Regulations
I. TITLE
1. These regulations are formed under the Federal Constitution of the Liberal Party of Australia and shall be known as the Young Liberal Federal Regulations.
II. DEFINITIONS
2. For the purposes of these Regulations, the following definitions shall apply unless the context otherwise requires:
CONSTITUTION: the Federal Constitution of the Liberal Party of Australia;
MOVEMENT: the Young Liberal Movement of Australia as constituted by Clause 21.1 of the Constitution;
DIVISION: a Division of the Movement in accordance with Clause 21.3 of the Constitution;
CONVENTION: the National Convention of the Movement as constituted by Clause 21.4 of the Constitution;
COUNCIL: the Federal Council of the Movement as constituted by Clause 21.5 of the Constitution;
EXECUTIVE: the Federal Executive of the Movement as constituted by Clause 21.6 of the Constitution;
POLICY COMMITTEE: the Federal Policy Committee of the Movement as constituted by Clause 21.7 of the Constitution;
PRESIDENT: the Federal President for the time being of the Movement;
VICE-PRESIDENT: the Federal Vice-President for the time being of the Movement;
FEDERAL DIRECTOR: the Federal Director for the time being of the Liberal Party of Australia;
FEDERAL OFFICER: any person appointed in accordance with Part XI of these Regulations.
III. NATIONAL CONVENTION
3. Convention shall meet annually at such times and places as may be determined by Executive after inviting bids from Divisions.
4. Notices of motion and policy motions to Convention shall be forwarded to all Divisions at least one week prior to the commencement of Convention.
5. The quorum of Convention shall be one third of registered delegates, provided that the majority of Divisions shall be represented.
6. The President or the President's nominee, who shall be a registered delegate, shall chair Convention save for policy sessions, and shall have a deliberative vote. In the event of the votes on any motion being equal, the motion will be deemed to have been lost.
7. The Vice-President or the Vice-President's nominee, who shall be a registered delegate, shall chair all policy sessions of Convention, and shall have a deliberative vote. In the event of the votes on any motion being equal, the motion will be deemed to have been lost.
8. Notices of motion and policy motions can only be moved and seconded by registered delegates.
9. In the material provided to registered delegates, a full list of former Presidents, Vice-Presidents and Life Members shall be included.
IV. FEDERAL COUNCIL
10. Council shall meet annually at Convention.
11. Each Division shall notify the Federal Director, or their nominee, of the names, postal addresses, and email addresses of its delegates to Council no later than 12 Noon (Canberra time) on the first Friday of the December immediately prior to each meeting of Council.
12. The agenda for such meetings shall be forwarded to all delegates to Council not later than 21 days prior to the date of the meeting.
13. The quorum of Council shall be one third of registered delegates, provided that a majority of Divisions shall be represented.
14. The President or the President's nominee, who shall be a registered delegate to Council, shall chair Council, and shall have a deliberative vote. In the event of the votes on any motion being equal, the motion will be deemed to have been lost.
15. The President and Vice-President shall present to Council each year a written statement itemising the following in respect of individual motions passed at the previous Convention and any meetings of the Policy Committee in the preceding year:
a) a short summary of correspondence received from Ministers or Shadow Ministers and other appropriate individuals and bodies;
b) a short summary of other formal and informal action taken, for instance, discussions with Ministers or Shadow Ministers on policy implementation; and
c) a statement of achievements of the Movement over the preceding 12 months.
16. The Policy Committee, through the Vice-President, shall report to each Council.
V. FEDERAL EXECUTIVE
17. Executive shall meet at such times and places as may be fixed by the President, subject to any resolution of Executive, but so that no more than three calendar months shall elapse between meetings.
18. Notice of such meetings shall be forwarded to all Executive members at least one calendar month prior to the date of the meeting, or in the case of telephone or video conferences, at least 7 days prior to the date of the meeting, unless Executive otherwise resolves.
19. The agenda for such meetings shall be forwarded to all Executive members at least 14 days prior to the date of the meeting, or in the case of a telephone or video conference, at least 3 days prior to the date of the meeting, unless Executive otherwise decides.
