates for public office, will not accept donations from foreign sources. Funds raised for, by, or in the name of the federal ALP or federal Parliamentarians or candidates for public office must be obtained from a verified domestic source. This includes, without limitation, funds obtained from individuals, corporate entities, unincorporated associations or any other type of entity. For the purpose of enforcing this clause, the National Executive will from time-to-time establish guidelines to help Party agents determine the origins of donations so as to ensure that only donations from domestic sources are received.

(k) Without limiting the conditions imposed on the federal ALP and federal Parliamentarians and candidates for public office by the preceding paragraph, where possible, all ALP fundraising agents should seek reasonable assurance that funds raised have no connection to foreign or prohibited sources.

(l) All fundraising bodies, including ALP fundraising agents, should give due consideration to the possible perception of any individual donation and whether it may reflect negatively on the party as a whole. (m) The ALP does not accept funds that are subject to conditions of any kind, whether they be explicit or implied.

(n) Under no circumstances will the ALP accept funds which, even if only by inference, are intended to obtain the Party? support for specific actions, attitudes or public statements.

(o) Donors retain a right to put forward views to the Party or individual Parliamentarians, however this right does not exceed that of any other general member of the Party or Australian enrolled voter or citizen.

(p) The ALP and its constituent units never raise funds on behalf of any other party or organisation.

(q) Under no circumstances will the ALP, its Parliamentarians, or any of its endorsed candidates for public office accept donations from the tobacco industry.

(r) Parliamentarians or candidates for public office who act outside these guidelines will be liable to sanctions by the National Executive, relevant ALP Caucus, state Administrative Committee or other interested parties.

[Contents]

Appendix Eleven

AP11 Equity Groups: Governance and Operations

1. Australian Young Labor (Queensland)

(1) All members of the Australian Labor Party (State of Queensland) shall between the date of their 14th birthday and 31 December preceding their 26th birthday be members of Australian Young Labor (AYL) (State of Queensland).

AYL State Conference

(2) A State Conference of AYL (Queensland Branch) shall be held annually at a date prior to the annual ALP State Conference approved by the Administrative Committee on recommendation from the AYL Executive. The State Secretary shall notify all Party Units of the time and venue of the Conference.

(3) AYL State Conference shall be composed of all members eligible under AP11 1(1)

(4) Any member of AYL as determined by AP11 1(1) shall be eligible to nominate for any AYL position, provided that only women may nominate for Women’s committee.

(4A) AYL State Conference shall consider reports from the AYL Executive, other Committees of AYL and delegates and agenda items submitted by Young Labor Committees and Party units. Such other matters that are deemed of importance by the Administrative Committee or by the State Conference itself shall also be considered.

AYL Executive

(5) The AYL Executive shall consist of:

(a) a State President elected by optional preferential ballot;

(b) three vice-presidents elected in one ballot by proportional representation;

(c) a Secretary and an Assistant Secretary/Treasurer to be elected in one ballot by proportional representation at least one shall be a woman provided a woman nominates;

(d) 10 ordinary members, to be elected in one ballot by proportional representation, and at least one of whom shall be a regional member as defined by Rule 7B(1)(c) and (d).

(5A) The AYL Executive shall, subject to the over-riding authority of the Administrative Committee:

(a) be responsible for the overall administration of AYL;

(b) liaise with and organise Young Labor Committees;

(c) implement the policies and decision agreed to by the AYL State Conference;

(d) conduct recruiting campaigns in conjunction with Young Labor Committees and Party units;

(e) organise an annual State Conference, and such other conferences and meetings as are deemed necessary;

(f) promote programs to educate industrially;

(g) supervise the operation of all committees established under these Rules; and

(h) create such other non-voting positions as may be deemed necessary.

(5B) The AYL State Executive shall meet monthly. The quorum for such meetings shall be seven. Proxies shall be allowed in accordance with Rule 20.

(5C) State Conference delegates who are members of AYL (Qld) and Women’s Committee Convenor may attend meeting of AYL State Executive, where they shall have speaking but not voting rights.

AYL Policy Development Committee

(6) The AYL State Policy Development Committee shall consist of:

(a) a Convenor; and

(b) five ordinary members, to be elected in one ballot by proportional representation in accordance with the Affirmative Action Rule AYL Women’s Committee.

(7) The AYL Women’s Committee shall consist of:

(a) a woman Convenor and woman Deputy Convenor elected by proportional representation in one ballot;

(b) seven ordinary women members elected by proportional representation in one ballot; provided that only women delegates shall vote in (a) and (b); and

(c) women Executive Committee members, who shall have speaking but not voting rights.

AYL Elections

(8) The positions as determined in AP11 1(5-7) and delegates and alternates to AYL National Conference as required, shall be elected annually in November/December in a plebiscite of all eligible members. All positions elected shall hold office from 1 January to 31 December of the subsequent year. Candidates for these positions must also be members of AYL in accordance with AP11 1(1) for the subsequent year.

(9) The Administrative Committee shall determine the terms and conditions of the conduct of the ballot not covered otherwise by these Rules and shall be available to all candidates who seek office in accordance with this Rule.

(10) [Moved to 4A 2021]

General Meetings of AYL (Qld)

(11) The AYL Executive shall convene a general meeting of AYL members in Queensland, at least three times per year (not including AYL State Conference).

(12) General meetings of AYL (Qld) shall be entitled to register members in accordance with Rule 13A.

Young Labor Committees

(13) The Administrative Committee shall be empowered to establish Young Labor Committees in such geographical areas as it and the relevant Party units see fit on recommendation of the AYL State Executive.

(14) All Party members as described in Rule AP11 1(1) in areas where committees are established under AP11 1(15) shall be members of the relevant Young Labor Committee.

(15) Each local committee shall hold an annual general meeting not later than 31 March in each year. The annual general meeting shall elect a Committee Convenor and a Committee Secretary and such other officers as are deemed necessary by the meeting, all of whom shall hold office until their successors are appointed.

(16) Young Labor Committees shall meet at least once in each quarter.

(17) Decisions made by Young Labor Committees on policy and other matters shall form agenda items for the AYL Annual State Conference.

(18) AYL Regional Conference may be held with the approval of the Administrative Committee, on the recommendation of the AYL Executive.

[Contents]

2. Labor Women’s Network

(1) All women members of the Party shall be entitled to be members of the Labor Women’s Network (LWN).

(2) The objects of LWN are:

(a) to further the objects, methods and platform of the Party;

(b) to promote the organisation of women in the Party;

(c) to educate women politically and industrially;

(d) to promote affirmative action programs in favour of women; and

(e) to support the selection and election of women candidates for public office.

Labor Women’s Conference

(3) A conference of women members of the Party shall be held first weekend in October at a venue determined by the Administrative Committee, including regional centres.

(4) All women who are members of the Party shall be entitled to attend the Labor Women’s Conference and those women who have been registered members six months prior to the Conference shall be eligible to vote at the Conference.

(5) The agenda for the Labor Women’s Conference shall be prepared by the executive of LWN. Items for inclusion in the agenda shall be called from all Branches and Unions, and from individual women members.

(6) Labor Women’s Conference may submit items for inclusion in the agenda for State Conference.

Labor Women’s Executive

(7) Labor Women’s Executive shall consist of:

(a)

(i) a President and two vice-presidents elected in one ballot by proportional representation;

(ii) Secretary/Treasurer;

(iii) seven ordinary members, at least one of whom shall be a regional member as defined by Rule 7B(1)(c) and (d); and

(b) an indigenous member nominated by the QILN for the term of the Labor Women’s Executive.

(8) The Labor Women’s Executive shall call meetings of rank and file women members of the Party at regular intervals.

(9) The Labor Women’s Executive shall elect:

(a) an auditor;

(b) a member of the Central Campaign Committee;

(c) any other delegate that may be required.

(10) The Labor Women’s Executive may establish a Policy Working Group.

Election of Labor Women’s Executive

(11) The positions as determined in AP11 2(7)(a) shall be elected in a plebiscite of all eligible women members in a ballot held in accordance with the Rules, provided that only women may nominate and vote for these positions.

(12) [Deleted 2021]

(13) No person shall hold the position of president, vice president or secretary for more than three consecutive terms.

(14) The Women’s Policy Committee shall report regularly to the Labor Women’s Executive.

(15) Members who are elected to the positions identified in AP11 2(7) and AP11 2(9) shall be elected for a term of three (3) years.

General Meetings of LWN

(16) The LWN Executive shall convene a general meeting of LWN members in Queensland, at least three times per year (not including LWN State Conference).

(17) General meetings of the LWN shall be entitled to register members in accordance with Rule 13A.

Labor Women’s Network

(18) The Labor Women’s Network shall constitute the Queensland branch of the National Labor Women’s Network.

(19) The Administrative Committee shall endorse the formation of Labor Women’s Regional Committees on recommendation of the Labor Women’s Executive. Each Labor Women’s Regional Committee shall be responsible for raising awareness of Labor Women’s Network activities and issues and shall be responsible for local fundraising.

[Contents]

3. Queensland Indigenous Labor Network

(1) Membership of the QILN is open to all Aboriginal and Torres Strait Islander members of the Party.

(2) The objects of the QILN are:

(a) to further the objects, methods and platform of the Party; and

(b) to promote the organisation of Aboriginal People and Torres Strait Islanders in the Party.

(3) Aboriginal and Torres Strait Islander members may form local Branches in accordance with Rule 13.

QILN Executive

(4) The QILN Executive shall consist of:

(a) Chairperson;

(b) Deputy Chairperson;

(c) Secretary/Treasurer; and

(d) Nine ordinary members, at least three members of whom shall be regional members as defined by Rule 7B(1)(c) and (d)providing sufficient regional candidates nominate.

(5) QILN Executive shall hold meetings at least bimonthly. A quorum at such meetings shall be half plus one of the total number of filled executive positions, or four, whichever is the greater.

(6) The QILN Executive shall appoint:

(a) a Policy Action Group Convenor and a Policy Action Group consisting of four other members in accordance with the Affirmative Action Rule;

(b) any other delegate that might be required.

(7) QILN Executive shall be responsible for:

(a) the overall conduct of QILN activities;

(b) liaising with and organising QILN Branches;

(c) implementing policies and decisions of the QILN Executive, general meetings and state conferences of QILN;

(d) conducting awareness raising activities for Party units;

(e) encouraging Aboriginal People and Torres Strait Islanders to stand for office at all levels, particularly for Local, State and Federal elections.

(f) conducting recruiting campaigns in conjunction with other Party units; and

(g) convening meetings and other such events as are deemed necessary.

(8) A representative of the QILN Policy Action Group shall represent QILN interests within formal Queensland Labor Party policy mechanisms and processes, including the Policy Co-ordination Council.

(9) Election of the QILN Executive shall be held every three years.

QILN State Conference

(10) A conference of QILN members shall be held each year.

(11) All members of QILN shall be entitled to attend the Queensland Indigenous Labor Network State Conference and those QILN members who have been registered Branch members six months prior to the conference shall be eligible to vote at the conference.

(12) QILN Conference may submit items for inclusion on the agenda for State Conference.

General Meetings of QILN

(13) The QILN Executive shall convene a general meeting of QILN members in Queensland, at least three times per year.

(14) General meetings of QILN shall be entitled to register members in accordance with Rule 13A.

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4. Rainbow Labor Queensland

(1) All Lesbian, Gay, Bisexual, Transgender, Intersex and Queer/Questioning (LGBTIQ) self-identifying members of the Party shall be members of Rainbow Labor Queensland (RLQ).

(2) The objects of RLQ are:

(a) to further the objects, methods and platform of the Party;

(b) to promote the organisation of LGBTIQ members in the Party;

(c) to raise awareness of LGBTIQ issues within the Party;

(d) to educate members of the LGBTIQ community politically and industrially; and

(e) to support the selection and election of LGBTIQ candidates for public office.

RLQ State Conference

(3) A conference of RLQ members shall be held each year.

(4) All members of RLQ shall be entitled to attend the Rainbow Labor Queensland Conference and those LGBTIQ self-identifying members who have been registered Branch members six months prior to the conference shall be eligible to vote at the conference.

(5) RLQ Conference may submit items for inclusion on the agenda for State Conference.

RLQ Executive

(6) RLQ Executive shall consist of:(a) three Convenors not all of the same gender, elected in one ballot by proportional representation, at least one of whom must be a woman.

(b) Secretary/Treasurer

(c) nine ordinary members; at least two of whom must be regional members as defined by Rule 7B(1)(d), and at least one of whom must be a regional member as defined by Rule 7B(1)(c).

(7) The RLQ Executive shall determine each year which Convenor shall attend State Conference as an delegate in accordance with Rule 17(2).

(8) The RLQ Executive shall be elected for a term of two years in a ballot of all eligible LGBTIQ self-identifying members, provided that only those LGBTIQ self-identifying Party members who have been registered Branch members six months prior to the opening of nominations shall be eligible to nominate and vote for these positions.

(9) The Rainbow Labor Executive shall elect:

(a) an auditor;

(b) a member of the Central Campaign Committee; and

(c) any other delegate that may be required.

General Meetings of RLQ

(10) The RLQ Executive shall convene a general meeting of RLQ members in Queensland, at least three times per year.

(11) General meetings of RLQ shall be entitled to register members in accordance with Rule 13A.

Regional Groups

(12) The RLQ Executive or General Meeting may endorse the formation of regional groups which shall progress the objectives of RLQ at a local level.

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5. Labor Enabled Queensland

(1) All members of the Party who identify as living with with an impairment or disability (cognitive or physical) or mental health condition, or have a lived experience with a disability or mental health condition, shall be entitled to be members of Labor Enabled Queensland (LEQ).

(2) The objects of LEQ are:

(a) to further the objects, methods and platform of the Party, and encourage participation in policy development;

(b) to encourage membership in the Party;

(c) to strengthen the Party’s relationships with relevant organisations and stakeholders in the community;

(d) to advocate for the implementation, preservation, funding and appropriate expansion of the National Disability Insurance Scheme; and

(e) to educate members of the Party regarding disability issues.

LEQ State Conference

(3) A conference of LEQ members shall be held each year.

