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www.alp.com The Hon. Bob Hawke AC The Hon. Neville Wran AC QC

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Page 1: The Hon. Bob Hawke AC The Hon. Neville Wran AC QC...the Hon. Neville Wran AC QC. The National Executive Committee together with Helen Creed, Judith Downey and Marsha Thomson formed

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The Hon. Bob Hawke ACThe Hon. Neville Wran AC QC

Page 2: The Hon. Bob Hawke AC The Hon. Neville Wran AC QC...the Hon. Neville Wran AC QC. The National Executive Committee together with Helen Creed, Judith Downey and Marsha Thomson formed

The Report in Context 3Background to the Review 6The Consultation Process 7

What You Said 8The Challenge for Labor 9

A Modern Role for Members 10An Enduring Partnership: Labor and the Union Movement 17

Restating and Implementing Our Values 20Getting the Best Candidates 23

Maintaining Community Relationships 27Conclusion 28

Summary of Recommendations 29

Contents

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Photos supplied by:• Text Media• Anthony Leong

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The Report in Context

We deliver this report to you in aworld—and an Australia—which, in many ways, isunrecognisably different fromwhen we joined the ALP morethan fifty years ago. The rate ofchange has been exponential andindeed the Australia of todayand the internationalenvironment around us isprofoundly different from the1980s when we led LaborGovernments at the Federal andState levels. The way we producegoods, provide services,communicate, organise structuresof work and leisure, theexpectations of occupationalcontinuity and employmentsecurity—all these have changeddramatically and are stillchanging.

We do not offer valuejudgements about these facts. Wesimply make the point thatwhen, all around us, individualsand organisations have had tomake adjustments to cope withthese new realities, it is futile forour Party to believe that it toodoes not need to adapt itself so

as to maximise its relevance andattractiveness, in thissignificantly changedenvironment.

The keys to making thatadjustment most effectively are,first, to identify the essential,unchanging and unchangeableelements of Labor philosophythat distinguish us from ourconservative opponents; second,having done that, to amend ourpractices and procedures in a waywhich will best equip the Partyto attract genuinely committedmembers and to win governmentwith policies co-operativelydeveloped on the basis of thosefundamental Labor principles.That is, we must establishprinciples, practices, proceduresand policies which resonate withthe attitudes and aspirations ofthe Australian people at thebeginning of the twenty-firstcentury.

We do not offer a detailedprescription of what we believethose core elements are, butbelieve they certainly include:

■ The right of individuals touse their talents for selfadvancement balanced by thecollective responsibility ofsociety to provide reasonablestandards for those unable tofend adequately forthemselves;

■ The creation of equalopportunities for individualsto develop those talentsthrough education, trainingand retraining;

■ An unqualified opposition todiscrimination based on race,colour, creed or gender;

■ Recognition of the priorownership of this continent by the aboriginal people and of the fact that, as the mostdisadvantaged group in ourcommunity, they aredeserving of special assistancein the areas of health,education, employment,training and retraining;

■ Belief in and commitment toa growing economy as a basis for improved standards andquality of life and as a source

The Hon. Neville WranAC QC

The Hon.Bob Hawke AC

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of revenue to finance servicesrelevant to those standardsand qualities that onlygovernments can provide;

■ Belief in and assistance for anenlarged Australianpopulation, throughappropriate family supportand further migration,including a substantial intakeof genuine refugees;

■ Commitment to the defenceand security of Australia,remembering that it wasLabor to whom the nationturned at the time of itsgreatest crisis after theoutbreak of the SecondWorld War;

■ The pursuit of anindependent foreign policycalculated to advanceAustralia’s best interestswithin a framework of respectfor the aspirations of othernations and our responsibilityas a developed economy toplay, with other sucheconomies, a constructiverole in assisting the tragicallylarge proportion of theworld’s population living inpoverty;

■ Protection of the naturalenvironment, including theimprovement and moreefficient use of our waterresources; and

■ The right of workers toorganise and bargaincollectively.

We mention the right toorganise and bargain collectivelylast, not because we regard it asthe least important of Labor’score beliefs but rather to lead

into some more comprehensivecomments we wish to make onthis subject.

We begin with the historicaltruth that the Australian LaborParty grew out of the defeats ofindustrial labour in the latenineteenth century. It is a matterof pride to us, and it has been ofsignal benefit to this nation, thatthe connection of the tradeunions with the ALP has been acontinuing feature of this, themost enduring social democraticparty in the world.

The single most significantdecision of the past which hasshaped, for the better, theAustralia of today was that takenin the darkest days of World WarII by the Curtin LaborGovernment to initiate the vastpost-war immigration program—the program which has made usthe economically strengthenedand culturally enriched nationwe are today. Againstconsiderable opposition withintheir ranks from those whoremembered only a history ofhigh levels of unemployment,the trade union leadership threwits support behind the program—a support which was vital to itssuccess and which wasgenerously recognised by theconservative leaders, RobertMenzies and Harold Holt.

This is the trade unionmovement now so disgracefullyreviled by certain conservativetroglodytes whose constructivecontribution to the well-being ofAustralians is zero by way ofcomparison. The wages andconditions of employment of theoverwhelming majority of

Australians have, to a veryconsiderable extent, beendetermined by the commitment,hard work and financialcontributions of the organisedtrade union movement. And,therefore, far fromrecommending that our Partyshould walk away from the tradeunions, we acknowledge boththeir historical contribution andthe way in which they arethemselves currently undertakingsignificant adaptation to achanging environment. As inevery developed country, changesin economic structure and workpatterns have led in Australia todeclining numbers andproportions of workers in unions.As a result, however, of theirown restructuring, education andrecruitment programs, that trendhas been reversed in the past twoyears. Community attitudes totrade unions have improvedmarkedly, reflecting, in part, thefact that on average, unionmembers earn approximately 15percent more than non-unionists.

Nearly two million Australiansare members of trade unions andit is appropriate that throughtheir organisations, and we hopeto a greater extent, individually,their voices be heard in thecouncils of our Party. Ourrecommendation that where the60/40 rule operates it should bebrought back to the 50/50 ruleapplying in South Australia,Tasmania, ACT and NT is notinconsistent with this. We makerecommendations that willensure more effective lines ofcommunication between tradeunions and the Party at all levels.We do this at the same time that

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we suggest the formalisation ofprocesses for effectiveconsultation with business andcommunity welfareorganisations.

Turning next to Party proceduresand practices, ourrecommendations are based onone simple premise—an attemptto make the operation of ourParty as attractive, inclusive andparticipatory as possible.Members—and we are certain,prospective members—wantsomething more than the oftenstultifying experience of branchmeetings. They, and we, alsorecognise that in all politicalparties there will be a tendencytowards some form of associationbetween individuals who sharethe same orientation on policymatters. But there is awidespread, genuinedissatisfaction with thedeadening impact of factionalismand the associated phenomenonof branch stacking. We make anumber of recommendationsdirected to these issues andcalculated to broaden the basis ofmembership activity, capacity forinvolvement in policyformulation and the election ofparliamentary and conferencerepresentatives.

