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Australian Labor Party Northern Territory Branch: Rules



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TERRITORIAN 1.6

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ALP NT BRANCH GPO Box 2026 DARWIN NT 0801

Amended November 2000

Index -

GENERAL 3

Name 3

Objects 3

Application of National Principles of Organisation 4 Definition of Area 4

Platform and Policy 4

Composition 6

Stricture 6

Elections 6

Affirmative Action 7

MEMBERSHIP 8

Individual Membership 8

Membership Rules to

Affiliates 11

Fees-Individual Members 12

Fees-Affiliates 12

Sustentation Fees-Branches 12

TERRITORY CONFERENCE 13

Meetings of Conference 13

Composition 13

Union Representation 13

Branch Representation 13

Political Representation 14

Qualification of Delegates 14

Agenda 14

Credentials 14

Resolutions 15

Quorum 15

Elections by Conference 15

Special Territory Conference 15

Proxy Voting .16

Travel Pool 16

Phone: (08) 8981 3801 Fax: (08) 8981 3303

E-mail: Territory.Labor@alp.org.au

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4. ADMINISTRATIVE COMMITTEE 164.1 Functions, Duties and Powers 164.IA Reporting Requirements 174.2 Composition 174.3 Casual Vacancies 184.4 Meetings 184.4A Executive 194.5 Appeals 195 COMMITTEES 205A Territory Branch Secretary 195.1 Standing Committees 205.2 Disputes Committee 205.3 Campaign Committees 206. BRANCHES 216.1 Establishment 216.4 Duties of Branches 216.5 Branch Meeting and Activities 226.6 Special Meetings 226.7 Branch Finances 226.8 Branch Officers 236.9 Branch Ballots 236.10 Appeals 247.0 PARLIAMENTARY MEMBERS 247.1 Selection of Candidates . 247.2 Parliamentary Labor Party 247.3 Levies 248. HAROLD NELSON HOLDINGS PTY LTD 249A ACCOUNTABILITY 249.0 MISCELLANEOUS 269.1 Changes to These Rules 269.2 Financial Year 269.3 Commencement 269.4 Validity of previous Rules 269.5 Validity of Elections 269.6 Standing Orders 269.7 Office 269.8 Public Officer 269.9 Non-Profit 269.10 Winding Up 26SCHEDULESA Standing Orders 27B Mechanism for Counting Votes 35E Pre-Selections 37F Regional Representation on Admin Committee 39G Active Branch Charter 40

1. GENERAL

1.1 Name The name of the organisation is "The Australian Labor Party Northern Territory Branch" ("the Territory Branch").

1.2 Objects

(a) The objects of the Australian Labor Party are set out in the Basic Principles decided by National Conference. These are:

The Australian Labor Party is a democratic socialist party and has the objective of the democratic socialisation of industry, production, distribution and exchange, to the extent necessary to eliminate exploitation and other anti-social features in these fields.

To achieve the political and social values of equality, democracy, liberty and social co-operation inherent in this objective, the Australian Labor Party stands for -Redistribution of political and economic power so that all members of society have the opportunity to participate in the shaping and control of the institutions and relationships

which determine their lives.

Establishment and development of public enterprises, based upon Federal, State and other fortes of social ownership, in appropriate sectors of the economy.

Democratic control and strategic social ownership of Australian natural resources for the benefit of all Australians.

• Maintenance of and support for a competitive non-monopolistic private sector, including small business and farming, controlled and owned by Australians, operating within clear social guidelines and objectives.

• The right to own private property.

Recognition and encouragement of the right of labour to organise for the protection and advancement of its interests.

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

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

The restoration and maintenance of full employment.

The abolition of poverty, and the achievement of greater equality in the distribution of income, wealth and opportunity.

Social justice and equality for individuals, the family and all social units, and the elimination of exploitation in the home.

Equal access and rights to employment, education, information, technology, housing, health and welfare services, cultural and leisure activities and the law.

• Reform of the Australian Constitution and other political institutions to ensure they reflect the will of the majority of Australian citizens and the existence of Australia as an independent republic.

• Recognition and protection of fundamental political and civil rights, including freedom of expression, the press, assembly, association, conscience and religion; the right to privacy; the protection of the individual from oppression by the state; and democratic reform of the

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Australian legal system.

The development of a democratic communications system, as an integral part of a free society, to which all citizens have opportunities for free access.

Elimination of discrimination and exploitation on the grounds of class, race, sex, sexuality, religion, political affiliation, national origin, citizenship, age, disability, regional location, or economic or household status.

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

Recognition and encouragement of diversity of cultural expression and lifestyle within the Australian community.

The proper management of Australian resources and protection of the environment, whether created by people or nature, to safeguard the rights of present and future generations.

Maintenance of world peace; an independent Australian position in world affairs; the recognition of the right of all nations to self-determination and independence; regional and international agreement for arms control and disarmament; the provision of economic and social aid to developing nations; a commitment to resolve international conflicts through the

United Nations; and a recognition of the inalienable right of all people to liberty, equality, democracy and social justice.

Commitment to and participation in the international democratic socialist movement as represented by the Socialist International.

Recognition of the right of citizens to work for progressive changes consistent with the broad principles of democratic socialism.

(b) The Territory Branch has the following additional objects:

To strengthen and consolidate the Australian Labor Party's organisation throughout the Northern Territory.

• To actively seek membership from all sectors of the community and the affiliation of industrial unions in the Territory.

• To promote through Parliamentary and other means the objects and policies of the Australian Labor Party contained in its National and Territory Platforms.

To ensure strong representation of women and Aboriginals in the Territory Branch through affirmative action.

1.3 Application of National Principles of Organisation

Notwithstanding anything to the contrary in these Rules the National Principles of Organisation and Rules of the Australian Labor Party apply to these Rules.

1.4 Definition of Area

In these Rules "Northern Territory" means the Federal Senate electorate of the Northern Territory.

1.5 Platform and Policy

(a) The Platform, as amended from time to time, shall be the Platform of the Territory Branch and shall be deemed to be incorporated into and to form part of these Rules. Conference may determine the method by which the Platform is to be decided and amended.

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(b) Party Policy

Subject to the Platform, the decisions of Conference and a decision of the Administrative Committee authorised under these Rules, Caucus is responsible for the development and co-ordination of Party policy.

• (c) Platform Committees

(i) Conference shall elect Platform Committees (ii)The Minister / Shadow Minister for an area of parliamentary responsibility ("the relevant Minister / Shadow Minister") is responsible for convening any Platform Committee in relation to that area. (iii) A Platform Committee is to develop Party Platform and advise Caucus on implementation of Platform by assisting in policy development. (d) Reporting about Platform Committees

(i) The relevant Minister! Shadow Minister is to report to the Administrative Committee every three months about the activities of Platform Committees he or she convenes.

(ii)The President is to report to Conference about Platform Committees and their activities. (e) Advisory Councils (i) Conference or the Administrative Committee may convene or dissolve an Advisory Council at any time.

(ii) Conference shall elect convenors of Advisory Councils.

(iii) An Advisory Council is to provide information and advice to Caucus in relation to an area of Party policy.

(iv) A convenor of an Advisory Council may appoint to an Advisory Council -a) members of the Party, and b) other persons with knowledge of, or an interest in, a matter of policy within the policy area of the Advisory Council.

(v) A convenor of an Advisory Council is to ensure that wherever practicable a member of the Platform Committee in relation to the policy area of an Advisory Council attends meetings of the Council and reports on them to the Platform Committee.

(vi) Any member may elect to become a member of an Advisory Council. (f) Reporting about Advisory Councils (i) A convenor of an Advisory Council is to report to the Administrative Committee every

three months on the activities of the Advisory Council. (ii) The President is to report to branch members and affiliates every six months about Advisory Councils and their activities.

(g) Regional consultative forums (i) Caucus or Caucus Member (s) shall convene a Regional Consultative Forum in each region, as defined by Rules 4.2 (a) (iv), 4.2 (a) (v) and 4.2 (a) (vi) every six months, for the purpose of obtaining regional views on strategy and policy. (ii)Caucus or Caucus Member (s), together with the Regional Representative of the

Administrative Committee for the area in which the Forum is to be held and nominees from the local Branches, Affiliates, Labor Women and Young Labor where appropriate in the region, are to organise the Foram.

(iii)Caucus shall inform the Administrative Committee in advance of the venue, date and time of a Forum.

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(h)

Reporting about Regional Consultative Forums (i)Caucus is to report to the Administrative Committee every six months on the activities of the Regional Consultative Forums.

(ii) The President is to report to branch members and affiliates every six months about Regional Consultative Forums and their activities.

1.6 Composition

The Territory Branch comprises Branches, individual members, affiliated unions and other bodies .

1.7 Structure

The Territory Branch has the following constituent units:

(i) The Annual Northern Territory Conference, or "Conference";

(ii) Administrative Committee;

(iii) Executive;

(iv) Branches;

(v) Affiliated Unions;

(vi) Members of the Northern Territory Parliamentary Labor Party; and

(vii)Northem Territory Members of the Federal Parliamentary Labor Party.;

(viii) Northern Territory Labor Women;

(ix) Australian Young Labor (Territory Branch);

1.8 Elections

All elections within the Territory Branch must be conducted by the voting system set out in Schedule "B" to these Rules

(a) Conference elections for Administrative Committee

(1) There shall be four ballots conducted for the election of Administrative Committee members.

(2) Except in the event that rile 1.8 (d) applies, The Secretary shall be elected by separate ballot, then (3) The Returning Officer shall calculate the requisite numbers of Aboriginal persons required by the (4) Affirmative action rules and conduct a ballot for these positions, then (5) The Returning Officer shall calculate the requisite numbers of women required by the affirmative

action rules and conduct a ballot for these positions, then (6) The Returning Officer shall calculate the requisite numbers of other members required and conduct a ballot for these positions.

(7) Preferences are exhausted after each ballot and persons not elected in one ballot will be included in the next ballot unless their nomination is withdrawn prior to that ballot

(b) Plebiscites At least 28 days must elapse between the sending out of nomination forms for an election by plebiscite and the last day for close of nominations.

(c) Position of Secretary If the Secretary of the Territory Branch is employed by the Territory Branch, no election for Secretary shall be conducted by Conference.

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1.9

Affirmative Action (a) Party Positions All elections, other than public office preselections, conducted by the National and Territory level party units for three or more positions shall incorporate affirmative action in favour of women.

Such elections shall include:

(i) The Administrative Committee included both the Branch Officers and the positions listed 4.2(a)(iv)-(vi).

(ii) National Conference

(iii) Office holders in all Branches.

(iv) Labor Councillors and all committees established to determine Platform or policies whether for Territory Conference or as input to National policy considerations.

(v) Electoral Colleges.

(vi) Preselections for Federal and Territory Parliament (combined).

(vii)Delegations Branch conferences, other than as set out in (b) below.

Not less than one third of such positions or numbers at least proportional to the membership of women in the Party, whichever is greater as at 31 December each year, must be filled by women, provided sufficient women nominate.

(b) Union delegations

Union delegations to Party conferences and forums shall comprise a minimum of one third women delegates except where the level of female membership of a union is less than one third of their total membership in which case the minimum representation of women delegates shall be set at the proportionate level to their membership of the union. On the application of a particular union, the Administrative Committee may approve an exemption from this rule.

(c) Public Office Pre-selections Pre-selection for public office positions at Territory and Federal level shall incorporate affirmative action. The intent of this rule is that by the year 2002 thirty five percent of public office positions held by Labor or a majority of the seats needed to form government, whichever is greater, will be filled by women and not less than thirty five percent will be filled by men.

