National Constitution: Young Australian Democrats

20
 National Constitution Young Australian Democrats Current as at May 2013

Transcript of National Constitution: Young Australian Democrats

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National Constitution

Young Australian Democrats

Current as at May 2013

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This document represents the Consitution of the organisation, the Young Australian Democrats.

The Young Australian Democrats are a recognised group of the Australian Democrats.

This document must be made available to all members of the Young Australian Democrats, including

publication on its website. The General Secretary has custodianship over the official version of this

document.

 An amendment history of this documents is below:

Date Particulars Description

June 1999 Recognition of YADs Resolutions of the Party National Executive carried to

recognise YADs and undertake a review of the Party

Constitution to allow YADs membership on the Party NE.

See Schedule B

November 1999 Recognition of

Constitution

Party National Executive recognised YADs interim

constitution and moved a ballot be initiated to amend the

Party’s Constitution to allow for a YADs representative. See

Schedule B.

January 2000 Duty statements

adopted

See Schedule C: YADs National Office Bearer Duty

Statements.

 August 2000 Constitution and

Regulations updated

2012-2013 New Constitution written 2013 Constitution written by National Executive to streamline

governance and reflect the changing nature of the Party.

 April 2013 New Constitution

endorsed by NE

May 2013 New Constitution

endorsed by members

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Table of Contents

A.  Preliminary 4 1.  Commencement and Recognition ....................................................................................................................... 4 2.  Name .................................................................................................................................................................... 4 3.  Definitions ............................................................................................................................................................ 4 4.  Relationship with Party Governance .................................................................................................................... 4 B.  Objectives 5 5.   Aims and Objectives ............................................................................................................................................ 5 C.  Divisions 5 6.  Divisions of the Young Australian Democrats ...................................................................................................... 5 D.  Membership 6 7.  Classes and Admission ........................................................................................................................................ 6 8.  Termination of Membership ................................................................................................................................. 6 E.  CommunicationwithMembership 6 9.  The Forum ............................................................................................................................................................ 6 10.  Notice to members ............................................................................................................................................ 6 F.  Officers 7 11.  National Office Bearers ...................................................................................................................................... 7 12.  Divisional Representatives ................................................................................................................................. 7 13.   Appointed Officers ............................................................................................................................................. 7 G.  NationalExecutive 8 14.  Composition ....................................................................................................................................................... 8 15.  Term, Elections and Eligibility ............................................................................................................................ 8 16.  Ceasing to be an Officer of the National Executive ........................................................................................... 9 17.  Meetings ............................................................................................................................................................ 9 18.  Business outside of meetings .......................................................................................................................... 10 19.  Duties ............................................................................................................................................................... 10 H.  NationalConvention 11 20.  Organisation ..................................................................................................................................................... 11 21.  Powers ............................................................................................................................................................. 11 22.  Delegates and Observers ................................................................................................................................. 11 23.  Divisional Delegates ......................................................................................................................................... 11 24.  Business of Convention ................................................................................................................................... 12 I.  Administration 13 25.  Finance ............................................................................................................................................................. 13 26.  Grievances, appeals and disputes ................................................................................................................... 13 27.  Formulation of Policy ....................................................................................................................................... 13 28.  Formulation of Regulations .............................................................................................................................. 14 29.  Formulation of Committees.............................................................................................................................. 14 30.  Conduct of Ballots ........................................................................................................................................... 14 31.   Amendment of this Constitution and Schedules ............................................................................................. 14 32.  Dissolution ....................................................................................................................................................... 14 J.  Schedules 15 Schedule A: Platform of the Young Australian Democrats (Vision, Mission, Values) ............................................... 15 Schedule B: Commencement of Constitution .......................................................................................................... 16 Schedule C: YADs National Office Bearer Duty Statements .................................................................................... 17

 Schedule D: Prescribed Amount .............................................................................................................................. 18 Schedule E: Model Divisional Constitution .............................................................................................................. 19 

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A.  Preliminary

1.  Commencement and Recognition

1.1  This Constitution governs the activities and functions of the Young Australian Democrats as a

recognised Division of the Australian Democrats, with all the rights and privileges that flow from

such status.

2.  Name

2.1  The name of the organisation established under this Constitution is the Young Australian

Democrats. 

3.  Definitions

3.1   All terms employed are to be defined as per the Constitution of the Australian Democrats.

3.2  Notwithstanding clause 3.1, in this Constitution, unless some other meaning is clearly intended:

Convention, National Convention or Special National Convention means a National

Convention of the Young Australian Democrats;Division means the organisation of the members of the Young Australian Democrats within each

eight States / Territories of Australia as outlined in clause 6 of this Constitution;

Governing Documents includes the Constitution, Regulations and Standing Orders of the Young

 Australian Democrats;

National Executive means the national executive committee of the Young Australian Democrats;

Member means a person who is admitted to be a member of the Young Australian Democrats

pursuant to clause 7 of this Constitution;

Notice is to be provided to members in accordance with clause 10.

