national constitution of the alp - anuarchives.cap.anu.edu.au/cdi_anu_edu_au/xx/z1/ppd2011/11....

AUSTRALIAN LABOR PARTY

As amended at the 43rd ALP National Conference 2004

National Constitution of the ALP

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Australian Labor Party National Platform and Constitution 2004

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National Constitution ContentsA. Objectives And Principles 1

1. Origins 1

2&3. Objectives 1

4. Principles of Action 2

5–7. Membership and Organisation 2

B. Rules 3

1. Name 3

2. Objectives 3

3. Head Office 3

4. Composition 3

5. Structure of Party Organisation 3

6. National Conference 4

7. National Executive 5

8. National Executive Committee 6

9. National President and National Vice-Presidents 7

10. Affirmative Action 7

11. National Labor Women’s Network 8

12. Finance 9

13. National Policy Committee 10

14. Federal Parliamentary Labor Party 10

15. Membership Recruitment 10

16. National Life Membership 12

17. Australian Labor Advisory Council 12

18. National Appeals Tribunal 12

19. National Constitution Not Enforceable in Law 13

C. National Principles of Organisation 14

1. Determination of Policy and Binding Effect 14

2. Decisions of Caucus Binding 14

3. PLP to Elect Leaders and Ministry 14

4. Election of Delegates to National Conference 14

5. Composition of State Conferences 14

6. Membership 14

7. Affiliation of Unions 14

8. Union Representation in State and Territory Branches 15

9. Union Delegations 15

10. State and Territory Labor Advisory Councils 15

11. Dialogue with Local Union Activists 15

12. Members’ Rights 15

13. Organisation and Training 15

14. State and Territory Policy Committees 16

15. Preselections 17

16. Australian Young Labor 17

17. Indigenous Labor Network 17

18. Implementation of National Principles of Organisation 17

19&20. State and Territory Branch Rule Changes 17

D. Resolutions to Implement NationalPrinciples of Organisation 18

1. General Membership System 18

2. Party Communications 18

3. Responsibilities of National Executive 18

4. Review of Campaign Techniques 18

5. National Organisation—Ongoing Review 18

6. Preselections 19

7. Internal Party Relationships 19

8. Basic Principles 19

9. Preselections 19

10. National Public Office Training Program 19

E. Register of Conference Decisions 20

1. Members Initiating Legal Proceedings 20

2. Union Elections 20

3. Grievance Procedures 20

4. Affirmative Action 20

5. Abortion 20

6. Conduct of Ballots 21

7. ALP Code of Conduct for Fundraising 21

8. National Conference Decisions 22

F. National Conference Standing Orders 23

1. Chair of Conference 23

2. Credentials 23

3. Session Times 23

4. Order of Business 23

5. Motions and Amendments to Be Moved and Seconded 23

6. Members to Address Chair 23

7. Conduct of Debate 23

8. Amendments 24

9. Members to Speak Once Only 24

10. Procedural Motions 24

11. Effect of the Closure 24

12. Time Limit for Debate 24

13. Reconsideration of Decisions 24

14. Speakers For and Against to Alternate 24

15. Interpretation of Policy 24

16. Consideration of Business Not on Agenda 24

17. Dissent in Chair 24

National Platform and Constitution 2004 Australian Labor Party

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Part A

OBJECTIVES ANDPRINCIPLES

Origins1. The Australian Labor Party had its origins in:

—the aspirations of the Australian people for adecent, secure, dignified and constructiveway of life;

—the recognition by the trade union movementof the necessity for a political voice to takeforward the struggle of the working classagainst the excesses, injustices andinequalities of capitalism; and

—the commitment by the Australian people tothe creation of an independent, free andenlightened Australia.

Objectives2. The Australian Labor Party is a democratic

socialist party and has the objective of thedemocratic socialisation of industry, production,distribution and exchange, to the extentnecessary to eliminate exploitation and otheranti-social features in these fields.

3. To achieve the political and social values ofequality, democracy, liberty and socialcooperation inherent in this objective, theAustralian Labor Party stands for:

(a) redistribution of political and economicpower so that all members of society havethe opportunity to participate in theshaping and control of the institutions andrelationships which determine their lives;

(b) establishment and development of publicenterprises, based upon federal, State andother forms of social ownership, inappropriate sectors of the economy;

(c) democratic control and strategic socialownership of Australian natural resourcesfor the benefit of all Australians;

(d) maintenance of and support for acompetitive non-monopolistic privatesector, including small business andfarming, controlled and owned byAustralians, operating within clear socialguidelines and objectives;

(e) the right to own private property;

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

(g) the application of democracy in industry toincrease the opportunities for people towork in satisfying, healthy and humaneconditions; and to participate in and toincrease their control over the decisionmaking processes affecting them;

(h) the promotion of socially appropriatetechnology and the monitoring of itsintroduction to ensure that the needs andinterests of labour, as well as therequirements of competitive industry andconsumer demand, are taken intoconsideration;

(i) the restoration and maintenance of fullemployment;

(j) the abolition of poverty, and theachievement of greater equality in thedistribution of income, wealth andopportunity;

(k) social justice and equality for individuals,the family and all social units, and theelimination 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 andother political institutions to ensure thatthey reflect the will of the majority ofAustralian citizens and the existence ofAustralia as an independent republic;

(n) recognition and protection of fundamentalpolitical and civil rights, including freedomof expression, the press, assembly,association, conscience and religion; theright to privacy; the protection of theindividual from oppression by the state;and democratic reform of the Australianlegal system;

(o) the development of a democraticcommunications system, as an integralpart of a free society, to which all citizenshave opportunities for free access;

(p) elimination of discrimination andexploitation on the grounds of class, race, sex, sexuality, religion, politicalaffiliation, national origin, citizenship, age,disability, regional location, economic orhousehold status;


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(q) recognition of the prior ownership ofAustralian land by Aborigines andIslanders; recognition of their special andessential relationship with the land as thebasis of their culture; and a commitment tothe return of established traditional landsto the ownership of Aboriginal and Islandercommunities;

(r) recognition and encouragement ofdiversity of cultural expression and lifestylewithin the Australian community;

(s) the use, conservation and enhancement ofAustralia’s natural resources andenvironment so that the community’s totalquality of life, both now and into the future,is maintained and improved;

(t) recognition of the need to work towardsachieving ecologically sustainabledevelopment;

(u) maintenance of world peace; anindependent Australian position in worldaffairs; the recognition of the right of allnations to self determination andindependence; regional and internationalagreement for arms control anddisarmament; the provision of economicand social aid to developing nations; acommitment to resolve internationalconflicts through the UN; and a recognitionof the inalienable right of all people toliberty, equality, democracy and socialjustice;

(v) commitment to and participation in theinternational democratic socialistmovement as represented by the SocialistInternational; and

(w) recognition of the right of citizens to workfor progressive changes consistent withthe broad principles of democraticsocialism.

Principles of Action4. The Australian Labor Party believes that the

task of building democratic socialism is acooperative process that requires:

—constitutional action through the federal andState Parliaments, municipal and otherstatutory authorities;

—union action; and

—ongoing action by organised communitygroups.

Membership and Organisation

5. Membership of the Australian Labor Party isopen to all residents of Australia who areprepared to accept its objectives and who haveassociations with no other political party.

6. Australian Labor Party policy is made byNational Conferences comprising the federaland State parliamentary leadership of theParty, together with elected delegates from allStates, the Australian Capital Territory, theNorthern Territory and Australian Young Labor.

7. Party policy within the States and Territories isframed by conferences of delegates elected byconstituent branches and affiliated unions.Policy within the Australian Labor Party is notmade by directives from the leadership, but byresolutions originating from branches, affiliatedunions and individual Party members.


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Part B

RULES

Name1. The name of the Party shall be “The Australian

Labor Party”.

Objectives2. The objectives of the Party are set out in the

Basic Principles as determined by the NationalConference. To achieve these objectives theALP will act in accordance with the Principlesof Action and Progressive Reforms set out inthe Party Platform from time to time.

Head Office3. The Head Office of the Party shall be known as

the National Secretariat and shall beestablished in Centenary House, Barton, ACTor any other place determined by the NationalExecutive from time to time.