Finally, on policy, while we knowthat a general review is being

undertaken in this area underthe leadership of Jenny Macklin,we feel that the brief we havebeen given—which canessentially be reduced to how tomake our Party more attractiveto its members and to thepublic—would be incompletewithout going to onecontemporary issue.

No policy issue arose morefrequently in our listening to andreading submissions from Partymembers than that of boatpeople and refugees. We suggestwhat we believe is the correctand humane policy in this area.We clearly assert Labor’s beliefthat Australia has the right todetermine the size of itspopulation intake, who remainsin Australia and who becomes anAustralian citizen. Boat peopleand refugees should be located inreasonable accommodation andwith humane treatment in thenatural holding area ofChristmas Island and, oncompletion of the new facility,John Howard’s diaspora of thedesperate around the Pacificshould be located there. Theunacceptable detention centreson the Australian mainland, likeWoomera, can then be closed.Increased resources would beapplied to processing these

people as rapidly as possible andthose judged to be genuinerefugees would be admitted toAustralia under an enhancedrefugee program. Throughnegotiations with our neighboursand a strengthened coastguardservice everything possible would be done to stem the illegal and inhumane trade in boat people. We would negotiatewith the appropriate national and international authorities tosecure the return to their homelands of those judged not to be genuine refugees.

Australia needs to rid itself of aconservative government that isdivisive at home and subservientabroad. All of us should put thatchallenge, the challenge ofequipping Labor under SimonCrean to win the next electionand to govern in the interests ofall Australians, above anyperception of personal andfactional advantage. We believethat with this commitment ourrecommendations, if acted upon,can produce such an outcome.

Bob HawkeNeville Wran

AUGUST 2002

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Background to the Review

After the November 2001 Federal election the Leader of theFederal Parliamentary Labor Party, Simon Crean, announced acomprehensive review of the ALP’s organisation, structures andinternal processes. To this end, the ALP National Executiveresolved at its meeting of 13 December 2001 to establish aNational Committee of Review to examine and report on thefollowing matters:

1 Procedures to ensure the ALP attracts and preselects the bestpossible candidates to contest Federal seats;

2 Mechanisms to secure the best input to the Party’s policy reviewand development processes;

3 Relationships between the ALP and the trade unions and othersignificant community and interest groups;

4 Strategies to increase the ALP’s primary vote at Federal elections;

5 Measures to broaden and increase the membership of the Partyand the involvement of the members in Party activity; and

6 Examination of internal processes within the ALP.

The Review was conducted jointly by the Hon. Bob Hawke AC and the Hon. Neville Wran AC QC. The National Executive Committeetogether with Helen Creed, Judith Downey and Marsha Thomsonformed a reference body and resource for the Review. The Secretary to the Review was the Assistant National Secretary, Tim Gartrell.Jim Chalmers provided research support and Sandy Rippingale wasresponsible for the logistics of the consultation program.

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The Consultation Process

The Committee of Reviewconsulted extensively with Partymembers and interested groupsaround Australia. Partymembers’ forums wereconducted in every State andTerritory, in centres includingSydney, Melbourne, Ballarat,Adelaide, Mount Gambier, PortAugusta, Perth, Darwin, Hobart,Launceston, Bunbury, Cairns,Townsville and Brisbane.Community leaders, Premiersand Chief Ministers, past andpresent members of parliament,national union leaders, women’sgroups and academics were alsoconsulted in meetings around

Written submissions were calledfor and accepted until 31 May2002. These were lodged by post,fax and email. The Committeereceived 669 submissions—399 byemail and 270 by mail and fax.The submissions were highquality, constructive and offeredvaluable suggestions for the futureof our Party. The time taken toprepare many submissions wassubstantial, demonstrating thestrength of commitment to theLabor cause amongst many of ourmembers. All submissions wereacknowledged, read, consideredand analysed in the preparation ofthis Report.

the country. As a result, morethan 2000 Party members andother interested people had adirect input into the Committeeof Review.

This Report also takes intoaccount the views expressed tothe New South Wales and SouthAustralian committees of reviewwhich we headed up individually(Wran, NSW; Hawke, SouthAustralia). The NSWCommittee has released itsrecommendations. The SouthAustralian Review has beenincorporated in this Report.

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What You Said

Clear themes arose out of theCommittee of Reviewconsultation process. Uppermostwas the desire of rank and filemembers to be givenopportunities for a greater say inthe operations and policydevelopment of the Party.Currently, many feel detachedfrom decision-making and aredisillusioned with what theybelieve is the marginalisation ofthe membership through thedominance of the factions, Partyofficials and parliamentaryrepresentatives. Members calledfor the Party and its leaders togive them ‘something to believein’, a set of principles whichunites the ALP anddemonstrates our difference fromthe Coalition. From thehundreds of submissions thepriority that Party membersplace on issues can beascertained. The greatestconcern among the rank and fileis the level and nature offactionalism in the Party, andthe detrimental effect this hason internal democraticprocesses.

Nonetheless, factions are partand parcel of a Party thatoperates on democratic

over branch stacking, and thecancerous effect this activity hason the democratic traditionsthat have been the strength ofour Party.

A perceived lack of policydifferentiation from ourconservative opponents is nexton the list of concerns, closelyfollowed by a desire for moreopportunities for policy input.Some members pointed out thatbranch meetings and otherorganisational structures wereirrelevant to their busy lives.Other issues raised in asignificant number ofsubmissions included: dwindlingbranch membership; AffirmativeAction and the need tocontinue to increase women’sparticipation at all levels;proposals to link individualParty and union membership;concerns over communicationfrom parliamentarians and Partyoffices; more effective use of theInternet to spread the Party’smessage and keep membersinformed; issue, workplace andonline branches; and greatereducational opportunities, Partytraining and internships.

principles. Like-minded peopleinevitably organise in order tosupport each other and proposeand support particular policies.Factions can, and do, perform apositive role within the ALP ifthey nurture talent and serve assources of policy ideas. They canand do contribute to the orderlyresolution of conflict.

In the view of many, however,the factions now hold toocentral and too strong a grip onpolicy and candidate selection.Worse still, they are sometimesseen as forces which invite andinstitutionalise conflict.

The issues around whichfactions originally coalesced areno longer so divisive within theParty. In place of a battle ofideas we see too much conflictbased around personalities andpositions.

No better example can beoffered than preselections forpublic office. Local branchmembers complain they haveinsufficient say in determiningtheir parliamentaryrepresentatives.

Of course, this is closely relatedto a third, often-raised concern

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The Challenge for Labor

The 2001 election saw only 37.8 percent of voters casting afirst preference for Labor—lower than in any of the bigdefeats of 1975, 1977 and 1996and the lowest primary vote forthe Party since 1906. Thedecline in the primary vote hasincreased Labor’s dependence onbeing the second choice ofminor party voters.