Officer includes, when no qualifying descriptor is used, all positions in Chapter F;Party means the national organisation of the Australian Democrats;

Policy  means a public statement, declaration, opinion and/or pledge by the Young Australian

Democrats for and on behalf of the members of the Young Australian Democrats on matters of

general and/or specific concern to the young people of Australia, and is to be determined in

accordance with this Constitution;

The Forum means the official periodical publication of the Young Australian Democrats as

governed by clause 9;

 YADs means the organisation of the Young Australian Democrats.

4.  Relationship with Party Governance

4.1  Where a conflict arises between the Governing Documents of the Young Australian Democrats

and the Governing Documents of the Party, the Governing Documents of the Young Australian

Democrats will take precedence to the extent necessary to resolve the conflict.

4.2  Where the Governing Documents of the Young Australian Democrats are silent as to an issue

(including, but not limited to, the conduct of ballots, motions, resolutions, elections, and other

conduct of business), the Party Governing Documents shall be followed.

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B.  Objectives

5.   Aims and Objectives

5.1  The aims and objectives of the Young Australian Democrats are:

5.1.1  to further the vision and mission of the Young Australian Democrats, whilst being guided

by our values;

5.1.2  to further the interests of young people within the Party and in society at large;

5.1.3  to assist in the formation of Young Australian Democrat student clubs or societies from

educational institutions;

5.1.4  to encourage young people to actively participate in political processes, Party business

and activities, and the community as a whole;

5.1.5  to represent and publicise the view of Young Australian Democrats through policy

formation, media generation and activism for the benefit of Australian youth, the Young

 Australian Democrats and the Party;

5.1.6  to engage in activities so as to further the objectives and profile of the Young Australian

Democrats within the Party and Australian society;5.1.7  to assist Young Australian Democrats, where appropriate, who wish to present

themselves as candidates in any election; and

5.1.8  the objectives of the Party.

C.  Divisions

6.  Divisions of the Young Australian Democrats

6.1  There shall be eight Divisions of the Young Australian Democrats, one for each State and

Territory.

6.2   As at the commencement of this Constitution, all Divisions are presumed active until deemed

otherwise by the National Executive.

6.3  The National Executive shall by resolution deem an inactive division active following petition by a

member from that Division.1 

6.4  The following must accompany the petition to the National Executive under clause 6.3 to beconsidered:

a)  the existence of ten active members of the Division;

b)  the approval of the Divisional Representative, if filled;

c) 

a Constitution for the Division

2

, which must include at least the following:i)  the roles of President, Secretary and Treasurer (or equivalents thereof); and

ii)  the provisions for the role of President to be elected concurrently with other Officer

roles of the National Executive.

6.5  The National Executive may, at its absolute discretion, deem a Division inactive by resolution

should it fail or cease to fulfil any conditions under clause 6.4. The National Executive shall

provide the Divisional Representative and Divisional Executive the opportunity to show cause

prior to invoking this clause.

1 An inactive division is still entitled to representation on the National Executive (clause 12) and at any National Conference(clause 23).2  A model constitution is provided in Schedule E. 

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D.  Membership

7.  Classes and Admission

7.1   Admission to membership of the Young Australian Democrats is restricted to persons who have

not yet attained the age of 30 years and terminates in accordance with clause 8.

7.2   An ordinary member of the Party who has not yet attained the age of 30 years will automaticallybe admitted as an ordinary member of the Young Australian Democrats.

7.3  The National Executive may create other classes of membership at its discretion, and specify the

rights, duties and obligations that attach to such classes, subject to limitations of clause 7.1.

8.  Termination of Membership

8.1  Termination of membership will be effective upon any one of the following:

a)  receipt of a written resignation by any member of the National Executive; or

b)  a resolution of two-thirds majority of the National Executive; or

c)  for ordinary members under clause 7.2, ceases to be a member of the Party; ord)  on the first instance of 14 July following reaching the age of 30 years.

8.2  In exercising its powers under clause 8.1b), the National Executive must adhere to principles of

natural justice, including providing the member in question:

a)  fourteen days notice of the motion;

b)  a fair opportunity to respond; and

c)  the opportunity to present their own case.

8.3   A member may appeal decisions of the National Executive under clause 8.1b) by seeking to have

the question put to the membership in the next practicable national ballot of the Young Australian

Democrats.

E.  Communication with Membership

9.  The Forum

9.1  There shall be published at regular intervals, at least four times during the term of each NationalExecutive, a periodical that shall be circulated to all YADs members known as the Forum.

9.2  The purpose of the Forum shall be to:

a)  Provide notice to the membership of matters where required;

b) 

 As an impartial facilitator of discussion and debate between members;c)   As a vehicle of comment and opinion for members; and

d)   Any other reasons deemed appropriate.