Composition4. The Party shall consist of branches in each

State, the Northern Territory and the AustralianCapital Territory (hereinafter referred to asState Branches).

Structure of Party Organisation5. (a) The Party shall function upon the

following basis:

(i) National Conference,

(ii) National Executive,

(iii) Federal Parliamentary Labor Party(FPLP), and

(iv) Australian Young Labor.

(b) The National Conference shall be thesupreme governing authority of the Partyand its decisions shall be binding uponevery member and every section of the Party.

(c) The National Executive shall be the chiefadministrative authority of the Party,subject only to the National Conference.

(d) The Federal Parliamentary Labor Partyshall have authority in properly constitutedCaucus meetings to make decisionsdirected towards establishing the collective

attitude of the Parliamentary Party to anyquestion or matter in the FederalParliament, subject to:

(i) at all times taking such action whichmay be possible to implement theParty’s Platform and Conferencedecisions;

(ii) on questions or matters which are notsubject to National Platform orConference or Executive decisions,the majority decision of Caucus beingbinding upon all members in theparliament; and

(iii) no attitude being expressed which iscontrary to the provisions of the PartyPlatform or any other decision ofNational Conference or NationalExecutive.

(e) Australian Young Labor shall function inaccordance with the rules that may beapproved from time to time by the National Executive and subject to itscontrol and jurisdiction.

(f) The National Labor Women’s Networkshall function in accordance with the rulesthat may be approved from time to time bythe National Executive and subject to itscontrol and jurisdiction.

(g) That a National Indigenous Labor Networkbe formed from the State Networks withappropriate support from the NationalOffice. The Network’s goals will be to:

(i) attract and support Indigenous ALPmembers;

(ii) increase the involvement ofIndigenous people at all levels of theALP;

(iii) provide a focus for the identification,training and support of Indigenouscandidates;

(iv) increase awareness of Indigenousissues throughout the ALP;

(v) increase commitment of Partymembers to greater representation ofIndigenous people throughout theParty; and

(vi) encourage the employment ofIndigenous people in staff and Partypositions.


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National Conference6. (a) National Conference shall consist of 400

delegates, comprising:

(i) three delegates being the NationalPresident and National Vice-Presidents elected under rule 9(a);

(ii) four delegates being the Leader andDeputy Leader of the FederalParliamentary Labor Party and theLeader and Deputy Leader of theParty in the Senate;

(iii) six delegates elected from and by theFederal Parliamentary Labor Party;

(iv) delegations from each Stateconsisting of:

a. the State Parliamentary Leader,

b. a base component of 12 persons,and

c. a supplementary component of anumber of persons equal to twicethe number of House ofRepresentatives electorates in that State as at the previous 31 December;

(v) delegations from each Territoryconsisting of:

a. the Territory Parliamentary Leader,

b. a base component of 2 persons,and

c. a supplementary component of anumber of persons equal to twicethe number of House ofRepresentatives electorates in that Territory as at the previous 31 December; and

(vi) three delegates from Australian Young Labor.

(b) State Secretaries and members of theFederal Parliamentary Labor Party whoare not delegates to National Conferenceshall be able to attend NationalConference with the rights of delegatesexcept that of voting.

(c) All members of the State or TerritoryBranch shall be eligible to be elected asdelegates from that State or Territory.

Proxy Delegates

(d) (i) Each State shall be entitled to aminimum of two proxies up to a

maximum equal to half the State’sdelegation.

(ii) The credentials for State Branchproxies shall be circulated in advanceand accepted at the commencementof the Conference and no otherproxies may be admitted.

(iii) It is the responsibility of each Statedelegation to ensure that the Chair isadvised of all changes of delegationduring the Conference. No proxy shallparticipate in the debate of a report inwhich the delegate he/she is replacinghas participated.

(iv) State and federal Leaders may eachnominate one proxy subject toparagraph (ii) above. Such proxiesmust be a member of the relevantparliamentary party.

(e) All delegates must be elected by a systemof proportional representation in a singleballot with affirmative action in accordancewith rule 10.

(f) Delegates shall be elected within 12months prior to the date of NationalConference.

(g) State Branches cannot bind delegates withregard to their vote on any issue beforethe National Conference.

(h) National Conference shall be held everythree years in a location determined by theNational Executive which shall have theresponsibility for determining the time ofthe National Conference.

(i) Special National Conferences may be held for specially stated purposes andshall be called in the manner prescribed bythese Rules.

(j) (i) The National President and NationalVice-Presidents need not bedelegates to National Conference, buthave the full rights of a delegateexcept that of voting.

(ii) The National Secretary shall not be adelegate to National Conference, butshall have the full rights of a delegateexcept that of voting.

(k) The National Secretary, after receivinginstructions from the convening authority,shall observe the following procedure


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for the purpose of establishing theConference agenda:

(i) give the following bodies three monthsnotice to send items to the NationalPolicy Committee: State Branches,Australian Young Labor, and FederalElectorate Councils, and trade unionswhose State branches are affiliatedwith the Party in a majority of Statesin which they operate, all of whichshall have the right to submit items tothe National Policy Committee. Bodiesso submitting items to the NationalPolicy Committee shall be notified inwriting of the Committee’s views onsuch items; and

(ii) send to State Branches and otherbodies represented at NationalConference, agenda and any otherdocuments related thereto at least onemonth before Conference meets.

National Executive7. (a) The National Executive of the Party, which

shall be the chief administrative authoritysubject only to National Conference, shallbe constituted in the following manner:

(i) the National President and NationalVice-Presidents, who are directlyelected by Party members inaccordance with rule 9(a), have thefull rights of a delegate except that ofvoting, unless elected as a delegate intheir own right;

(ii) 20 executive members elected by theNational Conference;

(iii) the National Secretary, who shall beelected by the National Conference,shall not be a delegate but shall havethe full rights of a delegate except thatof voting;

(iv) the Leader of the FederalParliamentary Labor Party or proxynominated by the Leader. Such proxymust be a member of the FederalParliamentary Party;

(v) State Secretaries who are notdelegates to the National Executiveshall be able to attend NationalExecutive meetings with the rights ofdelegates except that of voting; and

(vi) delegates shall be entitled to nominate their proxy for any meetingor part of a meeting for which they are unable to attend.

(b) (i) The terms of all those elected by theNational Conference shall commenceat the conclusion of the NationalConference at which they are elected.They shall be subject to re-election ateach Conference except the NationalSecretary who shall be subject to re-election at every second Conference.

(ii) Casual vacancies will be filled by theNational Executive in accordance withthe principles of proportionalrepresentation.

(iii) Casual vacancies for the positions ofNational President, National Vice-Presidents and National Secretaryshall be filled by a ballot of theNational Executive and the NationalExecutive Committee shall instituteprocedures to hold a ballot.

Powers and Duties of the National Executive

(c) Decisions of the National Executive shallbe binding upon all sections and membersof the ALP subject only to appeal toNational Conference. Pending the hearingof any appeal, the decision of the NationalExecutive shall operate. The NationalExecutive shall:

(i) be the administrative authoritycarrying out the decisions of NationalConference, and in the interpretationof any Conference decision, theNational Platform and the Constitutionand Rules of the Party, and thedirection of federal members;

(ii) convene National Conferences inaccordance with these Rules;

(iii) convene Special NationalConferences when requested by amajority of State Branches for specialpurpose(s), providing that suchpurpose(s) is/are national in character.The National Executive may also, onits own motion, convene suchConferences;

(iv) elect a National Executive Committeeand such other committees, including


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the National Policy Committee, as itmay determine from time to time;

(v) meet at least three times a year, andat such other times as the Executivemay determine, for the purpose ofconsidering and determining allmatters that are properly before it.Subject to these Rules only StateBranches, Australian Young Labor, theFederal Parliamentary Labor Partyand trade unions whose Statebranches are affiliated with the Partyin a majority of States in which theyoperate shall be competent to sendmatters to the National Executive;

(vi) initiate discussions of any question ofa national nature if a majority of theExecutive so decides;

(vii) determine the time and place of allmeetings. However, special meetingsof the National Executive may beconvened with the agreement of amajority of delegates or by unanimousdecision of the National Officers;

