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Updated to March 2024 Constitution and removed unneeded code #2

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2 changes: 1 addition & 1 deletion docs/constitution/00-acknowledgement-of-country.md
Original file line number Diff line number Diff line change
@@ -1,7 +1,7 @@
---
title: Acknowledgement of Country
original:
file: "AGV Constitution (2023-01-02) after end of transition.pdf"
file: "AGV Constitution 2024-03-06.pdf"
pages: [3]
---

Expand Down
93 changes: 1 addition & 92 deletions docs/constitution/01-fundamental-matters.md
Original file line number Diff line number Diff line change
@@ -1,78 +1,13 @@
---
title: "Part 1: Fundamental matters"
original:
file: "AGV Constitution (2023-01-02) after end of transition.pdf"
file: "AGV Constitution 2024-03-06.pdf"
pages: [3,4,5]
---

:::effectivefrom Timing
The provisions of this part of the Constitution come into force
on the transition date (1 January 2023) apart from clause 4
:::

<details>

<summary>Drafting Panel commentary</summary>

<u>At a glance</u>

* Sets out our purposes (clause 1).

* Sets out our principles about (clause 2 to 7):

* how we make policies and the party strategy,

* members in public office,

* how we make decisions,

* the openness of our Party, and

* affirmative action.

* Sets out the hierarchy of policies (including Australian Greens policies and local
policies made by branches) (clause 2).

<u>Summary and Explanation</u>

Clause 1 on purposes is straightforward.

Clause 2 on policy requires that party policy and the party strategy generally only be
made by members through a participatory process, by consensus (or a 75% vote) of
members participating. State Council can make a policy or the party strategy in urgent
circumstances. The clause also reflects our existing hierarchy of national, state and
local policies.

Clause 3 is about members in public office and keeps the existing arrangements. It
retains the conscience vote, requires members in public office at a particular level to
attempt to reach consensus with each other, and requires members in public office to
engage with branches and other party bodies wanting such engagement.

Clause 4 introduces a new requirement that all decisions must be made in pursuit of
the party’s purposes (clause 4(1)). The clause sets out, in a more mandatory way than
in our current Constitution, the principles of consensus decision-making (clause 4(2) &
(4)). This clause also sets out new principles for the delegation of decision-making
(clause 4(3)).

Clause 5 sets out the entitlement of members to attend meetings, establishes a new
requirement that meetings be accessible to all members and that members have a
reasonable right to communicate with all other members. This clause also provides for
members’ forums to be held twice a year to discuss issues raised by members
(clause 5(4)).

Clause 6 establishes an additional strengthened mandatory obligation on the Party to
implement affirmative action measures for underrepresented groups. However, this
does not affect the election process for the State Council.

</details>


1. ## Purposes

<details><summary>Drafting Panel commentary</summary>
Clause 1 on purposes is straightforward.
</details>

The purposes of the Party are:

<subclause-letters>
Expand All @@ -97,10 +32,6 @@ does not affect the election process for the State Council.

2. ## Policies and party strategy

<details><summary>Drafting Panel commentary</summary>
Clause 2 on policy requires that party policy and the party strategy generally only be made by members through a participatory process, by consensus (or a 75% vote) of members participating. State Council can make a policy or the party strategy in urgent circumstances. The clause also reflects our existing hierarchy of national, state and local policies.
</details>

1. Each state policy and the party strategy may only be made,
amended or repealed by the membership, through participatory and
deliberative processes, with the advice of experts and of
Expand Down Expand Up @@ -141,10 +72,6 @@ does not affect the election process for the State Council.

3. ## Public office

<details><summary>Drafting Panel commentary</summary>
Clause 3 is about members in public office and keeps the existing arrangements. It retains the conscience vote, requires members in public office at a particular level to attempt to reach consensus with each other, and requires members in public office to engage with branches and other party bodies wanting such engagement.
</details>

1. A member may only be a candidate for public office, or hold
public office, with the endorsement or permission of the Party.