9.3  The Forum shall be the responsibility of the Communications Officer.

10.  Notice to members

10.1  The Forum shall be the official channel for the National Executive to provide notice to themembership where required under the Governing Documents.

10.2  Notwithstanding clause 10.1, notice may be provided by the National Executive by any othersuitable means of communication with the YADs membership.

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F.  Officers

11.  National Office Bearers

11.1  The National Office Bearers of the Young Australian Democrats are:

a)  the National President; and

b)  the General Secretary (Deputy President); and

c)  the Treasurer: and

d)  the Education Officer (DoCs Liaison); and

e)  the Communications Officer.

11.2  The National President is the presumptive representative of the Young Australian Democrats on

the National Executive of the Party, however may delegate this by proxy.

11.3  The roles and duties of the National Office Bearers are outlined in Schedule C.

12.  Divisional Representatives

12.1  Each Division, whether active or inactive, is entitled to a representative on the National Executive.

12.2   A Divisional Representative may appoint as his/her proxy to the National Executive any member

of that Division who is eligible under clause 15.4.1, excluding existing National Executive

members.

12.3  Where a vacancy arises in the position of Divisional Representative, the National Executive may

appoint a Divisional Representative from members of that Division eligible under clause 15.4.1,

excluding existing National Executive members.

12.4  Specifics for Active Divisions

12.4.1  Each Divisional President, or equivalent, of Active Divisions shall be elected concurrently

with the National Office Bearers and shall be an ex-officio member of the National

Executive as Divisional Representative.

12.4.2  An appointed Divisional Representative under clause 12.3 shall assume the full powers

and duties of Divisional Representative under this Constitution until such a time as the

Division appoints or elects a replacement Divisional President in accordance with their

Divisional Constitution.

12.5  Specifics for Inactive Divisions

12.5.1  Divisional Representatives of Inactive Divisions shall be elected concurrently with the

National Office Bearers.

13.   Appointed Officers

13.1  The National Executive may create Appointed Officer roles as deemed necessary.

13.2  Both the creation of and appointment to Appointed Officer roles will be made by resolution of the

National Executive.

13.3   Appointed Officers shall be responsible to the National Executive through a designated National

Office Bearer.

13.4  The designated responsible National Office Bearer will have the responsibility of preparing a duty

statement and position description for approval by the National Executive, as well as conducting

regular oversight of the Appointed Officer, and reporting to National Executive on their activities.

13.5  Notice shall be provided to the YADs membership of the availability of such position.

13.6  The term of an Appointed Officer expires with the term of any given National Executive, but may

be renewed by the successor National Executive.

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G.  National Executive

14.  Composition

14.1  There shall be a National Executive of the Young Australian Democrats which consists of the

following Officers:

a)  National Office Bearers under clause 11;

b)  Divisional Representatives under clause 12; and

c)   Appointed Officers under clause 13.

14.2  Only National Office Bearers and Divisional Representatives shall be entitled to vote on the

National Executive (‘Voting Officers’). Notwithstanding any powers or duties conferred on them

by the National Executive, Appointed Officers have no decision-making authority on the National

Executive under this Constitution.

14.3  No person may hold more than one Voting Officer role or exercise more than one vote on the

National Executive.

14.4  Except as provided in clause 24 at Convention, no National Office Bearers may delegate, or

exercise, a proxy vote in decision-making of the National Executive.

15.  Term, Elections and Eligibility 

15.1  The term of each National Executive is for one year and shall expire on 14 July, upon which the

successor National Executive shall commence.

15.2  Nominations

15.2.1  The National Executive shall provide notice to the membership and call for nominations

for all thirteen Voting Officer Roles (five National Officer Roles and eight Divisional

Presidency / Representative roles).

15.2.2  The call for nominations shall remain open for a period of at least fourteen (14) days.

15.2.3  The nominations shall be called at such a point to allow sufficient time for nominations to

remain open, the ballot to be held and results declared prior to the expiration of the

existing National Executive.

15.3  Elections

15.3.1  Following close of nominations, Voting Officers are to be elected separately by method of

optional preferential voting by a secret ballot of the eligible membership.

15.3.2  Such a ballot shall be administered in accordance with clause 30 and may, if practicable,

be administered by the Party concurrently with elections for Party positions.

15.3.3 Where only one candidate stands for a position, a ratification ballot shall be held.

15.4  Eligibility 

15.4.1  Eligibility to vote for and nominate as a National Office Bearer shall be confined to

members whose membership has been current for at least three (3) months as at the date

of close of nominations; and are under the age of 30 at the date they commence holding

the position.

15.4.2  Eligibility to vote for and nominate as Divisional Representative shall be confined to

members whose membership has been current for at least three (3) months at the date of

close of nominations; are under the age of 30 at the date they commence holding the

position; and are members of that Division.