(viii) be competent to hear and decideappeals from any affiliatedorganisation or individual memberagainst the decision of any StateConference or State Executive allegedto be inconsistent with any nationaldecision or matter;

(ix) where any member or affiliatedorganisation desires to appeal to theNational Executive on a questionwhich does not involve any nationaldecision or matter, leave to appealmust first be obtained from the StateBranch concerned;

(x) hear and decide an appeal from anyperson seeking to be a candidate forfederal elections against a decision ofany State Conference or StateExecutive affecting his/herpreselection or endorsement,providing that leave to appeal isgranted by the National Executive.Such leave to appeal is not to begranted except by a decision in which11 members vote affirmatively;

(xi) have plenary powers to deal with anddecide any matters which, in the

opinion of an absolute majority ofmembers of the Executive, affect thegeneral welfare of the LaborMovement, provided that no decisionof National Conference shall beabrogated under this rule;

(xii) in the case of any State Executive,State Branch or section of the ALPacting or having acted in a mannerdeemed by the National Executive tobe contrary to the NationalConstitution, Platform and Policy ofthe Party as interpreted by theNational Executive, the NationalExecutive may overrule such StateExecutive, State Branch or sectionand/or may declare that same nolonger exists, and shall set up in placethereof an organisation competent tocarry out the National Constitution,Platform and Policy of the ALP.Pending the hearing of any appeal,the decision of the National Executiveshall operate. In the event of theNational Executive taking any actionunder this paragraph, the NationalExecutive shall be the body toapprove any selection whichotherwise would have been made bythe body affected by the NationalExecutive decision; and

(xiii) the National Executive, in part,combined with the parliamentaryleadership and Caucusrepresentatives would be combined to form a revamped PoliticalCoordination Committee. Such acommittee is to meet regularly todiscuss key strategic issues facing the Parliamentary Party.

National Executive Committee

8. (a) The National Executive Committee (NEC)shall consist of the National Secretary andsuch other members of the NationalExecutive as may be elected by theNational Executive.

(b) The National Executive Committee shallbe responsible for the administration of the Party between meetings of theNational Executive.


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(c) They shall meet at least once betweeneach two meetings of the NationalExecutive for the purpose of preparing theagenda and making recommendations toexpedite the business of the NationalExecutive.

(d) Other than in urgent situations whichpreclude either a special meeting of theNational Executive or a postal vote ofExecutive members, the NEC shall nothave the power to make decisions onbehalf of the National Executive.

(e) Any actions taken by the NEC betweenExecutive meetings shall be reported tothe next meeting of the Executive forendorsement.

(f) The non-parliamentary members of theNEC shall also be members of thecompanies John Curtin House Limited andALP Legacies and Gifts.

National President and National Vice-Presidents9. (a) The National President and 2 National

Vice-Presidents must be directly electedfrom and by Party members in the 12 months before each triennial NationalConference in a single ballot byproportional representation with affirmativeaction in accordance with rule 10.

(b) (i) The candidate first elected holds officein turn as National President, NationalJunior Vice-President and NationalSenior Vice-President.

(ii) The candidate second elected holdsoffice in turn as National Senior Vice-President, National President andNational Junior Vice-President.

(iii) The candidate third elected holdsoffice in turn as National Junior Vice-President, National Senior Vice-President and National President.

(iv) The term of office in each position is12 months, beginning at thecommencement of NationalConference or on the anniversary ofthat date, except that the term ofoffice in the third position ends at thecommencement of the next triennialNational Conference.

(c) The National President, when available, willchair National Conference and meetings ofthe National Executive, and conduct suchmeetings in accordance with the NationalConference Standing Orders. The NationalPresident will carry out any other dutiesreferred by the National Executive.

(d) The National Vice-Presidents in order ofseniority will take the Chair in the absenceof the National President, and carry outany other duties referred by the NationalExecutive.

Affirmative Action10. The ALP is committed to men and women in

the Party working in equal partnership. It is ourobjective to have equal numbers of men andwomen at all levels in the Party organisation,and in public office positions the Party holds.To achieve this the Party adopts acomprehensive affirmative action model of40:40:20, as set out below, whereby aminimum of 40% of relevant positions shall beheld by either gender.

Party Positions

(a) All elections, other than public officepreselections conducted by national andState level Party units for three or morepositions, shall comply with the affirmativeaction model. Not less than 40% of suchpositions shall be held by women, and notless than 40% by men, provided thatsufficient candidates of the relevant gendernominate (“the basic entitlement”). If thecalculation to determine the basicentitlement results in a fraction of one halfor more then the basic entitlement shall bethe next higher whole number, and whereit results in a fraction of less than one halfit shall be the next lower number.

Union Delegations

(b) Union delegations to Party conferencesand forums shall comply with theaffirmative action model. Not less than40% of a union’s delegation shall bewomen, and not less than 40% shall bemen (“the minimum representation”).Provided that if the level of male or femalemembership of a union is less than 40%,the minimum representation shall be set atthat level.


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Public Office Preselection

(c) Preselections for public office positions at a State and federal level shall complywith the affirmative action model in thisrule 10(c).

PRINCIPLES

(i) The intention of this rule is to producean outcome where not less than 40%of seats held by Labor will be filled bywomen, and not less than 40% bymen (“the minimum target”).

(ii) This minimum target shall apply toany preselection round taking placeafter 1 January 2012.

(iii) The remaining 20% of the seats heldby Labor may be filled by candidatesof either gender.

IMPLEMENTATION

(iv) State and Territory Branches shall berequired to amend their rules so as toachieve the minimum target byapplying these principles to therelevant seats.

(v) For the purposes of paragraph (iv),the relevant seats shall include:

a. in relation to lower houses, thoseseats needed to form government,or those seats held by Labor,whichever is the greater; and

b. in relation to upper houses, atleast 50% of seats in the upperhouse, or those seats held byLabor, whichever is the greater.

(d) The National Executive shall have theresponsibility and the power to enforcerules 10(a)–(c) generally and specifically todetermine the outcome in any public officepreselection progressively between nowand the year 2012 in order to ensure thatthis rule is complied with.

(e) Each State and Territory Branch must nolater than 1 November each year provide a report to its Administrative Committee or State Executive and to the NationalExecutive on the implementation of rules 10(a)–(c).

(f) Each State and Territory Branch mustensure that its rules are consistent with this rule, and are submitted to theNational Executive for approval by 1 November 2003.

Transitional Provisions —Former Rule 12 to Continue to Apply

(g) Any preselection round held after this ruleis adopted by National Conference, butprior to 1 January 2012, shall comply withthe provisions of rule 12 as it wasimmediately prior to the adoption of thisrule (“the former rule”), except that thereference in the former rule 12(d) to theyear 2002 shall be read as a reference tothe year 2011 so that it is clear that theNational Executive continues to have thepower to enforce the requirement of a 35 per cent target in relation to allpreselection rounds held between theadoption of this rule and 2011.

National Labor Women’s Network

Membership

11. (a) (i) There will be a National LaborWomen’s Network.

(ii) Every woman member of the Party isautomatically a member of theNational Labor Women’s Network.

(iii) There will be no membership fee atthe national level.

Role of the NLWN

(b) The role of the National Labor Women’sNetwork is:

(i) to encourage women to join andparticipate in the Australian LaborParty;

(ii) to increase the numbers of women inthe Party;

(iii) to maintain and expand e-communication between Laborwomen;

(iv) to devise and promote trainingprograms to improve the skills,confidence and participation of Laborwomen throughout the ALP;

(v) to sponsor and expand the NLWNpolitical work experience program;

(vi) to develop and promote women withinbranches and other structures of theALP as well as to elected office;

(vii) to organise, in conjunction with thehost State or Territory, the NationalLabor Women’s Conferences;


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(viii) to administer travel subsidy to theNational Labor Women’s Conferences;

(ix) to promote contact between the ALPand women’s organisations in thecommunity;

(x) to assist in the development of policyand ensure women participate inpolicy making; and

(xi) to nominate representatives towomen’s forums, includinginternational women’s forums.

National Executive

(c) (i) The NLWN Executive will consist of 15 women members of the ALP,representing all States and Territories.

(ii) The members of the NLWN Executivewill elect a Convenor, Secretary andCommunications Officer.