This is partly attributable to thedecline in ‘party identification’experienced in comparabledemocracies elsewhere, and isevidence of what has been called a pattern of ‘partisandealignment’. ‘Dealignment’ has been attributed to risingeducational levels, moreaccessible political information,and dissatisfaction with politicsand the democratic process. This trend is most concentratedamong the young.

enough was done to win thesupport of the ‘aspirational’voter, however defined. Allagreed that Labor must act togain the long term support ofnew voters, cement the backingof swinging voters and preventpreviously loyal ALP votersdrifting away to the otherparties.

The process of rebuilding Labor’svoter base must begin with athorough restatement of theParty’s values, and considerationof the most appropriate ways totransform these values intopolicy. We must also considerour processes for preselectingquality candidates andmaintaining effectivecommunity relationships. These measures are importantfirst steps on the path toimproving our primary vote.

The 2001 Australian ElectionSurvey showed that major partyidentification in this country—those who indicate they identifywith one of the major parties—reached a low of 77 percent in2001. Australia’s major politicalparties can no longer rely on alarge base of loyal electors:support must be gained andcarefully maintained, and noone can be taken for granted.For Labor, this invites someserious consideration of the beststrategies to maintain a supportbase from which to reach out toswinging voters.

Many submissions received bythe Committee of Reviewargued the ALP is failing todifferentiate itself sufficientlyfrom the Coalition. Somesuggested Labor had lost touchwith its traditional blue-collarbase, while others argued not

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A Modern Role for Members

Rank and file members whoparticipated in the Reviewrepeatedly expressed the feelingthat the Party no longerresponds as well as it might totheir concerns. Partymembership must be seen asmeaningful, constructive andattractive to potential members.Avoidable barriers to joiningshould be removed andmembership structures needreform. We conclude that theconduct of branch meetings,voting and eligibility rights,addressing branch stacking,discounted Party dues for unionmemberships, the compositionand operation of NationalConference, and theestablishment of a NationalAppeals Tribunal should beregarded as priorities. We have also made a number ofrecommendations about theneed for greater representationof women at all levels of theParty. These recommendationsare included on pages 24–25 ofthe Report which deal withAffirmative Action andcandidate selection.

National ConferenceMany Party members viewNational Conference as a stage-managed affair run by factionalleaders, devoid of real policy

years membership. Quotas wouldneed to be implemented toensure that large metropolitanelectorates with high numbers ofmembers did not excludemembers from rural and regionalareas. In order to maximise theinvolvement of rank and filemembers, Federal Members ofParliament, their staff and Partyofficials would not be able tonominate for these positions. All Federal MPs would be givenmoving and speaking rights toensure their continuedinvolvement. The Party wouldneed to ensure this directelection of delegates would notdiminish the involvement ofunions at National Conferencenor should it lead to prohibitivecosts. Regardless, the principleof a larger, more representativeConference must be central toany final model.

RECOMMENDATION 1We recommend that the SpecialNational Conference adopt thefollowing principles for thestructure of the NationalConference, that:

1. The size of the NationalConference be significantlyincreased;

2. The increased participationof rank and file members beencouraged through the

debate, and inaccessible to therank and file. They believeparticipation from the grass rootsof the Party is stifled. We sharethe concern of many membersthat vigorous debate oncontroversial issues is beingavoided for the sake of a purelycosmetic unity. For a Party likeours, this is bound to beultimately counterproductive.

Alternative processes must besought to promote input frommore sectors of the Party byenlarging both State andNational Conferences. Increasedparticipation could beencouraged through the directelection of a component of alarger National Conference.Such a Conference wouldprovide for greater rank and fileinput into the premier ALPforum, and would likely offer arange of views, rather thanrepresenting only the interests ofan exclusive group of factionalplayers. Proposals for reform ofthe way the Party selectsNational Conference delegatesranged from state-wide ballotsfor delegations to a system whererank and file members areelected from their Federal Partyunits. We believe the best wayto directly elect delegates isthrough a state wide ballot ofmembers with more than two

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direct election of acomponent of the NationalConference;

3. The number of delegatesrepresenting unions at theNational Conference shall beconsistent with the equalpartnership reflected in thisReport and in the result shallbe consistent with changesto the ratio of delegates thatwe have recommended forState Conferences;

4. Federal Members ofParliament, their staff, andpaid Party officials shall notbe eligible for election to theConference in the direct rank and file component ofthe Conference. FederalMembers shall be entitled to attend the NationalConference with the right to move and speak to arelevant motion; and

5. In addition, the FederalLeader and Deputy Leader inboth of the Federal Houses ofParliament and each of theState and Territory Leadersshall be delegates to theNational Conference.

This expanded NationalConference would also beenhanced by enlarged StateConferences with greater rankand file involvement. Werecommend States implementthis principle.

The detail of this expandedNational Conference will needto be resolved in the lead up tothe Special National RulesConference.

Another component of NationalConference reform involvesimproving the policydevelopment process leading upto the event. To some extent thiswill be covered in ourrecommendation to revamp andrevitalise the State PolicyCommittees and empower themto consider Federal policy.Meanwhile, the NationalConference Taskforce is dealingwith this and other related issues.

The Branch MemberExperienceBranch meetings are no longerseen as stimulating enough toentice members to attend after aday at work. They are usuallyheld on weeknights, making itinconvenient for the elderly andthose with families. Meetings areperceived as excessively formal,procedure-driven and rigid.There is no structuredorientation program for newmembers, so they often fail toattend more than once or twice,or renew their membership.

Part of the solution lies in acommitment to branch reformfrom the Party and from currentmembers and branch leaders.The Party needs to provideflexibility to cultivateinnovation and creativity at thebranch level, while rank and filemembers must show leadershipand commitment at the locallevel to ensure new members arenurtured and encouraged andbranch meetings are moreappealing. The onus is on theParty to bring imagination andflexibility to branch structures.

We have to hear and respond toa generation of Australians thatwants options about how itparticipates.

More could be done for membersin recognition of theircommitment and contribution.This could include a dedicatedsection of the ALP web site, formembers only, to encouragelocal activism. An expandedpractice of emailing Partymembers (currently usedeffectively in New South Walesand the ACT, for example) withregular updates, news and eventsshould also be encouraged.These options would add to themembership experience andwould help rebuild and maintainlocal ALP communities.

Historically, branches have beenorganised geographically andwith links to local electoratebodies and Party units. Issue-based branches, the argumentgoes, might be formed aroundenvironment, civil rights,refugee or other policy areas.Those with an interest wouldthen meet as a branch to discussthe specifics of that policy. TheCommittee acknowledges issuebranches might artificially limitthe scope of branch activity, andthere is some concern over thepotential for them to be used bysingle-issue lobbies.

Nevertheless, we believe that atrial of issue or policy branchesis worthwhile. A revamped andimproved policy committeesystem (see below) can alsoprovide opportunities fordetailed policy discussion.

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RECOMMENDATION 4In metropolitan areas thenumber of branches beconsolidated to provide forlarger meetings and betterbranch organisation.