20. The quorum of Executive shall be 4 persons, provided that a majority of Divisions shall be represented.
21. The President or the President's nominee, who shall be a voting member of Executive, shall chair Executive and shall have a deliberative vote. In the event of the votes on any motion being equal, the motion will be deemed to have been lost.
22. Executive may, by resolution, delegate its authority to such persons or bodies as it deems fit. Such resolution shall state any powers so delegated, and the duration of such delegation. Such a delegation shall automatically cease at each meeting of Council.
23. A Divisional representative who fails to attend, send a representative or send a written apology for two consecutive meetings will be required to submit a written explanation to Executive. If by resolution two thirds of Executive (and a majority of Divisions present and entitled to vote at an ordinary meeting) determines that the reasons given are inadequate, that Divisional representative may be suspended from Executive for a period of up to six months. That Division will be required to appoint an alternative representative to Executive. If, after one month of such suspension, that Division has not appointed an alternative representative to Executive, Executive may appoint a member of that Division to represent that Division. A suspended representative is also automatically suspended from the Policy Committee and from exercising any authority delegated under Clause 22.
VI. POLICY COMMITTEE
24. The Policy Committee shall meet at such times and places as may be fixed by the Vice-President, subject to any resolution of Executive, but so that no more than three calendar months shall elapse between meetings. The Policy Committee may set the policy for the Movement but decisions may be overridden at Convention.
25. The Policy Committee shall consist of:
a) Voting members as outlined in Clause 21.7 of the Constitution, namely:
i. The Vice-President (Chair);
ii. The President
iii. Each Divisional President or representative;
iv. One additional nominee from each Division, being the person who is generally responsible for that Division’s policy development; and
b) Federal Officers appointed under Section XI, who shall be non-voting members unless they are otherwise a voting member by virtue of holding a position described in Clause 25(a).
26. Notice of such meetings shall be forwarded to all Policy Committee members at least one calendar month prior to the date of the meeting, or in the case of telephone or video conferences, at least 7 days prior to the date of the meeting, unless the Policy Committee otherwise resolves.
27. The agenda for such meetings shall be forwarded to all Policy Committee members at least 14 days prior to the date of the meeting, or in the case of a telephone or video conference, at least 3 days prior to the date of the meeting, unless the Policy Committee otherwise decides.
28. The quorum of the Policy Committee shall be 7 persons, provided that a majority of Divisions shall be represented.
29. The Vice-President or the Vice-President's nominee, who shall be a member of the Policy Committee, shall chair the Policy Committee, and shall have a deliberative vote. In the event of the votes on any motion being equal, the motion will be deemed to have been lost.
VII. ELECTIONS
30. Nominations for Federal Office (President and Vice-President) shall be called for by the Federal Director not later than two calendar months prior to the date of meeting of Council, and shall close at 12 Noon (Canberra time) on the first Friday of the December immediately prior to the date of that meeting.
31. Names of the candidates together with their particulars shall be forwarded to all Council members together with the agenda for that Council meeting.
32. In the event of the retiring President seeking election to either position, the Vice-President shall occupy the chair during the elections. If both are candidates for either position, a member of Council appointed by Council shall occupy the chair during the elections.
33. Each candidate shall be entitled to address Council for not more than 10 minutes and to answer questions for not more than 10 minutes.
34. The position of each candidate on the ballot papers shall be determined by lot.
35. All candidates for Federal Office may appoint from Council a scrutineer for the conduct of the poll.
36. The method of election shall be secret preferential ballot. If at any stage of the count two or more candidates have an equal number of votes and one of them has to be excluded, that candidate amongst them who had the least number of votes at the last preceding state of the count at which they had not an equal number of votes shall be excluded. If all candidates had an equal number of votes at all preceding stages of the count, or if there was no preceding count, then the returning officer shall determine between them by lot which of them shall be excluded.
37. The Federal Director of the Liberal Party or the Federal Director's nominee, who shall not be a member of the Young Liberal Movement, shall be returning officer for any elections.