(4) All members of LEQ shall be entitled to attend the Labor Enabled Queensland State Conference and those LEQ members who have been registered Branch members six months prior to the conference shall be eligible to vote at the conference.

(5) LEQ Conference may submit items for inclusion on the agenda for State Conference.

LEQ Executive

(6) The Labor Enabled Queensland Executive shall consist of:

(a) Convenor;

(b) Deputy Convenor;

(c) Secretary/Treasurer;

(d) two Equity officers; and

(e) seven ordinary members, at least two of whom shall be regional members as defined by Rule 7B(1)(c) and (d), providing sufficient regional candidates nominate.

(7) At least half of the Executive as listed in (6) above shall be members who identify as living with an impairment, disability or mental health condition. The LEQ Executive shall be elected for a term of two years.

Policy Development

(8) The LEQ Executive may appoint a Policy Action Group and Convenor consisting of at least five members, which shall provide forums for members and develop proposals to be put to LEQ State Conference, Policy Co-ordination Council and State Conference.

Regional Groups

(9) The LEQ Executive or General Meeting may endorse the formation of regional groups which shall progress the objectives of LEQ at a local level.

General Meetings of LEQ

(10) The LEQ Executive shall convene a general meeting of LEQ members in Queensland, at least three times per year.

(11) General meetings of LEQ shall be entitled to register members in accordance with Rule 13A.

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6. Multicultural Labor Queensland

(1) All members of the Party who support multiculturalism (the presence of several distinct cultural or ethnic groups within a society) and a culturally and linguistically diverse Party shall be entitled to be members of Multicultural Labor Queensland (MLQ).

(2) The objects of MLQ are:

(a) to encourage and promote a culturally and linguistically diverse Australian Labor Party which reflects the realities of Australian society;

(b) to encourage and support the participation of members of the Party from culturally and linguistically diverse backgrounds and to mentor those people to ensure their full participation within the Australian Labor Party;

(c) to provide a forum for members from culturally and linguistically diverse backgrounds to advocate for, and promote policies of, inclusion and multiculturalism relevant to the Australian Labor Party;

(d) to engage with other members and organisations within the wider labour movement regarding the benefits and advantages of a multicultural society;

(e) to liaise and establish a dialogue with relevant organisations on matters of mutual concern and advocate and campaign for the maintenance of a multicultural, socially cooperative and compassionate society; and

(f) to do all other things necessary to actively promote an inclusive and multicultural Australia.

MLQ State Conference

(3) A conference of MLQ members shall be held each year.

(4) All members of MLQ shall be entitled to attend the Multicultural Labor Queensland State Conference and those MLQ members who have been registered Branch members six months prior to the conference shall be eligible to vote at the conference.

(5) MLQ Conference may submit items for inclusion on the agenda for State Conference.

MLQ Executive

(6) The Multicultural Labor Queensland Executive shall consist of:

(a) a Convenor;

(b) a Deputy Convenor;

(c) a Secretary;

(d) a Treasurer; and

(e) five ordinary members, at least one of whom shall be a regional member as defined by Rule 7B(1)(c) and (d), providing a regional candidates nominates.

(7) The MLQ Executive shall be elected for a term of two years.

Regional Groups

(8) The MLQ Executive or General Meeting may endorse the formation of regional groups which shall progress the objectives of MLQ at a local level.

Policy Development

(9) The MLQ Executive may appoint a Policy Action Group and Convenor consisting of at least five members, which shall provide forums for members and develop proposals to be put to MLQ State Conference, Policy Co-ordination Council and State Conference.

General Meetings of MLQ

(10) The MLQ Executive shall convene a general meeting of MLQ members in Queensland, at least three times per year.

(11) General meetings of MLQ shall be entitled to register members in accordance with Rule 13A.

7. Rules common to all Equity Groups

(1) All ballots for Equity Groups shall be conducted in accordance with these Rules, including in accordance with Affirmative Action and regional representation procedures.

(2) Casual vacancies for Equity Group Executives that cannot be filled by countback shall be filled for the remainder of the term of office by resolution of the Equity Group Executive.

(3) [Deleted 2021]

(4) Executive members of Equity Groups shall be entitled to seek leave to speak at State Conference during debates on motions relevant to their Equity Group’s area of policy interest.

(5) Equity Group Executives and general meetings shall operate in accordance with Rule 30.

(6) Equity Groups may develop further rules and procedures consistent with their objectives, provided that such rules are not inconsistent with the Party Rules. In the event of a dispute, the Party Rules shall apply.

(7) Equity Groups wishing to hold general meetings for the purposes of registering members shall advise the Administrative Committee, which may apply appropriate conditions or limits on registration.

[Contents]

Appendix Twelve

AP12 Electoral College: Operations

(1) The General Returning Officer shall conduct the local preselection ballot and the Electoral College ballot at the same time. The Electoral College ballot shall be counted at the same time as the local preselection ballot is counted.

(2) Except where the Administrative Committee determines otherwise, the Electoral College shall be conducted by online or postal ballot. This ballot shall close no later than the close of the local preselection ballot. A locked ballot box shall be provided by the General Returning Officer for the hand delivery of postal ballots. The ballot box shall be sealed at the time of the close of the postal ballot and not opened until the ballot is counted.

(3) Where there is more than one candidate in a preselection, each candidate shall be provided a list of Electoral College members and delegates including contact details. Each candidate may provide a personal and policy statement of up to 500 words to be circulated to all members of the Electoral College at the time members are provided balloting details.

(4) The result of the Union component of the Electoral College shall be converted to the equivalent of 28 votes.

(5) In a preselection for a state electorate or BCC Ward the General Returning Officer shall determine the value of the local preselection ballot as follows:

(a) If the number of formal votes cast is 70 or less, no further conversion or recalculation of votes is required.

(b) if the number of formal votes cast is more than 70 then the branch member ballot result must be converted to an equivalent of 70 votes in accordance with AP12(7).

(6) In a preselection for a federal division the General Returning Officer shall determine the value of the local preselection ballot as follows:

(a) If the number of formal votes cast is 210 or less, then the formal vote for each candidate is reduced to a value equal to 1/3 of the total number of formal votes received by that candidate.

(b) if the number of formal votes cast is more than 210, then the branch member ballot result must be converted to an equivalent of 210 votes in accordance with AP12(7). Next, the formal vote for each candidate is reduced to a value equal to 1/3 of the total number of formal votes received by that candidate.

(6A) In a preselection for the BCC Mayoral candidate the General Returning Officer shall determine the value of the local preselection ballot by

(a) dividing 70 by the number of formal votes cast in the ballot to obtain the converted value of each vote.

(b) multiply the votes received by each candidate by the converted value calculated in (a) above to obtain the converted vote for each candidate. The total of the converted votes for all candidates should equal 70 votes.

(7) The converted votes for each candidate shall be calculated as follows:

(a) divide 70 or 210, as appropriate, by the number of formal votes cast in the ballot to obtain the converted value of each vote.

(b) multiply the votes received by each candidate by the converted value calculated in (7)(a) above to obtain the converted vote for each candidate. The total of the converted votes for all candidates should equal 70 votes.

(8) The final votes for each candidate, as determined in AP12(5) or AP12(6) above shall be combined with the votes from the Electoral College and the candidate with the majority of the combined votes after the distribution of preferences, if required, shall be declared provisionally elected.

(9) Before voting in accordance with sub-rule (4), the Electoral College shall receive a report from the General Returning Officer about whether the vote may trigger the Affirmative Action Rule and cause existing preselections to be rendered void.

[Contents]

Appendix Thirteen

AP13 Proportional Representation and Optional Preferential Voting

Proportional Representation

(1) After the close of the ballot, voting papers shall be removed from the ballot boxes and scrutinised to exclude as informal all voting papers not complying with the requirements of Rule 53(7). The formal voting papers shall then be sorted according to the first preference shown for each candidate and the tally of each candidate shall be recorded in columns in a ‘count sheet’ on the basis of 1000 points for each vote on the voting paper.

The Quota

(2) A ‘quota’ is to be calculated in accordance with the following formula: Total number of votes cast multiplied by 1000 divided by the number of vacancies to be filled plus 1. The result obtained is taken to the next whole figure, which becomes the quota.

(3) Subject to the Affirmative Action Rule, all candidates whose value of first preference votes equals or exceeds the quota shall be declared elected in the order of the number of points obtained commencing with the highest.

Note: If declaring candidates elected, based on their having met quota, would result in fewer women being elected to the positions than required under these rules, then sufficient positions would need to be held open (ie by not declaring the relevant positions, and lower, elected) to allow for the AA requirements to be met. In other words, if one of the top two positions is not a woman, then the second man to meet quota would not be declared elected and his surplus would not, therefore be distributed; the RO would move to elimination rather than surplus distribution.

Transfer Value

(4) If the number of candidates elected in accordance with AP13(3) does not fill all vacancies, the preference votes of the elected candidates shall be distributed among the remaining candidates in the following manner:

(a) The first preference papers of the highest candidate shall be re-sorted according to the next preference shown for a candidate not yet recorded as elected or defeated (called a continuing candidate) and the total such papers allotted to each continuing candidate shall be counted. Voting papers that show no further useable preferences (called exhausted papers) shall also be counted.

(b)

(i) The transfer value of each voting paper of the candidate whose surplus of first preference papers is being transferred shall be calculated by subtracting the quota from the value of that candidate’s preference papers and dividing the surplus by the number of useable papers (that is to say the total number of papers less the exhausted papers). The whole number part of the result shall be the transfer value and any remainder shall be entered opposite a remainders entry on the counting sheet.

(ii) If the transfer value found by AP13(4)(b)(i) is more than 1000, then each useable paper is given a value of 1000 points, and the remaining unused total shall be entered on the count sheet as exhausted papers.

(c) The value of the papers allocated to each continuing candidate shall be calculated by multiplying the number of papers allotted by the transfer value of each paper.

(d) Calculate the progress total for each continuing total and ensure that the grand total of all continuing totals agrees with the grand total of the first allocation of votes and of each previous progress total.

(5) The provisions of AP13(3) and AP13(4) shall then be applied successively until all surpluses have been allocated. Those Rules shall be applied to subsequent counts by allocating the surpluses of candidates in order of their elections, notwithstanding that a candidate subsequently elected may have been elected with a larger surplus than the candidate earlier elected.

(6) If a candidate receives an exact quota and no surplus, the candidate’s papers shall be set aside, and not used further in the election.

(7) When a candidate receives a surplus of points as a result of the preference distribution of another elected candidate, then only the last bundle of papers received producing the surplus is to be used in calculating the surplus to be distributed among the continuing candidates at a new transfer value and the earlier papers shall be set aside and not used further in the election.

Equal Points

(8) When two candidates are elected with an equal number of points, then the candidate with the highest number of points when they were last unequal shall be deemed to be first elected or elected as the case may be. If every previous progress total was equal, then the returning officer shall determine by lot which candidate is deemed to be elected first or elected as the case may be.

Optional Deferment of Transfer of Surplus

(9) The returning officer may delay the transfer of a surplus, if the value of that surplus together with the value of any other surplus not yet transferred:

(a) is less than the difference between the quota and the highest progress total of a continuing candidate; and

(b) is also less than the difference between the progress totals of the two lowest continuing candidates.

(10) Where a transfer of a surplus is delayed, the matter of the delay shall be reconsidered after every candidate is dealt with in order to ensure that conditions (a) and (b) of AP13(9) still apply.

(11) The transfer of one surplus may not be delayed so that a later transfer can be made.

Elimination of Defeated Candidates from Count

(12) If all surplus points of elected candidates have been allocated and vacancies remain to be filled, then the vacancies shall be filled as follows:

(a) All affected candidates shall be eliminated as soon as affirmative action or regional representation requirements are met and shall have their papers distributed in accordance with (c) and (d) below except that the candidate with the highest total points shall be declared eliminated and that candidate’s papers shall be distributed.

(b) Subject to (a) above, all candidates with no points shall be recorded as defeated and their names removed from the count sheet.

(c) The candidate with the lowest total of points shall be declared defeated and that candidate’s papers shall be distributed bundle by bundle in the order in which they were received and allotted to each continuing candidate indicated as being preferred to any other continuing candidate at the same values at which the papers were originally received by the defeated candidate. Every bundle of papers is to be kept separate even though a candidate has other papers of the same transfer value.

(d) Rules AP13(7) to (12) shall apply to each bundle of papers dealt with in accordance with (c) above.

(e) When a candidate receives a quota by this method, no further papers shall be allotted to that candidate beyond the bundle which gave that candidate a surplus and the distribution of the defeated candidate’s papers shall be completed before the new surplus is transferred.

(f) The new surplus shall be transferred or delayed in accordance with the preceding Rules before another candidate is eliminated pursuant to this Rule.

(g) When it is necessary to eliminate a candidate and two or more candidates have equal progress totals lower than other progress totals, the candidate whose progress total was lower when they last had unequal totals shall be eliminated first. If those candidates were equal at every progress total, the returning officer shall decide by lot which candidate is to be eliminated first.

Completion of Count

(13) The procedure of transferring the surplus of successful candidates and of eliminating in succession the defeated candidate shall be continued until the election is finished. The election shall be finished when:

(a) the number of candidates recorded as elected equals the number of vacancies; or

(b) only one vacancy remains unfilled and two continuing candidates remain, in which case the candidate with the highest progress total shall be recorded as elected; or

(c) where the number of continuing candidates is equal to the number of vacancies not yet filled, all such candidates shall be recorded as elected.

Optional Preferential Voting

(14) The vote shall be formal if the number (1) is placed opposite one and only one of the candidates. Voters may express subsequent preferences for some or all of the remaining candidates if they so desire.

(15) A candidate who receives a number of votes greater than half the total number of formal votes (an absolute majority) shall thereupon be declared elected.

(16) If no candidate receives an absolute majority of votes the returning officer shall exclude the candidate with the lowest vote and distribute those votes according to the preference indicated. The returning officer shall continue to do this until either:(a) a candidate receives an absolute majority; or <p”>(b) only two candidates remain – in which case the candidate with the highest vote shall be declared elected.

(17) In the event of the final two candidates in a ballot obtaining an equal number of votes, the General Returning Officer shall declare the candidate with the highest primary vote to be the successful candidate. In the event that both candidates have equal primary votes the Administrative Committee shall select one of the candidates who received equal votes as the successful candidate.