(iii) The NLWN Executive will be electedby the National Conference.

(iv) Women members of the ALP NationalExecutive and the Federal Minister orShadow Minister for the Status ofWomen shall be ex-officio members of the NLWN Executive.

(v) Nominees for the NLWN Executive do not have to be delegates to theNational Conference at which they are elected.

(vi) Members of the NLWN Executive shallbe able to nominate their proxy forNLWN Executive meetings.

(vii) The NLWN Executive will provide anannual report of its activities to theNational Executive, State and TerritoryBranches and State and Territorywomen’s organisations.

(viii) The NLWN Executive will meetmonthly by telephone and twice ayear, face to face, with travel fundedthrough the National Secretariat.

(ix) Accounts and financing will be runthrough the National Secretariat,within an annual budget, allocated bythe National Executive.

State Women ’s Groups and Interaction

(d) (i) The NLWN will co-ordinate contactwith State and Territory branches ofthe Labor Women’s Network , otherLabor women’s organisations andwomen’s contact officers.

(ii) The NLWN will regularly meet with

State and Territory representatives of

the LWN by telephone conference.

(iii) The structure of State and Territory

Labor Women’s Networks will be

determined by each State and

Territory although uniformity is

desirable.

(iv) The NLWN will continue to develop

materials, share programs and

information to assist and support

State LWNs.

Finance12. (a) To meet the general expenses of the Party,

each State Branch shall pay each year, to

the National Executive through the National

Secretary, a sum representing a rate per

thousand adult members, and a rate per

thousand pensioner and student/junior

members. The total due shall be paid in

four quarterly instalments on 1 January,

1 April, 1 July and 1 October. The National

Executive shall have the power to fix

sustentation fees.

(b) In the event of a State Branch being six

months in arrears in its contributions to the

Party, the National Executive may decide

that such Branch shall not be entitled to be

represented at any meeting of the National

Executive or National Conference, or be

consulted on any question that may be

subject to a ballot of State Branches, until

such arrears are paid.

(c) Upon request, State and Territory

Branches shall report financial information

to the National Secretary in a standard

format determined by the National

Executive.

(d) The National Executive shall determine an

annual budget for travel costs and

administer an equalisation pool for such

costs associated with National

Conferences and the National Executive.

(e) The National Executive shall meet the

expenses of the National President

attending National Conference and the

expenses of any officers associated with


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any duty being carried out on behalf of the

National Executive.

(f) Each Branch shall pay to the NationalExecutive not later than 31 December ofeach year the appropriate fee, to bedetermined by the National Executive, forinternational affiliations or activitiesassociated therewith.

(g) The National Executive shall authorise theNational Secretary to negotiate bankingfacilities on behalf of the NationalExecutive of the Party and determine themanner in which the Party’s accounts shallbe operated including the signatories tothe Party’s bank accounts.

(h) Fundraising by the Labor Party at State,Territory and national levels and by theLabor Party candidates for public officeshall be governed by the ALP Code ofConduct for Fundraising as approved bythe National Executive.

(i) All accounts conducted for candidateswhether at Commonwealth, State ormunicipal elections shall include theAustralian Labor Party in their title.Furthermore, they shall be controlled bythat level of Party organisation with theidentical relevant signatories, be audited atthe July meeting of such Partyorganisations and such annual accountsshall be forwarded to the Party StateBranch for inclusion in the Party’s annualaccount reporting process to the AustralianElectoral Commission.

National Policy Committee13. (a) At its first meeting after each triennial

National Conference, the NationalExecutive must appoint a National PolicyCommittee consisting of a Chair, DeputyChair and seven other members, all ofwhom have considerable experience inpolicy development.

(b) The Committee will be responsible for:

(i) coordinating development of the PartyPlatform;

(ii) conducting ongoing reviews of thePlatform;

(iii) preparing the draft Platform for

consideration by National Conference;

(iv) actively participating in the formulation

of policy at National Conference;

(v) taking into account all policy

resolutions passed by State and

Territory Conferences;

(vi) considering all policy resolutions sent

to it by State and Territory Policy

Committees and other constituent

units; and

(vii) in conjunction with State and Territory

Policy Committees, conducting regular

policy forums in which rank and file

participation is encouraged.

(c) The Committee has power to co-opt non-

voting members with particular expertise to

the Committee when examining specific

policy areas.

(d) The Committee will work closely with the

convenors of the State and Territory Policy

Committees, and will be resourced by the

National Secretariat.

Federal Parliamentary Labor Party14. (a) No State Branch may direct or discipline

members of the FPLP in regard to matters

affecting the National Platform or policy or

upon legislation before the parliament or

any matters the subject of consideration

by the FPLP.

(b) The power of direction, advice and/or

guidance is reserved for the National

Conference and between Conferences,

the National Executive.

Membership Recruitment15. (a) It is an abuse of Party rules for an

individual or group/s to fund Party

membership for other individuals or groups

of individuals who would otherwise be

unwilling to pay their own subscriptions.

(b) It is an abuse of Party rules for an

individual or group/s to encourage

reduced-rate membership to people that

may not be eligible for that category of

membership.


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(c) It is an abuse of Party rules for an

individual or group/s to recruit members

who do not live at the claimed addresses

in an attempt to gain advantage at local

Party meetings or the outcome of Party

ballots.

(d) It is a requirement of Party rules formembers, where eligible, to join or transferto the branch or sub-branch which hasgeographical coverage, in accordance withState or Territory Branch rules, of theaddress at which the member is enrolledto vote. Members must, at the time ofjoining or transferring to the branch or sub-branch, either be correctly enrolledwith the Australian Electoral Commissionto vote in a federal election at their statedaddress or not be so entitled because theyare under 18 years of age or not anAustralian citizen.

(e) It is a requirement of the Party rules formembers to personally apply formembership and renew membership bysigning their own membership applicationor renewal form and either:

(i) organising to post the form back toState Branch office with anappropriate fee;

(ii) by personally attending the StateBranch office or arranging a person toattend on their behalf and paying theirmembership fees (identification shallbe necessary); or

(iii) subject to the rules of a State Branch,by personally attending their localbranch meeting and paying their feesto the Secretary during the meeting. Inthis regard, the money shall bereceipted to the member and themember’s attendance recorded in anyattendance book. The Secretary shallforward such moneys to the StateBranch office along with the signedmembership renewal forms.

(f) A Party member may also renew theirmembership by phone or the internet usingtheir personal credit card or by signing astanding authority for the renewal ofmembership via their personal credit cardor bank account.

(g) Notwithstanding the above, a Partymember’s membership may also berenewed by a family member resident inthe same household.

(h) All records associated with the payment of membership fees shall be available toany full-time officer of the State Branchupon request.

(i) In order to prevent the “bulk renewal” ofother members, the National Executivemust prescribe membership applicationand renewal forms for use by all State andTerritory Branches that:

(i) require the signature of the applicantor member authorising the applicationor renewal; and

(ii) contain a declaration by any applicantor member paying a reduced-ratesubscription that they are entitled tothat reduced rate. The declarationmust also indicate the basis on whichthe member is claiming thisentitlement. State or TerritoryBranches may also set standardrequirements of evidence to be met bymembers claiming this entitlement.

(j) All State and Territory Branches mustimplement an appropriate cap orlimitation/review procedure relating to thenumber of members that may validly applyto join the ALP at a local branch or sub-branch meeting. Members who seek totransfer into a branch or sub-branch shallbe included/counted for the purposes ofdetermining the number of members towhich the cap or limitation applies.

(k) Involvement in such abuses will beconsidered as behaviour likely to bring theParty into disrepute and will result indisciplinary action which may includeexpulsion under the rules of the Party.

(l) All State and Territory Branch rules must,where necessary, establish a tribunal toeffectively resolve disputes concerningmembership. All State dispute tribunals willoperate according to due process andaccording to the national membershipprinciples and rules.

(m) All State and Territory Branch rules mustcontain a procedure that permits adecision to admit a person as a Party


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member to be reviewed, where there is anallegation that the person was ineligible tobecome a Party member.

(n) All State and Territory Branch rules mustpermit 50 members or 25% of themembers in a federal electorate,whichever is the lesser, to petition theAdministrative Committee or StateExecutive to investigate any allegations ofbreaches of this rule in that electorate.