Expand Down Expand Up @@ -190,16 +117,6 @@ does not affect the election process for the State Council.

4. ## Decision-making

<details><summary>Drafting Panel commentary</summary>

Clause 4 introduces a new requirement that all decisions must be made in pursuit of
the party’s purposes (clause 4(1)). The clause sets out, in a more mandatory way than
in our current Constitution, the principles of consensus decision-making (clause 4(2) &
(4)). This clause also sets out new principles for the delegation of decision-making
(clause 4(3)).

</details>

1. Each decision of the Party must be made in pursuit of the
purposes of the Party.

Expand Down Expand Up @@ -248,10 +165,6 @@ does not affect the election process for the State Council.

5. ## Openness

<details><summary>Drafting Panel commentary</summary>
Clause 5 sets out the entitlement of members to attend meetings, establishes a new requirement that meetings be accessible to all members and that members have a reasonable right to communicate with all other members. This clause also provides for members’ forums to be held twice a year to discuss issues raised by members (clause 5(4)).
</details>

1. Each member is entitled to attend the meetings of each party
body, except where:

Expand Down Expand Up @@ -296,10 +209,6 @@ does not affect the election process for the State Council.

6. ## Affirmative action

<details><summary>Drafting Panel commentary</summary>
Clause 6 establishes an additional strengthened mandatory obligation on the Party to implement affirmative action measures for underrepresented groups. However, this does not affect the election process for the State Council.
</details>

1. The Party must:

<subclause-letters>
Expand Down
143 changes: 1 addition & 142 deletions docs/constitution/02-branches.md
Original file line number Diff line number Diff line change
@@ -1,100 +1,12 @@
---
title: "Part 2: Branches"
original:
file: "AGV Constitution (2023-01-02) after end of transition.pdf"
file: "AGV Constitution 2024-03-06.pdf"
pages: [5,6,7]
---

:::effectivefrom Timing
The provisions of this part of the Constitution come into force
on the transition date (1 January 2023)
:::


<details>

<summary>Drafting Panel commentary</summary>

<u>At a glance</u>

* Provides for the establishment and geographic definition of branches.

* Provides for members to be branch members.

* Sets out branch responsibilities and powers.

* Empowers branches to delegate their powers.

* Provides ways for branches to hold State Council to account, including the
power to make joint branch proposals leading to a possible members’ meeting
and members’ plebiscite.

* Provides for the suspension of branches.

* [Schedule 1](./schedule-01-branch-meeting-procedure.md) provides Branch meeting procedures.

<u>Summary and Explanation</u>

This part largely reflects the current arrangements, with the exception that some of the
administrative and office-bearer requirements in the current Constitution have been
removed. For example, a small branch might choose to have only a
Convenor/Secretary, or a ‘Coordinator’, rather than having the full suite of office bearer
positions.

State Council retains the power to establish and disestablish branches but would now
require the agreement of the relevant branches to redefine a branch area. The default
position is that a branch must be defined by local government boundaries (clause 7(4)
(c)).

Clause 8 defines branch membership, which is essentially unchanged but is clarified.

Clause 9 sets out the powers of branches, including powers to make local policies and
engage with the community. Branch decisions are subject to contrary State Council
decisions, and State Council may, but only temporarily, suspend the power of a branch
to make public statements.

Clause 12 adds a new power for branches to formally submit a question to State
Council and receive an answer within 60 days.

Clause 13 creates new powers for branches to propose a reconsideration proposal – to
propose to State Council that it rescind a State Council or senior party body decision
they don’t like. A branch can also forward a substantive proposal. If they do this, State
Council must consider what they have put forward, and if State Council does not agree,
it must explain why in writing. State Council can adopt a reconsideration proposal by a
simple majority.

An example of a reconsideration-proposal in practice is:

<subclause-letters>

1. State Council decides by consensus in June to establish a Committee on Rural Policy;

2. North-East Victoria Branch moves a reconsideration proposal in July because it thinks its voice was not
heard, and this new Committee will undermine the role of the Country Greens Network;

3. State Council, at its August meeting is divided, but votes 8 to 7 in favour of
rescinding its earlier decision so it can consider the matter further;

4. any further decision is made in the ordinary way.