(18) In the event that there are two or more candidates with the same lowest vote, the candidate to be eliminated shall be that candidate with the lowest vote who had the fewest votes at the previous distribution. In the event that this does not produce an elimination, then the returning officer shall eliminate on the same basis by the previous distribution, and so on. If after completing this procedure the returning officer is unable to eliminate an individual candidate, then the returning officer shall select the candidate to be eliminated by lot.

[Contents]

Appendix Fourteen

AP14 Standing Orders: State Conference

Welcome to Country

(1) A Welcome to Country is to be given at the commencement of each State Conference in accordance with Rule 2A.

Chairperson

(2) The State President shall preside over State Conference. In the President’s absence a Vice President shall preside. If none of these Officers is available, a Chairperson shall be elected by and from Conference.

Credentials

(3) Each body represented at State Conference shall lodge with the State Secretary the names and addresses of delegates as early as practicable.

(4) In the event of any dispute to the credentials of any nominated delegate, State Conference shall appoint a Credentials Committee to take evidence and advise of the proper delegate for the body concerned.

Session Times

(5) Conference shall meet at a time and place determined by the Administrative Committee, subject to the Constitution and Rules and in accordance with the agenda as recommended by the Agenda Committee.

Order of Business

(6) The order of business shall be as recommended by the Agenda Committee and endorsed by resolution of State Conference.

(7) No discussion shall be allowed except on motion or amendment duly proposed and seconded.

(8) Any member desiring to propose a motion or amendment, or to discuss any matter under consideration, must rise and address the Chair. No member shall address the Conference unless called by the Chairperson.

(9) All questions shall be determined in the following manner:

(a) The mover of the motion shall have three minutes to present argument in support of the motion and two minutes to reply.

(b) The seconder of such motion, and all other speakers, shall be limited to two minutes.

(c) The movers and seconders of motions and amendments must exercise the right to speak at the time of moving and not subsequently subject to the right of reply by the mover of the motion.

(d) Conference, on motion without debate, may extend the time of any speaker; such extension of the time shall not exceed three minutes. Conference may agree to further extensions on the same basis.

(e) The Chairperson shall call attention to the time of all speakers one minute before such time expires. Motions for extensions may be made when the chairperson so calls, but not later.

(f) After the motion has been moved and seconded, and no speaker rises to oppose or move an amendment, the chairperson shall proceed to put such motion to vote of Conference.

(g) All votes of Conference shall be subject to the following procedure:

(i) the Chairperson shall call upon those who support the question by calling ‘Yes’ and those who are opposed by calling ‘No’; and

(ii) the Chairperson shall then declare the question carried or lost on the voices.

(iii) the Chairperson can repeat the call or ask for a show of hands if unable to judge the outcome of the vote.

(h) Any delegate not satisfied with the Chairperson’s decision may, by standing in that delegate’s place, call for a show of hands. The Chairperson shall proceed to determine the question by calling upon those who support the motion to raise their hand or bat and those opposed to act similarly. The Chairperson shall appoint two tellers to take the count and they shall be representative of the opposing viewpoints. When the tellers are agreed upon their count, the Chairperson shall declare the result by quoting the figures for and against.

(i) Any delegate not satisfied with the count as declared by the Chairperson may, by standing in that delegate’s place, call for a division. If supported by not less than seven (7) other delegates standing in their places, the Chairperson shall proceed to conduct a division. This shall be done by the roll of members eligible to vote being called with each member’s response being recorded against the member’s name.

(j) The names of all delegates participating in a division shall be recorded in the Minutes.

(k) When any question voted upon by Conference results in equal numbers for and against, the Chairperson shall declare such a question lost.

(l) Any motion or amendment affecting the Pledge, Platform or Constitution of the Party shall be declared lost if less than a majority of delegates credentialled to the Conference vote for it.

(m) If a show of hands or division is called, the Chairperson shall allow three minutes for delegates to assemble on the floor of Conference to participate in the vote.

(n) All amendments must be seconded. Motions may be amended by adding words, by deleting words, or by deleting words and inserting others in their place, providing that the effect of any proposed amendments is not to establish a direct negative to the question contained in the motion. Minor changes to the wording of an amendment or motion can be accepted from the floor of Conference without notice, provided leave has been granted by the Conference.

In Committee

(10) The Conference may resolve to suspend these standing orders and move into committee in order to facilitate general discussion on a cognate matter. The Conference must resolve to resume standing orders in order for matters to be formally resolved.

Platform Chapters

(11) Conference shall deal with Chapters in the following manner:

(a)   A resolution shall be adopted that Ministers will be invited to the stage to speak on each chapter. The relevant Ministers for each chapter will be listed on the Agenda.

(b)   The proposed Platform will be formally moved and seconded.

(c)   The Chair shall request Ministers to provide their report to Conference. Each Minister shall have 5 minutes. The report shall cover the portfolio responsibilities of the Minister and is not limited to the Platform Chapter before the Conference.

(d)   The Chair shall ask Delegates for questions to the Ministers about the Platform or its implementation.

(e)   The Chair shall then ask a member of the Policy Coordination Council (PCC) to report to the Conference on proposed amendments to the Chapter before the Conference as follows:

(i)    Amendments that have been withdrawn by the mover and seconder;

(ii)   Amendments that are agreed and are to be included in the Platform and moved on block;

(iii)  Amendments that are not agreed.

(f) The Conference will only consider each amendment that has been submitted to and considered by the PCC and is not agreed. The amendment will be considered as a substantive motion and will be dealt with individually prior to debating any subsequent amendment, with a right of reply to the mover of the amendment.

Conference Resolutions

(12) Only conference motions that have been submitted in accordance with the established timelines/procedures and consequently considered by the Agenda Committee can be the subject of debate at Conference.

Rules Committee Report

(13) Amendments to the Rules Committee Report shall be dealt with as follows:

(a)   Only amendments to the Rules Report that have been submitted in accordance with the established timelines/procedures and consequently considered by the Agenda Committee can be the subject of debate at Conference.

(b)   The Rules Committee Convenor shall move the Rules Committee Report. The amendments will be dealt with as per 11 (f) above.

Other Provisions

(14) No member shall speak more than once to any question before the chair, unless by way of personal explanation or with the consent of the Conference. Such consent shall not be given unless by a majority of those present.

(15) At any time during debate on any question it shall be competent for the chairperson to accept a motion: ‘That the question be adjourned’, provided at least two speakers have spoken for and against. A member having spoken to the question shall not be competent so to move. Such motion shall be immediately put without debate.

(16) At any time during debate on any question it shall be competent for the Chairperson to accept a motion: ‘That the question be now put’, provided at least two speakers have spoken for and against. A member having spoken to the question shall not be competent so to move. Such motion shall be immediately put, however the mover of the original motion shall have the right of reply.

(17) On Conference agreeing ‘That the question be now put’ it shall mean not only the question contained in the motion, but in any and all amendments.

(18) No question shall be debated for a longer period than half an hour, subject to Conference agreeing on motion or amendment put without debate to extend such time. A two-thirds majority of those present shall be required to approve any such extension.

(19) Motions directed towards the reconsideration of any decision reached by Conference shall fail unless carried by a three-fourths majority of the delegates credentialled to Conference.

(20) Not more than two delegates in succession shall speak for or against any question.

(21) All questions involving an interpretation of policy on any section of the Platform, or the direction of members of the Parliament in accordance with the principles and methods of the Party, shall be subject to decision by Conference on the basis of these Standing Orders and not by ruling of the President.

(22) Questions other than those contained on the agenda shall not be discussed unless agreed to by an absolute majority of the delegates credentialled to Conference, and no delegate shall canvass the subject matter of the proposed new business when seeking Conference approval for discussion of same.

(23) Rulings given by the Chairperson on any question shall be subject to motion calling upon Conference to disagree with any ruling. In the event of such motion, the mover shall be permitted not more than five minutes to support the motion and the Chairperson shall be permitted not more than five minutes to defend the ruling. There shall be no other speakers. A vice-president or any other delegate appointed by Conference shall occupy the chair during the currency of such motion.

[Contents]

Appendix Fifteen

AP15 ALP Queensland Branch Code of Conduct

Principles and Purpose

(1) The Code of Conduct (Code) sets out the Australian Labor Party’s expectations for all people involved with the Party. The following policies sit alongside the Code (Associated Policies):

(a) Policy on Sexual Harassment Prevention and Response;

(b) Policy on Harassment and Bullying Prevention and Response; and

(c) Complaints Handling Policy

(2) The ALP is the party of equality. All people are entitled to respect, equality, dignity and the opportunity to participate in society free of harassment and receive the protection of the law regardless of their origins, perceived race, religion, sexual orientation, gender identity, disability, age or ethnicity.

(3) The ALP is further committed to providing a safe, inclusive and respectful environment in all Party forums for members, officials, employees, contractors and volunteers. This extends to ensuring policies and procedures effectively protect complainants when allegations of misconduct are made.

(4) These same principles apply to all those participating in the democratic processes of the ALP.

(5) In order to consistently meet the standards of behaviour demanded by these principles, the Code and Associated Policies have been harmonised across all levels and Branches of the Party. This has been done by modifying each Branch’s Rules to incorporate the Code and Associated Policies as binding obligations.

(6) In order to ensure people involved with the Party are aware of, understand and adhere to the Code and the Associated Policies, the ALP will promote this Code and the Associated Policies across the organisation.

Application

(7) The Code and the Associated Policies are made pursuant to AP8 by the Queensland Branch.

(8) The Code and Associated Policies apply to the conduct of all Queensland Branch members, elected ALP parliamentary representatives, officials, employees, contractors and volunteers, who each agree they are familiar with and are bound by this Code and the Associated Policies. This Code also applies to any person who attends an ALP gathering or event.

(9) The Code and Associated Policies apply to workplaces, after hours work, campaign events, social functions convened by the ALP, election campaigns, and meetings and conferences which individuals covered by the Code attend as a result of party-related duties or their involvement with the ALP.

Interaction with Other Codes, Policies and Procedures

(10) The ALP reserves the right to develop complaints handling policies for individual workplaces or gatherings where appropriate which are consistent with the principles outlined in the Code and Associated Policies. Such policies may apply concurrently with the Code and Associated Policies

(11) The ALP also recognises that particular workplaces, including parliamentary workplaces, are governed by specific codes of conduct, legal and WHS requirements and disciplinary procedures. Such policies and obligations may apply concurrently with the Code and the Associated Policies and may be better suited to handle complaints in some circumstances, particularly where the matter relates to Ministerial or Parliamentary staff and employment relationships.

Standards of Conduct

(12) The ALP expects all persons covered by this Code and Associated Policies to abide by the following standards and principles:

(a) Every person should be treated with dignity, fairness and respect.

(b) Every Member must engage with other Members in a way which affords them dignity, fairness and respect.

(c) Every person should comply with all relevant laws and regulations that apply to any ALP activities.

(d) Every person should be able to participate in activities of the ALP free from bullying, discrimination and harassment including sexual harassment, intimidation, and victimisation.

(e) Action, including decisions as to whether action should be taken, should not be affected by personal interests and relationships and conflicts of interest should be disclosed as appropriate.

(f) No person should behave or act in a way that harms the reputation of the ALP or impacts the health and safety of any person.

Breaches of the Code

(13) Misconduct under the Code includes but is not limited to situations where someone:

(a) Breaches the law;

(b) Falsifies documents;

(c) Is involved in fraud, bribery or corruption;

(d) Engages in unlawful, disruptive or anti-social behaviour including abuse of legal or illegal drugs;

(e) Is negligent or careless or fails in the duty of competence in the performance of duties;

(f) Is abusive or uses obscene or threatening language to another person;

(g) Is physically or verbally violent against any person;

(h) Behaves in a manner that constitutes discrimination as defined in the Policy on Harassment and Bullying Prevention and Response (see AP18), which includes discrimination or harassment towards a group of persons on the basis of race, ethnicity, gender, gender identity, sexuality, age or disability;

(i) Sexually harasses another person, as defined in the Policy on Sexual Harassment Prevention and Response (see AP17);

(j) Sexually assaults another person;

(k) Behaves in a manner that constitutes harassment towards a person as defined in the Policy on Harassment and Bullying Prevention and Response (see AP18), including on the basis of their sex;

(l) Breaches workplace policies or workplace health and safety laws;

(m) Attends an ALP gathering or event or when purporting to conduct business on behalf of the ALP or representing the ALP is under the influence of drugs or alcohol which prevents the proper or safe performance of duties;

(n) Has unauthorised possession or misuses the property (including information systems) of the ALP;

(o) Deliberately fails to declare to the ALP a conflict of interest (and obtain consent where required) which may affect their performance or judgment as an office holder;

(p) Behaves in a manner which brings the ALP into disrepute;

(q) Misuses ALP confidential information;

(r) Fails to abide by the Associated Policies or other internal ALP policies for member conduct;

(s) Breaches the confidentiality requirements under the Code and Associated Policies; or

(t) Victimises a person for making a complaint or participating in the complaints handling processes under the Code and Associated Policies.

Sexual Harassment

(14) The ALP believes in an organisation, and a community, that is safe for everyone; and that it is imperative to take positive action to prevent sexual harassment. ALP recognises that sexual harassment is a form of gendered violence.

(15) The ALP recognises sexual harassment can constitute serious misconduct. Further details about what conduct
is considered sexual harassment and how ALP handles this are outlined in the Policy on Sexual Harassment
Prevention and Response (see AP17).

Bullying and Harassment

(16) The ALP takes a strong stance against bullying and harassment, including harassment on the ground of sex of any person by any individual covered by this Code.

(17) The ALP recognises that bullying and harassment can constitute serious misconduct. Further details about what conduct is considered bullying and harassment and how ALP handles this are outlined in the Policy on Bullying and Harassment Prevention and Response (see AP18).

Procedure and Complaints

(18) The ALP takes seriously complaints involving alleged breaches of the Code and Associated Policies.

(19) Pathways to make, handle and resolve complaints, either formally or informally, are outlined in the Complaints Handling Policy (see AP19).

(20) The ALP encourages complainants to report criminal conduct to the Police or relevant authorities.