Finally, more could be done tonourish activism and train andeducate our rank and filemembers. Party internships, a system of mentoring, education forums, on-line civicsand Party courses, campaign and branch manuals and othercommunication strategies should be considered in order to enhance the branch memberexperience and the quality oftheir contribution.

The ALP and theInternetIn 1995, the ALP was the firstpolitical party in Australia tohave a political website. In2002, virtually all politicalparties have a web presence, andit usually accompanies the birthof new political parties.However, it is currently onlyduring election campaigns thateither the public, or the Partyfor that matter, pays the mostattention to this particular‘public face’ of the Party.

In successive Federal campaigns,since 1996, the ALP has beenjudged to have the best politicalwebsite, and, according toHitwise statistics, it continues tobe the number one rankedpolitical website in terms ofvisits. However, despite thisprogressive approach to usingthe Internet and the success ofthe ALP Web, it is still unclear

how best to use this new mediumto promote the aims of the party.

The ALP must continue toexplore the Internet, in all itsforms, for ways to further its aimsand maintain its pre-eminentposition as a user of newtechnology to facilitate policydevelopment and social change.Currently, the federated nature ofthe ALP makes it difficult toprovide a single online presencefor people wanting to join theALP. Online branches may be agood first step to providing a one-stop shop for people.

In some State branches it ispossible to join a central list.Such a member is encouraged to join a ‘proper’ branch in order to enjoy full membershipprivileges. However, being acentral branch member issufficient for many people.

It may be possible to extend thisconcept to online branches,which are run nationally, andwhich encourage people to jointhe appropriate State branch.With such a scheme, it would bepossible to offer online membersthe opportunity to belong to, andparticipate in, online policyforums. Again, it is not clearwhat the best way to do this is,and one of the first tasks ofonline branches would be todetermine the rules forengagement and mechanisms toavoid online discussionsbecoming dominated byparticular individuals.

However, it is clear that mostpeople with ready online accesssee this as a way for them to

RECOMMENDATION 2Policy branches be instituted ona trial basis and be linked to anexpanded and improved systemof Policy Committees.

Some submissions pointed outthat members’ work and familycommitments often made itdifficult for them to attendbranch meetings regularly. Byestablishing branches wherepeople work, the Party couldoffer opportunities for broaderand more flexible participation.If our goal is to boost ALPmembership we must make iteasier to join and participate.Workplace branches wouldcontribute to this goal.

RECOMMENDATION 3State branches should developdifferent forms of branchorganisation such asoccupation, workplace andemployment related branches.Attendance-based preselectionvoting requirements would notaccrue through attendance atthese branches.

An additional component ofbranch reform is to address theconcerns of those whosetraditional, geographically basedbranches are dwindling in size.The answer to this problem, atleast until the benefits of theother reforms proposed here arerealised, is to consolidate smallbranches in metropolitan areas.Regional areas would beexcluded from branchconsolidation because of thedifficulties associated withdistance and access.

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become more involved in policydevelopment. The responsibilitythen lies with the ALP to allowonline branches their ownlegitimacy in the policydevelopment process.

There are technologicalchallenges in providing secure and reliable online branches inaddition to the more significantchallenges of integrating suchbranches into the currentmembership and policydevelopment processes. However,we recommend the establishmentof online branches to broaden theavenues for member involvement.

RECOMMENDATION 5Online branches should beestablished to provide broaderand more modern avenues forrank and file participation.

Youth InvolvementThroughout the Review we wereimpressed by the quality ofsubmissions and the depth ofenthusiasm among youngmembers. They called for greaterrepresentation in the Party andwider avenues for participation.One suggestion which receivedwidespread support and wasgreeted with enthusiasm by manyyoung members was the formationof ALP branches on universityand TAFE campuses. Theprinciples of access, participationand representation in the LaborParty are best satisfied byinstituting branches where youngpeople work and study, and byproviding for a Young Laborpresence in the decision-makingforums of the Party.

RECOMMENDATION 6State branch rules should beamended to allow for andencourage the establishment ofofficial ALP branches onuniversity and TAFE campuses.

RECOMMENDATION 7Every State and TerritoryAdministrative Committee orExecutive should consider co-opting a non-voting member ormembers of Young Labor.

Other Avenues ForInvolvementWhile full membership shouldalways be encouraged andpromoted, some people, forwhatever reason, are reluctant tojoin the Party but are willing tocontribute to it as activesupporters. A supporters clubcan contribute vital social,fundraising and other benefitswhile not exclusively confinedto paid-up Party members.

The ALP should encourage theexistence of supporters’ clubs.An extension of this could bethe development of an associateclass of membership. Eventuallyassociate members would beencouraged to take out full Partymembership.

RECOMMENDATION 8The Party should encourage the formation of supporters clubs and explore the possibility of the creation of an associateclass of membership as a way of broadening involvement in the Party.

Preventing BranchStackingBranch stacking is high on thelist of branch member concernsand remains one of the Party’smost difficult challenges. Whenmembership lists are artificiallyinflated with large numbers of‘members’ lacking commitmentto the Party, internal democraticprocesses are distorted. Thedilemma for the Party is how toguarantee only genuine,interested Party membersparticipate in ballots withoutimposing excessive limitations.This goes to the heart of anyeffective reforms to tacklebranch stacking, and informs ourrecommendations here.

The Review Committeeconsidered a range of eligibilityrequirements for fullmembership rights, which allowmembers to vote in preselectionsand other Party ballots. TheCommittee believes the optimalbalance between the twoextremes is achieved whenmembers are accorded fullvoting rights after two years’membership and after meetingbasic attendance requirements.

RECOMMENDATION 9That after two years’membership all members beeligible to vote in a preselection for a Federalcandidate subject to attendancerequirements in their State. Wealso encourage State branchesto relax the attendancerequirements for eligibility.

Any attempt to stamp outbranch stacking presents a

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RECOMMENDATION 10To ensure the integrity ofpreselection ballots, no membershall receive a vote in anypreselection unless thatmember is correctly enrolledwith the Australian ElectoralCommission to vote in a Federalelection. The member’s addressfor the purposes of preselectionshall be their enrolled address.

An additional concern is thelarge proportion of ourmembership whose fees are paidat the concessional rate. Our feestructure is set up so that theunemployed, students, low wageearners and retirees are notdisadvantaged by highmembership dues. However, thissystem can be abused by branchstackers who pay large numbersof memberships for factional orpersonal advantage.

Unfortunately, this means theParty must consider tougheningthe process of qualifying for theconcessional rate. The mostappropriate, practical way ofdoing this is to require potentialconcessional rate members tosign a declaration. This measurewould be included in a range ofreforms to the joining andrenewal processes directedtowards combating branchstacking.

We also heard evidence ofbranch stackers recruitingmembers or renewing otherpeople’s membership, sometimeswithout their knowledge orconsent.

The 2000 National Conferenceadopted National Rule 16,which outlawed such behaviour

and required individuals to sign their application formembership.