(d) Administrative Committee (i) Aboriginal people shall be represented on the Administrative Committee in numbers at least proportional to their membership of the Party, and in any case at least two members of Administrative Committee shall be Aboriginal people.

(ii) Territory Legislative Assembly Caucus and Federal parliamentary representatives nominees to Administrative Committee shall include at least one woman and at least one Aboriginal person provided sufficient numbers of women and Aboriginal persons nominate.

(iii) Union nominees to Administrative Committee shall include at least one woman. Union nominees to Administrative Committee shall also include one at least one Aboriginal person provided sufficient numbers of Aboriginal persons nominate.

(iv) The Returning Officer shall apply the Affirmative action requirements established by rules 9.1(a) and 9.1(dxi) to the whole of the Administrative Committee, including members who are elected by plebiscite and nominated by caucus and unions. To achieve this the Returning Officer shall calculate the requisite numbers of women and Aboriginal people to satisfy these requirements prior to conducting the

conference ballot for Administrative Committee members.

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(e) Reporting requirements

(i) The Vice President has portfolio responsibility for affirmative action and within three months of Conference, must prepare a plan to achieve greater participation by women and Aboriginal people in the activities of the Branch including preselection for public office.

(ii) The Vice President is required to report to the President every three months on achievement of the affirmative action plan.

2 MEMBERSHIP

2.1 Individual Membership

(a) Method of joining the Party

Any person over the age of 15 years may join the Party as follows:

(i) An applicant for membership shall complete the membership form included in these rules as Schedule C;

The form, together with the fee prescribed by these rules, shall be forwarded to the Secretary of the Territory Branch. On receipt of form and money to Secretary of the Territory Branch an acknowledgment would immediately be sent to applicant and relevant Branch;

The membership application shall be considered and dealt with at the next meeting of the Administrative Committee, who may accept, reject or seek further information regarding the application;

Upon acceptance, the Secretary of.the Territory Branch shall enter the name of the member upon the membership roll and the member shall be accorded all of the rights of membership except those derived from being a member of a Branch; The Secretary shall also promptly advise the Secretary of that Branch having responsibility for the area in which the member lives, and the new

member, of their admission to membership and shall also promptly forward to the new member a membership ticket.

(ii) Membership renewal applications shall be sent to all members by December 1 of each year;

Membership renewal applications shall be returned to the Secretary of the Territory Branch together with the fee prescribed by these rules and, unless referred by the Secretary to the next meeting of the Administrative Committee membership shall be forthwith renewed by being so recorded in the membership roll;

Upon renewal, the Secretary of the Territory Branch shall promptly advise the Secretary of that Branch having responsibility for the area in which the member lives, or the Secretary of the member's Branch where the member is recorded on the membership roll as being a member of a current Branch, and the member, of the renewal of membership and shall also promptly forward to the member a cur rent membership ticket.

Where membership has lapsed within the previous 24 months, it may be restored by payment of all intervening and current fees, but this shall not confer eligibility for election or preselection.

Upon receipt of the fee, members shall be deemed to have renewed.

(iii) In addition to and consequent upon Party membership members may be admitted to Branch membership as follows:

A Party member or applicant for Party membership shall complete an application for Branch membership as attached to these rules as Schedule C, and lodge the completed application with the Branch Secretary or President, who shall place the application before the next Branch meeting;

The Branch meeting shall accept, reject or refer the application to the Branch Executive for inquiry and report to the next meeting;

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At that next meeting the Branch must accept or reject the application;

Upon carriage of a resolution accepting the applicant for Branch membership, the applicant's name shall be entered in the roll of Branch members for that year, kept by the Branch Secretary, and the Branch Secretary shall forthwith advise the Secretary of the Territory Branch of the entry;

The entry in the Branch membership roll shall be marked as provisional, and the applicant accorded no voting or candidacy rights unless and until the Branch Secretary is provided with written advice from the Territory Branch Secretary that the applicant has been admitted to Party membership. If the Branch Secretary is advised that the applicant has been refused membership or

expelled, the name shall be struck from the roll and the person accorded none of the rights of membership;

If the applicant was not present at the meeting at which their application for Branch membership was considered the entry in the Branch membership roll shall be marked as provisional, and the applicant accorded no voting or candidacy rights unless and until the applicant has attended a Branch meeting, at which time the entry shall be altered from provisional to full. If the member does not attend a meeting within ninety three days of applying for Branch membership then the application shall lapse and the applicant required to reapply;

For purposes of the seniority requirements of these rules a member's commencement of Branch membership does not commence whilst the entry in the Branch membership roll is provisional;

Receipt of applications for membership of Branches shall be recorded in the minutes of the Branch, as shall all acceptances, rejections and deferrals.

(iv) New member fees and renewal fees may be paid to the local Branch provided the Branch advises the Secretary in writing of the date, amount and receipt number of each payment made on behalf of each member.

(b) Silent membership

(i) The Branch Secretary may accept as a member a person, whose name shall be known only to the Secretary but is to remain confidential and is not to be inscribed on the roll of party members. (ii) A member appointed under paragraph (baXi) is not entitled to vote in any ballot and is not entitled to stand as a candidate for pre-selection, unless and until that person's membership is approved by the Administrative Committee. (c) Appeals

In the event of a Branch rejecting an application for membership any appeal shall be directed to the Administrative Committee. Appeals against Administrative Committee decisions shall be heard by Territory Conference.

(d) Persons whose membership application has been rejected at one Branch may not apply for membership of another. Any purported membership confer red in this way is void.

(e) Life Membership:

Territory Conference may bestow life membership of the Party for outstanding service. Nominations for life membership shall be submitted only by an affiliated union, a Branch or the Administrative Committee and must comply with the following criteria and procedures.

(i) To be eligible for nomination a member must have been an active member of the Party for a substantial period of time.

(ii) Nominations for life membership shall include the background and history of service of the nominee. Nominations must be submitted to the Territory Branch Secretary by the same date as the close of agenda items for Territory Conference for consideration at Territory Conference.

(iii) Any nomination shall, in the first instance, be scrutinised by the Patty Officers and shall be

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refer

red to the Administrative Committee for a recommendation on whether that person is considered worthy of receiving a life membership.

(iv) Territory Conference may confer life membership only on those members who have been recommended by the Administrative Committee in accordance with this rule.

(f) Financial Membership

(i) For the purpose of these Rules a financial member is a member who has paid the fee prescribed under the Rules.

(ii) A member shall be deemed to have continuity of financial membership if the prescribed fee is paid before 31st March of the year after his or her last membership renewal was sent.

(iii) A member may transfer from one branch to another or from branch membership to direct membership by completing a transfer application form as set out in Schedule C of the rules and forwarding that application to the Secretary of the Territory Branch. Upon receipt of an application the Secretary of the Territory Branch shall alter the roll of members accordingly, and

forward written advice to that effect to the member concerned, the Secretary of the old branch and the Secretary of any new branch.

Upon receipt of written advice of the transfer, the Secretary of the old Branch shall alter their Branch Membership roll accordingly, and the Secretary of any new Branch shall enter the member's name in that Branch's Membership roll, with notation that the entry is provisional.

Upon attendance at a meeting of the new branch, the member's provisional membership of that Branch shall cease and full membership apply, and the Membership roll entry shall be altered accordingly.

(iv) A member may transfer from an interstate Branch upon written application to the Territory Branch Secretary, and upon receipt of such application the Territory Branch Secretary shall enter the name of the member in the roll of members, provisionally. Upon receipt by the Territory Branch Secretary of a clearance from the interstate Branch and a completed membership application form, the member's provisional membership shall cease and full membership apply, and the roll of members shall be altered accordingly.

(v) If a member is transferred into the Branch from another State or Territory Branch of the Party, his or her financial status is to be taken, for the purposes of the Territory Branch, to be transferred, except that if the membership is to expire other than at 31 December in a year, it is to be taken to expire at the next following 31 December. (vi) Membership tickets shall be issued to members by the Territory Branch Secretary. All tickets irrespective of the date of issue shall expire on 31st December of the year of issue.

(vii) A member who is admitted to membership in December shall be taken to be financial for the following year.

(viii) Any member who has not renewed their membership with the Territory Branch Secretary by 31st December of the year after their membership renewal was last sent shall cease to be a member.

(g) Resignation

A member may resign by lodging a written resignation with their Branch Secretary, or the Territory Branch Secretary.

2.2 Membership Rules

(a) All members shall uphold the principles of the Australian Labor Party and be bound by its Rules.

(b) All members and constituents of the Territory Branch shall use the channels of the Branch to secure alteration of the Rules, Platform and policies of the Territory Branch or any of its

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decisions.

(i) Any person who is a member of any other political party or who on any occasion aids or espouses the cause of any other political party shall be ineligible to be a member of the Party.

(ii) Any person who is a member of a proscribed organisation or who on any occasion aids or espouses the cause of a proscribed organisation shall be ineligible to be a member of the Party.

(iii) No person shall be admitted as a member or remain a member unless he or she is a financial member of the union affiliated with the ACTU covering his or her employment.

(c) No employer shall be eligible to become, or permitted or remain, a member of the Territory Branch unless his or her employees are encouraged to become members of their relevant unions affiliated to the ACTU and he or she observes award conditions.

(d) All members shall support pre-selected Parliamentary candidates.

(e) A member of the Territory Branch who lodges a nomination, or campaigns against an endorsed Territory Branch candidate shall automatically cease to be a member of the Territory Branch (provided that in special circumstances the Administrative Committee with the consent of the relevant Electoral College shall have authority to grant permission for a member to nominate

for a specific seat).

(f) Any person who has ceased to be a member of the Territory Branch through the operation of this Rule and wishes to again apply for membership must make a written application to the Administrative Committee seeking re-admission. The Administrative Committee shall hear the applicant in person and determine the application within 40 days of it being lodged with the

Territory Branch Secretary. A decision to admit such a person to membership must be carried by a two-thirds majority of those present and voting.

2.3 Affiliates

(a) All bona fide unions shall be eligible for affiliation by the Administrative Committee to the Territory Branch. In determining whether a union is "bona fide", the Administrative Committee shall have regard to the following criteria:

(i) The union must have at least ten (10) financial members resident in the Northern Territory; (ii) It must undertake to maintain support for the Platform and Rules of the Territory Branch; and (iii) It must have a formal structure in the Northern Territory.

(b) Each union affiliate shall forward to the Territory Branch Secretary not later than 28th February in each year a signed statement by an authorised officer of that union stating that it has a formal structure in the Northern Territory, and stating the number of financial members it has in the Northern Territory as at that date, and the number of those members who are women.

(c) Affiliates in their first year of affiliation must have submitted their application for affiliation at least six months before the date of Conference to be represented at that Conference.

(d) The Administrative Committee shall ratify any changes made to the Rules of non-union affiliates. The Administrative Committee shall satisfy itself of operational aspects of non-union affiliates through a process of consultation and assistance.

(e) The Administrative Committee may affiliate a body if it receives a request with the signatures of 10 members of the Territory Branch to do so.

(f) A body may only be and remain affiliated if its objects are, in the opinion of the Administrative Committee, complementary to those of the Territory Branch.

(g) The role of the Club is to support the Territory Branch, and to assist in fundraising.

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2.4 Fees

—Individual Members (from 1 July 2000 GST applied) (a) Annual Branch Membership fees shall be as follows :-Concessional (for unemployed and pensioners) $5.50 per annum

Taxable income of up to $22,000 $33.00 per annum

Taxable income of $22,001-$37,000 $49.50 per annum

Taxable income of $37,001-$52,000 $66.00 per annum

Taxable income of $52,001-$67,000 $82.50 per annum

Taxable income of $67,001 and over $126.50 per annum

(b) Direct members shall pay such fee as is set annually by the Administrative Committee, provided always that the fee shall not be lower than that of the appropriate Branch membership fee.