(21) When dealing with allegations of misconduct, the ALP will:

(a) act promptly;

(b) undertake a transparent process having regard to procedural fairness; and

(c) maintain confidentiality.

[Contents]

Appendix Sixteen

AP16 Code of Conduct Relating to Membership Recruitment

Branch Stacking

(1) Branch stacking is conduct unacceptable to the Australian Labor Party (State of Queensland). Branch stacking is defined as the registering of persons to the Party by offering inducement or registering persons for the principal purpose of influencing the outcome of ballots of members within the Party.

(2) Party members individually or collectively who engage in, organise or promote Branch stacking activities, including any of the following activities, will be deemed to have engaged in Branch stacking:

(a) Arrange membership for any person unaware that membership has been taken out on their behalf.

(b) To pay the membership fee of a person as an inducement for that person to join the Party or renew their membership.

(c) To enrol, encourage or assist a member to enrol on the electoral roll at an address which is not the principal address of the member.

(d) To organise or pay for concessional rate fees for a person who is ineligible for that rate without a reasonable belief that the person was entitled to the concessional rate.

Responsibility of elected Party Officials and Office Holders

(3) Any Party Official or office holder who engages in, promotes or assists in Branch stacking activities will be subject to Rule AP8(16).

Administrative Committee Responsibilities

(4) The Administrative Committee will appoint a representative to investigate allegations of Branch stacking activities, as described in (1) (above), in a division/electorate/ward where a complaint is received from members or affiliated unions entitled to vote in a preselection ballot in that division/electorate/ward.

(5) A written report of the investigation shall be provided to the Administrative Committee.

(6) Where the report identifies conduct which, in the opinion of the Administrative Committee, may constitute a breach of (1) (above), and which is sufficient to justify charges being brought in respect of the conduct, the Administrative Committee will initiate a Dispute in accordance with Appendix Eight (AP8).

[Contents]

Appendix Seventeen

AP17 ALP Queensland Policy for Sexual Harassment Prevention and Response

Application

(1) The Code of Conduct (Code) sets out the Australian Labor Party’s expectations for all people involved with the Party. The following policies sit alongside the Code (Associated Policies):

(a) this Policy on Sexual Harassment Prevention and Response;

(b) Policy on Harassment and Bullying Prevention and Response; and

(c) Complaints Handling Policy.

(2) The Code and the Associated Policies are made pursuant to AP8 by the Queensland Branch.

(3) The Code and Associated Policies apply to the conduct of all Queensland Branch members, elected ALP parliamentary representatives, officials, employees, contractors and volunteers, who each agree they are familiar with and bound by this Code and the Associated Policies. The Code and Associated Policies also apply to any person who attends an ALP gathering or event.

(4) The Code and Associated Policies apply to workplaces, after hours work, campaign events, social functions convened by the ALP, election campaigns, and meetings and conferences which individuals covered by the Code attend as a result of party-related duties or their involvement with the ALP.

Principles

(5) The ALP believes in an organisation, and a community, that is safe for everyone; and that it is imperative to take positive action to prevent and address sexual harassment.

(6) Bullying and harassment, particularly sexual harassment, can cause physical, emotional, sexual, psychological, social and economic harm. Victims, survivors and complainants in many organisations have historically been silenced and left unsupported.

(7) The ALP has harmonised its policies for Sexual Harassment Prevention and Response across its structure. This means the definition, response and prevention approach adopted by the ALP in response to these issues is consistent across all levels of the organisation.

(8) The ALP is the party of equality. All people are entitled to respect, equality, dignity and the opportunity to participate in society free of harassment and receive the protection of the law regardless of their origins, perceived race, religion, sexual orientation, gender identity, disability, age or ethnicity. These same principles apply to all those participating in the democratic processes of the Party.

(9) International Labour Organisation convention 190 – Violence and Harassment in the World of Work (Convention) recognises the fundamental right of every worker to be free from all forms of violence and harassment at work, regardless of their employment type. This includes volunteers, contractors, casuals, trainees and apprentices.

(10) Consistent with the Convention, the ALP stands against work related gendered violence, in all its forms, including sexual harassment, bullying and other types of inappropriate behaviour, which are prohibited and will not be tolerated. If sexual harassment does occur, the Party has a duty to respond promptly, confidentially and safely.

Awareness and Training

(11) The ALP recognises that simply having a policy or code is not enough, and that the Party must ensure that steps are taken to create a robust positive culture by improving awareness, providing training and implementing robust systems and processes.

(12) The ALP has a duty to ensure that everyone involved with the Party is aware of this Policy and the expectations of the ALP regarding sexual harassment.

(13) The ALP recognises that it has a duty to provide adequate training to Members of Parliament (MP), elected ALP parliamentary officials, other elected officials, paid staff and support staff and to extend training opportunities to other members of the ALP as time and resources permit.

(14) Training is mandatory upon induction for MPs, elected ALP parliamentary officials, other elected officials and senior staff, with regular refresher training. A register is kept of each person who has received training, including where persons have received appropriate equivalent training in a workplace setting.

What is Sexual Harassment?

(15) Sexual harassment is unwanted or unwelcome conduct of a sexual nature, including unwelcome sexual advances or unwelcome requests or sexual favours, in circumstances where it is reasonable (considering the context of the situation and individuals) to anticipate the possibility the recipient will feel offended, humiliated or intimidated. It is irrelevant whether the person committing the acts intends to sexually harass the recipient.

(16) Sexual harassment can take many different forms – it can be obvious or indirect, physical or verbal, online or in person, and repeated or one-off. Sexual harassment may include (this list is not exhaustive):

(a) physical acts, such as unwanted touching, sexual gestures or sexually explicit contact;

(b) verbal acts, such as requests for sexual favours or dates, making promises or threats in return for sexual favours, inappropriate jokes and innuendos, explicit conversations, derogatory comments, insults, taunts, or intrusive questions or comments about a person’s private life; or

(c) visual acts, such as leering or staring at a person, and viewing, displaying or distributing offensive or explicit material including via the internet or email/ text messages.

(17) Sexual harassment can be a form of discrimination and can have serious legal and other consequences for individuals, bystanders and work teams. It can expose the ALP to disputes and litigation.

(18) Sexual harassment can occur in person or online. Technology-facilitated harassment can take many forms, such as: messages or calls, account take overs, image-based abuse, fake social media accounts; and being tracked through a phone or device

(19) Sexual harassment can cause distress and harm for people who are not directly involved, including family members and colleagues.

(20) Anyone can be a victim of sexual harassment, regardless of their gender and of the gender of the harasser. What matters is that the sexual conduct is unwanted and unwelcome by the person against whom the conduct is directed.

Active Bystander Intervention

(21) The ALP encourages and values safe active bystander intervention by members of the Party to prevent or stop sexual harassment from occurring or continuing.

(22) Steps involved in safe active bystander intervention are:

(a) noticing the situation – paying attention to what is going on nearby;

(b) assessing and deciding whether someone might need help;

(c) checking with others if unsure;

(d) accepting responsibility to take action – not assuming someone else will act; and

(e) making a plan to step in, without being aggressive or putting oneself or others in danger.

Resolution and Complaints

(23) Complaints and breaches of this Policy should be reported in accordance with the Complaints Handling Policy (see AP19).

(24) Various informal and formal methods are available to resolve complaints depending on the nature and seriousness of the allegations, and the wishes of the complainant.

(25) The process to handle and resolve complaints is outlined in the Complaints Handling Policy (see AP19).

SUPPORT

(26) A member who alleges sexual harassment by a member of the Party, or a person who alleges that sexual harassment took place at a gathering or event under the auspices of the ALP, is entitled to a respectful and prompt response from the ALP.

(27) Part of the resolution process is ensuring that a complainant is aware of available reporting options. This may involve referral to counselling or other independent avenues of professional advice and assistance, with the consent of the complainant.

(28) Appropriately skilled and trained Party members can support a person who has experienced sexual harassment. However, it is of the utmost importance to ascertain and respect the wishes of the person making a complaint with respect to privacy and confidentiality.

(29) Where criminal conduct, including sexual assault, has occurred, or may have occurred, referral to police by the ALP should only occur subject to the consent of the complainant and any mandatory reporting obligations.

Appendix Eighteen

AP18 ALP Queensland Policy on Bullying and Harassment Prevention and Response

Application

(1) The Code of Conduct (Code) sets out the Australian Labor Party’s expectations for all people involved with the Party. The following policies sit alongside the Code (Associated Policies):

(a) Policy on Sexual Harassment Prevention and Response;

(b) this Policy on Harassment and Bullying Prevention and Response; and

(c) Complaints Handling Policy.

(2) The Code and the Associated Policies are made pursuant to AP8 by the Queensland Branch.

(3) The Code and Associated Policies apply to the conduct of all Queensland Branch members, elected ALP parliamentary representatives, officials, employees, contractors and volunteers, who each agree they are familiar with and bound by this Code and the Associated Policies. The Code and Associated Policies also apply to any person who attends an ALP gathering or event.

(4) The Code and Associated Policies apply to workplaces, after hours work, campaign events, social functions convened by the ALP, election campaigns, and meetings and conferences which individuals covered by the Code attend as a result of party-related duties or their involvement with the ALP.

Principles

(5) The ALP believes in an organisation, and a community that is safe and inclusive for everyone and that it is imperative to take positive steps to prevent and address bullying and harassment.

(6) The ALP has harmonised its policies for Bullying and Harassment Prevention and Response across its structure. This means that the definition, response and prevention approach adopted by the ALP in response to these issues is largely consistent across all levels of the organisation.

(7) The ALP is the party of equality. All people are entitled to respect, equality, dignity and the opportunity to participate in society free of harassment and receive the protection of the law regardless of their origins, perceived race, religion, sexual orientation, gender identity, disability, age or ethnicity. These same principles apply to all those participating in the democratic processes of the Party.

(8) International Labour Organisation Convention 190 – Violence and Harassment in the World of Work (Convention) recognises the fundamental right of every worker to be free from all forms of violence and harassment at work, regardless of their employment type. This includes volunteers, contractors, casuals, trainees and apprentices.

(9) Consistent with the Convention, the ALP stands against work related gendered violence, in all its forms, bullying and other types of inappropriate behaviour, which are prohibited and will not be tolerated.

(10) Bullying, harassment and discrimination can cause physical, emotional, sexual, psychological, social and economic harm. Victims, survivors and complainants in many organisations have historically been silenced and left unsupported. The ALP strive to create a strong and positive culture, and commit ourselves to the creation of policies, training and grievance procedures that will effectively protect complainants when allegations of harassment are made.

Awareness and Training

(11) The ALP recognises that simply having a policy or code is not enough and that as an organisation steps must be taken to create a supportive and positive culture, to improve awareness, to provide training (and mandate training where appropriate) and to implement robust systems and processes to deal with allegations and complaints of bullying, harassment and discrimination.

What is Bullying

(12) Bullying occurs when a person or group of people repeatedly behaves unreasonably towards another person, or a group of people of which the other person is a member and that behaviour creates a risk to health and safety.

(13) Bullying is misconduct and can be, but is not limited to:

(a) repeatedly making demeaning jokes or belittling remarks about a person;

(b) threats, intimidation, stand-over tactics and coercion;

(c) verbal abuse or degrading language or gestures aimed at an individual;

(d) yelling or screaming at an individual;

(e) spreading rumours or misinformation about a person;

(f) excluding, isolating or marginalising a person from activities;

(g) abuse of supervisory or managerial authority such as sabotaging a person’s work or deliberately inconveniencing them; and

(h) unjustified threats of disciplinary procedures.

(14) Bullying is not:

(a) differences of opinion;

(b) non-aggressive conflicts;

(c) interpersonal problems in working relationships;

(d) reasonable performance management;

(e) operational changes or restructuring;

(f) lawful termination of employment or position;

(g) robust intellectual debate; or

(h) constructive feedback.

What is Harassment

(15) Harassment refers to both single and repeated occurrences of a range of unwelcome, offensive or unacceptable behaviours and practices, or threats, that aim at, result in, or are likely to result in physical, psychological, sexual, social or economic harm and can be, but is not limited to (note, this list is not exhaustive):

(a) unwanted physical contact;

(b) repeated offensive comments, including insults, verbal or physical threats;

(c) spreading rumours about a person;

(d) breaching the privacy of a person, for example by disseminating personal information without their consent;

(e) posting offensive comments in public forums about a person;

(f) repeated shouting, insults, threats, disparagement, public humiliation or intimidation;

(g) purposefully isolating a person from normal party business, conversations or events;

(h) making offensive remarks about a person based on their sex, gender identity, marital status, religious belief, ethical belief, colour, race, ethnic or national origin, disability, age, political opinion, employment status, family status or sexual orientation;

(i) deliberately mimicking the way a person speaks, making jokes about their race, calling a person by a racist name, deliberately pronouncing a person’s name incorrectly, or deliberately mis-gendering a person;

(j) repeatedly following a person (stalking);

(k) unreasonably and persistently contacting or attempting to contact a person by any means;

(l) interfering with a person’s property; and

(m) harassment on the ground of sex, which occurs when a person:

(i) engages in unwelcome conduct of a seriously demeaning nature towards another person, on the basis of that person’s sex or a characteristic generally imputed on or associated with that person’s sex, in circumstances where it is reasonable to anticipate the possibility that they will feel offended, humiliated or intimidated; or

(ii) creates or facilitates an intimidating, hostile, humiliating or offensive environment for a person or persons of a particular sex.

What is Discrimination

(16) Discrimination occurs when a person directly or indirectly discriminates against another person as follows:

(a) on the grounds of a protected attribute of the other person, the first person treats or proposes to treat the other person less favourably than they would treat a person with a different type of protected attribute, in the same or not materially different circumstances;

(b) the first person imposes a requirement that is likely to disadvantage someone with a protected attribute more than a person without a protected attribute; and

(c) the first person undertakes any act involving a distinction, exclusion, restriction or preference based on race, colour, descent or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of any human right or fundamental freedom in the political, economic, social, cultural or any other field of public life.