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16.  Ceasing to be an Officer of the National Executive

16.1   An Officer shall automatically cease to hold office if he/she:

a)  provides written notification of their resignation to the National President and General

Secretary; or

b)   joins another political party; or

c)  where the person otherwise ceases to be a member of the Party or YADs; or

d)  in the case of ex officio Divisional Representatives, ceases to be a Divisional President.

16.2  The National Executive may resolve to dismiss one of its Officers by:

a)  simple majority, should the member fail to attend three (3) consecutive meetings of the

National Executive without reasonable excuse; or

b)  two-thirds majority for any other reason.

16.3  In exercising its powers under clause 16.2, the National Executive must adhere to principles of

natural justice, including providing the Officer in question:

a)  fourteen days notice of the motion;

b)  a fair opportunity to respond; andc)  the opportunity to present their own case.

16.4  Should the position of National President be vacant, the National Executive may resolve to

appoint a replacement President from existing Voting Officers.

16.5  Should any other position on the National Executive be vacant because either:

a)  The membership has failed to elect the position; or

b)   A casual vacancy arises through resignation or dismissal;

the National Executive may resolve by to appoint a replacement from members eligible to fill the

vacant position following the provision of fourteen days notice to the membership.

17.  Meetings

17.1  The National Executive must meet at least four times each term as convened by the National

President or General Secretary in accordance with this Constitution.

17.2  The National Executive must further meet if called to do so by at least three Divisional

Representatives, or at any other time as convened by the National President or General Secretary

in accordance with this Constitution.

17.3  The National President or nominee shall be the Chair of all National Executive meetings, and may

cast both a deliberative and casting vote.

17.4  No meeting of the National Executive shall be held without a notice period of at least five (5)

days, unless resolved otherwise by a unanimous motion of the National Executive.17.5  No meeting of the National Executive will be valid, under any circumstances, if fewer than two (2)

days notice is given.

17.6  The National Executive may hold meetings, or permit an Officer to take part in its meetings, byusing any technology that reasonably allows the member to hear and take part in discussions asthey happen.

17.7  No National Executive meeting may transact any business without the presence of a quorum. A 

quorum is met only with the attendance of:

a)  either one of the National President or General Secretary; and

b)  at least half of the number of Divisional Representatives of Active Divisions; and

c)  a majority of the total number of Voting Officers.

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18.  Business outside of meetings

18.1  The National Executive may make decisions outside of a meeting by circular motion email. The

following procedure must be followed:

a)  The mover must send out the precise wording of the proposed motion to all Officers by

email;

b)   A Voting Officer must second the motion for debate to commence;

c)  Discussion and debate must remain open for five (5) days from the date the motion issent, during which time amendments proposed may be incorporated by the movers;

d)  The question, incorporating any amendments, will then be put to the vote;

e)   All Voting Officers have five (5) days from the day the motion is put to vote to respond

with a ‘yes’, ‘no’, or ‘abstain’ vote to all Officers; and

f)   An absolute majority must carry the motion in order to be resolved.

18.2  Motions resolved under this clause shall:

a)  have the same force and effect as motions resolved at a meeting of the National

Executive; and

b)  form part of the minutes of the National Executive, to be approved at the next meeting.

18.3  Motions under clause 8.1b) or 16.2 shall not be resolved by the method specified in this clause.

19.  Duties

19.1  The National Executive shall manage the affairs of the Young Australian Democrats between

general meetings. It shall have the management and control of the funds and other property of

the organisation.

19.2  The National Executive may exercise all the powers and perform all the functions of the Young

 Australian Democrats, other than those powers and functions that are required by this

Constitution or the Regulations to be exercised and performed by the members.

19.3  Each Officer of the National Executive have the following general duties, in addition to those inrespect of their position:

a)  to report at each meeting of the National Executive on his/her activities;

b)  to ensure an article relevant to his/her portfolio is included in the Forum; and

c)  to present a written report on his/her portfolio to the National Convention;

d)  to liaise with and support other equivalent Officers in active Divisions of the Young

 Australian Democrats; and

e)  to act as directed by the National Executive, National Convention or Special National

Convention, or by ballot of the membership.

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H.  National Convention

20.  Organisation

20.1  The National Convention may be called by the National Executive to run in conjunction with a

Party National Conference, or at any other time it sees fit, provided at least two (2) months notice

has been provided to the Divisions and Members.

20.2   A Special National Convention may be called at the written request of three active Divisional

Executives, and shall be organised by the National Executive as soon as possible after receipt of

such request.

20.3  The National Executive shall appoint a Convention Management Committee consisting of no less

than three (3) Voting Officers of the National Executive.

20.4  The Convention Management Committee shall exercise such powers as are referred to in this

Constitution or as are conferred upon it by the National Executive.