(o) In order to ensure that these rules aregiven effect, the State and TerritoryBranches of ALP be required to amend,where necessary, their rules to reflectthese National Rules. Such amended ruleswill be presented to the National Executiveno later than 1 November 2003.

(p) The National Executive must continue:

(i) to monitor and enforce compliancewith this rule; and

(ii) to review the operation of this rule toensure the integrity of the Party’smembership processes.

(q) All States and Territory Branches mustprovide to the National Executive acomplete current Branch membership listby no later than 31 July of each year.

National Life Membership16. (a) The National Executive can award

national life membership of the AustralianLabor Party.

(b) Nominees for national life membershipmust be longstanding members of theParty and have provided distinguishedservice to the Party at a national level.

(c) Only the National Executive, StateBranches, federal electorate bodies andnationally affiliated unions can makenominations for national life membership.Nominations should describe thebackground and history of service of thenominee particularly their contribution at anational level.

(d) Nominations for national life membershipmust be forwarded to the NationalSecretary at least one month prior to ameeting of the National Executive.

(e) National life membership shall only beawarded with the unanimous support ofthe National Executive.

Australian Labor Advisory Council17. (a) There will be an Australian Labor Advisory

Council (ALAC), consisting of the Leaderand senior members of the FederalParliamentary Labor Party, the NationalPresident and National Secretary or theirnominees, and representatives of theAustralian Council of Trade Unions.

(b) The role of ALAC will be to provide aformal consultative mechanism betweenthe Party and the union movement.

(c) The National Policy Committee mustconsult with ALAC in relation to Partypolicy relevant to ALAC’s role, andresolutions of ALAC relevant to Partypolicy must be considered by the NationalPolicy Committee.

(d) ALAC must meet at least twice each year,the meetings to be resourced by theNational Secretariat. National AppealsTribunal

National Appeals Tribunal18. (a) The National Executive must:

(i) at its first meeting after each triennialNational Conference; and

(ii) whenever there is a vacancy in aposition;

by a three-quarters majority of all votingmembers appoint three persons to form thepanel for the National Appeals Tribunal.

(b) A member of the panel may only beremoved by a three-quarters majority of allvoting members of the National Executive.

(c) In respect of each appeal, the Tribunal isconstituted by a member of the paneldetermined by lot under the supervision ofthe National Secretary.

(d) The Tribunal is responsible on behalf ofthe National Executive for hearing allappeals by members, affiliated unions andconstituent units of the Party that relate to:

(i) compliance with the NationalConstitution; or

(ii) enforcement of the rights andobligations of members, affiliatedunions and constituent units under theNational Constitution;

and making recommendations to theNational Executive in relation to thoseappeals.


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(e) No appeal may be heard by the Tribunaluntil all practicable avenues of appealhave been exhausted under the rules ofthe relevant State or Territory Branch.

(f) The Tribunal must:

(i) comply with the rules of proceduralfairness in conducting hearings;

(ii) (subject to paragraph (i)) conduct itshearings as expeditiously as possible;and

(iii) give the National Executive and allparties to the appeal written reasonsfor its recommendations.

(g) The National Executive:

(i) must promptly consider allrecommendations of the Tribunal; and

(ii) may make any decision in relation tothe appeal it thinks fit.

(h) The Tribunal:

(i) must prescribe guidelines for theconduct of appeals, including thegranting of leave by the Tribunal tohear appeals; and

(ii) may otherwise regulate its ownprocedure;

subject to these Rules and any direction ofthe National Executive.

(i) In this rule “National Constitution” has thesame meaning as in rule 19.

(j) The powers of the National Executiveunder this rule are in addition to, and not in derogation from, those contained in rule 7(c).

National Constitution NotEnforceable in Law19. (a) In this rule “National Constitution” means

all national constituent instruments of theParty, and includes the national Objectivesand Principles, the national Rules, theNational Principles of Organisation, and allresolutions of National Conference and theNational Executive relating to the structureand organisation of the Party.

(b) It is intended that the National Constitutionand everything done in connection with it,all arrangements relating to it (whetherexpress or implied) and any agreement orbusiness entered into or payment made orunder the National Constitution, will notbring about any legal relationship, rights,duties or outcome of any kind, or beenforceable by law, or be the subject oflegal proceedings. Instead allarrangements, agreements and businessare only binding in honour.

(c) Without limiting rule 19(b), it is furtherexpressly intended that all disputes withinthe Party, or between one member andanother that relate to the Party be resolvedin accordance with the NationalConstitution and the rules of the State andTerritory Branches and not through legalproceedings.

(d) By joining the Party and remainingmembers, all members of the Partyconsent to be bound by this rule.


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Part C

NATIONAL PRINCIPLES OFORGANISATION

1. Policy at the national, State and Territory levelshall be determined by the national, State andTerritory conferences respectively. Suchdecisions shall be binding on every memberand every section of the Party, or of therelevant State or Territory Branch.

2. On matters that are not subject to NationalPlatform or Conference or Executive decisions,or their State and Territory equivalents, themajority decision of the relevant ParliamentaryLabor Party shall be binding upon all membersof the parliament.

3. In all parliaments, the parliamentary leadership,the Ministry and Shadow Ministry shall beelected by the Parliamentary Labor Party.

Election of Delegates to National Conference

4. State and Territory Branch delegates toNational Conference (including proxydelegates) must be elected in accordance withthe rules of that State or Territory Branch,subject to rule 6.

Composition of State Conferences5. (a) In all States the State Conference shall

comprise 50 percent union representativesand 50 percent constituency Partyrepresentatives. (This shall not bindTerritory Branches until the proportion ofunions affiliated is equivalent to that in theStates. This principle shall apply to allState level Party units comprised of direct representatives of unions andconstituency units.)

(b) State Branches should increase ormaintain the size of State Conferences,which should have greater rank and fileinvolvement.

Membership6. (a) Membership of the ALP is open to all

residents of Australia who are prepared toaccept its objectives and who have

associations with no other political party or proscribed organisation. This right tojoin shall not be impaired other than incircumstances in which it can bedemonstrated clearly that an individualcannot meet the requirement outlinedabove.

(b) Members of the Party are encouraged tobe members of a union or to employ union labour. State and Territory Branchrules should require members of the Partyto be members of a union or to employunion labour to the maximum extentpermitted by law.

(c) To further encourage union members to join the Party, State and TerritoryBranches should offer discounts inmembership subscriptions for members of affiliated unions.

Affiliation of Unions7. (a) All bona fide unions shall have the right to

affiliate to the ALP. This right to affiliateshall not be impaired unless it can bedemonstrated clearly that the relevantorganisation is not a bona fide union or thatthe organisation has engaged in conductthat renders it unsuitable to be affiliated.

(b) For the purposes of calculating uniondelegation sizes and affiliation fees, thenumber of members of each affiliatedunion must be determined each year by an independent audit by a registeredauditor of:

(i) the number of members eligible tovote in a ballot for an office in thatunion at 30 June as conducted by theappropriate Electoral Commission/s,and

(ii) the number of members identified inparagraph (i) above for whom theunion received an amount of dues inrelation to the period between 1 Apriland 30 June inclusive for that year.

(c) Each affiliated union must by 4.00 p.m. onthe last Friday in February each yearprovide to the State or Territory Branch ina sealed envelope:

(i) the independent audit report for theprevious year, and


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(ii) advice on the number of membersthat union will affiliate on for thecurrent year,

and all such sealed envelopes must beopened at the same time in the presenceof scrutineers appointed by affiliatedunions.

(d) Union delegation sizes must be based onthe three year rolling average of thatunion’s affiliation for the current and twopreceding years (except that affiliationfigures before 2002 must not be used todetermine a union’s rolling average).

(e) Each State and Territory Branch (otherthan the Queensland Branch) must amendits rules to implement clauses 7(b)–(d)above in accordance with the modeladopted by the National Executive for theQueensland Branch on 12 April 2002.

8. Each State and Territory Branch shoulddevelop an equitable basis of determiningunion entitlement for representation atrelevant State level Party units. This shall notprevent State Branches making reasonablespecial arrangements for the representation of small unions.