(c) In the first year of membership a fee of $22.00 will apply to all new members, or the concessional fee of $5.50 if eligible.

(d) Members who allow monthly deductions of $10 or more shall be deemed financial for all purposes of the Rules unless and until they cease payment before the amount of fees that they would otherwise have paid has been deducted.

2.5 Fees—Affiliates

(a) On affiliation, each affiliate shall pay $30.00 to the Administrative Committee.

(b) On or before 15 April each year, each Affiliate shall pay to the Administrative Committee $30.00, plus an amount determined by multiplying the total financial membership of the affiliate (as advised in Rule 2.3 (b)), multiplied by the sum of $2.25 indexed to the increase in the Australian Consumer Price Index since 1996.

(c) Where an affiliate pays fees on a monthly basis, a ten percent discount shall apply.

(d) In respect of the fees due on 15 April 1996, fees shall be calculated on the basis of $2.03 in lieu of $2.25.

2.6 Sustentation Fees—Branches

(a) On establishment, each Branch shall pay $30 to the Administrative Committee. (b) On or before 15 April each year, each Branch shall pay $45.00 to the Administrative Committee, plus $30.00 for each member of the Branch, based upon the total membership of the Branch during the previous year, except that for any member who is paying a concessional fee the

Branch shall only be required to pay the amount of that member's concessional fee.

(c) For purposes of calculating the fees payable by a Branch, the Territory Branch Secretary shall forward to each Branch Secretary before 15 March a statement itemising, according to Territory Branch records, the amount payable according to rule 2.6(b) hereof, the amount received in fees from renewing members of that Branch for the year to 28 February, amounts owing to or owed by the Branch, and the amount consequently owed to or owed by the Branch in satisfaction of the

requirements of rule 2.6(b).

(d) Where the Branch disputes any of the amounts set out in the statement, unless dealt with and determined by the Administrative Committee prior to Conference, or by Conference, the Branch credentials shall be presented to Conference on the basis of the Branch calculations as to satisfaction of Rule 2.6(b).

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3. TERRITORY CONFERENCE

Territory Conference is the Territory Branch's supreme governing body and its decisions are binding upon all constituent units of the Territory Branch.

3.1 Meetings of Conference

Conference meets every alternate year, in Darwin, on the first long weekend in June, except where the Administrative Committee, in exceptional circumstances, alters the date or postpones the Conference. The Administrative Committee shall not postpone a conference for longer than six

months.

3.2 Composition

Conference shall be composed of: (a) Credentialed delegates from those affiliated unions which are financial;

(b) Credentialed delegates from Branches which are financial;

(c) The Leader and Deputy Leader of the Northern Territory Parliamentary Labor Party; (d) Northern Territory Members of the Federal Parliamentary Labor Party; and (e) Credentialed delegates from Labor Women and Young Labor.

3.3 Union Representation

The total number of union delegates credentialed to Conference shall be equal to the number of Branch delegates. For the purpose of establishing and maintaining such equality, the following provisions shall apply:

(a) Each union shall be entitled to representation at Conference on the following basis:

(i) a base of two (2) delegates;

(ii) where a union has greater than 100 members, for each 250 members or part thereof a further one delegate with a maximum of fifteen delegates.

(b) The Credentials Committee established under Rule 3.9 shall have the responsibility for calculating and advising the Conference of the weighting factor to be applied , to votes cast by unions to ensure equality. The number arrived at shall be rounded off to the nearest whole

number to arrive at the number of votes for each union. The Credentials Committee shall apply the weighting factor so as to achieve as nearly as possible an eventual equality of union votes with Branch votes. Where a union can exercise more than 1 vote per delegate, each union shall determine the number of votes each delegate may exercise.

(c) For the avoidance of doubt any delegate may call for a ballot vote on any issue, and provided the delegate is supported by ten or more delegates, the Conference shall proceed immediately to a ballot vote.

(d) Labor Women and Young Labor shall have representation on the same basis as Branches, but shall not be counted for the purpose of determining equality of votes between unions and branches.

3.4 Branch Representation

(a) Each Branch shall elect delegates to conference at its Annual General Meeting. Branch. delegates shall be elected by secret ballot. Each Branch shall elect and be entitled to the number of Conference delegates specified hereunder: .

for every ten members or part thereof one delegate.

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(b) Branches in their first year of establishment must notify the Territory Branch Secretary at

least six months before the date of Conference of their proposed establishment, and have held their first meeting three months before the date of Conference, in order to be represented at that Conference.

3.5 Political Representation

(a) The Leader and Deputy Leader of the Northern Territory Parliamentary Labor Party shall be delegates to Conference.

(b) All Northern Territory members of the Federal Parliamentary Labor Party shall be delegates to Conference.

(c) Each of the members of the Parliament entitled to be represented at Conference shall exercise two (2) votes provided that the total parliamentary vote shall at no time exceed 6 per cent of the total of exercisable votes at any Annual Conference.

3.6 Qualification of Delegates

(a) All delegates to Conference must have been financial members of the Australian Labor Party for twelve months prior to Conference, except in the case of new Branches where this provision shall not apply.

(b) Each Affiliate and Branch must have paid its fees to the Administrative Committee by 15 April in order to exercise its votes at Conference.

3.7 Agenda

(a) The following shall be entitled to submit items for the consideration of Conference: (i) Affiliated Unions;

(ii) Branches;

(iii) Labor Women and Young Labor;

(iv) Administrative Committee;

(v) Northern Territory Parliamentary Labor Party;

(vi) Northern Territory Members of the Federal Parliamentary Labor Party;

(vii)Standing Committees;

(b) The Territory Branch Secretary shall, not less than 90 days prior to Conference, invite constituent units to submit items for the Agenda, such items to be forwarded to the Secretary not less than fifty days after the notification by the Secretary. Copies of agenda items received shall be forwarded by the Territory Branch Secretary to sections not less than 36 days prior to Conference.

(c) Conference shall not receive a report from a policy co mmittee unless there has been at least three quorate meetings of that Committee.

3.8 Credentials

(a) The Administrative Committee shall establish a Credentials Committee prior to Conference. (b) All bodies represented at Conference shall lodge with the Territory Branch Secretary the names and addresses of their delegates and proxy delegates by 15 April each year. These names and addresses shall be available for inspection by any nominated delegate prior to Conference.

(c) Any nominated delegate may challenge the credentials of any nominated delegate or proxy by lodging with the Territory Branch Secretary the grounds of objection prior to the close of business on the day preceding the first day of Conference. The objection shall be relayed to the delegate by the Territory Branch Secretary as soon as practicable.

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(d) Before the commencement of Conference the Credentials Committee shall meet, hear any

challenges and review the credentials of all delegates. The Credentials Committee shall then move to determine the balance between Affiliates and Branches and establish the weighting factor to be utilised in the determination of affiliate votes in Rule 3.3 At the commencement of Conference the Credentials Committee shall present its report and Conference shall either accept or reject it in whole or part.

3.9 Resolutions

(a) Decisions of Conference are equally binding on all members of the Territory Branch whether determined as items of Platform or as resolutions of Conference. However, resolutions of Conference which relate to matters of policy lapse if they are not re-affirmed by the subsequent annual Conference.

Resolutions of Conference which relate to organisational, administrative or Rules matters continue in force until a subsequent Conference determines otherwise.

(b) The Territory Branch Secretary shall maintain a register of all resolutions of Territory Conference so that their currency can be assessed by the Administrative Committee when preparing the agenda for Territory Conference.

3.10 Quorum

The quorum for a meeting of Territory Conference shall be the presence of delegates entitled to exercise more than half the total votes credentialed to be exercised at that Conference.

3.11 Elections by Conference

(a) The following officers and bodies shall be elected by Territory Conference: (i) the members of the Administrative Committee specified in paragraphs (vii) and (viii)(A) of clause 4.2;

(ii) National Conference Delegates;

(iii) Advisory Council convenors;

(iv) Disputes Committee;

(v) Returning Officer and Deputy Returning Officer; (vi) Standing Committees.

(b) Conference shall annually elect 10 members of Conference as Conference electoral college members.

(c) No member shall be eligible for election to the above positions until they have been a continuous financial member for a period of twelve months.

(d) Nominations for positions elected by Conference must be lodged with the Returning Officer by 5 pm seven days prior to the commencement of Conference. Nominations for Returning Officer must be lodged with the Territory Branch Secretary.

3.12 Special Territory Conference

(a) Special meetings of Conference may be called by the Administrative Committee at any time. The place and time of such Conference shall be fixed by the Administrative Committee and not less than one month's notice shall be sent to all constituents together with notices setting out the purposes of the special Territory Conference.

(b) Representation at the Conference shall be as for Territory Conference in accordance with Rule 3.3, 3.4 and 3.5.

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(c) A special Conference shall be limited to discussion and determination of the matter, or

matters, for which the Conference was convened.

3.13 Proxy Voting

(a) A delegate from a Branch or affiliate may exercise his/her own vote plus the votes of up to two other delegates.

(b) Any delegate to Conference may allow a proxy accepted by the credentials committee in accordance with rule 3.6 to partake in debate and exercise a vote on his/her behalf by submitting a written authority to the chair.

(c) Proxy delegates shall conform to the same eligibility requirements as delegates.

(d) Affiliated unions may determine their own procedure for the appointment of proxies.

3.14 Travel Pool

The Administrative Committee shall establish and administer a fund to subsidise the attendance of delegates from remote areas. The Administrative Committee shall be able to levy a fee on all delegates for this purpose.

4. ADMINISTRATIVE COMMITTEE

4.1 Functions, Duties and Powers The functions, duties and powers of the Administrative Committee are to: (a) administer the day-to-day affairs of the Ter ritory Branch;

(b) formulate, after every conference, a strategic plan and associated business plans, for the purpose of furthering the objects of the Territory Branch; (c) at its first meeting after Conference, determine portfolios and appoint members of the Administrative Committee to portfolios;

(d) report to Conference on achievement of the strategic plan and business plans; (e) give effect to decisions of Conference; (f) organise meetings of Conference and present to Conference a report on the activities of the Territory Branch and properly audited financial statements in relation to the Branch; (g) manage the financial affairs of the Territory Branch including waiver of membership fees in

appropriate circumstances; (h) hold, manage and dispose of the property of the Territory Branch (other than property transferred to Harold Nelson Holdings Pty Lid) as its trustees, including by borrowing, loaning, mortgaging and providing security as it thinks fit; (i) assume control of the property of a Branch if the Branch ceases to exist; (j) appoint a qualified auditor to scrutinise the financial affairs of the Territory Branch;

(k) appoint office staff, including a paid Territory Branch Secretary, and determine the conditions of employment, as required; (1) supervise the work of the Territory Branch Secretary; (m) interpret the rules, Platform and policies of the Territory Branch, but such a decision lapses if

it is not ratified by an absolute majority of votes exercisable at the next following Conference; (n) propose amendments to the Rules, Platform and policies of the Territory Branch, receive from all constituent units of the Territory Branch motions proposing such amendments and

to refer all such motions to the relevant policy or other committee or, if it thinks the matter is urgent, to Conference; .

(o) appoint, as it thinks fit, standing committees, other committees and Advisory councils;

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(p)

review the activity of Platform and other Standing Committees and where necessary and acting with the authority of Conference, replace members of Committees who are not contributing effectively to the work of the Committee.