20.5   All decisions of the Convention Management Committee may be appealed to the YADs National

Executive.

21.  Powers

21.1  The National Convention may consider any matter put before it, including (but not restricted to)

those regarding policy, activities, the National Constitution, governance, matters of an

administrative nature.

21.2   Any motions of a National Convention shall be submitted as recommendations to the full

membership before implementation.

21.3   A National Convention has the power to direct the National Executive to perform any of its

functions or powers as outlined in this Constitution.

22. 

Delegates and Observers22.1   Accredited Voting Delegates shall consist of:

a)  The National Office Bearers;

b)  The Divisional Representatives; and

c)  The Divisional Delegates, the selection of which is governed by clause 23.

22.2  Each accredited voting delegate is provided with one vote.

22.3  Convention Guests, Parliamentarians, Party Officials and/or other guests may be granted

observer status at the discretion of the Convention Management Committee.

23.  Divisional Delegates

23.1  The Convention Management Committee shall determine the number of Divisional Delegates tobe selected from each Division, in accordance with the following:

a)   All Divisions, whether active or inactive, shall be ranked from largest to smallest (one

through eight) by the number of members in each as at the date the Convention is called;

b)  The upper quartile of Divisions shall each be entitled to no less than four (4) delegates;

c)  The second quartile of Divisions shall each be entitled to three-quarters of the number of

delegates the upper quartile of Divisions are entitled to; and

d)  The remaining Divisions shall each be entitled to no less than one-half of the number of

delegates the upper quartile of Divisions are entitled to.

23.2  Should the number of delegates a Division is entitled to under clauses 23.1c) or 23.1d) not be a

whole number, their entitlement shall be rounded up to the nearest whole number.23.3  The Divisional Executive of Active Divisions may appoint or elect Delegates of their entitled

number in any manner they see fit.

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23.4  For Inactive Divisions, and Active Divisions which fail to select delegates within fourteen days of

the convention, the Convention Management Committee may, at its discretion, either:

a)   Appoint the Divisional Delegates from members of the respective Divisions; or

b)  Deem a Division’s representation forfeited.

23.5  Each Division may also select non-voting delegates not exceeding the number of their voting

delegates.

24.  Business of Convention

24.1   A voting delegate may proxy his/her vote to any non-voting delegate from his/her Division, or to

any member of the National Executive.

24.2  The appointment of any proxy must be in writing, signed by the relevant voting delegate and

submitted to the General Secretary or his/her nominee before the commencement of the first

formal voting session.

24.3   A Convention Chair will be appointed for each session of the Convention where a vote is to be

taken.

24.3.1  The Chair must be a member of the Young Australian Democrats.

24.3.2  The Chair will not exercise a vote whilst chairing a session.

24.4  Only accredited delegates can exercise votes.

24.5  Voting will be by show of hands or by secret ballot, as determined by the National Executive

24.6  When a vote is called, at the conclusion of debate:

a)  The doors to the Convention will be sealed;

b)   A count of all votes will be conducted by the Chair, on a Divisional basis; and

c)  No one may enter or leave the Convention floor during such a count.

24.7  Quorum

24.7.1  No Convention business is valid without the presence of a quorum. A quorum is met only

with the attendance of:

a)  The President or General Secretary; and

b)   A majority of National Office Bearers; and

c)  One voting delegate from all active YADs Divisions.

24.7.2  Any member of the Convention may request a quorum count at any time.

24.7.3  Only quorate motions of Convention are valid.

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I.  Administration

25.  Finance

25.1  The National Executive has the power to collect, retain and apply monies on behalf of the Young

 Australian Democrats for the purposes of carrying out its aims and objectives.

25.2  Financial Accounts

25.2.1  The Young Australian Democrats will have financial accounts through which to hold fundsand manage transactions, separate to those of the Party and Divisions.

25.2.2  The financial account will be opened in an institution chosen by the National Executive,taking into account ethical considerations.

25.2.3  All accounts will be managed by the Treasurer.

25.2.4  The National President, Treasurer and up to two (2) other Voting Officers will besignatories to the account and have online access.

25.2.5  The incoming Treasurer will be responsible for obtaining access to and the details ofexisting accounts upon a new National Executive taking office.

25.3  Financial Authority 

25.3.1  Any commitment to expenditure, or outlay of payment, must be approved and undertakenin accordance with the delegations below –

For commitment to, or

expenditure of, amounts less

than the Prescribed Amount

For commitment to, or

expenditure of, amounts equal to

or greater than the Prescribed

 Amount

 Approval must be

 provided in writing

 by either:

National President and anotherVoting Officer; or

 Any three Voting Officers.

Majority of the National Executive

 Following

 approval, payment  may be made by:

Two Officers of the National Executive who are signatories to the

account under 25.2.4.