38. Numerical results of the ballot shall be available from the returning officer at the conclusion of the ballots.
39. The above procedure shall also be followed in the case of an election for either position by Executive, provided that Executive may by two thirds majority resolve to alter the times prescribed in Clause 30.
VIII. VOTING
40. All questions at Convention, Council, Executive and the Policy Committee, with the exception of elections, shall be decided by a majority of those voting at the meeting or in a postal ballot, except as provided in Clause 41.
41. Upon the passage of any policy motion at Convention, or upon the passage of any motion to alter these Regulations at Council then, if any two Divisional Presidents or their nominees call for a special vote, the chairman shall require each Divisional delegation to vote separately, and the motion shall only be declared carried if it is supported by not less than four Divisional delegations as well as a majority of delegates present.
42. A ballot shall be held to resolve questions which arise between meetings of Convention, Council, Executive and the Policy Committee:
a) at the President's discretion or in the case of the Policy Committee, the Vice-President’s discretion; and
b) at the written request of not less than one quarter of the members of the body concerned.
43. The ballot shall be conducted in a manner agreed with the Federal Director, provided that:
a) all persons entitled to vote shall be given the opportunity to vote;
b) the ballot shall not be invalidated by reason of non-participation by any number of persons entitled to vote;
c) after 7 days from the date of polls opening, the poll shall be closed and the question decided by a count of votes; and
d) the result shall be notified to all members of the body concerned within a further 7 days.
IX. PROXIES
44. The President and Vice-President are unable to proxy their positions. However, should any member of Council, Executive or the Policy Committee be unable to attend a meeting, that member may appoint a proxy, provided that such person so appointed shall be a financial member of the Division concerned. Such person shall have full rights and responsibilities of membership of the body concerned.
45. In the case where the President or Vice-President are separately delegates to Council or voting members of Executive, the Policy Committee or bodies described in Clause 22 while holding office, they may appoint a proxy for their other position but not carry more than one vote at any time.
46. A Council delegate may appoint a proxy to Council, which must be in writing and in the hands of the President no later than 24 hours before the advertised start of Council.
47. In the absence of a proxy or the delegate’s express wish not to appoint a proxy then the relevant Divisional President may appoint a proxy in writing to the President no later than 1 hour before the advertised start of Council.
X. PRESIDENT AND VICE-PRESIDENT
48. The President is the public officer of the Movement.
49. The President and Vice-President may not use the Movement’s resources, including, but not limited to, website and social media channels, to contravene the Movement’s established policy positions.
The President
50. The President has a standing authority to authorise and publish material on behalf of the Movement.
51. While the President may delegate responsibility for publications, the President is ultimately responsible for the upkeep and material issued by the Movement, including via its website and social media channels.
52. The President is responsible for the overall governance and operations of the Movement.
The Vice-President
53. The Vice-President is also the Policy Chairman of the Movement and is responsible for the Movement’s policy programme.
XI. FEDERAL OFFICERS
54. Executive, on recommendation of the President, may designate members of Divisions as Federal Officers who may participate in Executive:
a) Federal Secretary;
b) Federal Treasurer;
c) National Convention Convenor;
d) Directors; and
e) Officers.
55. Persons appointed under Clause 54 do not have voting rights on Executive, unless they otherwise are entitled to vote, but may be provided voting rights for sub-committees of Executive by motion of Executive.
56. Persons appointed under Clause 54 shall act at the direction of the President, or by motion of Executive, and have specific responsibilities outlined on their appointment unless otherwise outlined as follows:
a) The Federal Secretary shall, at the direction of the President, or by motion of Executive be responsible for the management of the records of the Movement;
b) The Federal Treasurer shall, at the direction of the President, or by motion of Executive:
i. be responsible for the management of the national finances of the Movement, subject to Section XII;
ii. be responsible for the financial records of the Movement; and
iii. provide to each meeting of Executive a statement of the financial affairs of the Movement covering the period since the last Executive meeting, and submit to Council an audited statement of the financial affairs of the Movement for the year ended 30 June prior.
c) Executive may appoint a National Convention Convenor and a National Convention Committee which shall be responsible to Executive for the organisation of a Convention. When Executive is not meeting the Convention Convenor shall be responsible to the President. The Convention Convenor shall:
i. be responsible for execution of Executive's decisions in relation to Convention;
ii. report in writing to each meeting of Executive; and
iii. report to the President on all details of Convention planning.