(q) appoint Campaign Committees as it thinks fit and supervise the conduct of elections for Legislative Assembly and the Australian parliament; (r) approve or disallow the establishment of Branches and amalgamate or dissolve Branches; (s) approve or disallow the affiliation of an affiliate, and to make rules approving the affiliation

of non-union bodies and to ratify rules of non-union affiliated bodies; (t) endorse or reject applications for membership of the Territory Branch; (u) be responsible for publicity, including publications and journals; (v) initiate the pre-selection of parliamentary candidates for the Legislative Assembly and the

Australian parliament; (w) endorse all selected candidates for the Legislative Assembly and the Australian parliament; (x) select candidates where in the opinion of the Administrative Committee the application of

the preselection process would be inappropriate or impractible; (y) fill casual vacancies as they arise in positions specified in rule 3.11; (z) perform the other functions imposed on it by or under these Rules; and (zz) exercise other powers necessary to perform its functions and exercise its powers and to

ensure the efficient, effective and accountable administration of the Territory Branch.

4.1A Reporting Requirements (a) The Administrative Committee members with portfolio responsibility are to report to the Administrative Committee via the President, each 6 months and before Conference, about the implementation of the strategic plan in relation to their portfolio; (b) The Vice President is to report to the Administrative Committee via the President, quarterly

on the achievement of the Affirmative Action Plan. (c), The President is to consider reports provided under rule 9.0A. and to report (i) in writing, each 6 months after Conference, to branches and affiliates, on -(a) implementation of the strategic plan,

(b) actions taken to advance the objects of the Territory Branch (c) activity by Advisory Councils and Regional Consultative Forums. (ii) to Administrative Committee, each quarter after Conference, about the activities of the Executive.

(iii) to Conference, about the implementation of the strategic plan including portfolio activities, platform committee work and the activities of the Administrative Committee.

4.2 Composition (a) The Administrative Committee consists of: (i) the President, who shall be elected by a plebiscite of all members with 12 months continuous financial membership;

(ii) the leader of the Northern Territory Parliamentary Labor Patty; (iii) one representatives of the Northern Territory Parliamentary Labor Party; (iv) one Northern Territory representative from the Federal Parliamentary Labor Party; (v) one regional member elected by members with 12 months continuous financial

membership and resident in Area I as specified in Part A of Schedule H; (vi) one regional member from each of three regions specified in Schedule F and elected by members with 12 months continuous financial membership and resident in the respective areas specified in Schedule F;

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(vii)

two members of affiliated unions who are nominated by the affiliated unions;

(viii)six members of the Patty, elected by Conference; (ix) a Branch Secretary, -(a) elected by Conference, with full speaking and voting rights; or (b)appointed by the Administrative Committee and remunerated, with speaking

rights, but not voting rights; (x) one member of the Party who is nominated by Young Labor, and (xi) one member of the Party who is nominated by Labor Women.

(b) The Officers of the Territory Branch are the President, the Vice President and the Branch Secretary, unless rule 1.8(d) applies, in which case the Secretary will not be an Officer of the Territory Branch.

4.3 Casual Vacancies

(a) Vacancies occurring in the positions referred to in Rule 3.11 and Rule 4.2 shall be filled by a ballot of the Administrative Committee, from those persons who have been a financial member of the Territory Branch for at least twelve months.

(b) The person elected shall hold office for the remainder of the term of the position.

(c) Notwithstanding any other rule the Administrative Committee shall elect a person to fill a casual vacancy by selection of a person who, as closely as possible represents or has the values, aspirations or beliefs of the previous member having regard to the spectrum of views within the Territory Branch and the need to promote unity and stability within the Territory Branch.

4.4 Meetings

(a) The Administrative Committee shall meet as soon as practicable after Branch Conference, and qaurterly each year at such times and places as decided by the President, or on written request of any four members of the Committee.

(b) All members shall be informed by the Territory Branch Secretary at least one week prior to a meeting of the meeting time and venue and the proposed agenda items relating to that meeting,.

(c) Members resident outside of a radius of more than 100 kilometres of the Darwin GPO shall be entitled to claim reimbursement for reasonable expenses incurred in attending one meeting per annum.

(d) If a member fails to attend three consecutive meetings of the Administrative Committee, without the prior leave of the Committee, their position shall be declared vacant and treated as a casual vacancy. A member who participates in the meeting by telephone hook-up or like means shall be considered to attend the meeting.

(e) The quorum for a meeting of the Administrative Committee is half of those members eligible to vote.

(f) Committee members who are outside the Darwin area at the time of an Administrative Committee meeting shall be eligible to cast a vote by telephone on any matter provided that a member requests such a vote prior to or during the meeting. Such a telephone vote must be cast with the Territory Branch Secretary by no later than 4.00 pm on the next ordinary working day.

(g) A member of the Administrative Committee may, before a meeting of the Administrative Committee, give his or her proxy vote at that meeting, by advising the NT ALP Branch Secretary in writing of the name of the nominated proxy.

(h) The Territory Parliamentary Leader and Caucus Representative may only proxy, in writing, to another Caucus Member and Federal Labor Parliamentary Caucus representative may only proxy, in writing, to another Territory based Federal Labor Parliamentary Caucus Member.

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4.4A Executive

4.4A.1 Functions, Duties and Powers The Executive has those functions of the Administrative Committee that are delegated to it from time to time by the Administrative Committee, other than the functions specified in paragraphs (h), (i), (k), (p), (r), (s), (v), (w) and (x) of rule 4.1.

4.4A.2 Composition The Executive comprises: (a)the President; (b) a Vice President who is a member elected under paragraph (d) and is elected as Vice-President by and from the members of the Administrative Committee; (c)the Territory Branch Secretary; (d) four members elected by and from the Administrative Committee.

4.4A3 Meetings (a) The Administrative Committee shall, at its first meeting after Conference, appoint under rile 4.4A.2 (d) members of the Committee to comprise the Executive.

(b) The Executive is to meet at least once each month at the times and places decided by the President, or on written request of any 3 members of the Executive. (c) Rules 4.4(b), (c), (d) and (f) apply to members of the Executive as if a reference in the clause to the Administrative Committee or the Committee were a reference to the Executive.

(d) A member of the Executive may, in writing delivered to the President or before an Executive meeting, give his or her proxy vote at the meeting but only to another member of the Administrative Committee.

(e) The quorum for a meeting of the Executive is four members.

4.4A4 Relationship to Administrative Committee (a) The Executive is to report to the Administrative Committee the decisions of the Executive, before the next meeting of the Administrative Committee.

(b) The Executive must carry out a direction given to it by the Administrative Committee.

4.5 Appeals

(a) Decisions of the Administrative Committee may be overturned by Conference, provided that the Administrative Committee decision shall be binding until altered by Territory Conference.

(b) Decisions of the Executive Committee are binding, but may be overturned or altered by a simple majority decision of the Administrative Committee..

5A. TERRITORY BRANCH SECRETARY (a) The functions of the Territory Branch Secretary are as specified elsewhere in these Rules. (b) Subject to rile 1.8(d), a person is to be elected at Conference to be Territory Branch Secretary.

(c) The Territory Branch may employ a Secretary and remunerate him or heron the terms and conditionsdetemiined by the Administrative Committee.

(d) If the Territory Branch Secretary is employed by the Territory Branch, he or she does not have voting rights at a meeting of the Administrative Committee or Executive.

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5. COMMITTEES

5.1 Standing Committees (a) Conference or failing its action, the Administrative Committee, may from time to time establish Standing Committees including a Rules Committee and set Rules for the operation of those committees.

(b) Each Standing Committee shall be convened by the Administrative Committee or nominee.

(c) Standing Committees shall keep minutes of all meetings and provide a copy within 2 weeks of the meeting.

(d) The NTALP leader shall be entitled to nominate up to two members of the Parliamentary Party as ex officio members of each committee.

5.2 Disputes Committee

Functions, duties and powers. (a) There shall be a Disputes Committee, elected every alternate year by and from Conference.

(b) No member of the Administrative Committee shall be a member of the Disputes Committee.

(c) Any member of the Territory Branch may make a complaint concerning an alleged breach of the Rules or conduct alleged to be prejudicial to the Party. All complaints shall be in writing and lodged with the Territory Branch Secretary.

(d) At least two weeks before the Disputes Committee meeting, the Territory Branch Secretary shall write to the member complained of, setting out the details of the complaint.

(e) The Disputes Committee shall within forty days of the referral, hear and determine all matters referred to it which relate to an alleged breach of the Rules or conduct alleged to be prejudicial to the Party

(f) The member complained of shall have the right to appear and be represented at the Disputes Committee. The Committee shall comply with the principles of natural justice.

(g) If it finds the complaint proven, the Disputes Committee may recommend to the Administrative Committee that:-(i) take no further action,

(ii) reprimand the member,

(iii) expel the member from the Territory Branch,

(iv) it take such further action as it considers appropriate.

(h) On receipt of a recommendation from the Disputes Committee, the Administrative Committee must consider and make a determination on that recommendation at its next ordinary meeting.

Any member who is directly affected by a decision of the Disputes Committee may appeal to the Administrative Committee, whose decision shall be binding until the next Territory Conference. Any member may avail themselves of their appeal rights under the National Rules.

53 Campaign Committees (a)The Administrative Committee may appoint members of the Party and others to a Campaign Committee.

(b) The Administrative Committee is to appoint members of a Campaign Committee after calling for and considering expressions of interest from members of the Party.

(c) The function of a Campaign Committee is to plan and organise and conduct election campaigns.

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(d) The Administrative Committee shall determine the powers and duties of a Campaign Committee and

the allocation of financial and other resources to the Committee.

6. BRANCHES

6.1 Establishment (a) To form a new Branch on the application of a member the following procedure must be followed:

(i) Application to form a Branch must be made in writing to the Administrative Committee by the person or persons initiating the formation.

(ii) The names, addresses and signatures of at least 10 persons eligible to be members of that Branch must accompany any application to form a Branch.

(iii) The Administrative Committee must decide on the application within 40 days of its receipt. Any decision to approve the formation must be passed by a two-thirds majority of the Administrative Committee.

(iv) Upon approval being given those initiating the application shall be notified by the Territory Branch Secretary. The Territory Branch President or any other member of the Administrative Committee shall attend the inaugural meeting.

(b) No Branch formed less than 6 months prior to an annual Conference can send delegates to that Conference.

(c) The Administrative Committee may, at the request of 2 or more Branches, approve of their amalgamation and the establishment of a new Branch in their stead (in a new name or the name of one of the former Branches), if the Administrative Committee is satisfied that it would be in the best interests of the Territory Branch to do so.

(d) The Administrative Committee may amalgamate 2 or more Branches, without the approval of those Branches, if satisfied that it is in the best interests of the Territory Party to do so.

(e) A member or members of a branch that has been amalgamated under paragraph (be) may, in writing appeal against the amalgamation to -(i)the Disputes Committee by lodging a written complaint with the Territory Branch Secretary; and

(ii) Conference.

(f) Rule 5.2, other than paragraphs (c) and (e), applies in relation to an appeal under paragraph (bdXi).

(g) The Disputes Committee is to determine an appeal under this rule within 40 days of the appeal being lodged. (h) Branches may be disbanded by two-thirds decision of the Administrative Co mmittee where it can be clearly demonstrated that the Branch is no longer functioning or that it is acting contrary to the interests of the Territory Branch

6.2 Boundaries—Deleted November 2000

6.3 Amalgamation—Deleted November 2000

6.4 Duties of Branches

It shall be the responsibility of the Branch to: (a) Enrol and organise members.