25.3.2  Expenditure must only be directed towards the aims of the Young Australian Democrats.

25.3.3  The Prescribed Amount is outlined in Schedule D: Prescribed Amount.

25.4  Financial Reporting

25.4.1  At each meeting of the National Executive, the Treasurer must report:

a)  all financial transactions completed since the last meeting;

b)  any liabilities or debts owed; and

c)  the current financial status of the Young Australian Democrats, including current

available funds.25.4.2  The Treasurer must forward a copy of his/her report to the Party’s National Treasurer.

25.4.3  At the end of each financial year, the National Executive must provide the Party’s National

Treasurer with financial records that satisfy his/her requirements.

26.  Grievances, appeals and disputes

26.1  The process of grievances, appeals and dispute resolution shall be the same as the processprescribed in the Party’s National Constitution.

27.  Formulation of Policy 

27.1  The process of policy formulation for the Young Australian Democrats shall be the same as theprocess prescribed by the Party’s National Constitution.

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28.  Formulation of Regulations

28.1  Regulation may be established to govern the affairs and operations of the Young AustralianDemocrats, and to give practical effect to this Constitution.

28.2  Regulation may be established, amended and repealed by:

a)  simple majority of the National Executive following fourteen days notice to members; or

b)  two thirds majority of the National Executive, provided notice is provided to memberswithin two months of the motion being carried. Should notice not be provided, theregulation shall lapse.

29.  Formulation of Committees

29.1  The National Executive may create such Committees, special or standing, as it deems necessaryto conduct the affairs of the Young Australian Democrats.

30.  Conduct of Ballots

30.1  Ballots shall be accompanied by appropriate notice to the membership to include the purpose

and rationale of the ballot.

30.2  Ballots may be conducted in any manner or form, including online ballots.

30.3  The closing date must be at least twenty-one (21) days from the date of distribution of the ballot.

30.4  The National Executive shall:

a)  appoint a Returning Officer and Ballots Administrator; or

b)  co-opt the Party Returning Officer and Ballots Administrator.

31.   Amendment of this Constitution and Schedules 

31.1  The Constitution may be amended as follows:

a)  The proposed amendment must be agreed by motion of either:

i)  a two-thirds majority of the National Executive; or

ii)  a simple majority of delegates at a National Convention under clause 21;

b)  Notice shall be provided to the membership of the proposed amendment for the purpose

of comment or feedback for a period of no less than twenty-one days; and

c)  To be effected, the proposed amendment must be approved by a two-thirds majority of

members in a ballot whom are eligible under clause 15.4.1.

31.2  The Schedules to this Constitution may be amended by resolution of the National Executive.

32.  Dissolution

32.1  The Young Australian Democrats must not be dissolved except by motion of eligible members,

held by ballot in accordance with this Constitution, provided:

a)  two-thirds or more of the votes cast favour the motion; and

b)  the total number of votes cast is at least one-fifth of the membership.

32.2   After satisfaction of all its debts and liabilities, any property whatsoever remaining will be given or

transferred to the Party.

32.3  Where the Party no longer exists, any property referred to in clause 32.2 will be given or

transferred to some other institution or institutions having objects and objectives similar to the

policy objectives of the Party and whose memorandum of association or Constitution shall

prohibit the distribution of its or their income and property among its or their members to anextent at least as great as is imposed on the Party.

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 J.  Schedules

Schedule A: Platform of the Young Australian Democrats (Vision, Mission, Values)3 

Our vision

 An Australia which values social progress, economic responsibility, and political freedom,governed by those who aspire to these ideals.

Our mission

Challenge the status quo.

Champion policy aligning with our values.

Change Australia’s political dialogue.

Our values

Social Progress

Liberty: The protection and expansion of civil liberties, human rights, and fundamentalfreedoms.

Diversity: The celebration of our diverse backgrounds; the recognition of the commonbenefits such diversity brings.

Equality of Opportunity: The freedom to pursue interest or vocation without arbitraryrestrictions based on irrelevant characteristics; the equality of all people under the law.

Environmental Sustainability: The protection of our natural environment; the developmentof a sustainable economy.

Economic Responsibility 

Liberalism: The belief in the market economy, with free and open trade, as the engine ofeconomic growth.

Prosperity: The investment in our futures, and the protection of our health, safety andwellbeing, for the nation’s common good.

Innovation: The willingness to embrace new ideas and behaviours, for the improvement ofour economy, our environment and our world.

Political Freedom

Representative Democracy: The balance between the will of the majority, and the rights ofthe minority.

International Co-Operation: The partnership between Australia and global actors indefence, trade, and human rights; to advance the well being of Australia and humanity.