(17) For the purposes of this Policy, a protected attribute includes race, colour, sex, religion, political beliefs, decent or national extraction, nationality, social origin, immigration status, age, medical record, criminal record, relationship status, pregnancy and associated attributes, family or carer responsibilities, impairment, mental, intellectual or psychiatric disability, physical disability, disease, illness or other medical status (including being HIV positive), sexual orientation, gender identity, intersex status, physical appearance, criminal record and spent convictions, and trade union activity, including attributes generally imputed to a person with one of the above attributes as well as association with a person who has one of the above attributes.

Active Bystander Intervention

(18) The ALP encourages and values safe active bystander intervention by Party members to prevent or stop bullying or harassment from occurring or continuing.

(19) The steps involved in safe active bystander intervention are:

(a) noticing the situation – paying attention to what is going on nearby;

(b) assessing and deciding whether someone might need help;

(c) checking with people around if unsure;

(d) accepting responsibility to take action – not assuming someone else will act; and

(e) making a plan to step in, without being aggressive or putting oneself or others in danger.

Resolution and Complaints

(20) Complaints and breaches of this Policy should be reported in accordance with the Complaints Handling Policy (see AP19).

(21) Complaints can be resolved using various informal and formal methods depending on the nature and seriousness of the allegations, and the wishes of the complainant.

(22) The process to handle and resolve complaints is outlined in the Complaints Handling Policy (see AP19).

Support

(23) A member who alleges bullying, harassment or discrimination by a member of the ALP, and any person who alleges that bullying or harassment took place at an ALP gathering or event, is entitled to a respectful and prompt response from the ALP.

(24) Part of the resolution process is ensuring that a complainant has been adequately supported by appropriately training Party members and is aware of available reporting options. This may involve referral to counselling or other avenues of professional advice and assistance, with the consent of the complainant.

[Contents]

Appendix Nineteen

AP19 ALP Queensland Branch Complaints Handling Policy Application

(1) This Complaints Handling Policy applies to complaints arising under the following policies:

(a) the Code of Conduct (see AP15);

(b) the Policy for Sexual Harassment Prevention and Response (see AP17); and

(c) the Policy for Bullying and Harassment Prevention and Response (see AP18)

(together, the Code of Conduct and Associated Policies)

Complaint Response Jurisdiction

(2) The ALP has harmonised its complaints handling policy across its structure. This means that the process and procedure for responding to complaints are consistent across the Party including in the Queensland Branch.

(3) Complaints should be actioned by the Branch to which they relate.

(4) The Branch cannot action complaints relating to the National Office, or in connection with a National ALP gathering or event. Complaints relating to the National Office or in connection with a National ALP gathering or event will be actioned by the National Secretariat’s Office.

(5) The ALP reserves the right to develop complaints handling policies for individual workplaces where appropriate, which are consistent with the law and the principles outlined in the Code of Conduct and Associated Policies.

(6) An overview of the complaints handling process is set out at Attachment A

(7) The following table sets out the relevant pathways for complaints to be actioned. However, the ALP recognises that many members are involved in the Party in a variety of ways and encourages anyone who may wish to make a complaint to speak to a Respect Contact Officer listed at AP19(13) for further guidance.

Administrative Regulations

Australian Labor Party (State of Queensland)

In accordance with Rule 4 of the Rules

As at August 2021

AR1 Affirmative Action (Rule 7)

(1) Child-minding facilities shall be provided as required at State Conference, Labor Women’s Conference, and be recommended for all other Party Units and forums.

(2) Party Units should hold meetings in places where all members but especially women feel that they will be able to attend in safety.

[Contents]

AR2 Union Affiliation (Rule 11)

(1) Each affiliated Unions’ affiliation shall be determined each year by an audit of the Union’s membership as at 30 June of the preceding year. This audit shall determine the Union’s maximum affiliation as:

(a) the number of members eligible to vote in a ballot for an office in that Union at 30 June as conducted by the appropriate Electoral Commission/s; and

(b) the number of members identified in (a) above for whom the Union received an amount of dues in relation to the period between 1 April and 30 June inclusive for that year.

(2) Before 4:00pm on the last Friday in February in each year, each Union shall provide an independent audit report from the previous year and advice on the number of members the Union will affiliate on for the current year.

(3) The independent audit report and affiliation fee advice shall be provided to the General Returning Officer in a sealed envelope addressed “Confidential – Union Affiliation.” These envelopes shall be secured in a ballot box and opened in the presence of scrutineers at an agreed time and place following the date determined in AR2(2). Each affiliated Union is entitled to send a scrutineer.

(4) The affiliation fee is calculated by multiplying the Union capitation fee as determined by the Administrative Committee (AR15) by the number of members advised by the Union in accordance with AR2(1).

(5) Each Union’s affiliation fees shall be paid in full to the State Secretary by close of business on the last Friday in March. A Union shall be deemed to be unfinancial until such fees are paid in full.

(6) A Union’s affiliation for the purpose of determining State Conference delegates shall be based upon the three year rolling average of the Union’s affiliation for the current and two preceding years.

(7) If a Union fails to lodge an independent audit report by the date determined in AR2(2), the General Returning Officer shall use the Union’s previous year’s affiliation reduced by 15 per cent.

(8) A Union whose affiliation fees are in arrears shall be deemed unfinancial and shall not be entitled to exercise any rights conferred on Unions by these Rules.

(9) If an unfinancial Union fails to pay its annual affiliation fee within twelve months of the due date (see AR2(2)) that Union shall cease to be an affiliated Union. Such Unions shall only re-affiliate in accordance with Rule 10.

(10) Each Union shall comply with the following conditions in preparing the independent audit report:

(a) engage a registered company auditor; and

(b) request that the work performed in the audit be in accordance with Australian Auditing Standard 802 “The Audit Report on Financial Information Other than a General Purpose Financial Report” and Auditing Guidance Standard 1044 “Audit Reports on Information Provided Other than a Financial Report”.

(11) The independent audit report shall include:(a) an audit certificate signed by the auditor which shall include advice as set out in AR16; a statistical return which shall include a figure determined to be equal to or less than the Union’s maximum; and

(b) affiliation as of 30 June of the year in question.

[Contents]

AR3 Membership (Rule 14)

Membership Renewals

(1) All membership subscriptions are payable to the Australian Labor Party (State of Queensland) through the State Secretary and all membership tickets shall be issued from the Party Office.

(2) Party Members can choose to have Party membership automatically renewed by bank, credit card deduction or recurring direct debit. To do so, a member must be provided the appropriate permission using words determined by the State Secretary, with approval by the Administrative Committee and in line with legislative requirements. A membership card will automatically be forwarded following the bank, credit card deduction or recurring direct debit being honoured.

(3) The State Secretary shall post a membership renewal notice to each member (other than those whose Party membership is automatically renewed by bank or credit card deduction) as soon as possible after 1 November in each year.

(4) The State Secretary shall issue membership tickets direct to members on receipt of the membership subscription and completed form.

(5) The State Secretary shall in January and February each year send the current membership print-out to each Branch Secretary, together with copies of the membership ticket request form for issue to members who have not already renewed.

(6) Branch Secretaries should notify, by circular, all members who have not renewed by February that they must renew with the State Secretary by 31 March otherwise their membership will lapse.

(7) Where membership subscriptions and completed membership renewal notices are received by a Branch Secretary they shall be sent forthwith to the State Secretary.

(8) As soon as possible after 31 March, the State Secretary shall send to each Branch Secretary the current membership print-out.

State Branch Master List

(9) The State Secretary shall cause a list to be kept of the names, addresses and such other information as may be appropriate, of all financial members of the Party. This list shall be updated on a regular basis.

(10) Applications for membership, registration with Branches and transfer from Branches (intrastate and interstate) shall be retained by Party Office.

Transfers from Interstate

(11) A member of a Branch of the Australian Labor Party outside Queensland shall, on taking up residence in Queensland and before the expiry of their existing membership, be allowed continuous membership of the Party (current to 31 December of the year in question) provided the member:

(a) applies to join the Queensland Branch in accordance with Rule 13; and

(b) receives the approval of the Administrative Committee.

The member then has six months from the date of Administrative Committee approval to register with a local Branch in accordance with Rule 13 otherwise the member will be reclassified as an unregistered member.

Branch Member Visiting Rights

(12) A Branch member may not be registered with more than one Branch, but may attend any meeting of any other Branch or Party Unit. Visiting members shall announce themselves as such, may address members with the approval of a resolution of that meeting, but shall not originate a motion nor cast a vote nor in any other way participate in the business of the meeting.

Observers at State Conference

(13) Branch members, who are not delegates or their proxies, may attend meetings of State Conference as observers. The Chair may require such members to withdraw from the meeting where in the opinion of the Chair, there is sufficient reason why they should be excluded. Following the withdrawal of observers, the reason shall then be made known to State Conference. State Conference may decide by a majority vote that the observers be admitted or excluded and what, if any, conditions are imposed.

Imperial Titles

(14) Any member who accepts an imperial title shall automatically cease to be a member of the Party. No person possessing an imperial title shall be admitted to membership of the Party, unless otherwise determined by the Administrative Committee.

Registration of Member Signature

(15) Each member of the Party is required to provide a signature for the purpose of:

(a) verifying postal voting returns;

(b) verifying nomination petitions;

(c) other purposes as determined by the Administrative Committee from time to time.

(16) A signature can be provided by:

(a) signing a membership application form;

(b) signing a membership renewal form;

(c) signing a Branch registration/change of particulars form;

(d) completing the Signature Registration form (Form J).

(17) A registered signature is required if a member is:

(a) voting by postal vote, including national member ballots;

(b) signing a Petition for Nomination of Candidate (Form H).

(18) Failure to provide a registered signature may mean a member’s vote or petition may not be counted.

[Contents]

AR4 Meritorious Service and Life Membership Awards (Rule 16)

(1) State Conference, and in exceptional circumstances the Administrative Committee, may on the nomination of a Branch or the Administrative Committee, made on the prescribed form (AR16) and taking into account the recommendation of the Awards Committee, grant any of the following Meritorious Service Awards:

(a) a Certificate of Merit to a member with 15 years meritorious service;

(b) a Long Service Certificate to a member with 25 years meritorious service;

(c) a Dedicated Service Award & Badge to a member of a Branch who has given 30 years dedicated service to the Party or where, in its opinion, extra-ordinary circumstances prevail which warrant the granting of the award.

(d) A Posthumous Meritorious Service Award.

(2) State Conference, and in exceptional circumstances, the Administrative Committee, may on nomination from both the Awards Committee and the Administrative Committee award Life Membership to a longstanding member of the Party that has provided distinguished service to the Party. A life membership nomination must describe the background and history of service of the nominee and be accompanied by two recommendations (one each) from either:

(a) a Life Member who resides in the same federal division as the nominee;

(b) an elected representative;

(c) a Party Unit Executive; or

(d) an affiliated Union.

(3) Awards shall not be granted to any serving Member of Parliament (State or Federal) or full-time local government representative.

(4) Meritorious Service Awards shall be numbered consecutively, and recorded in a registry at Party Office.

(5) State Conference may award to members falling outside the requirements of AR4(1) if, in its opinion, extraordinary circumstances prevail which warrant the granting of such award.

(6) A life member shall be presented with a gold badge at an appropriate ceremony approved by the State Secretary in consultation with the member’s Branch and the State Secretary shall issue a Life Membership Certificate that shall be sufficient for the member to obtain full Branch and plebiscite voting rights. A life member shall pay no membership fee. However, the State Secretary will issue a membership card each year to the life member.

(7) State Conference may revoke the Life Membership granted to any person who in its opinion has acted against the interests of the Party. In all such cases, the reasons shall be recorded in the register.

(8) Any person whose Life Membership is terminated (either by State Conference as provided above or otherwise under these Rules) or any person wishing to terminate their Life Membership shall return the gold badge and Life Membership Certificate to Party Office and the State Secretary shall delete their name from the register and other records accordingly.

(9) A life member of another State or Territory Branch shall, on taking up residence in Queensland, and complying with the provisions of AR3(11), be recognised and treated by the Queensland Branch as if they were admitted to Life Membership by the Queensland Branch itself.

[Contents]

AR5 State Conference (Rule 17)

Venue for State Conference

(1) State Conference shall determine the host city for State Conference two years in advance that shall be either Brisbane or an appropriate provincial city, provided that no more than two successive ordinary State Conferences are held in Brisbane. The Administrative Committee shall then choose an appropriate venue within that city.

When Held

(2) State Conference must be held each year at a date and location determined by the Administrative Committee.

State Conference Agenda

(3) Items for consideration by State Conference must be received by the State Secretary at least two months before the State Conference to which they are directed. They are to be submitted in writing and bear the name of the constituent unit submitting them. The State Secretary shall refer any item received to each relevant Policy and Standing Committee, which shall report to State Conference on the matters referred to it.

(4) The State Conference or the Administrative Committee may give leave to allow late items to be placed on the State Conference agenda.

Agenda Committee

(5) At least three months prior to each State Conference, the Administrative Committee shall elect by proportional representation five persons, at least two of whom shall be women, to serve on the Agenda Committee for the State Conference.

(6) The State President, State Secretary and the General Returning Officer shall be ex-officio members of the Agenda Committee.

(7) A quorum for meetings of the Agenda Committee shall be four.

(8) The powers and duties of the Agenda Committee shall be:

(a) recommend the conference agenda to the meeting of State Conference;

(b) after consultation with the Administrative Committee, Policy and Standing Committees, to recommend to Conference the time of the presentation by each Committee of its report and recommendations; and

(c) to circulate to each delegate, at least 21 days before Conference, an agenda for all relevant Committee reports.

Financial Delegation Fees, Expenses and Equalisation Levies

(9) Each constituent unit represented at State Conference shall pay a fee in respect of each delegate in attendance or, in the case of a Union, a fee for each vote exercised by that Union (see AR15). Parliamentary and Brisbane Municipal Labor Party delegates will have their fee paid from the relevant Parliamentary Levy Fund.

(10) Subject to equalisation of Branch member travel, travelling and other expenses shall be the responsibility of the constituent unit involved, provided that delegates elected by endorsed Labor Councillors may lodge a claim for reasonable expenses with the State Secretary.