(b) Advance the cause of Labor and to take action as is in the interests of the Party, including organising for elections in conjunction with other Branches and Campaign Co mmittees to which they are assigned by the Administrative Committee.

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(c) Elect delegates to the Annual Conference.

(d) a Branch shall (i) if requested to do so by the Administrative Committee— report to the Administrative Committee on its activities and finances; (ii) keep minutes of Branch meetings and attendance at them;

(iii) keep proper financial records as required under nile 6.7 (iv) comply with these Rules.

6.5 Branch Meetings and Activities

(a) Branches where possible shall meet at least once in each month, but no less than once in each three months.

(b) Branch meetings may be conducted in accordance with the standing orders in Schedule A to these Rules, as the Branch thinks fit." (c) The quorum for Branch meetings is five members except where the Administrative Committee has otherwise allowed.

(d) Branches shall determine the nature and timing of their implementation of the Active Branch Charter set out in the Schedules of these Rules, with a view to adoption to the Charter completely by each Branch, in due course.

(e) Attendance at a Branch meeting which is held in regions A or B as described in Schedule F may be by electronic means.

(f) Attendance at Branch meetings held outside of region A or B as described in Schedule F may, with the approval of the Administrative Committee, be by electronic means.

6.6 Special Meetings

(a) If five members of a Branch request the Branch Secretary in writing to call a special meeting the Secretary must call that meeting and notify Branch members in writing 7 days before the meeting. If the Secretary fails to call a meeting within 14 days of the member's request those members must report the Secretary's failure to the Administrative Committee.

(b) The special meeting can only deal with the matters stated in the request for the special meeting.

(c) The Branch Executive can call a special meeting and must do . so if the Territory Branch Secretary asks. The Branch Secretary must give notice of the meeting except in cases of emergency.

6.7 Branch Finances

(a) All Branches shall make a return annually of their assets and liabilities, income and expenditure, in a form approved by the Administrative Committee. Such returns shall be submitted to the Administrative Committee. The assets of local Branches shall at all times be the property of the Territory Branch.

(b) The Signature of the Treasurer, countersigned by another member or members authorised for that purpose by the Branch is required to operate a bank account. (c) Branches are responsible for creating and paying all debts arising out of or in connection with the election campaign for which they are responsible as a Branch, unless the Administrative

Committee resolves otherwise. Branches may arrange with candidates (which arrangement must be documented) that the candidate will pay some or all of the debts (in which case the payment is by way of donation to the Branch), or guarantee the debts of the Branch.

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6.8 Branch Officers

(a) The Officers of the Branch are a President, two Vice-Presidents and a Secretary-Treasurer or Secretary and Treasurer and such other officers as the Branch considers necessary.

(b) The Branch shall by resolution divide responsibilities between officers of the Branch.

6.9 Branch Ballots

(a) Branch ballots to elect officers of the Branch and Conference delegates shall be conducted at the Annual General Meeting of the Branch which shall be held by the 15th April each year except, in special circumstances, at another time approved by the Territory Branch Secretary.

(b) All ballots shall be conducted in the following manner:

(i) A Returning Officer shall be appointed by the Branch at least one month before the Annual General Meeting.

(ii) Nominations for all positions shall be called no later than 21 days before the Annual General Meeting. All Branch members shall be notified in writing of the opening and closing of nominations.

(iii) Nominations shall close at midday on the day of the Annual General Meeting.

(iv) Where no nominations have been received for a vacancy, or insufficient nominations for multiple positions have been received, the Branch may by resolution or ballot, fill the vacancy at the Annual General Meeting.

(v) The Returning officer shall conduct a draw for the position which each candidate shall occupy of the ballot paper.

(vi) Ballot papers shall be prepared following the conduct of the draw and shall be signed by the Returning officer prior to distribution.

(vii)Voters shall be financial prior to the commencement of voting at the AGM in March and have at least three months continuous membership of that Branch prior to the elections and have attended three meetings of that Branch as a member of that Branch in the last twelve (12) months and be a member of that Branch at the AGM.

(viii) The ballot shall be conducted in accordance with Schedule "B" and 1.9 (a) of these Rules.

(ix) Any dispute arising at any stage during the process of the ballot or from the conduct of the ballot shall be referred to the Disputes Committee. Such complaints must be made immediately following the alleged irregularity or dispute.

(x) Any variation from the above procedure must first gain the approval of the Administrative Committee.

(c) All officers must be financial members of the Branch and eligible to vote at the Annual General Meeting.

(d) Should any vacancy occur either by death, resignation or otherwise, such casual vacancy shall be filled by the Branch by the same method of election as described in this Rule. Any member elected to the casual vacancy shall hold office for the unexpired portion of the term only. All officers shall be eligible for re-election.

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6.10 Appeals

Appeals against decisions and rulings of Branches may be made to the Disputes Committee.

7. PARLIAMENTARY MEMBERS

7.1 Selection of Candidates (a) All candidates for Parliamentary Office shall be selected in accordance with Schedule "E" of these Rules.

(b) All candidates for Parliamentary Office shall sign a nomination form and Pledge in the terms set out in Schedule "E" of these Rules

7.2 Parliamentary Labor Party

(a) Members elected to the NT Parliament under the auspices of the Australian Labor Party (NT Branch) shall form a distinct Parliamentary Labor Party.

(b) No member of Parliament other than an endorsed member of the Australian Labor Party (NT Branch) shall be admitted to membership of the Parliamentary Labor Party.

(c) The Leader and Deputy Leader of the Parliamentary Labor Party shall be elected by members of the Parliamentary Labor Party.

(d) Ministers in a Labor Government shall be elected by the members of the Parliamentary Labor Party.

(e) The Leader and Deputy Leader of the Parliamentary Labor Party shall be responsible for the compilation of the policy speech. The speech shall be subject to the endorsement of the Administrative Committee.

(f) The members of the NT Parliamentary Labor Party shall have authority, in properly constituted Caucus meetings, to make decisions towards establishing the collective attitude of the Parliamentary Labor Party to any question or matter in the Northern Territory subject to:

(i) at all times taking such action which may be possible to implement the NT Branch's Platform and Conference decisions;

(ii) on questions or matters which are not subject to Platform or Conference or Administrative Committee decisions that majority decision of Caucus being binding upon all members in the Northern Territory Assembly; and

(iii) no attitude being publicly expressed which is contrary to the provisions of the Federal and Northern Territory Branch Platform or any other decision of the Annual Conference or Administrative Committee.

7.3 Levies

All Parliamentary representatives shall pay the Administrative Committee monthly an amount calculated at five percent of their gross monthly salary, not including allowances. The payment of the levy shall be a condition of eligibility to again be pre-selected.

8. HAROLD NELSON HOLDINGS PTY LTD

Harold Nelson Holdings Pty Ltd. shall be the holder and trustee of such funds as may be transferred to it by the Territory Branch or as may be donated to it, and shall hold such funds and property upon trust for the purposes of the Branch generally. The trust shall be administered in the following manner.

(a) The Directors of Harold Nelson Holdings Pty Ltd shall be the persons from time to time holding the offices of Territory Branch President, V/President, Secretary and V/President (Finance).

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(b)

Shares in Harold Nelson Holdings Pty Ltd are to be held by the persons holding the offices of Territory Branch President and Secretary and such persons shall execute declarations of trust in relation to such shares for the benefit of the Territory Branch.

(c) The trustees shall have discretion to pay the income of such funds and property to Territory Branch members or for the purposes of the Territory Branch, or to accumulate the income.

(d) Income accumulated shall be added to capital.

(e) The trustees shall have discretion to distribute pay or otherwise appoint capital of the trust to Party members or for the purposes of the Territory Branch only with the prior authority of a Territory Conference resolution passed by a two-thirds majority of those present and voting.

(f) The trustees shall have powers of investment and management of such funds and property provided that such investment and management is in accordance with the Territory Branch's Platform and Rules.

(g) The trustees shall each year report to annual Conference on the financial performance during the preceding financial year of the funds and property held by it and on the details of the investments held.

9.A. ACCOUNTABILITY (a) The Administrative Committee is to implement its strategic plan made under Rule 4.1(b).

(b) The President is to monitor the strategic plan made under rule 4.1(b) (i) The President is to be given reports -(a) by Administrative Committee members with portfolio responsibility, each 6 months and immediately before Conference, about the implementation of the strategic plan in relation to their portfolio; (b) by the Vice President, quarterly after Conference and immediately before Conference, in relation to affirmative action;

(c) by Caucus, each 6 months after Conference and once before Conference, in relation to caucus activity including policy and platform development.

(ii) The President is to report, -(a) in writing, each 6 months after Conference, to branches and affiliates, on -(i) implementation of the strategic plan, (ii)actions taken to advance the objects of the Territory Branch

(iii)activity of Advisory Councils and Regional consultative Forums.

(b) to the Administrative Committee, each quarter after Conference, about the activities of the Executive.

(c) Conference, about the implementation of the strategic plan including portfolio activities, platform committee work and the activities of the Administrative Committee. (c) The Administrative Committee is to be given reports by -(i) Platform Committees, every three months after Conference, about activity, including

meetings and attendance; (ii)the President, each quarter after Conference, about the activities of the Executive, (iii)convenors of Advisory Councils, every three months after Conference, on Advisory Council activities; (iv) Caucus every six months after Conference as to Regional Consultative Forums activity.

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9. MISCELLANEOUS

9.1 Changes to these Rules These Rules may be amended by Conference. Amendments must be carried by a two thirds majority of votes of Credentialed delegates. Any amendment comes into force at the conclusion

of Conference or at such time as Conference determines.

9.2 Financial Year

The Territory Branch's financial year shall be from 1 July to the next succeeding 30 June.

9.3 Commencement

These Rules will come into effect immediately except for the proposed rules dealing with Northern Territory Legislative Assembly preselection procedures which will come into effect at the close of the 2001 Conference of the Northern Territory Labor Party.

9.4 Validity of Previous Rules

The coming into operation of these Rules does not affect the validity of anything done under the previous Rules except as expressly provided by those Rules.

9.5 Validity of Elections

Where it is subsequently-discovered that there has been a defect in the calling and/or conduct of any election held under these Rules, the decision taken by the person or body so elected shall be deemed to be valid, notwithstanding the defect.

9.6 Standing Orders

The Standing Orders of the Territory Branch are those set out in Schedule A to these Rules. Where Schedule A is silent the Standing Orders used for National Conference apply.

9.7 Office

The Administrative Committee is responsible for location of the Territory Branch's Office.

9.8 Public Officer

The Territory Branch President is the Territory Branch's Public Officer, and must act for the Territory Branch as the Administrative Committee directs.

9.9 Non-Profit

The assets and income of the Branch shall be applied solely in furtherance of its above mentioned objectives and no portion shall be distributed directly or indirectly to the members of the organisation except as bona-fide compensation for services rendered or expenses incurred on behalf of the Branch.

9.10 Winding Up

If upon winding up or dissolution of the Branch there remains, after satisfaction of all its debts and liabilities any property whatsoever, the same shall not be paid to or distributed amongst the members but shall be given or transferred to some other institution or institutions which is or are

itself or themselves non profit organisation(s) and which has/have similar aims and objectives to the NT Branch of the Australian Labor Party.

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SCHEDULE

A - STANDING ORDERS

1. ORDER MAINTAINED BY CHAIR Order shall be maintained by the Chair.

2. SPEAKER STANDING

Whenever the Chair rises during a debate, any person speaking or offering to speak shall sit down and the meeting shall be silent so that the Chair may be heard without interruption.