57. Persons appointed under Clause 54 continue in their position until such a time as the appointment is terminated by Executive, a resignation is tendered to the President or the next Annual General Meeting of Council.
58. The Immediate Past President for the time being may attend meetings of Executive. The Immediate Past President may also be appointed to a position under Clause 54.
XII. FINANCE
59. All records, property, funds and assets of the Movement or of any Convention or of any Convention Committee shall be the records, property, funds and assets of Executive on trust for the Movement, and Executive may by resolution require any persons or any body, whether corporate or unincorporated, to deliver to such persons as may be nominated any records, property, funds or assets.
60. Executive shall be responsible for the management of the national finances of the Movement, and the funds of the Movement may be expended, and liability for debits accepted, only upon specific resolution of Executive or a person or body designated under Clause 22, with the exception of the special purpose fund established under Clause 64.
61. The Federal Secretariat shall be responsible for holding the day to day funds of the Movement.
62. The Federal Director shall appoint an auditor or auditors each year not later than 30 June. Such auditor or auditors shall not be a member or members of Executive.
63. Nothing in these Regulations shall apply to any records, property, funds or assets of any Division or of any unit of any Division.
Future Fund
64. The Young Liberal Future Fund (the Future Fund) shall exist in order to invest and grow the financial position of the Movement. The Future Fund will operate to advance the financial interests of the Movement on a longer-term basis with the mission of ensuring that the Movement is financially secure and self-sustaining.
65. All records, property, funds and assets of the Future Fund shall be the records, property, funds and assets of the Fund on trust for the benefit of the Movement.
66. The Membership of the Future Fund shall be as follows:
a) A Chair (appointed by the Liberal Party’s Federal Executive on the recommendation of the President);
b) Two Members (appointed by the Liberal Party’s Federal Executive on the recommendation of the President);
c) The Federal Director or their nominee;
d) The Immediate Past President; and
e) The President (ex-offio, non-voting)
67. Persons appointed under 66(a) or 66(b) may be appointed for a period of up to 3 years but not be:
a) A voting member of the Executive or Policy Committee;
b) The President or Vice President; or
c) Hold any position under Clauses 54-56.
68. Persons Clause 66 continue in their position until such a time as the appointment is terminated by the Liberal Party’s Federal Executive, a resignation is tendered to the President or expiry of their term.
69. The Future Fund shall report to the Movement’s Federal Council at each meeting of Council and to the Executive following the end of the Financial Year and otherwise respond to requests for information from the President within 30 days.
70. The Future Fund shall only dispense and disseminate funds where it advances the interests of the Young Liberal Movement of Australia and is supported by an absolute majority of the Members of the Future Fund.
XIII. ALTERATION OF REGULATIONS
71. Any motion to alter these Regulations shall only be considered by Council if 21 days’ notice to all Council members has been given.
72. Voting on such motion shall be in accordance with Clause 41.
XIV. INTERPRETATION
73. These Regulations shall be subject to the interpretation of the President, subject to any resolution of Executive.
XV. FEDERAL PATRON
74. There shall be a Federal Patron of the Young Liberal Movement who shall be a current or former member of the Federal Parliamentary Liberal Party recommended by the President and Vice-President and endorsed by Council.
XVI. LIFE MEMBERS
75. Council, upon the recommendation of the incoming President and Vice-President, and upon a two thirds vote of members present and entitled to vote, may appoint such members of the Liberal Party who have made a distinguished and significant contribution to the Young Liberal Movement and the Liberal Party of Australia as Life Members of the Young Liberal Movement of Australia.
As at 27 January 2019