State branches have takenaction to prevent the renewal of membership en masse. For example, the NSWAdministrative Committee hasadopted a set of guidelines thatrequire individual receipting ofmembership renewal, signedindividual renewals or thecompletion of a declarationcertifying the authenticity ofrenewals, and limits on renewalby phone or mail.

The measures recommendedbelow will strengthen theseinitiatives and ensure thatmembership recruitment andrenewal is genuine.

RECOMMENDATION 11In order to further strengthenefforts to control branch stackingthe following measures beadopted:

■ The practice of ‘bulk renewals’(where members are reneweden masse by another person)not be permitted under therules;

■ A standard renewal form bedeveloped which requires anindividual’s signatureauthorising renewal, andcontaining a declaration frommembers who seek theconcessional rate;

■ A number of members canpetition a State Executive orAdministrative Committee toinvestigate stacking in a Federal seat;

■ The National Executive shouldcontinue to take an active role

significant dilemma for theParty. The challenge is toprovide frameworks whichencourage participation withoutmaking it easy for branchstackers to profit from malleablerules. We have made ourrecommendations with the aimof expanding avenues forparticipation in the ALP, but wemust also eliminateopportunities for branchstacking and other anti-democratic practices.

The next step in the Party’s bidto tackle branch stacking is toensure any member who wantsto participate in a preselectionballot is enrolled with theAustralian ElectoralCommission to vote in that area.This would ensure that thosewho help select the Party’scandidates are also eligible tovote in the general election andwould protect the integrity ofour plebiscite lists. It also meansthat non-citizens can still beinvolved in Party activities.Some consideration also needsto be given to the most effectiveway of ensuring members under18 are not disenfranchised by arule change of this nature.Given members should beeligible to vote in preselectionsonly after two years’ continuousmembership, and because votersmay provisionally enrol beforetheir 18th birthday, this mightprove a minor issue.Nonetheless, the small timewindow that can exist betweensatisfying other preselectioneligibility requirements and theage of 18, leads us to recommendthat special consideration begiven to those in this situation.

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in monitoring branch stackingand other forms ofmembership manipulation;and

■ Consideration be given tostrengthening State rules thatlimit the number of peoplewho can join a local branch atany one time.

State branches should be askedto implement these measuresand report back to the NationalExecutive by 1 July 2003.

Union MembershipGiven the importance of theunion movement to the Party,the ALP should make everyeffort to ensure people recruitedto the Party are members oftheir appropriate union. Part ofthis effort might involve adiscounted Party membershiprate for unionists (seeRecommendation 20, below).Another consideration is themost appropriate method ofencouraging ALP members who are employers to hire union labour.

RECOMMENDATION 12Party members are encouragedto be members of a union or toemploy union labour. Rulesrelating to members who areemployers should be framed tocomply with the law.

National AppealsTribunalAs a Party centred ondemocratic principles the ALPwill inevitably experiencedisputes about internal

processes. It is essential, though,to ensure we have mechanismsin place that resolve disputesjustly and effectively.

The recent decision in theSouth Australian SupremeCourt in Clarke v the ALPdemonstrates that the Courts are now willing to intervene inthe internal affairs of politicalparties.

It is inevitable that the Courtswill do so if Party internaltribunals deny members dueprocess or natural justice inarriving at their decisions.Moreover, it is clear that theCourts will be prepared to gobehind the record to investigatethe regularity of internaltribunal proceedings.

The 2000 National Conferenceadopted important ruleamendments which require allState and Territory branches ofthe ALP, where necessary, toamend their rules to reflectNational Rule 16(h) whichstates that:

“All State and Territory branchrules must, where necessary,establish a tribunal to effectivelyresolve disputes concerningmembership. All state disputetribunals will operate accordingto due process and according tothe national membershipprinciples and rules”.

As part of the 2001 reformprocess in Queensland both theQueensland AdministrativeCommittee and the NationalExecutive supported theestablishment of a three-person

advisory panel to deal withadmissions of electoral fraudmade by Party members at theShepherdson Inquiry.

The Advisory Panel consisted ofthree eminent Australians withlegal experience and a history ofinvolvement in the labourmovement. The Panel waschaired by the Hon. Len King(former Chief Justice of theSupreme Court of SouthAustralia), the Hon. Joe Riordan(former Senior Deputy Presidentof the Australian IndustrialRelations Commission) and theHon. Jeff Shaw (formerAttorney General of NSW).

The Panel’s role was clearly anadvisory one. On all matters thefinal decision lay with theQueensland AdministrativeCommittee.

As the panel proceeded itbecame apparent that thecollective legal and Partyexperience of its membersprovided a valuable way ofapplying natural justice andprocedural fairness todisciplinary proceedings during avery difficult time for theQueensland Branch.

It is our view that it is time forthe Party to establish a NationalAppeals Tribunal. This Tribunalwould be comprised of highly-regarded members with nooperational or continuingparliamentary role. Members ofthe Tribunal would be appointedby the National Executive.Current Members of Parliament,members of State Executives andAdministrative Committees, and

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Party officials would be excludedfrom such a Tribunal.

RECOMMENDATION 13That a National Appeals Tribunal be established to ensure theParty provides proper appealmechanisms for its members. In developing such a body thefollowing requirements must be satisfied:

1. That members of the Tribunalare not involved in the day today affairs of the Party, arenot appointed to the body torepresent factional interestsand are held in high regardby Party members;

2. That the body has anadvisory role, with finaldecisions to be made by theNational Executive;

3. That all avenues of appealhave been exhausted at theState level;

4. That guidelines for the scopeof appeals and the grantingof leave to hear appeals bedeveloped;

5. That processes forappellants ensure proceduralfairness and the efficientrunning of the Tribunal; and

6. That approaches taken by theTribunal are consistent with

legal definitions of naturaljustice and proceduralfairness.

Members of the Tribunal shallbe appointed by a two-thirdsmajority of the NationalExecutive.

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An Enduring Partnership:Labor and the Union MovementIn our introduction to thisReport we reaffirmed the Party’spartnership with the unionmovement. The link isfoundational as a matter ofhistory and fundamental to anyassessment of the Party’s future.We repeat what both of us havesaid at Party conferences: it ispossible to have a party of socialdemocracy without the unions; itis not possible to have a LaborParty without the unions. Theway ahead is not to sever theunion connection but to renewand reinvigorate the partnership.

The Labor Party and theAustralian trade unionmovement have, for more than acentury, represented the samecore constituency comprisingworkers and their families. Bothwings of the labour movementhave fought for a better standardof living for this group. Thoughthe Party also represents abroader constituency, therepresentation of workingfamilies is a fundamental taskshared by both Labor and theunions.

As well as sharingconstituencies, the ALP and theunion movement have drawnupon a common set of principles.These are what the ALPPlatform refers to as ‘constant

values in a time of change’. The union movement makes animportant contribution to themaintenance of these principles.As the ACTU has noted, ‘theykeep the ALP directly andstructurally engaged with theconcerns and aspirations of working families’. Theseconcerns—a rewarding job,education for their children, and accessible health services—provide the Party and the unionmovement with a sharedpurpose, and a set of goals forwhich we strive for the benefit of our shared constituency.