Union Delegations

9. Subject to rule 10(b), it shall be the right ofeach union to determine the criteria andprocedures for selection of its delegates,subject to those delegates being members ofthat union and financial members of the Party.

State and Territory Labor Advisory Councils

10. (a) Labor Advisory Council (LAC), consistingof the Leader and senior members of theState or Territory Parliamentary LaborParty, the State or Territory President and Secretary or their nominees, andrepresentatives of the Trades and Labour Council or equivalent body in thatState or Territory.

(b) The role of the LAC will be to provide aformal consultative mechanism betweenthe Party and the union movement in thatState or Territory.

Dialogue with Local UnionActivists11. All Labor MPs must establish dialogue with

local union activists in their electorates,including frequent meetings with those unionactivists who work in their area. Senators andMLCs must be invited to attend such meetings.

Members’ Rights12. The following are to be established as

minimum standards:

(a) The process of joining the Party shall be simplified and all unnecessaryimpediments to that process shall beremoved from State and Territory Branch rules.

(b) Subject to any attendance requirements inthe State or Territory, full membershiprights in all States and Territories shallbegin to accrue in accordance with therelevant State or Territory requirementsand those rights shall accumulate, to amaximum, following two years consecutivemembership. These rights include: beingeligible for preselection; standing andvoting for or standing on, the various Partybodies and executives.

(c) Each State and Territory Branch mustadopt rules that establish an appealsprocess in relation to compliance with andenforcement of Branch Rules by members,affiliated unions and constituent units ofthe Branch, such rules to be submitted tothe National Executive for approval by 1 November 2003. The appeals processmust include compliance with the rules ofprocedural fairness, expedited hearingsand written reasons for decision.

Organisation and Training13. (a) In addition to geographically based local

branches within State and federalelectorates, State and Territory Branchesshould consider different forms of rank andfile organisation, such as:

(i) occupation, workplace andemployment related branches,

(ii) university and TAFE campusbranches, and

(iii) policy forums (including onlineforums).


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However, any attendance requirements in

State and Territory Branch rules will

continue only to be met through

attendance at geographically based

local branches.

(b) The number of local branches in

metropolitan areas should be consolidated

to provide for larger meetings and better

branch organisation.

(c) Branches should be involved in local

community activities, and should provide

regular updates and suggestions of events

in which members might participate.

(d) Local branches and MPs should institute,

and participate in, regular joint community

consultation processes in their electorates

to raise the profile of the ALP and provide

feedback on policy and Party initiatives.

(e) MPs and State and Territory Branches

should respond to branch correspondence

promptly so that branch members know

their contribution has been considered.

(f) State and Territory Branches should ask

branches to nominate either a women’s

officer or contact person to assist the

development of equitable participation for

women in the Party.

(g) State and Territory Branch rules should

provide for a forum of all members within

each federal electorate to be held at least

once each year.

(h) The Federal Electorate Council (FEC), or

combinations thereof, shall be encouraged

to appoint a Women’s Contact Officer,

Community Activities Officer and a Policy

Development Officer when electing or

appointing its executive.

(i) The Community Activities Officer and

Women’s Contact Officer shall assist the

local branches to identify the major issues

within the community, within which they

should be active and assist in the

development of either endorsed or

unendorsed (depending on the State

Branches) candidates for local government

or other community bodies.

(j) The State Branches shall assume within

their organisational structure the

responsibilities of coordinating the

Women’s Contact Officers, Community

Activities Officers and the Policy

Development Officers.

(k) The Policy Development Officer at a StateOffice level and at State and federalelectorate level shall be responsible forcoordinating policy input on local, State orfederal matters, as appropriate, and workwithin a defined relationship betweenthose electorate based Policy Committeesand State and Territory Policy Committeesand/or the National Policy Committee.

(l) Each State Branch shall develop trainingprograms for Branch executives,candidates and activists, as well asintroductory programs for new Partymembers and mentoring and developmentprograms targeting women. The NationalSecretariat shall assist in the developmentof such programs.

(m) State and Territory Branches should formsupporters clubs, and explore thepossibility of the creation of an associateclass of membership as a way ofbroadening involvement in the Party.

State and Territory PolicyCommittees

14. (a) State and Territory Branches shouldexpand and improve the system of Stateand Territory Policy Committees, whichshould be linked to any policy forums thathave been established.

(b) All Party members should be eligible toattend State and Territory PolicyCommittee meetings to contributespecialised knowledge and expertise onpolicy issues. However, final decisions onpolicy documents should continue to betaken by elected Committee members.Committees should, where feasible,conduct forums and consultations inregional centres.

(c) Resolutions passed by Party units shouldbe circulated to the relevant Ministers andShadow Ministers, State and TerritoryPolicy Committees and the National PolicyCommittee for consideration andresponse.


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Preselections15. (a) Any member who meets the membership

eligibility requirements shall be entitled toparticipate in voting for a candidate in anypreselection covered by the applicableboundaries within which they reside,subject to clause 15(c).

(b) The only residential boundaries that canaffect that right are those devised by eitherfederal, State or municipal electoralcommissions. That is, the entitlement isguaranteed by the publicly known andindependently drawn boundaries ofrespective electoral commissions.Therefore, if you live within the respectiveelectorate and meet other criteria withinthe rules you are eligible to vote in thepreselection.

(c) To ensure the integrity of preselectionballots, no member shall receive a vote inany preselection unless that member iscorrectly enrolled with the AustralianElectoral Commission to vote in a federalelection. The member’s address for thepurposes of preselection will be theirenrolled address.

(d) In order to ensure that MPs are fulfillinglocal responsibilities, State and TerritoryBranches must:

(i) introduce a system of compulsorycandidate forums during preselectionprocesses; and

(ii) develop a system of reporting tofederal electorate bodies the activitiesof their MP.

Australian Young Labor16. Every State and Territory Administrative

Committee or State Executive should considerco-opting a non-voting member or members ofYoung Labor.

Indigenous Labor Network17. That each State and Territory Branch form

an Indigenous Labor Network. Membershipshould be open to all Indigenous people who are members of the ALP. Non-IndigenousALP members can nominate to be associate members.

Implementation of NationalPrinciples of Organisation18. The National Executive will monitor the

implementation of these National Principles ofOrganisation in consultation with the State andTerritory Branches. These Principles will applyequally to all State and Territory Branchesunless otherwise stated.

State and Territory Branch Rule Changes19. All State and Territory Branch rules must be

revised in accordance with these NationalPrinciples of Organisation as amended at the Special Rules National Conference heldin October 2002, and be submitted to theNational Executive for endorsement no laterthan 1 November 2003.

20. That, pursuant to rule 7(c)(i), the NationalExecutive be empowered to amend the rules ofany State Branch as required to implement theNational Principles of Organisation.


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Part D

RESOLUTIONS TOIMPLEMENT NATIONALPRINCIPLES OFORGANISATION

General Membership System1. (a) Each State should adopt a system to

allow applications to be processed andaccepted by the head office thus allowingpotential expansion of a generalmembership system.

(b) A general member initially has only theright to take up at their initiative theprocess of becoming a full member throughthe Branch membership system. Thegeneral members are to be encouraged tocontribute to the Party in whatever waythey can and they are bound to assumethe responsibilities of supporting the Partyboth privately and publicly.

(c) Any general member of five years or morestanding could be considered forpreselection provided the majority requestof all Party members in their respectiveelectorate was made and/or the majorityrequest of that State Branch AdministrativeCommittee or Executive was made.

(for guidance to the State Branches)

Party Communications2. The National Secretary shall be requested to

prepare an annual budget for internal Partycommunications, to include methods offinancing, as well as expenditure. The NationalExecutive shall liaise with the State andTerritory Branches with the objective ofimproving internal Party communications.

(for direction to the National Secretariat)

Responsibilities of NationalExecutive

3. That the responsibilities of National Executivebe clarified to ensure appropriate powers tomanage the Party’s:

(a) finances,

(b) education and training for memberships,

(c) liaison with the trade union movement,

(d) liaison with community organisations,

(e) campaign technique development for Partymembers and constituent units, and

(f) Party communication;

and to organise the Manning Clark LaborHistory Memorial Lecture at each NationalConference of the Party.