3. ADDRESSING THE CHAIR

Every person desiring to speak shall rise and address him/herself to the Chair.

4. NO INTERRUPTION

No person shall convene aloud or make any noise or disturbance which in the opinion of the Chair is designed to interrupt or has the effect of interrupting another person speaking.

5. ANOTHER PERSON CALLED TO SPEAK

When two or more persons rise together to speak the Chair shall call upon the person who, in his/ her opinion, first rose in his/her place, but it shall be in order to move that any member who has risen "be now heard", or "do now speak", and such question shall be put forthwith and determined without amendment or debate.

6. ONE SPEECH ONLY

No person shall speak twice to a question before the meeting, except in explanation or reply.

7. EXPLANATION OF SPEECH

A person who has spoken to a question may again be heard to explain him/herself in regard to some material part of his/her speech which has been misquoted or misunderstood, but shall not introduce any new matter, nor interrupt any person addressing the Chair, and no debatable matter

may be brought forward nor may any debate arise upon such explanation.

8. RIGHT OF REPLY

A reply shall be allowed to a person who has moved a substantive motion and the reply shall be confined to matters raised during the debate. No reply shall be allowed to a person who has moved an amendment.

9. REPLY CLOSES DEBATE

In all cases the reply of the mover of the original question shall close the debate.

10. PERSONAL EXPLANATION

Having obtained leave from the Chair, a person may explain matters of a personal nature, although there be no question before the meeting, but such matters may not be debated.

11. NO PERSON TO SPEAK AFTER DECISION GIVEN

No person may speak to any question after the same has been put by the Chair and the voices or vote have been given in the affirmative or negative thereon.

12. CHAIR TO INTERVENE

When any offensive or disorderly words are used, whether by a person who is addressing the Chair or by a person who is present, the Chair shall intervene.

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13. CHAIR TO DETERMINE

When the attention of the Chair is drawn to words used, he/she shall determine whether or not they are offensive or disorderly.

14. DIGRESSION FROM SUBJECT

No person shall digress from the subject matter of any question under discussion.

15. INTERRUPTION OF PERSON

No person may interrupt another person speaking unless:

(a) to call attention to a question of order suddenly arising;

(b) to call attention to the want of a quorum;

(c) to move a closure motion.

16. PERSON TO DISCONTINUE SPEECH

The Chair, after having called the attention of the meeting to the conduct of a person who persists in irrelevance or tedious repetition, either of his/her own arguments or of the arguments used by other persons in debate, may direct him/her to discontinue his/her speech, provided that such person shall have the right to require that the question whether he/she be further heard be put and thereupon such question shall be put without amendment or debate.

17. NO DEBATE PERMITTED

(a) The following questions are not open to debate and shall be put without argument or opinion offered and without amendment:

(i) question that a person "be now heard", "be further heard", "be not further heard", "be granted an extension of time".

(ii) question "that the question be now put"

(iii) question "that the ruling of the Chair be dissented from"

(iv) question "that a person be suspended".

(b) A person moving the motion "that the debate be adjourned" may briefly state his/her reasons for so moving and an opportunity to speak briefly in rebuttal may be given to one other person.

(c) Should any of these questions be negatived no similar proposal shall be received if the Chair is of the opinion that it is an abuse of the order or practice of the Branch or is moved for the purpose of obstructing business.

18. MOVER OF ADJOURNMENT OF DEBATE

A person who has not spoken to the question or who has the right of reply may . move the adjournment of the debate, which question shall be put forthwith and determined without amendment or debate, subject to the provisions of Standing Order 17. If the question is resolved in the affirmative, the debate shall be adjourned.

19. ADJOURNMENT OF DEBATE

Upon a debate being adjourned a motion may be made to appoint a time for its resumption and the debate thereupon shall be strictly limited to the choice of date. The debate may be adjourned either to a later hour of the same day or to any other day.

20. ADJOURNMENT NOT TO BE MOVED BY PERSON SPEAKING

It is not competent for a person to move, whilst speaking to a question, the adjournment of the debate.

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21.

IF MOTION BE NEGATIVED

In the event of a motion for the adjournment of the debate upon any question being negatived, the person who moved the motion for such adjournment may speak in debate on the original question at a later time during such debate.

22. SPEECH TIME LIMITS

The maximum period for which a person may speak on any subject indicated in this Standing Order and the maximum period for any debate, shall not, unless otherwise ordered, exceed the period specified opposite to that subject in the following table -Mover 10 minutes

Person next speaking 10 minutes

Any other person 10 minutes

Mover in reply 10 minutes

Extension of time - with consent of the majority of the meeting, a person may be allowed to continue a speech interrupted under the foregoing provisions of this Standing Order, on motion without debate for a period not exceeding 10 minutes.

23. CLOSURE OF DEBATE

After any question has been proposed from the Chair a motion may be made by a person, rising in his/her place and without notice and whether any other person is addressing the Chair or not, "that the question be now put" and such motion shall be put forthwith and decided without amendment or debate. If the motion be lost the debate shall be resumed where it was interrupted and the time

taken in deciding the question "that the question be now put" shall not be reckoned as part of the time allotted to the person whose speech was interrupted.

24. CLOSURE OF PERSON

A motion may be made that a person who is speaking, except a person giving a Notice of Motion or formally moving the terms of a motion allowed under the Standing Orders, "be not further heard", and such question shall be put forthwith and decided without amendment or debate.

25. QUESTION OF ORDER

Any person may at any time raise a question of order which shall, until disposed of, suspend the consideration and decision of every other question.

26. PERSON TO RESUME SEAT AND CHAIR TO RULE Upon a question of order being raised, the person called to order shall resume his/her seat and, after the question of order has been stated to the Chair by the person rising to the question of order, the Chair shall give his/her ruling thereon.

27. DISSENT FROM RULING

If any objection is taken to any ruling or decision of the Chair, such objection must be taken at once and a motion of dissent moved shall be proposed to the meeting and debate thereon shall proceed forthwith.

28. NOTICES GIVEN

A notice of motion may be given by a person stating its terms to the meeting when notices are called for, and delivering to the Chair a copy of the motion signed by him/herself and showing the day proposed for moving the motion.

Territory ALP Rules 2000 - Page 29

29. GIVEN BY PROXY

A person, in the absence of another person and at his/her request, may give a notice of motion for that other person and shall put the name of such person and his/her own signature on the notice.

30. AMENDMENT

After a notice of motion has been given, the terms thereof may be altered by the person notifying the meeting and delivering to the Chair an amended notice, either on the same day or any day prior to that for proceeding with the motion, or he/she may withdraw the same by notifying the

meeting.

31. ORDER ON NOTICE PAPER

Notices shall be entered by the Chair on the Notice Paper or Agenda in the order in which they were delivered.

32. DIVIDING INTO PARTS

If a notice of motion is given which contained matters not relevant to each other, the Chair may arrange that such notice be divided into two or more notices.

33. NOT TO OFFEND AGAINST STANDING ORDERS Any notice of motion containing unbecoming expression or which offends against any Standing Order, shall be amended by the Chair before it appears upon the Agenda and, if necessary, the Chair may determine that any such notice shall not be placed upon the Agenda.

34. EFFECT OF NOTICE

No notice shall have effect for the day on which it is given.

35. BY NOTICE ONLY

No person may, except by leave of the meeting or unless it be otherwise provided in Standing Orders, move any motion except in pursuance of notice appearing on the Notice Paper or Agenda.

36. ORDER OF PRECEDENCE

Motions shall have precedence of each other according to the order in which they appear on the Notice Paper or Agenda. A motion may be postponed by motion without notice by the person who gave notice of the motion, or a person acting on his/her behalf and at his/her request.

37. NOT DEALT WITH

If, at the adjournment of the meeting, any motions on the Notice Paper or Agenda have not been called on, such motions shall be set down on the Notice Paper or Agenda for the next time the body meets or in the case of Annual Conference referred to the Administrative Committee for decision.

38. LAPSE OF NOTICE

If a person is not present when the notice of. motion given by him/her is called on, it shall be withdrawn from the Notice Paper or Agenda unless another person, at his/her request, either moves the motion or thereupon proposes that the motion be later moved.

39. PERSON FAILING TO RISE

If a person, when the notice of motion given by him/her is called on, fails to move the motion, it shall be withdrawn from the Notice Paper or Agenda unless he/she thereupon proposes fixing a future time for moving the motion.

40. POSSESSION OF MOTION

When a motion has been moved, a question thereupon shall be proposed to the meeting by the Chair and the motion shall be deemed to be in possession of the meeting and cannot be withdrawn

Territory ALP Rules 2000 - Page 30

without leave.

41. REPEATING MOTIONS

A motion which has been superseded, or which, by leave, has been withdrawn may be moved again during the same meeting.

42. QUESTION PUT

As soon as the debate upon a question has been concluded, the Chair shall put the question to the meeting, but, on the requesting a person, the Chair may order a complicated question be divided into parts.

43. DECISION

A question being put shall be resolved in the affirmative or negative by the majority of voices "Aye" or "No".

44. OPINION STATED

The Chair shall state whether in his/her position the "Ayes" or "Noes" have it; and if his/her opinion be challenged the question shall be decided by a count.

45. NO REPEAT

Except by leave of the meeting, no question or amendment may be proposed which is the same in substance as any question which, during the same meeting has been resolved in the affirmative or negative, unless the resolution or vote on such question or amendment has been rescinded.

46. RECISION OF VOTE, ORDER OR RESOLUTION

A resolution or other vote of the meeting may be read and rescinded; but no such resolution or other vote may be rescinded during the same meeting provided that -To correct irregularities or mistakes one day's notice shall be sufficient, or the recision may be made at once by leave of the meeting.

47. DIFFERENT FORMS OF AMENDING

A question having being proposed may be amended;

(a) by omitting certain words only;

(b) by omitting certain words in order to insert or add other words; or (c) by inserting or adding words.

48. IN WRITING ONLY

An amendment to any motion before the meeting must, for the purposes of record, be in writing.

49. RELEVANT

Every amendment must be relevant to the question which it is proposed to amend.

50. FORM OF QUESTION

When the proposed amendment is to omit certain words, the Chair shall put the question "that the words proposed to be omitted, be omitted",

51. OMIT WORDS TO INSERT OR ADD WORDS

When the proposed amendment is to omit words in order to insert or add other words, the Chair shall put the question "that the words proposed to be omitted, be omitted", which, if resolved in the negative, shall dispose of the amendment; but if in the affirmative another question shall be put "that the words proposed to be inserted (or added) be inserted (or added)".

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52. INSERT OR ADD WORDS

When the proposed amendment is to insert or add certain words, the Chair shall put the question that the words proposed to be inserted (or added) be inserted (or added)"

53. ALTERNATIVE QUESTION

If no person objects, the Chair may put the question that the amendment be agreed to" in place of the question or questions stated in Standing Orders 50, 51 and 52.

54. INCONSISTENT AMENDMENT

No amendment shall be moved which is inconsistent with a previous decision on the question.

55. ORDER OF MOVING

No amendment may be moved to any part of a question after a later part has been amended, or after a question has been proposed on an amendment thereto, unless the proposed amendment has, by leave, been withdrawn.

56. DECISIONS STAND

No amendment may be moved to any words which the meeting has resolved shall not be omitted, or which have been inserted in, or added to, a question, except it be for the addition of other words thereto.

57. ORDER OF DISPOSAL

An amendment proposed shall be disposed of before another amendment to the original question can be moved.

58. WITHDRAWAL

A proposed amendment may, by leave, be withdrawn.