In this context, the focus of thepartnership should continue torevolve around the followingprinciples:

■ A fair industrial relationssystem underpinned bycollective bargaining rightsfor workers, a strongindependent umpire, andorganising rights for unions;

■ Strong health and safety laws;

■ A commitment to Australianjobs;

■ A decent and effective systemof award minimum wages andconditions;

■ A commitment to equal pay;

■ A commitment to improvethe rights of casual workers;

■ A commitment to makingthe workplace more familyfriendly including universalaccess to paid maternityleave;

■ A plan for strong publicservices based on principles ofequity and care; and

■ A commitment to a strongrole for government andindustry policy and acommitment to decent,secure employment.

We heard from many rank andfile unionists as well as theirnational representatives. Manyexpressed concern that some inthe ALP had sought, at least byinference, to shift blame for theFederal election loss onto theunion movement.

There was no evidence that theunion movement was a liabilityfor the ALP at the 2001election. In fact, to the contrary,all the evidence pointed to theHoward Government’sreactionary and anachronisticindustrial agenda as a source ofincreased support for the role of unions.

Consideration of the 60/40 rulefor State Conferences was onlyone aspect of our examination ofways to renew and strengthenthe partnership. We believe that

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the Party-union relationship ismost effective when there areopen channels for consultationbetween the political andindustrial wings of the labourmovement.

The Australian Labor AdvisoryCouncil is one obvious avenuefor dialogue. However, the valueto be drawn from ALAC has notbeen maximised over the pastdecade. The Committee feels itshould be revitalised as part ofconcerted attempts to improvethe exchange of views. Theimportance and mutual benefitfrom such a continuingexchange, especially when Laboris in government, cannot beoverestimated.

Mechanisms should also beexamined that would allow around table meeting of StateLabor leaders with their Federalcounterparts and the ACTU inorder to coordinate industrialreform and provide a uniformresponse to the conservatives’industrial agenda.

RECOMMENDATION 14The Australian Labor AdvisoryCouncil (ALAC) be revitalised asthe key consultative mechanismin the open and constructiverelationship needed between theunion movement and the Party.Issues such as the adequateresourcing of regular meetingsneed to be addressed toguarantee the potency of such abody. ALAC should meet at leasttwice a year, and its role writteninto the National Rules. ALACshould also be informed of, andparticipate in, the activities ofthe new National PolicyCommittee.

RECOMMENDATION 15State and Territory Laboradvisory councils should also beestablished where they currentlydo not exist.

Parallel with a reviewed ALAC,consultation and dialogue shouldbe developed at the local level.Some union activists indicatedthey could see no point injoining the ALP and becominginvolved in local branchactivities as presently conducted.While that is disappointing, theParty should be making the effortto connect with them. LaborMPs should respond directly tolocal unionists’ priorities andsupport the role of local unionactivists. This would reflect themodernisation agenda that manyunions are carrying out withintheir own organisations, wherethe local activist becomes thefocal point of unionorganisation.

New arrangements could takethe form of a regular monthly orquarterly session open to allunion activists in the MP’selectorate, as well as othermeetings with activists that arespecific to a particular union orsector or geographic part of theelectorate. The details could beworked out locally, but the Partynationally should require eachMP to enter into a formalongoing consultative processwith union activists working intheir electorate. Senators shouldalso be involved in this processgiven their pivotal role indealing with the minor partiesover industrial legislation.

RECOMMENDATION 16Labor MPs be required toestablish dialogue with localunion activists in theirelectorates, including frequentmeetings with those unionactivists who work in their area.Senators should be required toattend at least one such forum a year.

These recommendations shouldbe combined with a reassessmentof the ALP’s relationship withthe union movement in itsdecision-making structures. Aneffective partnership betweenaffiliated unions and Partymembers should be a guidingprinciple.

An analysis of the number ofunion members affiliated to theParty demonstrates a declineover the past decade. In part,this is because most affiliatedunions represent industries thathave experienced sharp declinesin workforce numbers. It is an ongoing problem for theALP that many white collar andservice sector unions—thoserepresenting areas of growth—remain unaffiliated. This isdespite strong relationships at aninformal level with such unions.A broader range of affiliatedunions should be encouraged.

The institution of workplacebranches, recommended earlierin this Report, will facilitate partof this broadening of the range ofunionists involved in theactivities of the Party. Weenvisage a situation whereworkers in a firm or an industrymeet as a branch and, throughthat forum, provide valuableinput into the policy

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development and other processesof the ALP. This would ensurethe representation of a broaderrange of industries and includeworkers from unions who do not,for whatever reason, formallyaffiliate to the Party.

Many submissions from unionsclaim that a case has not beenmounted for changing the 60/40rule (where it currently appliesin New South Wales,Queensland, Victoria andWestern Australia). We believethe case for change is clear. Itcan be summarised as follows:

1. The 50/50 rule already existsin South Australia, Tasmania,and the two Territories and ithas not diminished theimportant role of the unionmovement;

2. A ratio of 50/50 betterreflects an effectivepartnership between theunion movement and theALP; and

3. 50/50 will give rank and fileParty members a greateropportunity to contribute toState Conferences.

The National Committee ofReview therefore recommendsaffiliated unions comprise nomore than 50 percent of StateConferences.

RECOMMENDATION 17That, in order to reflect theequal partnership between theParty organisation and the unionmovement, a national standardof 50 percent be applied to uniondelegates represented at StateConferences.

The actual composition of uniondelegations is another avenue forreform. The Review was toldthat some union delegates on thefloor of many State Conferenceshad no real connection with theunion. To ensure delegates arerepresentative of their union,they should be financialmembers of that union. Theselection process for delegationsshould, nonetheless, remain theprerogative of affiliated tradeunions.

RECOMMENDATION 18Union delegations to StateConferences should onlycomprise members of thatparticular union.

The total membership ofaffiliated unions determines thesize of their delegations to Partyconferences. The Committeebelieves the most appropriateway to ascertain unionmembership for Party purposes isthrough a snapshot audit system.The National Executive hasrecently developed this regimealong the lines of the AustralianElectoral Commission’s model,and it has been adopted by theQueensland branch. This systemshould be introduced nationallyto ensure affiliated unions areappropriately represented atParty forums.

RECOMMENDATION 19Union affiliation to the Partyshould be determined by a‘snapshot’ audit of members atperiodic intervals, in line withthe Queensland Branchaffiliation regime that wasdeveloped by the National

Executive earlier this year. Thismodel would reflect the methodadopted by the AustralianElectoral Commission whendetermining union membership.

The next step would be toencourage unionists to becomefull and active members of theALP. The Review recognises theconcerns raised over the cost ofconcurrent union and Partymembership. To make the Partymore attractive to individualunionists we should providediscounted ALP membership formembers of affiliated unions.