(11) The Administrative Committee shall strike a levy on all federal divisions based to equal half the cost of the Branch delegate travel. The levy will be struck based on the estimated cost of delegates travel at least six (6) weeks prior to the State Conference. No delegate from a federal division will be entitled to be credentialled to the Conference until the federal division has paid the above levy owing to the Administrative Committee. The difference between the actual and estimated cost of the travel equalisation will be either credited or debited to the federal division, as soon as practicable after the Conference. The Administrative Committee shall determine the appropriate Party Unit responsible for paying the required levy.

[Contents]

AR6 Unions (Rule 10)

Queensland Labor Advisory Council

(1) The Queensland Labor Advisory Council shall meet regularly and shall consist of:

(a) the Leader, Deputy Leader and members of the Cabinet/Shadow Cabinet of the State Parliamentary Labor Party;

(b) the State President and State Secretary, who shall be responsible for convening the Advisory Council;

(c) a party member nominated by the QCU;

(d) a party member nominated by each affiliated union; and

(e) other union and/or political representatives that the Advisory Council agrees to invite.

(2) The role of the Queensland Labor Advisory Council shall be to provide a formal consultative and campaign mechanism between the Party and the union movement.

[Contents]

AR7 Party Units (Part H)

Campaign Committees

Levies on Branches

(1) The procedure for applying levies to Branches shall be:

(a) Notice of Motion of the levy shall be given at a meeting of the campaign committee.

(b) Such notice shall be conveyed in writing to each Branch.

(c) At the subsequent meeting Branches shall indicate, preferably in writing, their attitude towards the proposed levy.

(d) If a majority of Branches is in favour of the levy or an amended levy, then the campaign committee shall agree, by motion, to this.

(e) A Branch that does not indicate an attitude to the proposed levy shall be taken as being in agreement with the levy.

(f) The Secretary of the campaign committee shall then convey to the State Secretary the terms of the proposed levy together with a statement that the Rules have been complied with and that a majority of Branches approve.

(g) The State Secretary shall place this correspondence before the Administrative Committee and if the Administrative Committee so desires before a levy subcommittee of the Administrative Committee.

(h) The State Secretary shall inform the campaign committee secretary of the Administrative Committee’s decision and the levy shall be binding on constituent Branches from that date.

(2) If the levy is struck on a per capita basis an average of the number of members per Branch is calculated by dividing the total membership in the division/electorate/ward by the number of Branches. No Branch shall pay a levy less than the average, while Branches above the average will pay on their actual number of members.

(3) A levy shall be payable and due six months after it has been approved by the Administrative Committee. After that date a Branch that has not paid the levy shall be deemed unfinancial and application may be made to the Administrative Committee to remove the vote from delegates until all arrears are paid.

(4) Where a Branch has simultaneous affiliation with more than one division/electorate/ward, it shall pay half levy if affiliated to two (or one third if affiliated with three) divisions/electorates/wards.

(5)-(6) [Deleted 2018]

Party Unit Correspondence and publications

(7) (Deleted 2018]

(8) Officers of Branches or Party Units shall not submit to their units, and Branches or Party units shall not receive or consider any communication from any communist party or fascist party, or any affiliate of any such party, or from any society, association, Union or group of persons having a constitution, platform or objective contrary to the objectives of the Party as set out in these Rules.

(9) Any published materials put out by a Branch or Party unit shall be in complete agreement with the Rules and Platform of the Party. A copy of all published materials produced must be sent promptly to the State Secretary.

(10) deleted 2018

Dissolution of Party Units

(11) When any Party Unit has organisational problems the president and/or Secretary shall immediately notify the relevant electorate organisation, if any, and the State Secretary.

(12) The Administrative Committee may dissolve any Party Unit where the Administrative Committee is satisfied the Party Unit:(a) is violating the Constitution and Rules or infringing the principles or platforms of the Party; or

(b) has ceased to function in accordance with the Rules; or

(c) has failed to meet the financial reporting and electoral disclosure requirements of Party Units.

(13) The Administrative Committee shall, in the event of cancellation taking place, be free to re-organise a new Party Unit in the area in which the cancelled Party Unit operated.

(14) No motion for closure of a Party Unit shall be voted upon unless notice of motion has been given in writing to the relevant electorate organisation, if any, and to the Administrative Committee.

(15) In the event of the number of financial members of a Branch falling below seven, the Branch may be dissolved. This determination shall be made by the Administrative Committee, following a report from a State Organiser.

(16) On dissolution of a Party Unit for any reasons, the funds remaining to its credit, as well as the books and all other property in the actual possession of the unit, shall be forthwith forwarded to the State President and State Secretary of the party to be held by them for such purposes as the Administrative Committee may from time to time determine.

(17) On dissolution of a Branch, the Administrative Committee may transfer the members of that Branch to another Branch.

(18) Where two or more Branches have resolved to amalgamate to form one Branch, the Administrative Committee may amalgamate the affected branches to form one branch and transfer the membership and assets of the affected branches to the new amalgamated branch.

(19) When a Party Unit closes or ceases to function, whether voluntarily or by direction of the Administrative Committee, another such unit shall not be established in the same area until the financial obligations of the closed Party Unit to Party Office and to any local electorate organisation or campaign committee (if any) have been discharged to the satisfaction of the Administrative Committee, or waived by it.

Video Link Provisions

(20) A Party Unit using video link facilities shall ensure the following:

(a) the platform used for the meeting is one endorsed by Party Office, which shall provide training and support;

(b) A member with a visual, auditory or related disability shall be given equal access to video link registration;

(c) Video link or telephone attendance shall not replace attendance in person and shall be made available to a member unable to attend in person due to circumstances that any reasonable person shall find appropriate.

Electorate Organisations: Meeting procedures

(21) Electorate Organisations must ensure meetings are organised in accordance with the following principles:

(a) adequate notice of meeting in writing to delegates or members;

(b) comply with the Standing Orders (Part K);

(c) provide for telephone or video link facilities to those unable to attend in person.

Regional Member Assemblies: Meeting procedures

(22) Organisation of Regional Member Assemblies (RMA):

(a) The RMA Executive shall meet formally to determine the agenda;

(b) All members shall receive written notice of the time, date, location and program for each RMA not less than 14 days before the date of the RMA;

(c) Normal meeting times should be 10:00am to 4:00pm, but can vary if determined by a previous meeting of the RMA;

(d) RMAs should encourage member participation through inclusions such as:

(i) A video link facility for members unable to attend in person;

(ii) lunch and refreshments, if no alternative available;

(iii) child-minding;

(e) [Deleted November 2019]

(f) [Deleted November 2019]

(g) [Deleted November 2019]

(h) The agenda shall provide adequate time for member participation and encouragement through activities such as policy debate, guest speakers, training and workshops.

(22A) The RMA Executive shall provide the Administrative Committee with advance notice of the time, date and location of upcoming Regional Member Assemblies. Party Office shall publish the details of upcoming RMAs in the Branch Bulletin.

Online Facilities

(23) Party Office shall endeavour to provide the following facilities online:

(a) membership application;

(b) member registration and branch transfer;

(c) event registration, including accessibility requirements;

(d) a website with member access to the following:

(i) current policy platform;

(ii) current rule book;

(iii) handbooks;

(iv) financial management resources;

(v) party unit information;

(vi) training resources.

(24) Where possible, Party Units shall engage the use of online facilities to assist members to access meeting documents and other information. These facilities may include, but not be limited to the provision of:

(a) telephone and video link technology

(b) online minutes, correspondence and other meeting documents, by secure link;

(c) a website or other media platform for communicating with members;

(d) an email or other means to contact the party unit;

(e) a newsletter or other regular communication.

Large Branch Review

(25) A Branch that reaches the threshold of 200 financial members shall be assessed by the Administrative Committee to ensure that, due to the number of branch members, it remains an effective branch and that its members are receiving proper regular communications and have opportunities to participate fully in the Branch, as well as other matters that the Administrative Committee deems appropriate. The Administrative Committee may resolve to form new Branches or make other changes to the administration of the Branch.

[Contents]

AR8 Public Office (Part I)

Members’ Offices and Residences

(1) Members in Parliament and members in the Brisbane Municipal Labor Party will immediately after election establish an office at an appropriate site, able to service the electorate represented. Any Member proposing to establish or transfer an office shall advise the State Secretary.

(2) Following each Senate election, elected Senators shall agree and advise the Administrative Committee on the location of a senate office in Central Queensland and a senate office in North or Far North Queensland.  If agreement cannot be reached, the Administrative Committee will determine which Senator’s offices shall be located in the regions above.

(3) Newly-elected senators must seek approval from the Administrative Committee on the location of their senate office prior to making a request to the Commonwealth Government.

(4) Each Queensland Senator, Federal Member and State Member shall reside in Queensland.

Adopted Members

(5) A system of Federal and State Adopted or Duty Electorates shall be established under the control of the State Secretary to cover those electorates where there is no sitting Federal or State member. The allocation of Adopted or Duty Member/Senator shall be done in consultation with the appropriate Federal (Queensland Members/Senators only) or State caucus.

Members’ Personal Staff

(6) Each Queensland Senator, Federal Member, State Member and BCC Councillor shall ensure that each person employed on the Member’s personal staff is a financial member of a relevant Union.

[Contents]

AR9 Notice for Calling of Nominations [Deleted 2015]

AR9 Expenditure of Funds (Rule 26)

(1) Funds can only be expended under Rule 26(8) in reliance upon a resolution properly made prior to the funds being expended by a Party Unit which:

(a) identifies the purpose for the expenditure and the amount of funds to be expended; or

(b) identifies the purpose for the expenditure and the maximum amount to be expended if that maximum is consistent with an expenditure budget previously adopted by the Party Unit.

(2) If an expenditure is urgent and cannot be reasonably authorised by the Party Unit prior to being expended and is less than $500, the Executive of the Party Unit may by resolution authorise the expenditure. The Executive must obtain the endorsement of any such expenditure forthwith from the Party Unit.

[Contents]

AR10 Verification and Voting Rolls (Rule 44)

Verification

For continuing members:

(1) On or immediately after the 31 January (cut-off day) or 31 July (cut-off day) in each year the State Secretary shall acquire an electronic electoral roll for the entire State from the Commonwealth or State Electoral Commissions and the place at which each Branch member is enrolled shall be deemed their enrolment address regardless of their alteration of enrolment until the next cut-off day.

(2) [Deleted 2019]

(3) A sub-committee, appointed by the Administrative Committee in December each previous year, shall verify each member based on data matching Party records with the electronic roll obtained according to AR10(1) or (2) taking into account any alterations required.

(4) The verification process shall determine the following:

(a) all members who are currently eligible or will become eligible in the 6 month period from the cut-off day, whose enrolment is verified at the cut-off day (verified);

(b) all members who are currently eligible or will become eligible in the 6 month period from the cut-off day, whose enrolment is not verified at the cut-off day (unverified); and

(c) all other members who will not qualify (see Rule 44) in the 6-month period from the cut-off day.

(b) members may use pre-enrolment on the Electoral roll to establish residency for verification purposes

(c) Special Category Visa holders (Subclass 444) are also required to provide proof of date of arrival in Australia, either by providing evidence of a stamped passport, or a record of their movement (available on request from the Australian Government) indicating entry to Australia was after 26 February 2001.

Any member who fails to submit a residency verification form (see AR16) and corresponding verification documentation shall not be verified.

(6) The sub-committee shall report to the first Administrative Committee meeting following the end of February and August.

(7) The sub-committee shall be advised throughout the year of those members who have 6 months continuous financial membership in a Branch and who obtain a transfer from interstate, or who obtain Australian Citizenship or turn 18, and subsequently enrol. The sub-committee should satisfy itself that the member is then eligible to participate in a plebiscite and agree to verify the member’s enrolment and eligibility.

(8) As soon as the sub-committee is satisfied that the process of verifying members is complete, each member identified in AR10(4)(b) above shall be sent a letter advising them of their verification status.

(9) Any member can appeal the verification status of any member by submitting a written appeal to the sub-committee and is entitled to submit an objection to the Disputes Tribunal if the member is not satisfied with the response of the sub-committee.

Voting Roll

(10) The General Returning Officer with the assistance of the sub-committee appointed by the Administrative Committee, shall prepare a roll of eligible plebiscite or preselection voters from the lists provided for in AR10(3-5), provided that members on the certified list have maintained continuous financial Branch membership and (with the exception of members who qualify in accordance with Rule 44(2)) remain enrolled in accordance with the Commonwealth and State electoral acts at the close of nominations. This document shall be the “Voting Roll.” The following provisions apply to the Voting Roll:

(a) the Voting Roll shall include each member who resides or is enrolled in the relevant division/electorate/ward, pursuant to AR10(1) and AR10(2);

(b) any Party member whose name appears on the Voting Roll but is not eligible to vote in the ballot because they have not complied with the Party’s Rules for eligibility to vote in a ballot, shall have a line drawn through their name and shall not be eligible to cast a vote. A notation must also be made against the name of such person indicating the reason for their ineligibility. The roll must contain for each eligible voter, the member’s name and address as shown on the Party’s membership records;

(c) the Party’s registered officer must certify that the persons on the Voting Roll of eligible voters are eligible to vote in the ballot pursuant to the Rules of the Party;

(d) the certification referred to in (c) above shall form part of the report required under the provisions of the Electoral Act 1992 and Electoral Regulation 2013.

(11) The returning officer shall make the Voting Roll available for inspection by any candidate in the ballot or any other Party member enrolled in the relevant division, electorate or ward:

(a) free of charge;

(b) at the address indicated in the notice that called for nominations of candidates for the ballot; and

(c) at such times as indicated in the Notice calling for nominations, during a period that commences the day after nominations close and ends 30 days after the closing time for the ballot.

(12) The General Returning Officer shall ensure that copies of the Voting Roll for the relevant division, electorate, area or ward are provided to all candidates at the same time, either on the close of nominations or on the completion of the Voting Roll as soon as possible thereafter so the candidates will have the maximum opportunity to canvass eligible voters.

(13) Candidates in any plebiscite and/or preselection ballot shall be supplied with regular updates of pre-poll and absentee requests.

(14) Each candidate shall be responsible for providing any challenges to the Voting Roll to the General Returning Officer, who shall provide a written response to all candidates either agreeing with or rejecting the challenge.