</subclause-letters>

This makes it easier for branches to have the State Council reconsider a matter when it
may not have heard directly from a branch at an earlier meeting.

Clause 16 allows the State Council to suspend a branch, but only in exceptional
circumstances and only for 60 days.

</details>

7. ## Constitution

<details><summary>Drafting Panel commentary</summary>
State Council retains the power to establish and disestablish branches but would now
require the agreement of the relevant branches to redefine a branch area. The default
position is that a branch must be defined by local government boundaries (clause 7(4)
(c)).
</details>

1. State Council may create or dissolve a branch.

Expand All @@ -118,10 +30,6 @@ circumstances and only for 60 days.

8. ## Branch membership

<details><summary>Drafting Panel commentary</summary>
Clause 8 defines branch membership, which is essentially unchanged but is clarified.
</details>

1. Each member is a member of one branch.

2. State Council must make the procedure by which a member:
Expand All @@ -141,13 +49,6 @@ circumstances and only for 60 days.

9. ## Responsibilities and powers

<details><summary>Drafting Panel commentary</summary>
Clause 9 sets out the powers of branches, including powers to make local policies and
engage with the community. Branch decisions are subject to contrary State Council
decisions, and State Council may, but only temporarily, suspend the power of a branch
to make public statements.
</details>

1. Each branch is responsible for:

<subclause-letters>
Expand Down Expand Up @@ -206,11 +107,6 @@ circumstances and only for 60 days.

12. ## Branch question to State Council

<details><summary>Drafting Panel commentary</summary>
Clause 12 adds a new power for branches to formally submit a question to State
Council and receive an answer within 60 days.
</details>

1. A branch may submit a question about a party matter to State
Council.

Expand All @@ -219,34 +115,6 @@ circumstances and only for 60 days.

13. ## Branch proposal to State Council

<details><summary>Drafting Panel commentary</summary>
Clause 13 creates new powers for branches to propose a reconsideration proposal – to
propose to State Council that it rescind a State Council or senior party body decision
they don’t like. A branch can also forward a substantive proposal. If they do this, State
Council must consider what they have put forward, and if State Council does not agree,
it must explain why in writing. State Council can adopt a reconsideration proposal by a
simple majority.

An example of a reconsideration-proposal in practice is:

<subclause-letters>

1. State Council decides by consensus in June to establish a Committee on Rural Policy;

2. North-East Victoria Branch moves a reconsideration proposal in July because it thinks its voice was not
heard, and this new Committee will undermine the role of the Country Greens Network;

3. State Council, at its August meeting is divided, but votes 8 to 7 in favour of
rescinding its earlier decision so it can consider the matter further;

4. any further decision is made in the ordinary way.

</subclause-letters>

This makes it easier for branches to have the State Council reconsider a matter when it
may not have heard directly from a branch at an earlier meeting.
</details>

1. A branch may submit to State Council:

<subclause-letters>
Expand Down Expand Up @@ -275,10 +143,6 @@ circumstances and only for 60 days.

14. ## Joint branch proposal to State Council

<details><summary>Drafting Panel commentary</summary>
Clause 2 on policy requires that party policy and the party strategy generally only be made by members through a participatory process, by consensus (or a 75% vote) of members participating. State Council can make a policy or the party strategy in urgent circumstances. The clause also reflects our existing hierarchy of national, state and local policies.
</details>

A joint branch proposal to State Council may be submitted in accordance
with Schedule 2.

Expand Down Expand Up @@ -309,11 +173,6 @@ circumstances and only for 60 days.

16. ## Suspension

<details><summary>Drafting Panel commentary</summary>
Clause 16 allows the State Council to suspend a branch, but only in exceptional
circumstances and only for 60 days.
</details>

1. In exceptional circumstances, State Council may suspend a branch
for up to 60 days.

Expand Down
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