RECOMMENDATION 20To further encourage unionmembers to join, the Partyshould implement significantdiscounts for affiliated unionmembers. Consideration shouldalso be given to an even lower‘first year members fee’ forunionists.

While the dialogue betweenLabor and the trade unionmovement is vital, it is only oneof the relationships the Partymust maintain. Other groupsthat must be heard includebusiness, social and welfareorganisations. The best way to ensure valuable, ongoingdialogue is to write consultationmechanisms into the Party’srules.

RECOMMENDATION 21We recommend the Federal ALPconsult regularly withrepresentatives of the large andsmall business sectors, socialwelfare, and community groups.

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We believe the ALP mustdevelop a clear and concisestatement of its beliefs andprinciples. We need toreconsider the sentimentsexpressed throughout ourPlatform and the way these arepresented to the electorate andimplemented as policy. What isrequired is a distilled,recognisable statement that isunmistakably Labor, and clearlyexpresses our mission.

In the introduction to thisReport we have outlined a set ofprinciples which, we suggest,comprise the core objectives ofthe modern Australian LaborParty. These should be a startingpoint for the serious thinkingthat must now take place.

RECOMMENDATION 22The Party should develop astatement that conveys modernLabor’s objectives andaspirations in a form that can beconcisely and clearlycommunicated to our membersand the Australian community.This would be complemented bya better policy developmentprocess and an enlarged, moredemocratic National Conference.

Policy DevelopmentA policy review process iscurrently being conducted by theDeputy Leader, Jenny Macklin. Itfollows the 2001 Federal electionloss and will revise all Partypolicy with the exception ofLabor’s opposition to the fullprivatisation of Telstra.

Already Shadow Ministers havebegun a program of extensiveconsultation at many levels,including Party forums andmeetings, and discussions withinterested groups and academicsaround the country. Writtensubmissions will be accepteduntil 1 December this year.

The policy review aims todevelop a creative and engagingpolicy framework that delivers astrong economy for a fair society.It will also encourage debate anddiscussion about future policydirection, and counter thegeneral view within themembership that the avenues forgrass roots input into policydevelopment have becomenarrow and strewn withobstacles.

In this review process, themechanisms of policy discussion

and contribution, includingNational Conference, PolicyCommittees, stated Platformobjectives, and the operation ofthe Party’s think tank, theChifley Research Centre, arebeing examined.

In the past decade the NationalPolicy Committees have becomeless relevant in formulating theALP Platform. Consequently, theFederal parliamentary wing ofthe Party has assumed a far moreprominent role in policydevelopment, either throughresolutions passed by Caucus oras a result of policy draftssubmitted by Shadow Ministers.

Another problem has been theincreasing inability of factions toplace people on the NationalPolicy Committees who havepolicy expertise. Overall, this hasexcluded the wider Party frommuch of the work that goes intodrafting the Platform.

In addition, the National PolicyCommittees have usually beenformed around 12 months beforethe National Conference. Thismeans there can be a two-yearhiatus on Policy Committeeactivity.

Restating and ImplementingOur Values

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Finally, the five National Policy Committees have beeninadequately resourced andcoordinated and have thereforefailed in their vital task ofconsulting with the Partymembership.

In order to improve access andinput into policy developmentthe Review recommends theestablishment of one well-resourced National PolicyCommittee to be responsible foroverseeing continuousdevelopment of policy optionsfor inclusion in the Platform.

RECOMMENDATION 23That one permanent NationalPolicy Committee be establishedto oversee the coordination ofPlatform development in thelead up to the NationalConference. This Committeeshall replace the existing systemof non-permanent NationalPolicy Committees. This newbody shall:

■ Be responsible for conducting‘rolling reviews’ of the ALPPlatform with the purpose ofpreparing a draft Platform forthe National Conference;

■ Include Party members withconsiderable experience inpolicy development;

■ Work closely with theconvenors of the State PolicyCommittees;

■ In conjunction with StatePolicy Committees, conductregular forums in which rankand file participation isencouraged;

■ Review and consider allmotions passed by StatePolicy Committees;

■ Be resourced by the NationalSecretariat;

■ Consist of a Chair, DeputyChair and seven othermembers appointed by theNational Executive;

■ Have the power to co-opt non-voting members to theCommittee with particularexpertise when examiningspecific policy areas; and

■ Play an active role in policydebates and forums at anexpanded NationalConference.

Another related proposal is togive State Policy Committees arole in national policyformulation. This would meanpolicy consideration would takeplace closer to where people live,encouraging greater participationacross the country, and providinganother avenue for members tocontribute to Federal Laborpolicy. Greater encouragementfor non-elected Party members tocontribute specialised knowledgeis also important.

RECOMMENDATION 24All Party members should beeligible to attend State PolicyCommittee meetings tocontribute specialisedknowledge and expertise onFederal policy issues. Finaldecisions on policy documentsshould continue to be taken byelected Committee members.Committees should, wherefeasible, conduct forums andconsultations in provincialcentres.

Apart from Party conferencesand Policy Committees the otheravenue for policy input is thebranch system. Muchdisillusionment with theopportunities for policydevelopment from the rank andfile, uncovered during theReview process, was centred onbranch level activity. Primaryamong these concerns was thelack of communication betweenbranches, Party officials andparliamentary representatives.This is most clearly reflected inthe failure of State branches andMPs to reply to policy-relatedcorrespondence from thebranches.

This situation must change.Branch correspondence must bedealt with promptly andcompetently. In some cases thiswould involve detailed responsesoutlining Party policy ordirecting the branch to anothersource. In other cases, memberssuggested, a simpleacknowledgement that theircorrespondence had been readand dealt with was sufficient. Asfor specific policy motions passedat branch meetings, these shouldbe circulated to relevant ShadowMinisters and PolicyCommittees.

RECOMMENDATION 25Branch correspondence toparliamentary representativesand State branches should beresponded to promptly so thatbranch members know theircontribution has beenconsidered.

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RECOMMENDATION 26Motions passed by Party unitsshould be circulated to therelevant Shadow Ministers andState and National PolicyCommittees for considerationand response.

To improve the ALP’s policyresearch and development theParty needs to revitalise itsrelationships with universities,research bodies and think tanks.Some submissions suggestedcurrent arrangements fail to takefull advantage of the capacityand expertise of theseinstitutions. This does notcompare favourably with the

involvement of academics andpolicy experts in the policyformulation undertaken prior tothe election of the Whitlam andHawke Governments. Nor doesit measure up to the experienceof left of centre political partiesin comparable democracies suchas the United States and Britain.In this context, an importantstep forward would be themaximisation of the Party’srelationship with the ChifleyResearch Centre (establishedApril 2000). We note that theBoard of the Centre has justbeen expanded to include a morediverse range of Directors.

RECOMMENDATION 27The Chifley Research Centreshould continue to be developedas an active and dynamic bodywhich commissions andundertakes policy research anddevelopment in conjunction withShadow Ministers, policyexperts and progressive thinktanks from around the world.Chifley should also coordinateits activities with other thinktanks. This could begin with anannual forum of progressiveresearch centres.