(15) Any issues relating to the Voting Roll must be raised with the General Returning Officer who shall make any relevant ruling. The General Returning Officer’s ruling may be challenged by further reference to the Disputes Tribunal in accordance with these Rules.

(16) Any candidate who fails to advise the General Returning Officer of any challenge or related matter and takes these issues into forums outside the Party shall be referred immediately to the Disputes Tribunal that shall have the power to withdraw the candidate’s endorsement.

[Contents]

AR11 Nominations (Rule 45)

(1) The Administrative Committee shall determine the time and dates for opening and closing of expressions of interest (EOIs) as required by the Candidate Suitability Panel (Rule 47), prior to the time and date for the opening and closing of nominations for public office preselection. The Administrative Committee shall determine the time and date for opening and closing of nominations for internal plebiscite. The General Returning Officer shall then provide the relevant notification to the Party membership pursuant to the provisions of these Rules.

(2) When first calling EOIs or nominations for public office, the Administrative Committee shall, except where otherwise decided by two thirds majority, call nominations separately for all seats in each group in accordance with Rule 7(1)(e) to ensure the General Returning Officer can report in accordance with Rule AP12(9).

(3) In the case of EOIs or nominations for elections for public office the General Returning Officer shall, unless otherwise decided by the Administrative Committee (and such decision shall not be inconsistent with the provisions of the Electoral Act 1992 and Electoral Regulation 2013) make arrangement for notification to be placed in relevant Party publications to be circulated to Party members and affiliated Unions.

(4) In the case where no EOIs for public office are received by the closing date, EOIs shall remain open until the Administrative Committee decides otherwise, at which point the Administrative Committee shall determine the process for calling and notifying further EOIs or nominations.

(5) A period of at least one month must elapse between the publication of the advertisement and the closing of expressions of interest for public office preselection and nominations for internal plebiscite, provided that in cases of urgency the period may be reduced by the Administrative Committee.

(6) The Administrative Committee shall determine a period for nominations for public office, which shall be limited to those members who have submitted an EOI.

(7) A fee shall be paid to the General Returning Officer by each nominee at the time of lodgement of a nomination for any internal plebiscite as provided for in AR15.

(8) The nomination of a candidate must:

(a) be in writing;

(b) be signed by the nominee;

(c) be received by the General Returning Officer before the closing time for nominations;

(d) comply with other requirements for nomination as set out in these Rules; and

(e) in the case of public office preselection, comply with all relevant provisions of the Electoral Act 1992 and Electoral Regulation 2013.

(9) A nomination shall be informal for any of the following reasons:

(a) if it is received in the hands of the General Returning Officer or the nominee of the General Returning Officer at Party Office after the advertised hours of closing nominations. It is the responsibility of the nominee to ensure that the nomination is properly received;

(b) if it is not accompanied by the Party’s pledge, duly signed by the candidate and witnessed.

(10) A candidate shall nominate on the required form (see AR16), as appropriate. Candidates in accordance with Rule 38, must submit with their nomination form, a Levy Deduction Authority (see AR16).

(11) A nominee may withdraw his or her nomination by giving, before the closing time for nominations, by written notice of the withdrawal to the General Returning Officer for that ballot. If the nomination is withdrawn under this Rule, then the candidate’s nomination is taken never to have been made or accepted.

(12) As soon as possible after the closing time for nominations the General Returning Officer must decide in relation to each nomination whether it will be accepted. The General Returning Officer must and may only accept a nomination if the nomination complies with the (8) above. If a nomination is not accepted the nomination is taken never to have been made.

(13) Where the General Returning Officer at the time for the closing of nominations has received more than one eligible nomination then the provisions of this Rule shall apply:

(a) as soon as possible after the closing time for nominations the General Returning Officer must give written notice to each of the candidates whose nomination is accepted;

(b) the notice to candidates must state the following:

(i) how the preselection ballot will be held;

(ii) if voting is to be by attendance voting when and where a person will be able to vote;

(iii) if voting is to be by online and/or postal voting:

(a) the closing time for voting; and

(b) the address at which the postal vote must be received.

(iv) if voting is to be partly by attendance voting and partly by postal voting, the information mentioned in paragraphs (ii) and (iii) above; and

(v) that a candidate for public office preselection ballot or any other Party member enrolled in the relevant division, electorate or ward may inspect the preselection roll for the preselection ballot:

(a) free of charge;

(b) at the address stated; and

(c) at the time stated and during the period that starts the day after the closing time for nominations and ends 30 days after the closing time for the preselection ballot.

(vi) a candidate may appoint a scrutineer to act for the candidate.

(c) the information contained in the notice shall not in any way be inconsistent with information that was contained in the notice that called for nominations for the particular ballot.

(d) in the case of preselection ballots for state and local authority elections, a copy of the model procedures (Schedule 1 of the Electoral Regulation 2013) shall be provided to each candidate, who must give the General Returning Officer a written acknowledgement of receipt of the procedures (AR16).

[Contents]

AR12 Conduct of Ballots (Rule 52)

(1) The General Returning Officer shall advise all affiliated Unions and Branch members in the relevant division, electorate, local authority area or ward of the calling of nominations for a preselection ballot and all affiliated Unions and Branch members relevant to an internal plebiscite, and advise in writing of the methods, dates and time for polling.

Ballot Papers

(2) The General Returning Officer must as soon as possible after the closing time for nominations prepare ballot papers for the preselection or internal plebiscite, which must:

(a) list the surname of each candidate for the preselection ballot followed by the candidate’s other names; and

(b) describe how a voter is to mark the ballot paper to indicate unequivocally for whom the voter intends to vote. The ballot paper shall have printed on it instructions as stated in Rule 53(6).

(3) For a vote to be formal it must have the number 1 placed against only one of the candidates. If the number 1 is duplicated or missing that will render the vote informal. A formal vote shall be transferred and distributed as set out in these Rules until it lacks a sequential number or a number is duplicated. At that point the voting papers shall be declared exhausted.

(4) The General Returning Officer must decide by lot, the order that the candidates names shall appear on the ballot paper. The drawing of such lots shall be open for any candidate and/or their designated scrutineer to observe.

Voting

(5) A person may assist an eligible preselection voter who is unable to vote without the help of another person, where that person does not themselves attempt to improperly influence the preselection voter in the casing of their vote.

(6) Where in any plebiscite or preselection ballot the number of impounded votes could affect the result the General Returning Officer will make a determination in respect of each impounded vote. Any information or documents required by the GRO shall be forwarded by registered mail. Should an unsuccessful candidate dispute the decision all relevant material will be placed before the Disputes Tribunal for a decision.

(7) Following the count of votes a marked register identifying ordinary, online and postal voters will be made available to candidates and scrutineers for examination.

(8) A vote shall be ruled formal if the voter’s intention is clear.

(9) Each returning officer shall, at the earliest opportunity report to the General Returning Officer any irregularity or breach of Rules or any complaint in connection with a plebiscite or preselection ballot, so that the matter may be determined by the GRO. If that determination results in further complaint or protest, the matter will be placed before the Disputes Tribunal for decision.

Scrutineers

(10) A scrutineer for a ballot may be present on any of the following occasions:

(a) for a stand up/attendance ballot, when a ballot paper is given to an eligible preselection voter;

(b) for a postal vote, when the return envelope is opened and the declaration envelope is opened and scrutinised;

(c) when votes are scrutinised and counted, including when postal votes are uploaded for online ballots;

(d) when online votes are released and online vote reports are generated.

(11) The scrutineer for a ballot may:

(a) be the candidate; or

(b) a person, who is a member of the Party, who is appointed by the candidate to act as their scrutineer;

(12) An appointment under AR12(11)(b) must:

(a) be in writing; and

(b) be signed by the candidate; and

(c) be given to the General Returning Officer before that person acts as scrutineer.

Counting the Vote

(13) No counting of any votes in any ballot shall be commenced until such time as the returning officer has given reasonable written notice to each candidate of the time and location where the ballot will be counted. Under no circumstances will the returning officer break or interfere with the seal or cover on any packet of ballot papers or ballot boxes until the time so notified for the count.

(14) The returning officer shall, at the appointed time and in the presence of scrutineers, count the votes received.

(15) If the ballot includes postal voting, the returning officer:

(a) must open each returned envelope; and

(b) must take out each declaration envelope from the locked ballot box; and

(c) after ensuring:

(i) the declaration on the declaration envelope is signed; and

(ii) that the returning officer is satisfied as to the identity of the signatory;

(iii) the preselection or plebiscite roll does not indicate that the voter mentioned on the declaration envelope has previously voted;

must:

(d) beside the voter’s name, mark the voting roll with a notation to indicate a declaration envelope has been received from the voter, which the candidates or their scrutineers may request to review; and

(e) take the ballot paper out of the declaration envelope in a manner that preserves the secrecy of the ballot; and

(f) place the ballot paper into a sealed ballot box; and

(g) may, at the discretion of the General Returning Officer, undertake the steps in (a) to (f) before or after the closing time for the postal ballot, and once (a-f) has been completed for all postal votes, enter the ballot papers into the online ballot platform, if an online ballot has been conducted.

(16) After the completion of the count all ballot papers and ballot material relating to that ballot shall be placed into a sealed envelope and shall be delivered to the General Returning Officer immediately after the count.

(17) In the event that two candidates record the same number of votes in a ballot, then Rule AP13(17) shall apply.

Preselection Ballot Report

(18) At the conclusion of the count of a preselection ballot, the General Returning Officer shall certify the result and prepare a written report and forward that to the Administrative Committee.

(19) The report on the conduct of the preselection ballot must:

(a) include a reconciliation of the preselection ballot papers as at the time the preselection ballot closes; and

(b) be included in the Minutes of the next meeting of the Administrative Committee.

(20) The reconciliation of preselection ballot papers must show the aggregate of:

(a) the number of ballot papers issued (including duplicate ballot papers issued at the request of eligible postal voters and replacement ballot papers issued at the request of stand up/attendance voters when previously issued ballot papers are spoiled); and

(b) the number of ballot papers unused equals the number of preselection ballot papers printed.

Retention of Documents

(21) For each preselection ballot for public office, the General Returning Officer must forward each of the following documents to the Party’s registered officer:

(a) a copy of the notice calling for nominations;

(b) all nominations of candidates for the preselection ballots, including nominations that were withdrawn or not accepted;

(c) any notice of withdrawal of nominations;

(d) Deleted 2019;

(e) a copy of the notice given to candidates detailing the preselection ballot process;

(f) a copy of the preselection roll;

(g) all ballot papers that were issued in duplicate or not issued but printed;

(h) where the preselection ballot included postal voting, any return declaration envelopes received by the returning officer;

(i) for each scrutineer for the preselection ballot appointed to act for a candidate, a copy of their written appointment letter;

(j) a document indicating the total number of formal votes and the number recorded for each candidate and the number of informal votes;

(k) the certification and report mentioned in AR12(18); and

(l) a copy of any minutes of any Party unit or organisation for which the preselection ballot was conducted.

(22) The Party’s registered officer shall retain these documents:

(a) for a preselection ballot for an election, until the day the writ is issued for the next General Election after that Election; or

(b) for a preselection ballot for an election for a Local Government, until the cut off day for the voter’s roll for the next quadrennial election of a Local Government after that Election.

(23) The General Returning Officer shall retain all relevant documents for all other Party ballots.

Postal Ballots

(24) Each candidate may send a scrutineer to be present when ballot papers are prepared for posting. Such scrutineers may examine the voting roll and may accompany the local returning officer to the letter receiver where the voting material is posted. Where no scrutineer is available the local returning officer shall arrange for a witness.

(25) The returning officer shall cause to be sent to each person on the voting roll:

(a) an initialled ballot paper;

(b) an instruction sheet;

(c) a declaration envelope; and

(d) a tamper proof return envelope addressed to the returning officer for the purpose of returning the ballot paper.

(26) The returning officer must post the voting material to each eligible postal voter in sufficient time for that voter to receive the voting material and to return the ballot paper to the returning officer before the closing time for postal voting.

(27) If at the voter’s request, the returning officer gives the voter duplicate voting material, the returning officer must beside the voter’s name mark the voting roll with a notation to this effect;

(28) The returning officer must give the voting material to an eligible postal voter in a sealed envelope:

(29) If the voter has given the returning officer written notice of an address for that voter other than the address that is shown on the preselection roll, then the voting material must be posted to the alternative address, otherwise, the voting material must be posted to the voter’s address as is shown on the preselection roll.

Declaration Envelope for Postal Voting

(30) A declaration envelope for a postal vote will include:

(a) the voter’s name; and

(b) the following statement: “I certify that I am the person whose name appears on this envelope and I have voted on the enclosed ballot paper”;

(c) a space for the voter’s signature below the statement mentioned in paragraph (b) above.

(31) To make a postal vote in a preselection ballot, an eligible postal voter must:

(a) complete the ballot paper; and

(b) put the completed ballot paper inside the declaration envelope described in AR12(30); and

(c) complete the declaration envelope; and

(d) place the declaration envelope inside the return envelope; and

(e) return the return envelope to the returning officer so that it is received by the closing time for postal voting.

Scrutineering

(32) Each candidate may appoint in writing one scrutineer to be present at the clearance of the Post Office Box, the opening of the ballot box, the release of online votes and for subsequent counts relating to each relevant preselection or plebiscite.

(33) Where a ballot closes the ballot box must be opened by the General Returning Officer only in the presence of an Assistant Returning Officer or Party Official and scrutineers where available.

(34) [Deleted 2019]

(35) Before clearance of the Post Office Box, opening the ballot box, release of online votes and before counting the votes on any occasion, the returning officer shall give reasonable notice to each scrutineer or candidate of where and when the ballot box will be opened and the votes counted.

(36) Under no circumstances may the returning officer or an assistant or any other person open the ballot boxes, release the online votes or open the outer envelope containing the ballot papers until the time appointed for the count.

Handling of Postal Votes – Online Ballots

(37) Postal Votes may be issued in conjunction with online ballots, in accordance with Rule 57(5) and AR(12).

(38) The General Returning Officer must maintain a Register of Postal Voters.

(39) A member may be included on the Register of Postal Voters if, upon application, the GRO is satisfied that the member cannot reasonably be involved in online voting because of age or disaiblity.