3  As ratified by the National Executive of the Young Australian Democrats in April 2013. 

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Schedule B: Commencement of Constitution

Resolutions of the Party’s National Executive meeting held on June 19 -20, 1999 (Canberra)

6/99/9 THAT the National Executive recognises the Young Australian Democrats pursuant to clause 2 of

the Regulations of the National Constitution of the Australian Democrats.

−  (Davey/Stott Despoja) CARRIED6/99/10 THAT the National Executive directs the Constitution Review Committee to advise on the

necessary changes to the National Constitution in order to allow YADs (National) a vote(s) on the National

Executive.

−  (Harcourt-Norton/Clifford) CARRIED

Resolutions of the Party’s National Executive meeting held on November 13-14, 1999 (Sydney)

1. That the draft National Constitution of the Young Australian Democrats be accepted by the National

Executive under additional regulation 2.3(a) as an interim constitution until a constitution is adopted by a

ballot of the Young Australian Democrats as defined in such interim constitution.

−  (Clifford / Stott Despoja) CARRIED2. That a ballot be initiated to enable YADS to have a vote on the National Executive by adding the

words: ‘one representative from the Young Australian Democrats being the National President of the

Young Australian Democrats or nominee’ to section 6.1 of the National Constitution.

−  (Clifford / Stott Despoja) CARRIED

3. That the cost of an airfare be provided for 1 YADS representative to attend meetings of the National

Executive as a matter of course.

−  (Clifford / Stott Despoja) CARRIED

Resolutions of the Young Australian Democrats National Executive, April 2013

1. THAT the National Executive endorse the revised constitution (‘2013 Constitution’) and

recommend the repeal of the current constitution (‘1999 Constitution’).

- (Burke / Elwood) CARRIED

2. THAT a ballot be initiated amongst members of the Young Australian Democrats eligible to vote

to:

a) approve the 2013 Constitution and repeal the 1999 Constitution; and

b) allow the current National Executive to continue in their roles for the remainder of their

term notwithstanding the change in constitution

- (Burke / Elwood) CARRIED

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Schedule C: YADs National Office Bearer Duty Statements

These Duty Statements are in addition to the general duties in clause 19.1.

1.  National President 

1.1  The National President is responsible for the overall supervision of the affairs of the Young

 Australian Democrats.

1.2 

Subject to this Constitution and any valid direction from the National Executive the NationalPresident is the official spokesperson for the Young Australian Democrats.

1.3  The duties of the National President include:

a)  to act as an official representative of young members of the Party to the National

Executive of the Party and the wider Party; and

b)  to be responsible for the furthering of the aims and objectives of the Young Australian

Democrats; and

c)  liaise with other relevant bodies on behalf of Young Australian Democrats; and

d)  to be responsible for the growth and development of the Young Australian Democrats and

as far as is practicable to visit each Division and hold meetings with each Divisional

Executive of the Young Australian Democrats; ande)  to be responsible for training strategies and programs of the Young Australian Democrats

and to be responsible for the induction of the incoming National Executive annually ; and

f)  to be responsible for the maintenance and implementation of the Vision Statement,

platform, or such other document of equivalent stature as may exist from time to time of

the Young Australian Democrats; and

g)  to be responsible for the calling of any National Convention in accordance with this

constitution

2.  General Secretary (Deputy President)

2.1  The Duties of General Secretary (Deputy President) include:

a)  to fulfil the role of President of the Young Australian Democrats when required or in the

absence of the President; and

b)  to be responsible for the general administration of the Young Australian Democrats in

consultation with the President; and

c)  to ensure that the minutes of meetings of the Young Australian Democrats are accurately

recorded and properly retained; and

d)  to oversee the coordination of all National Executive meetings and National Conventions

of the Young Australian Democrats; and

e)  to be responsible for all correspondence and records of the Young Australian Democratsincluding membership records and to ensure appropriate procedures are in place to

protect the confidentiality of membership and other confidential records; and

f)  to ensure that all that agendas and reports distributed to all National Executive members

prior to each meeting of the National Executive; and

g)  to act as custodian of this Constitution and any other governing documents of the Young

 Australian Democrats, and provide a copy to members upon request; and

h)  to liaise with the Communications Officer to ensure the membership is kept informed of

the activities of the National Executive of the Young Australian Democrats.

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3.  Treasurer

3.1  The Duties of Treasurer include:

a)  to be responsible for the financial administration and oversee the financial affairs of the

Young Australian Democrats; and

b)  to arrange for the books and accounts of the Young Australian Democrats to be audited

at the end of each financial year; andc)  to be responsible for the mandatory annual reporting on the financial status of the Young

 Australian Democrats Nationally and Divisionally to the Party’s National & Divisional

Treasurers and to ensure, in consultation with those officers, that all legal obligations in

relation to the financial affairs of the Young Australian Democrats are fulfilled; and

d)  to be responsible for fundraising on behalf of the Young Australian Democrats.