59. AMENDMENTS TO AMENDMENTS

Amendments may be moved to a proposed amendment as if such proposed amendment were an original question.

60. ORDER OF AMENDMENTS

When it is moved to omit words in the main question in order to insert or add other words, no amendment to the words proposed to be inserted, or added can be entertained until the question "that the words proposed to be omitted, be omitted" has been determined.

61. MAIN QUESTION AS AMENDED

When amendments have been made, the main question shall be put as amended.

62. ORIGINAL QUESTION

When amendments have been moved but not made, the question shall be put as originally proposed.

63. CALLING A COUNT

Whenever the Chair states, on putting a question, that the "Ayes" or the "Noes" (as the case may be) have it, his/her opinion maybe challenged by persons calling for a count.

64. SUPPORT NEEDED

A count shall not be proceeded with unless more than one person has called for a count.

65. WITHDRAWN BY LEAVE

At any time before the tellers begin to count the members voting in a count, a call for a count may be withdrawn, by leave, and the count shall not be proceeded with. The decision of the Chair

Territory ALP Rules 2000 - Page 32

which was challenged shall stand.

66. VOTE NOT TO CHANGE

Every person shall vote in the count in accordance with his/her voice either "Aye" or "No".

67. PERSON TO REMAIN

A person calling for a count shall not leave the meeting until the count is concluded.

68. PERSONS TO VOTE

The persons supporting the call for a count and every other person in the meeting, when the question is stated, shall vote.

69. COUNT

The tellers shall count the persons voting and record the votes.

70. RESULT

The Chair shall declare the result of the count to the meeting.

71. RECORD

Counts shall be recorded in the Minutes of Proceedings.

72. CONFUSION OR ERROR

In the case of confusion or error concerning the numbers reported, unless the same can be otherwise cor rected, the meeting shall proceed to another count on the question.

73. RECORD CORRECTED

If a complaint be made to the meeting that a count has been inaccurately reported, the Chair may cause the record to be corrected.

74. CASTING VOTE

The Chair shall have a casting vote.

75. NAMING OF PERSON

If any person has -(a) persistently and wilfully obstructed the business of the meeting;

(b) been guilty of disorderly conduct;

(c) used objectionable or disorderly words, which he/she refused to withdraw; (d) persistently and wilfully refused to conform to any Standing Order;

(e) persistently and wilfully disregarded the authority of the Chair;

he/she may be named by the Chair, or, if any of the above-named offences has been committed by a person in Committee, by the Chairperson.

76. SUSPENSION OF PERSON

If the offence has been committed in the meeting, the Chair shall forthwith put the question, on a motion being made, no amendment, adjournment or debate allowed, that the person named be suspended from the meeting.

77. PERIODS OF SUSPENSION

If any person be suspended under Standing Order 76, his/her suspension shall be for 24 hours.

78. EFFECT OF SUSPENSION

A person who has been suspended shall be excluded from the meeting.

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79.

LIMITATION

A suspension of Standing Orders is limited in its operation to the particular purpose for which suspension has been sought.

80. TO CONTINUE IN FORCE

The whole of these Standing Orders shall continue in force until altered, amended or repealed.

Si. GENERAL RULE

In all particular cases not provided for hereinafter, or other orders or practice of the meeting, resort shall be had to the practice of the National Conference of the ALP in force for the time being, which shall be followed as far as it can be applied.

82. ABSENCE OF CHAIR

Whenever the meeting is informed of the absence of the Chair, the Vice President shall perform the duties of the Chair during that absence.

83. ABSENCE OF CHAIR AND VICE PRESIDENT

Whenever the meeting is informed of the absence of both the Chair and the Vice President, the persons present, if a quorum, may at once proceed to elect one of their number who shall perform the duties of the Chair during that absence. Otherwise the meeting stands adjourned to the next day. For the purposes of this Standing Order, the Secretary shall act as Chairperson of the meeting until a person is elected to perform the duties of the Chair.

84. VICE PRESIDENT TO TAKE CHAIR

The Vice President shall take the Chair as Chair whenever requested so to do by the Chair during a meeting without any formal communication to the meeting.

85. NOTICE TAKEN OF LACK OF QUORUM

If any person gives notice that a quorum of persons is not present, the Chair shall count the meeting; and if a quorum be not present, he/she shall call a quorum. If a quorum is not obtained within 2 minutes, the Chair shall adjourn the meeting for I hour; provided that if he/she is satisfied there is likely to be a quorum within a reasonable time he/she shall announce that he/she will take the Chair at a stated time; if at that time a quorum be then present the Chair shall resume; but, if there be not a quorum, the Chair shall adjourn the meeting to the next day.

86. COUNT-OUT

If proceedings be interrupted by a count-out followed by an adjournment of the meeting, such proceedings may, on motion after notice, be resumed at the point where they were so interrupted.

87. PERSON NOT TO LEAVE

When the attention of the Chair or of the Chairperson has been called to the fact that there is not a quorum of persons present, no person shall leave the meeting until a quorum is present, or 2 minutes have elapsed.

88. ADJOURNMENT OF MEETING

Except at provided by these Standing Orders the meeting may be adjourned only by its own resolution.

89. APPLICATION

(a) These Standing Orders shall apply to the proceedings of Conference unless they are suspended by a two-thirds vote of delegates.

(b) (i) Subject to (ii) and (iii) these Standing Orders shall guide the Chair of every other

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constituent unit of the Party which meets less formally than Conference.

(ii) They shall apply when the relevant constituent unit has at any time by an ordinary majority voted they should apply for whole or part of a meeting. The Chair shall forthwith put any such proposed resolution to the meeting.

iii) Questions of dissent from the Chair's ruling shall be determined as if these Standing Orders were applicable to the whole of the debate connected with the question of dissent including the vote on that question.

SCHEDULE B - MECHANISM FOR COUNTING VOTES

1. THE QUOTA (a) The number of first preferences indicated for each candidate shall be counted and recorded and all voting papers which contain no clear indication of a first preference shall be rejected as informal.

(b) In this Schedule, the words "voting paper" shall be read as including a record of a voter's preferences by means approved by the constituent unit conducting the election.

(c) The aggregate value of the first preferences, expressed as the number of whole votes, or as the number of thousandths of a vote, shall be divided by the number exceeding by one the number of vacancies to be filled and the whole number next above the quotient or result shall be the quota, and throughout the counting, values shall be recorded in whole votes or thousandths of a vote according to the manner in which the aggregate value of the first preferences was expressed.

2. SURPLUSES ARISING FROM COUNTING OF FIRST PREFERENCES (a) Any candidate who has a number of first preferences of value equal to or greater than the quota shall be recorded as elected.

(b) If the value of the first preferences recorded for any candidate is equal to the quota, the whole of the voting papers on which a first preference is indicated for him or her shall be set aside as finally dealt with.

(c) If the value of the first preferences recorded for any candidate is greater than the quota, then, except where Rule 3 of this Schedule is applied, the surplus over the quota shall be transferred to the other candidates not yet recorded as elected in the following manner:

(i) The voting papers with first preference indicated for the elected candidate shall be re-examined and for each unelected candidate, the number of these voting papers on which that candidate is indicated as preferred to any other unelected candidate shall be counted and recorded.

(ii) If the total value of the voting papers recorded according to Rule 2(c)(i) of this Schedule is greater than the surplus, the surplus shall be divided by the number of these voting papers and the result shall be the transfer value, provided that if the values are being recorded in thousandths of a vote any fraction in the result may be discarded. But if the number of voting papers with no further preference indicated is so large that the total value of the voting papers recorded according to Rule 2(c)(i) is less than or equal to the surplus, the transfer value shall be the full value of a voting paper.

(iii) The number of voting papers recorded for each unelected candidate according to Rule 2 (c) (i) shall be multiplied by the value and in each case, the whole number remaining after any fraction in the result is discarded shall be credited to the unelected candidate and added to the value previously recorded for that candidate.

(iv) If more than one candidate has a surplus, the surplus shall be transferred in order of size, beginning with the largest, and if two or more surpluses are equal, the Returning Officer shall decide by lot which surplus shall be transferred first.

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3.

OPTIONAL DEFERMENT OF TRANSFER OF SURPLUS

The transfer of a surplus may be deferred if that surplus, together with every other surplus not transferred, is less than the difference between the quota and the highest progress total of any unelected candidate and is also less than the difference between the lowest progress total and

the progress total next above it.

4. SURPLUS ARISING FROM TRANSFER

(a) If the progress total of a candidate is raised up to or above the quota by the transfer of a surplus, that candidate shall be recorded as elected, and no other voting papers shall be allotted to them after this transfer is completed.

(b) If the progress total of a candidate is raised up to but not above the quota by the transfer of a surplus, the whole of the voting papers allotted to them shall be set aside as finally dealt with.

(c) If the progress total of a candidate is raised above the quota by the transfer of a surplus, then, except where Rule 3 of this Schedule is applied, his or her surplus shall be transferred to the unelected candidates in the following manner.

(i) The voting papers allotted to the elected candidate in the last transfer shall be re-examined, and, for each unelected candidate, the number of these voting papers on which that candidate is indicated as preferred to any other unelected candidate shall be counted and recorded.

(ii) If the total value of the voting papers recorded according to Rule 4(c)(i) is greater than the surplus, the surplus shall be divided by the number of these voting papers and the result shall be the transfer value, provided that if the values are being recorded in thousandths of a vote any fraction in the result may be discarded. But if the total value of these voting

papers is less than or equal to the surplus, the transfer value shall be the value at which the voting papers were allotted to the elected candidate.

(iii) The number of voting papers recorded for each unelected candidate according to Rule 4(c)(i) shall be multiplied by the transfer value and, in each case, the whole number remaining after any fraction in the result is discarded shall be credited to the unelected candidate and added to their progress total.

(iv) If more than one candidate has a surplus, the surpluses shall be transferred in order of size, beginning with the largest, provided that no surplus shall be transferred before a surplus that arose earlier in the counting whether larger or not, and if two or more surpluses arising from the same transfer are equal, the surplus of the candidate whose progress total was highest when they last had unequal totals shall be transferred first, and if their progress totals were never unequal, the Returning Officer shall decide by lot which surplus shall be transferred first.

5. EXCLUSION

(a) If, after the transfer of all surpluses except any deferred according to Rule 3, any vacancies remain unfilled, the candidate whose progress total is lowest shall be excluded, and all voting papers allotted to that candidate shall be distributed, each continuing unelected candidate being allotted those papers on which he or she indicated as preferred to any other continuing candidate, and credited with their value.

(b) The voting papers with first preference indicated for the excluded candidate shall fits be allotted, each at its full value.

(c) The other voting papers of the excluded candidate shall then be allotted in the order of the transfers in which, and with the values at which, they were allotted to that candidate.

(d) Each allotment of voting papers according to Rules 5(b) and (c) shall be regarded as a

Territory ALP Rules 2000 - Page 36

separate transfer in the application of Rule 6(a).

(e) If it becomes necessary to exclude a candidate and two or more candidates have equal progress totals lower than any other progress total the one whose progress total was lowest when they last had unequal totals shall be excluded first, and if their progress totals were never unequal, the Returning Officer shall decide by lot which candidate shall be excluded first.

6. SURPLUSES ARISING FROM EXCLUSION

(a) If the progress total of a candidate is raised up to or above the quota by any transfer of the voting papers of an excluded candidate, that candidate shall be recorded as elected, and no other voting papers shall be allotted to him or her after this transfer is completed.

(b) If the progress total of a candidate is raised up to but not above the quota by any such transfer, the whole of the voting papers allotted to him or her shall be set aside as finally dealt with.