(40) If an online voting process is to be used for conducting a ballot for a position under these Rules, the GEO must review the Register to determine if any members on the Register are on the Voting Roll and eligible to vote in the ballot. If there are such members, the GRO must conduct a postal ballot of those members.

(41) A postal ballot of members on the Register must be conducted in the manner provided for in these Rules for the conduct of a postal ballot.

(42) Despite AR12(41), the GRO may determine a date after which the GRO will cease to assess requests to be enrolled on the Register in relation to a particular ballot, to enable the GRO to comply with AR12(26) or any other requirement of these Rules.

(43) A member must be removed from the Register who, to the reasonable satisfaction of the GRO, no longer meets the requirements of the Register.

[Contents]

AR13 Union Delegate Lists (Rules 51 & 56)

(1) By 31 March each year, each Union shall provide an list of financial delegates that can be credentialled by the Administrative Committee in April for any and all direct election and Electoral College ballots, not held at State Conference.

(2) Each delegate may exercise multiple votes in accordance with the requirements of Rules 17(12) and 17(15).

(3) A separate list of delegates shall be required for State Conference.

(4) Each Union shall be given the opportunity to amend their delegate list prior to each ballot.

[Contents]

AR14 Timetable for Elections

The timetable for future elections to be held at State Conference and by Direct Election is as follows (indicative and may change):

Annual Elections

Australian Young Labor

Policy Coordination Council Convenor (at State Conference)

 

2021

Multicultural Labor Queensland

Labor Enabled Queensland

Queensland Indigenous Labor Network

 

2022

Branch State Conference Delegates

State Secretary and Assistant State Secretary (at State Conference)

Vice Presidents (Direct Election Rule)

Policy Coordination Council members (following State Conference)

Rainbow Labor Queensland

2023

Labor Enabled Queensland

Multicultural Labor Queensland

2024

At State Conference:

Administrative Committee

General Returning Officer & Assistant Returning Officers

Shareholders—Labor Holdings & Labor Enterprises

Rules Committee

Awards Committee

State President (Direct Election Rule)

Labor Womens Network

Rainbow Labor Queensland

Queensland Indigenous Labor Network

Policy Coordination Council members (following State Conference)

Local Government Councillors’ Representative (after Local Government elections)

To Be Determined:

National Conference Delegates and Proxies*

* depending on timing of National Conference

Senate Candidates (Direct Election Rule)

[Contents]

AR15 Schedule of Fees

Membership Fees*

Annual IncomeIf paid before 31 JanuaryIf paid after 31 JanuaryMembers of Affiliated UnionsIf paying for 3 year membership
New Member$25$25$25 
Concession#$25$25$25$67
Up to $50,000$45$50$40$122
$50,000 to $85,000$77$85$75$207
Above $85,000$90$100$90$243

#Concession cardholders including full-time student, home duties, retired, unemployed, pensioner.

Other Party Fees:

EXPRESSION OF INTEREST – CANDIDATE SUITABILITY PANEL$397.00 (for Background Check)
DELEGATION FEE – STATE CONFERENCE
(See AR5(9))
$110.00 Per Vote
(incl. GST)
DISPUTES TRIBUNAL ADMINISTRATION FEE
(See AP8(15))
$55.00 (incl. GST)
UNION CAPITATION FEE
(See AR2(4))
$5.50 Per Member
(plus GST)
PLEBISCITE NOMINATION FEENuil

* Subject to change by the Administrative Committee. Make sure you have the latest version of the Rule Book.

[Contents]

AR 16 Forms

Forms are accessible by members only on the rules section of the official forms and documents page in the members area.

Form A: Party Property and Funds

Form B: Union Affiliation Audit Certificate

Form C: deleted 2017

Form D: Meritorious Service Award

Form E: Nomination for Candidate for Preselection for Public Office (sample only)

Form F: Nomination for Candidate for Internal Plebiscite (sample only)

Form G: Authority to Deduct Parliamentary Levy (sample only)

Form H: Petition for Nomination of Candidate

Form I: Application for Establishment of Labor Association

Form J: Signature Registration

Form K: Residency Verification

[Contents]

Endnotes

How to understand the Endnotes notations:

Acknowledgement of Country

  • r 2A inserted 2018

Administrative Committee

  • r 19 (4) (n-o) inserted 2021
  • r 19 (11) amended 2021

Affiliation of Unions

  • r 10 (2) amended 2017

Affirmative Action for ATSI candidates

  • r 8 inserted 2016

Affirmative Action for LGBTIQ candidates

  • r 9 inserted 2016

Affirmative Action for Party Positions

  • r 7 [B1] (1) (b) amended 2016; (1) (ba), (bb), (bc), (bd) inserted 2016
  • AP (9) (32), (33), (34) deleted 2016
  • r 7 (1) (bc) amended 2019
  • r 7 (1) (c) amended 2019

Affirmative Action Gender Representation

  • AP2 amended 2016
  • AP2 amended 2017

Annual General Meetings of Party Units

  • r 30 [H3] (13) amended 2016
  • APplication for Membership

  • r 12 (1) amended 2019
  • r 12 (7) (b) amended 2021
  • APpointment of Proxies (State Conference)

  • r 17 (8) amended 2018

Assistant State Secretary

  • AP9 (16) amended 2018

Australian Young Labor

  • AP11 1 amended 2018
  • AP11 1 (1-2) amended 2019
  • AP11 1 (8) amended 2019
  • AP11 1 (4A) inserted 2021
  • AP11 1 (5) (d) amended 2021
  • AP11 1 (10) moved to 4A 2021

Ballots

  • r 52 (3) amended 2018
  • AR12 amended 2018
  • AR12 amended Dec 2019

Branch Member Conferences

  • r 29 (14) deleted 2018

Branch Registration

  • r 13 amended 2018
  • r 13 (8B) deleted 2019
  • r 13 (2-3) amended 2021

Branches – Formation

  • r 28 (2-6) amended 2018

Branches – Roles and Responsibilities

  • r 28 (1) amended 2018

Calling of EOI and Nominations

  • r 45 (1) amended 2018

Campaign Committees

  • r 28A inserted 2018

Campaign Committee – Composition

  • r 28A (4-7) inserted 2018

Campaign Director and Campaign Committee

  • r 29 (11-12) deleted 2018

Campaign Director – Duties

  • r 28A (8) inserted 2018

Candidate forum

  • r 49 (12) inserted 2018

Candidate Suitability Panel

  • r 47 [J5] amended 2016
  • r 47 [J5] (5), (6) inserted 2016
  • r 47 (11) inserted 2017
  • r 47 (1) amended 2018

Casual Vacancies

  • r 17 (11) amended 2018

Code of Conduct

  • AP15 inserted 2016
  • AP15 amended 2021

Code of Conduct – membership recruitment

  • AP8 (16) (g) inserted 2018
  • AP16 inserted 2018

Committee attendance

  • AP7 (2) amended 2018

Compulsory Candidate Forums

  • r 29 (15) deleted 2018

Composition of State Conference

  • r 17 [D1] (2) amended 2016
  • r 17 (2) amended 2017
  • r 17 (2) amended 2018
  • r 17 (2A) inserted 2018
  • r 17 (6) (c) amended 2019

Conduct of Ballots

  • AR12 (21) amended 2019
  • AR12 (32-36) amended 2019
  • AR12 amended Dec 2019
  • AR12 (37-43) inserted Dec 2019

Credentials Committee

  • r 30 (12) deleted 2018

Determination of Branch Delegates

  • r 17 (4) amended 2018

Direct Election Rule

  • r 56 (3) amended 2019

Disputes Tribunal

  • AP8 (16) amended 2016
  • AP8 (40A) inserted 2018
  • AP8 (43) amended 2018

Election of Local Government Representative

  • r 17 [D1] (5A) inserted 2016

Electoral College

  • AP12 (6A) inserted 2016

Electorate Organisations

  • r 29 (1-1A) amended 2018
  • r 29 (2-9) inserted 2018

Electorate Organisations – meeting procedures

  • AP7 (21) inserted 2018

Eligibility to Vote

  • r 44 [J2] heading amended 2016
  • r 44 [J2] (2) inserted 2016
  • r 44 amended 2019

Expanded Objectives of the Party

  • AP3 (u) amended 2017

Federal Electoral Council

  • r 33 deleted 2018

Forms

  • AR16 All forms revised and updated Dec 2016
  • AR16 Form C deleted 2017
  • AR16 All forms (except A & D) updated July 2021

Fundraising

  • r 28A (11) [29(10)] amended 2018

Glossary

  • AP1 amended 2018

Labor Enabled Queensland

  • AP11 5 inserted 2018
  • AP11 5 (1) (6)(e) (7) amended 2021

Labor Womens Network

  • AP11 2 amended 2018
  • AP11 2 (7) (a) (iii) amended 2021
  • AP11 2 (11) amended 2021
  • AP11 2 (12) deleted 2021
  • AP11 2 (13) amended 2021

Large Branch Review

  • AR7 (25) inserted 2019

Levies on Branches

  • r 28A (9-10) [29(8-9)] amended 2018

Member Signature – Registration

  • AR3 (15-18) inserted 2018
  • AR16 Form J amended 2018

Members’ Offices and Residences

  • AR8 (2), (3) inserted 2016

Membership Renewals

  • AR3 (2) & (6) amended 2021

Membership Review Committee

  • AP7 H (23-24) deleted 2018

Meritorious Service

  • AP1 inserted 2016
  • AR4 (2) amended 2016

Multicultural Labor Queensland

  • AP11 6 inserted 2018
  • AP11 6 (6) (e) amended 2021
  • AP11 6 (7) amended 2021

Municipal Electoral Council

  • r 31 deleted 2018

Nominations

  • AR11 amended Dec 2016
  • AR11 amended 2018
  • AR11 amended 2019; (6) inserted 2019
  • AR11 (13) (b) (iii) amended 2021

Online Facilities

  • AP7 (24) inserted 2018
  • AR7 (23) amended 2021

Other Registration

  • r 13A inserted 2018
  • r 13A (2) deleted 2021

Party Committees

  • r 21 (1) amended 2018

Party Organisations (Equity Groups)

  • r 34 amended 2018

Party Unit – Correspondence

  • AP7 (7), (10) deleted 2018
  • AP7 (8-9) amended 2018

Party Units – Annual General Meetings

  • r 30 (13-16) amended 2018

Party Units – Officers and Executives

  • r 30 (1) amended 2018

Party Units – Ordinary Meetings

  • r 30 (17), (20) amended 2018

Party Units – President and Vice-Presidents

  • r 30 (1A) inserted 2018

Party Units – Quorum and Proxies

  • r 30 (22), (23), (25) amended 2018
  • r 30 (23) amended 2021

Party Units – Special Meetings

  • r 30 (21) amended 2018

Party Units – Vacancies and Absences

  • r 30 (7) relocated to 30 (1A) 2018

Policy Coordination Council

  • AP7 (9) amended 2016
  • AP7 (9) amended 2018
  • AP7 (9) (aa) inserted 2018
  • AP7 (10) (j) deleted 2018
  • AP7 (14) amended 2018
  • AP7 F (17-20) deleted 2018
  • AP7 (9) amended 2021

Policy Drafting Committees

  • AP7 E (17) inserted 2021

Powers and Functions of the Administrative Committee with Respect to Public Office Elections

  • r 19 (2) amended 2017

Promoting Diversity

  • r 7A inserted 2017
  • r 7A (1) (c) amended 2019

Property of Party Units

  • r 26 [G2] (2) amended 2016

Proxies (Administrative Committee)

  • r 19 (6) amended 2018

Proxies – General Provisions

  • r 20 (1), (3) amended 2018
  • r 20 (2) amended 2021

Qualifications of Candidates

  • r 46 amended 2018
  • r 46 (2) amended 2019

Queensland Indigenous Labor Network

  • AP11 (37-45) amended 2016
  • AP11 3 amended 2018
  • AP11 3 (4) (d) amended 2021

Quorum and Proxies – Meetings of Party Units

  • r 30 (23) amended 2021

Rainbow Labor Queensland

  • AP11 4 amended 2018
  • AP11 4 (6) (a) & (c) amended 2021
  • AP11 4 (8) amended 2021
  • AP11 4 (12) inserted 2021

Regional Conferences

  • r 23 (2) amended 2017
  • r 23 deleted 2018

Regional Member Assemblies

  • r 35A inserted 2018
  • AR 7 (22) amended Nov 2019
  • AR 7 (22A) inserted August 2021

Regional Member Assemblies – meeting procedures

  • AP7 (22) inserted 2018

Registration of a New Member who has been Admitted to Unregistered Membership

  • r 13 (3) (a) amended 2017

Returning Officers

  • r 29 (13) deleted 2018

Rules Common to All Equity Groups

  • AP11 7 (1-4) [55-58] amended 2018
  • AP11 7 (5-7) inserted 2018
  • AP11 7 (3) deleted 2021

Schedule of Fees

  • AR15 amended Dec 2016

Secretary (Party Unit)

  • r 30 (2) amended 2017

Selection of Mayoral Candidate for the City of Brisbane

  • r 42 [I7] (1), (3) amended 2016

Standing Orders: State Conference

  • AP14 (8-9) amended 2021
  • AP14 (10) amended 2021
  • AP14(11) deleted 2021
  • AP14 (11-13) added 2021

State Conference

  • AR5 (10) amended 2017
  • AR5 (1) amended 2018

State Electoral Council

  • r 32 deleted 2018

State Secretary

  • AP9 (10) amended 2018

State Treasurer

  • AP9 (20) amended 2017

Subscription and Renewal

  • r 14(5A) & (7A) inserted 2021

Transfers from Interstate

  • AR3 (11) amended 2021

Verification and Voting Rolls

  • AR10 heading amended 2016
  • AR10 amended 2016
  • AR10 (5) inserted 2016
  • AR10 (5) amended Dec 2016
  • AR10 (5) (c) inserted 2018
  • AR10 (6) amended 2018
  • AR10 (1-4) amended 2019; (2) deleted 2019
  • AR10 (5) & (8) amended 2021

Video Link Provisions

  • AP7 (20) inserted 2018

Welcome to Country

  • r 2A inserted 2018
  • AP14 (1) amended 2018

END