4.  Education Officer (DOCs Liaison) 

4.1  The duties of the Education Officer include:

a)  to be responsible for implementing and overseeing the education policy and associated

campaigns of the Young Australian Democrats; and

b)  assisting Young Democrats and Democrats on Campus (DOCs) in elections and other

campaigns on campuses around Australia; and

c)  monitoring elections at educational institutions around Australia; and

d)  acting as the liaison officer between Democrats on Campus and the Young Australian

Democrats at a national level; and

e)  maintaining a register of accredited Democrats on Campus groups nationally and liaising

regularly with such groups; and

f)  providing resources, advice and assistance to Democrats on Campus groups.

5.  Communications Officer 

5.1  The duties of the Communications Officer include:

a)  to publish the Forum in accordance with the requirement of this constitution; and

b)  to otherwise oversee the production of any occasional publications of the Young

 Australian Democrats as directed by the National Executive; and

c)  to ensure that all notices, documents, motions as required by the National Executive are

included in the Forum; and

d)  to facilitate the digital presence of the Young Australian Democrats, including website

content and social media; and

e)  to be primary advisor to the National Executive for media and communications strategy.

Schedule D: Prescribed Amount

1.  The Prescribed Amount is $200.

2.  The National Executive may, at its discretion, adjust the Prescribed Amount.

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Schedule E: Model Divisional Constitution

Divisions of the Young Australian Democrats are encouraged, but not required, to adopt this model

Divisional Constitution. Divisions may amend this constitution as necessary.

Constitution – Young Australian Democrats, [State Division] 

1.  Commencement

1.1  This Constitution will take effect from the date of its approval by the National Executive.

2.  Name

2.1  The Name of the organisation established under this Constitution is the Young Australian

Democrats, [State Division]. 

3.  Definitions

3.1  Subject to this clause, all definitions are those of the Constitution of the Young Australian

Democrats.

3.2  In this Constitution, unless a contrary meaning is clearly intended:

Division refers to the organisation of Young Australian Democrats , [State Division]

National Executive refers to the National Executive of the Young Australian Democrats

YADs Constitution refers to the National Constitution of the Young Australian Democrats.

4.   Aims and Objectives

4.1  The aims and objectives of the Division are to further and promote the aims and objectives of theYoung Australian Democrats within [State]. 

4.2  The aims and objectives of the Young Australian Democrats are outlined in the YADs

constitution.

5.  Membership

5.1  Members of the Division are those members of the Young Australian Democrats who reside in

[State]. 

6. 

Divisional Executive6.1  Membership

6.1.1  There is a Divisional Executive of the Division which comprises of the following office

bearers:

a)  Divisional President;

b)  Divisional Secretary (Deputy President);

c)  Divisional Treasurer;

d)  Divisional Education Officer; and

e)  Divisional Communications Officer.

6.1.2  The Divisional Executive may co-opt from time to time Appointed Officers.

6.2  Divisional President

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6.2.1  The Divisional President will hold the ex officio position of Divisional Representative of

[State] on the National Executive.

6.2.2  The Divisional President is subject to the YADs constitution for matters regarding terms

and elections for their role as both President and Representative.

6.2.3  The Divisional President is subject to the YADs Constitution for matters regarding

vacancies, resignation and dismissal in their role as Representative.

6.2.4 

The Divisional President is subject to this Constitution for matters regarding vacancies,resignation and dismissal in their role as President.

6.3  Terms, Election and Vacancies of Divisional Executive

6.3.1  The term for each Divisional Executive role should, as far as practicable, align with the

term of the National Executive.

6.3.2  The election for each Divisional Representative role shall be by elected separately by

optional preferential voting of a secret ballot of the membership.

6.3.3  Should a role on the Divisional Executive be vacant, including by reason of resignation or

dismissal, the Divisional Executive may resolve to appoint a replacement from the

members.

6.3.4  Eligibility to nominate for and vote on the Divisional Executive shall be the same as theeligibility requirements for Divisional President within the YADs constitution.

6.4   A member of the Divisional Executive may resign by written notification delivered to the Divisional

President and Divisional Secretary.

6.5  The provisions within the YADs constitution outlining the grounds and process for dismissal of

members of the National Executive shall apply to members of the Divisional Executive.

7.  Duties of the Divisional Executive

7.1  The duties of the Divisional Executive shall be the same as the duties of National Executive as

specified in the YADs Constitution insofar as it applies to the Division.

7.2   Additional duties and powers may be prescribed by motion of the National or Divisional

Executive.

8.  Meetings of the Divisional Executive

8.1  The Divisional Executive must meet at least twice in each calendar year as convened by the

Divisional President or Divisional Secretary in accordance with this Constitution and the YADs

Constitution.

8.2  The notice requirement for meetings of the Divisional Executive is a period of not less than five (5)

working days, unless resolved otherwise by a simple majority of the Divisional Executive.