(c) If the progress total of a candidate is raised above the quota by any such transfer, then, except where Rule 3 is applied, that candidate's surplus shall be transferred to the continuing candidates in the manner specified in Rule 4(c), but this surplus shall not be transferred until all voting papers

of the excluded candidate have been allotted.

(d) Except where Rule 3 is applied, any such surplus shall be transferred before any other candidate is excluded.

7. COMPLETION OF COUNTING

The process of excluding the candidate with the lowest progress total, and allotting his or her voting papers and crediting their value to continuing candidates shall be repeated, and any surplus, except where Rule 3 is applied, transferred, until all vacancies are filled or until the number remaining unfilled is equal to the number of continuing candidates, in which case these continuing candidates shall be recorded as elected.

SCHEDULE C—MEMBERSHIP FORM Not included for space reasons

SCHEDULE D - Deleted

SCHEDULE E - PRESELECTIONS

1. ROLL AND RETURNING OFFICER (a) The Ter ritory Branch Secretary shall keep a Roll of all credentialed delegates to the most recent Territory Conference.

(b) The Returning Officer may nominate the Deputy to conduct any particular pre-selection.

(c) All further reference to the Returning Officer shall include reference to the Deputy Returning Officer.

(d) The Returning Officer shall not be eligible to either nominate or vote in any pre-selection.

(e) If a Returning Officer resigns or becomes ineligible to continue, the Administrative Committee may elect a Returning Officer from the Roll kept by the Branch Secretary.

2. ELIGIBILITY FOR OFFICE

(a) Any candidate for pre-selection must have been a financial member of the Territory Branch for twelve months prior to the opening of nominations.

(b) Any candidate must be nominated in writing by no less than five financial members of the Territory Branch.

(c) Either of these conditions of eligibility may be waived by permission of the Administrative Committee and the Branch with responsibility for that electorate.

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(d) All candidates must sign the Pledge.

2A ELIGIBILITY TO VOTE To be eligible to vote in any preselection ballot a person must be a current financial member at the time of the ballot, as prescribed by rules 2.1(exl) and (ii); and have at least 12 months continuous

membership.

2B POWERS OF ADMINISTRATIVE COMMITTEE (a) The preselection of any candidate is subject to endorsement by a simple majority of the Administrative Committee.

(b) At any time after the close of nomination, the Administrative Committee may resolve by simple majority that a sole nominee is declared elected, or extend nominations or select no candidate.The Administrative Committee may, by two-thirds majority, remove preselection from a preselected candidate. The Administrative Committee may either call fresh nominations, decide not to contest the seat, or, in cases of urgency where it is not possible due to time constraints to call for nominations and conduct a ballot, conduct the preselection itself. All of these decisions can be appealed to the Territory Conference, but the decision of the Administrative Committee is binding until then.

2C POSTAL BALLOTS Where a ballot by postal vote is required by these rules:

(a) The Administrative Committee may make rules for the conduct of the ballot, including the layout of the ballot paper, the distribution of publicity material, the location of the ballot boxes etc.

(b) The ballot shall be conducted by the Returning Officer in accordance with the Rules. (c) The Territory Branch secretary shall provide the Returning Officer with a list of the names and postal addresses of all eligible members of the Territory Branch for the conduct of the ballot.

(d) The ballot shall remain open for at least 30 days from the date the ballot papers were posted out. (e) An official scrutineer appointed by each candidate may be present at the counting of the ballot papers, and may challenge any ballot paper.

(f) Any appeal against the result of the ballot will be dealt with by the Disputes Committee in accordance with rule 5.2" 3. PRE-SELECTION FOR ASSEMBLY SEATS

(a) On instruction from the Administrative Committee, the Returning Officer shall open nominations for pre -selection for Northern Territory Assembly seats. Nominations shall normally remain open for at least one month, except in cases of urgency, where the Administrative Committee may shorten the period.

(b) Members of the Territory Branch should be advised of the dates of opening and closing of nominations, but the fact that a particular member or members were not advised should not invalidate a pre-selection.

(c) Deleted November 2000

(d) Where nominations close and there is more than one candidate, the following procedure shall apply:

(i) The Returning Officer shall conduct a secret postal ballot of all eligible members of the Territory Branch who are resident in the relevant electorate; and (ii)The Returning Officer shall convene an Electoral College comprising 10 members who were elected by and from the preceding Conference.

(iii) Preselection will be determined by a majority of the votes of eligible members who reside in the relevant electorate weighted to 50% and the votes of the Electoral College weighted to 50%.

Territory ALP Rules 2000 - Page 38

(iv)

Meetings of the Electoral College shall be convened by the Returning Officer. Members must be given 7 days notice in writing of the meeting. The quorum for meetings of the Electoral College shall be 6 members.

(v) Each Electoral College may determine its own procedure, provided it provides an opportunity for each member of the College to participate and vote (both of which can be done by telephone hook-up or like means) and for each candidate to be able to address the College and/or distribute electoral material.

(vi) Voting shall be by secret ballot and shall be conducted in accordance with the Rules.

(vii) If a member of the Electoral College resigns or becomes ineligible (through sickness, incapacity or becoming a candidate), their position will be filled by the Administrative Committee using the principles set out in section 4.3 (c)

4. PRE-SELECTION FOR HOUSE OF REPRESENTATIVES AND SENATE SEATS

(a) On instruction from the Administrative Committee, the Returning Officer shall open nominations for the House of Representatives and Senate positions, as required. Nominations should normally remain open for at least one month, except in cases of urgency, where the Administrative Committee may shorten the period.

(b) Where there is more than one candidate for any position, preselection shall be conducted by a secret postal ballot of all eligible members of the Territory Branch who are resident in the relevant electorate." 5. PLEDGE

I hereby pledge myself that I will not oppose the candidate selected by the Australian Labor Party and, if elected, to do my utmost to carry out the principles embodied in the Platform and on all questions affecting the Platform to vote as a majority of the Parliamentary Labor Party decided at a duly constituted Caucus meeting. I further pledge not to withdraw from the election contest after being duly nominated, without the consent of the Administrative Committee. I hereby agree and acknowledge that any sum specified in the Rules to be paid

by me and which remains unpaid is a debt owing to the members of the Territory Branch and may be sued for and recovered in any court of competent jurisdiction. I further agree to abide by the National Code of Conduct determined for fund-raising.

SCHEDULE F — REGIONAL REPRESENTATION ON ADMINISTRATIVE COMMITTEE The three regional representatives referred to in rules 4.2 (a) (v) shall be elected by plebiscite of

members with 12 months continuous financial membership and residing in the Areas described below. PART A Area I is the region comprising the town of Elliot and all areas north excluding the areas encompassed by the boundaries of Darwin City Council, Palmerston City Council and Litchfield Shire Council. PART B Area 2 is the region comprising all areas south of the town of excluding the area encompassed by the Alice Springs Town Council boundaries." PART C Area Three is the region encompassed by the Alice Springs Town Council boundaries

Territory ALP Rules 2000 - Page 39

SCHEDULE

G - ACTIVE BRANCH CHARTER

PREAMBLE Branch meetings, and non-meeting activities, should be designed to attract participation, and active involvement. ALP meetings do not have to follow a standard meeting layout or agenda, where members feel it is productive to depart from the normal format;

Branches should develop activities that will improve the local profile and image of the ALP, in non-election periods, in the context of building a genuinely influential Party organisation both locally and throughout the Territory;

Branches must dramatically raise the levels of political skills among the membership;

An intra-Party environment must be established which is genuinely supportive of these moves, and that environment will include:

(1) matching changes at Administrative Committee level; and

(2) the best resourcing available from the Administrative Committee and MPs.

This Branch resolves to implement all of the following points immediately, unless otherwise determined.

CHARTER

1. Minutes of meetings will be circulated with the next meeting's notice, typed.

2. _ A meeting notice will be sent to every member one week prior to every Branch meeting.

3. A typed digest of correspondence received and sent will be distributed at each meeting.

4. Meetings shall be held every month, although not necessarily to conduct all normal business in the usual format.

5. At every second meeting, bureaucracy will be minimised, and the meeting will hear a guest speaker, or watch a film or video, or set time aside for a discussion of some particular topic, o f which notice has been given, or conduct some other educational, or involving, activity.

6. At least four times a year, non-meeting, non-election activities shall be conducted. These may be in lieu of, or as well as, monthly meetings, and the four activities shall in each year consist of a mix of political and non-political activities.

7. The Chairperson shall be rotated at every second meeting. No member is to have more than one meeting at which they Chair in a year, except for the Branch President. If there are no volunteers, a name shall be drawn from a hat.

8. The Minute Secretary shall be rotated at every second meeting. No member is to have more than one meeting at which they take minutes in a year, except for the Secretary or Assistant Secretary.

9. The local MLA is to be responsible (or in the case of non-held seats, the duty MLA) for assisting where appropriate, in providing an organisational focus for the Branch.

10. MLA's (or, in the case of non-held seats, the duty MLA) are to provide Parliamentary reports to the Branch, no less frequently than four times a year.

11. Meetings shall require and receive reports from Conference delegates, Administrative Committee members, and Territory and Federal MPs.

12. Reports from MPs shall be typed, and of no more than three pages in length. A verbal supplement of no more than 10 minutes may be given. Longer discussions must be reserved either for the last item of General Business, or for a specific-topic discussion as discussed at point 5.

Territory ALP Rules 2000 - Page 40

Reports shall preferably be prepared in time to mail out with meeting notices.

13. At the Branch meeting after the AGM, the Branch Executive shall report to the Branch with recommendations for targeted objectives and activities for the year (for example, doubling membership, holding two social functions, etc.).

14. The Secretary shall be responsible for reporting comprehensively to the next AGM on the success of the year's targeting, and point by point on the success or otherwise of the Branch in meeting the requirements of this charter.

15. A Fundraising Officer shall likewise be required to propose a yearly plan, and report on its implementation

16. A member of the Executive shall be appointed to be responsible for devising a Branch training programme, proposing a yearly plan, and reporting on its implementation. Every two years, at a minimum, there shall be at least one session (either as part of a monthly meeting, or additional) on campaigning, and at least one session on how to make the Branch function better..

17. At least once per year the Branch shall conduct some form of highly visible activity in the community (for example, stalls, leaflets, recruitment drive, fundraising activities, community consultations, campaigns on particular issues, etc.).

18. A 'Sister Branch' relationship shall be established with a Branch from another area, with a view to occasional joint meetings, joint social functions and fundraisers, and pooling help for marginal seats where possible. The relationship could be reviewed after each election.

19. At least twice in each year the Branch shall invite a guest speaker from a local, active community group, to speak on their interests, objectives and activities.

20. The Branch shall ensure that their meeting place is comfortable, and accessible to all members and potential members (eg, members under 18 must be able to get in, as must members with mobility problems, and so on)

21. Meetings are to be located so that members who wish to do so can socialise immediately afterwards, and in the immediate vicinity (eg, a cup of tea or a beer).

22. Meetings shall not consist of a head table facing rows of chairs. At every opportunity a circular layout shall be adopted.

23. One member of the Branch Executive shall be responsible for monitoring the performance of the Branch, and reporting annually on at least the following performance indicators:

• the number of quorate and inquorate meetings;

• the number of each of 'voting members', 'members', 'supporters club members' and listed 'supporters' in the Branch or in the case of supporters, listed with the Branch;

• the number of members eligible at the AGM to participate fully in all votes;

• for each activity conducted by the Branch, what the objective was, whether it was achieved, and how many participated.

Territory ALP Rules 2000 - Page 41

NOTES

NOTES

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