Review of Campaign Techniques4. That National Conference instructs the National

Executive and State Administrative Committeesto undertake a review of campaign techniquesto ensure continued electoral success. Thefollowing principles are central to such a review:

(a) the need for redevelopment of campaignskills within safe Labor seats;

(b) the need for continuous workplacecampaigns to be developed in consultationwith the trade union movement;

(c) improved liaison with communityorganisations; and

(d) continued development of ministerialinvolvement at the local level.

National Organisation—Ongoing Review

5. (a) That the National Executive takeresponsibility for an ongoing process oforganisational review. The NationalExecutive should establish a StandingCommittee to initiate proposals, or receivesubmissions from members and affiliates,on the Party’s rules, structures and political effectiveness.

(b) That an ongoing National OrganisationalReview Committee (ORC) be establishedwith appropriate delegated powers underthe guidance of the National Executive tocontinue the process of improving theeffectiveness, participation andaccountability of the Party’s organisation.

(c) That the ORC undergo a consultativeprocess with State Branches, unionaffiliates, Party units and members onstrategies to achieve the followingobjectives:

(i) strategies to increase the level of ALPbranch membership;


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(ii) strategies to encourage more tradeunions to affiliate to the ALP and toinvolve unions more effectively in theParty’s decision-making processes;

(iii) strategies the ALP should consider inorder to defeat coalition partyproposals to undermine the existingarrangements for trade unionaffiliation; and

(iv) strategies to increase the participationof women at all levels within the ALP.

(d) That the National Secretariat provideadequate resources for the Committee tomeet its objectives.

Preselections6. That the matter of preselections be referred to

the ongoing organisational review process.

Internal Party Relationships7. (a) The National Secretariat shall coordinate a

regular program of ministerial visits to FECmeetings, coordinated through the StateBranch offices, to report on the work of theGovernment and then receive views ofParty members. Such FEC meetings to beopen to all Party members.

(b) That a representative delegation from theState Administrative Committee shallcombine with the parliamentary leadershipand Caucus representatives to form aState political coordination committee.Such a committee shall meet regularly, todiscuss key strategic issues facing theParliamentary Party.

(for guidance to the National Secretariat andState Branches)

Basic Principles8. (a) The National Executive establish a

Committee for the purpose of revising the Basic Principles of the Party includingits objectives.

(b) The Committee, in conducting its revision,should invite submissions from anyinterested Party member or interested unitand conduct appropriate seminars on thesubject, prior to finalising anyrecommendations on changes.

Preselections9. State and Territory Campaign Directors should

consult the Leader and the National CampaignDirector before the selection of candidates inboth target and safe Labor seats to discussquality potential candidates. This processshould begin at least 18 months prior to thenext election. It is the responsibility andobligation of Party officers and other influentialfigures within the Party to ensure that qualitycandidates are preselected in all seats. TheParty must also actively identify and encouragecandidates from a wide range of occupationsand life experiences.

National Public Office Training Program10. The National Secretariat, in conjunction with

State and Territory Secretaries, should conduct a pilot National Public Office TrainingProgram and report to the National Executiveby 1 July 2003. The NPOTP would involveformer Labor leaders and ministers and wouldbe responsible for: running training schools forcandidates, those who aspire to be candidates,and younger Party members; overseeingmentoring programs; and running skillsworkshops. Better training and professionaldevelopment should also be examined forelected members.


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Part E

REGISTER OFCONFERENCE DECISIONS(These decisions of previous National Conferencesremain in force.)

Members Initiating LegalProceedings(decision of the 1955 Conference)

1. This Conference resolves that as a generalprinciple it cannot concede the right of anymember of the Party to initiate legalproceedings for the purpose of establishingthe constitutional behaviour of the LaborMovement. We emphasise that, with a fewisolated exceptions, the history of our Partydiscloses we have functioned on a basis ofcomplete determination in accordance with our own rules and our own interpretation ofthem. We insist we must continue to create our own procedures, taking care of our ownbusiness without the introduction of lawyersand law courts.

Union Elections(decision of the 1963 Conference)

2. Conference believes that industrial legislationshould provide for trade unions to properlydetermine their own internal policies inaccordance with their rules and constitutionsand deplores interference in trade unionsactivities by any government, outsideindividuals or organisations. Conferenceaccordingly calls upon all trade unionists torefrain from interference in the internal affairsof another trade union.

Grievance Procedures(decision of the 1979 Conference)

3. That Conference believes that the proceduresof the Party at State and national level provideadequate opportunity for people who aredissatisfied to seek redress of grievance andcalls upon all members of the Party in respectof matters in dispute to refrain from makingcomment outside the Party.

Affirmative Action(decision of the 1981 Conference)

4. (a) That Conference:

(i) asserts its support for affirmativeaction to ensure greater representationof women in the Party structures andamongst its representatives at alllevels of government;

(ii) endorses the Guidelines forImplementation of an AffirmativeAction Programme in the ALP, June1981, produced by the Working Partyon Affirmative Action, drawn from theState Women’s Groups and requestseach State and Territory Branch toimplement an affirmative actionprogramme in keeping with theseguidelines; and

(iii) requests the National Executive tomonitor regularly progress in eachState Branch and to report to eachNational Conference.

(b) That all Party publications and Party ballotpapers be given an indication of sex byuse of given names.

(c) That it be the policy of the ALP toinvestigate, instigate, and fund theprovision of child care facilities at allconferences and large assembly meetingsof the Party.

(d) That it be the policy of the ALP that allParty literature and publications should befree of sexist terms and sexist overtones;similarly all Party conferences, meetingsetc. should be free of sexist comments,terms and overtones of any kind and allofficers, MPs and members of the Partyshould be advised accordingly.

Abortion(decision of the 1984 Conference)

5. Conference resolves that the matter of abortioncan be freely debated at any State or federalforum of the Australian Labor Party, but anydecision reached is not binding on any memberof the Party.


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Conduct of Ballots(decision of the 1994 Conference)

6. Procedures for conduct of ballots if required:

(a) that ballots for multiple vacancies beconducted in accordance with the rules ofthe Victorian Branch;

(b) that ballots for single vacancies beconducted under the optional preferentialsystem; and

(c) that ballots for multiple vacancies beconducted in accordance with rule 10(a).

ALP Code of Conduct forFundraising(decision of the 1994 and 2004 Conferences)

7. PreambleAustralia’s political and economic stability isdependent on the strength of our democracy.The Labor Party believes that democracy inAustralia will be strengthened by moderate andequal financial contributions from corporateAustralia to both sides of politics.

■ This code of conduct establishes theconditions that govern fundraising bythe Labor Party at State, Territory and

National levels. It is binding on all LaborParty branches, units and candidates forpublic office.

■ Funds are raised by the Organisational wingof the Labor Party to assist candidates forpublic office to gain and/or maintain office.

■ Funds are needed for policy development,Party administration and, most importantly,campaigning. All these political tasks mustbe carried out Federally and in each Stateand Territory.

■ Each State, Territory and National Secretaryof the Labor Party has a responsibility toraise funds.

■ Campaign responsibilities can overshadowthe need for adequate funds to support astrong and effective party organisation. Lackof funding for party maintenance andadministration not only drains the Party’sability to develop policy and membership,but also undermines Labor’s ability tocampaign effectively and thereforeundermines the stability of Australia’spolitical system.

Organisation of Fundraising

■ The Party’s National Director of Fundraisingis the National Secretary. State and TerritoryDirectors of Fundraising are the relevantState or Territory Secretary.

■ Each State and Territory Branch and theNational Secretariat raise fundscooperatively but separately.

■ Each State and Territory Branch and theNational Secretariat has a FinanceCommittee and a Fundraising Director.These individuals and their committeesand/or donation collectors have soleresponsibility for fund raising for theirrespective Branches. Each Branchorganises its efforts independently andaccording to its own methods.

■ State and Territory Finance Committees, allof whose members act in a voluntarycapacity, collect funds from individual unionsand corporations. Such funds supplementthe Party’s income from normal membershipdues and affiliation fees.

■ The National Secretariat collects funds fornational campaigning, maintenance of theNational Secretariat and the support ofvarious State Branches. These fundssupport the National Secretariat’s role ofnational policy development, assistance tothe Federal Parliamentary Party andmaintenance of the Party’s professional andvoluntary organisation throughout Australia.

■ State, Territory and National offices shalloperate systems of “centralised banking”.

■ All local campaign and other party accountswill be held under the relevant State orTerritory central banking system with therelevant Tax File Number.

Conditions

■ The Labor Party observes a fundraisingcode of conduct. This code is fundamentalto the integrity of the Party and itsorganisational and Parliamentary members.

—Parliamentarians can, and should, voicethe Party’s needs for funds or servicesand on occasions sign appeal letters.

—on reasonable request, Parliamentarianscan, and should, speak or appear atLabor Party fundraising events.


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—Members of the Parliament or candidatesshould not accept money or services onthe Party’s or their own behalf, above theamount of $3000 from any one source.Donations that are accepted must be heldin appropriate Labor Party central bankingaccounts styled in the form: AustralianLabor Party Campaign Account.

—Any funds held in accounts, or otherwisenot under a State or Territory centralbanking system with the relevant Tax FileNumber, will be regarded by theAustralian Labor Party and any otherinterested party as “personal accounts”.

—Cheques should be made payable to theAustralian Labor Party named account,not individuals.

—It is the legitimate responsibility of therelevant Fundraising Director, FinanceCommittee members and/or collectors toaccept money on behalf of the Party.

—On the written authority of the relevantState, Territory or National Secretary,Parliamentarians or Candidates may actas fundraising agents for the Labor Party.

—Members of parliamentary executivesmay not be asked to act as fundraisingagents or collectors.

—The detail of donations shall be publiclydisclosed as per the requirements of theCommonwealth Electoral Act 1918.

—The Labor Party does not accept fundsthat are subject to conditions of any kind.

—Under no circumstances will the LaborParty accept funds which, even if only byinference, are intended to obtain theParty’s support for specific actions,attitudes or public statements.

—Donors have a right to put views to theParty—but a right to no more than that.

—The Labor Party never raises funds onbehalf of any other Party or Organisation.

—Under no circumstances will the LaborParty or any of its endorsed candidatesaccept donations from the tobaccoindustry.

—Candidates for public office who actoutside these guidelines will be liable tosanctions by the relevant Labor PartyCaucus or State or Territory AdministrativeCommittee or other interested parties.

National Conference Decisions8. That decisions of National Conference are

equally binding on all members of the Partywhether determined as Platform or as adecision of Conference. However, decisions of Conference which relate to matters of policylapse if they are not reaffirmed by thesubsequent Conference. Decisions ofConference which relate to organisational,administrative or rules matters continue in force until a subsequent Conference otherwise determines.


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Part F

NATIONAL CONFERENCESTANDING ORDERS

Chair of Conference1. The National President shall preside over

Conference. In the President’s absence thesenior officer present shall preside. If noofficers are present a delegate shall beappointed by Conference to preside.

Credentials2. (a) Each body represented at National

Conference or National Executive shalllodge with the National Secretary thenames and addresses of its delegates asearly as practicable before the meeting.These names and addresses shall be sentby the National Secretary to all membersof the National Executive and other bodiesrepresented at the National Conference assoon as possible.

(b) Any body or delegate may challenge thecredentials of any delegate by lodging withthe National Secretary the grounds ofobjection in writing within 14 days of beingnotified of the nomination of that delegate.

(c) The grounds of the objection shall beconveyed to the delegate challenged andto the body nominating the delegate by thequickest possible means. The NationalExecutive shall hear and determine thechallenge. An appeal shall lie to theNational Conference. Pending theoutcome of any such appeal, the decisionof the National Executive shall stand.

Session Times3. Conference shall meet each day from 9.30

a.m. to 12.45 p.m., and 2.15 p.m. to 5.30 p.m.,subject to Conference at any time, determiningon motion or amendment without debate, andwithout rescission of any previous decisions asto meeting times, to meet at any other times.

Order of Business4. The agenda of the National Conference shall

be as distributed by the National Executivepursuant to rule 6(j)(ii). The order of businessshall be as determined by Conference fromtime to time.

5. No discussion shall be allowed except onmotion or amendment duly proposed andseconded.

6. Any member desiring to propose a motion oramendment, or to discuss any matter underconsideration, must address the Chair. Nomember shall address the Conference unlesscalled by the Chair of Conference.

7. All questions shall be determined in thefollowing manner:

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

(b) the seconder of such motion, and all otherspeakers, shall be limited to five minutes;

(c) the movers and seconders of motions andamendments must exercise the right tospeak at the time of moving and notsubsequently, subject to the right of replyby the mover of the motion;

(d) Conference on motion without debate mayextend the time of any speaker; suchextension of time shall not exceed fiveminutes. Conference may agree to furtherextensions on the same basis;

(e) the Chair shall call attention to the time ofall speakers one minute before such timeexpires. Motions for extensions may bemade when the Chair so calls, but no later;

(f) after the motion has been moved andseconded, and no speaker rises to opposeor move an amendment, the Chair shallproceed to put such motion to a vote ofConference;

(g) all votes of Conference shall be subject tothe following procedure:

(i) the Chair shall call upon those whosupport the question to say “Aye” andthose who are opposed to say “No”;and

(ii) the Chair shall then declare thequestion carried or lost;


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(h) any delegate not satisfied with the Chair’sdecision may, by standing in their place,call for a show of hands. The Chair shallproceed to determine the question bycalling upon those who support the motionto raise their hands, and those opposed toact similarly. The Chair shall appoint twotellers to take the count and they shall berepresentative of the opposing viewpoints.When the tellers are agreed upon theircount the Chair shall declare the result byquoting the figures for and against;

(i) when any question voted upon byConference results in equal numbers forand against, the Chair shall declare suchquestion lost; and

(j) any motion or amendment affecting thePledge, Platform or Constitution of theParty shall be declared lost if less than amajority of delegates credentialled to theConference vote for it.

Amendments8. (a) At any time during debate on any motion it

shall be competent for any delegate tomove an amendment. All amendmentsmust be seconded. Motions may beamended by adding words, by deletingwords, or by deleting words and insertingothers in their place, providing that theeffect of any proposed amendment is notto establish a direct negative to thequestion contained in the motion.

(b) Any number of amendments may beproposed and discussed simultaneouslywith the original motion, notwithstandingstanding order 14. At the close of debateamendments shall be put in the order theyhave been moved.

9. No member shall speak more than once to anyquestion before the Chair, unless by way ofpersonal explanation or with the consent of theConference. Such consent shall not be givenunless by a majority of those present.

10. At any time during debate on any question itshall be competent for the Chair to accept amotion “that the question be adjourned,” “thatthe question be put”, or “that the next businessbe proceeded with”, provided at least twospeakers have spoken for and against.

A member having spoken to the question shallnot be competent so to move. Such motionsshall be immediately put without debate,provided that in the event of Conferenceagreeing “that the question be now put” themover of the original motion shall have theright of reply.

11. On Conference agreeing “that the question benow put” it shall mean not only the questioncontained in the motion, but in any and allamendments.

12. No question shall be debated for a longerperiod than one and a half hours, subject toConference agreeing on motion or amendmentput without debate to extend such time. A two-thirds majority of those present shall berequired to approve any such extension.

13. Motions directed towards the re-considerationof any decision reached by Conference shallfail unless carried by a three-fourths majority ofthe delegates credentialled to Conference.

14. Not more than two delegates in successionshall speak for or against any question.

15. All questions involving an interpretation ofpolicy on any section of the Platform or thedirection of members of the parliament inaccordance with the principles and methods ofthe Party, shall be subject to decision byConference on the basis of these StandingOrders and not by ruling of the President.

16. Questions other than those contained on theAgenda shall not be discussed unless agreedto by two-thirds of the delegates credentialledto Conference, and no delegate shall canvassthe subject matter of the proposed newbusiness when seeking Conference approvalfor discussion of same.

17. Rulings given by the Chair on any questionshall be subject to a motion calling uponConference to disagree with any ruling. In theevent of such motion, the mover shall bepermitted not more than five minutes to supportthe motion and the Chair shall be permitted notmore than five minutes to defend the Chair’sruling. There shall be no other speakers. TheVice-President or any other delegate appointedby Conference shall occupy the Chair duringthe currency of such motion.

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