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Effective Party preselections forpublic office are vital for thecontinued health of the ALP andthe quality of our parliamentaryrepresentatives. Manysubmissions received by theCommittee outlined perceivedfailings of current procedures topromote the selection of the‘best’ candidates. Thesubmissions reflected thefrustration of the rank and filewho believe they are increasinglyleft out of the preselectionprocess. This, they claim, has adetrimental effect on thesuitability of candidates for their local electorates. Whilecandidate quality is a verysubjective issue, some steps canbe taken to ensure Laborcandidates are representative ofthe communities they are drawnfrom and have the ability tomake a positive contribution inour State and Federalparliaments.

Central to the concerns of theParty’s members is the perceptionthat the factions dominatepreselections, effectively ‘lockingup’ the process by excludingnon-aligned members. Thisdrastically reduces local inputand creates a situation wherecandidates are rewarded for theirservice to a faction rather than

for their community links,perceived ability to win the seat,or their potential to make apositive contribution to theparliamentary Party. Asignificant proportion ofsubmissions highlighted theproblems with inter-factionaldeal making, where a small groupof factional leaders decide whichgrouping within the Party willstand candidates in each seat,effectively ignoring rank and filemembers and local and electoralconsiderations.

The issue of preselectionrevolves around two keydichotomies: local versus centralinfluence; and high profile versuslocally connected candidates.The preselection process mustprovide a framework to balancethese considerations. The rulesof the State and Territorybranches differ in relation tolocal and central factors, rangingfrom full rank and filepreselection (New South Walesand the Australian CapitalTerritory branches), to mixedmodels incorporating input fromcentral electoral colleges andlocal branch members.

The Committee notes thediffering situations and traditionsof the State branches and is ofthe view that it is up to each

State branch to determine itspreselection system. No systemhas done appreciably better orworse than others in this task. Onthis analysis, it would be difficultto argue for the adoption of oneprocess over another. In the endthese matters, like many others inthe affairs of the Party, are onlylikely to be satisfactorily resolvedby the responsible exercise ofinfluence by those involved atthe State level. Consequently, itis not the intention of thisReview to recommend anychanges to the existing ratios oflocal versus central input in thevarious State branches. However,there are other significantopportunities for reform whichrelate to the type of candidateswe preselect and how we ensuretheir optimal performance.

The next consideration is thepreselection of high profile or‘star’ candidates as opposed tothose with a record of Partyactivism, local stranding andcommunity connections. Somesubmissions argued for scope forthe identification andrecruitment of high profilecandidates by the leader and theNational Executive, while otherssuggested only local candidateswith community and Partyhistories should be put up for

Getting the Best Candidates

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preselection. This question is noteasily resolved, though aneffective balance can be struckbetween the two extremes. This would involve clearerguidelines for desirablepreselection candidates,including consideration of localinvolvement and potentialsuccess, and the use of candidateforums and the circulation ofCVs prior to ballots.

The parliamentary Leader andthe National Campaign Directorshould be consulted prior to thepreselection process. Combinedwith other measures such asperformance reviews for MPs andconsideration of the lifeexperiences of preselectioncandidates (see below), reform ofthe preselection system wouldencourage the selection ofrepresentative, talentedparliamentary candidates.

Another concern relates to theperception that our candidatesare being turned out by apolitical factory. Mediacommentary and some of oursubmissions point to apredominance of young politicalstaffers among the ranks ofcandidates from all sides ofpolitics. This phenomenon isoverstated, with many of ourSenators and MPs coming frommore diverse backgrounds than isacknowledged. Nonetheless, theParty needs to present a diversegroup of candidates to theelectorate—a group thatrepresents the broad range ofopinions and experiences in ourParty and in the nation as awhole. This issue requires furtherexamination.

RECOMMENDATION 28State and Territory CampaignDirectors consult the Leader andthe National Campaign Directorbefore the selection ofcandidates in both target andsafe Labor seats to discusspotential quality candidates.This process should begin atleast 18 months prior to the nextelection. It is the responsibilityand obligation of Party officersand other influential figures toexert their influence to ensurequality candidates in all seats.The Party must also activelyidentify and encouragecandidates from a wide range ofoccupations and lifeexperiences.

The Review received highquality submissions from manywomen members and women’sorganisations such as Emily’s Listand the Labor Women’s Network(LWN). We also received a copyof the motions carried at therecent National Labor Women’sConference. We thank all theseorganisations for their efforts andtheir input. We note that womenhave expressed views across thewhole range of our terms ofreference and these views havebeen taken into account withinthose sections.

Affirmative Action has a role inencouraging diversity andparliamentary representationthat reflects the views of allAustralians. It has been eightyears since the 35 percent targetwas set by the 1994 NationalConference. This target wasachieved before the 2001election. Currently, 31 percent ofLabor members in the House of

Representatives are women. This means that to achieve the35 percent target, seven womenmust be selected in the elevenseats needed to win governmentat the next election.

In addition we note that thedeadline set by the 1994Conference has now passed andthe Party will need to considerthe future of Affirmative Actionmeasures.

The 1994 Conference also put in place national rules thatimplemented targets for positionswithin the Party organisation.We heard from many womenthat this measure is just asimportant as the presence of atarget. We agree that women canalso gain influence and valuablepolitical skills through theirparticipation in the Partyorganisation and support thecontinuation of these measuresalong with the mentoring rolenow played by women in theParty. Other changes, such asincreasing rank and fileparticipation in the Party, willalso assist in recruiting morewomen.

Labor women’s forums and other submissions to us havecalled for the target to be liftedto 50 percent, reflecting thenumber of women in theAustralian community. This is an important aspiration. Therewere also strong cases put toincrease the number of womenin the Shadow Cabinet(currently 17 percent). In recognition of the debate carried out during this Review’sconsultation process, the

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Committee feels the progress onthis front should be evaluated. We also note that it was theNational Conference (1994) thatimplemented the 35 percenttarget and believe this is theappropriate body to enact a new rule.

Finally, given its recentsuccessful initiatives and its role as a formal Party forum for women members, the Special National RulesConference may wish to providerule changes to clarify the role of the Labor Women’s Network. We commend the workunderway by the LWN on anational work experienceprogram for women membersand Emily’s List for its mentoringprogram.

The Review notes the success ofthe national Affirmative Actionrule 12(c) in achieving 132Labor women in Australianparliaments, including more than 35 percent at the lastFederal election. We also notethe success of rule 12(a) inincreasing the number of womenin key roles in the Partyorganisation.

We understand that the NationalLabor Women’s Conference, theLabor Women’s Network andEmily’s List are supportive of along-term goal of equalrepresentation in parliament ofmen and women and higherlevels of representation ofwomen in organisational roleswithin the Party.

RECOMMENDATION 29Given the timetable in NationalRule 12 has now passed, a newrule needs to be developed toensure the level of women inparliament and the Partyorganisation increases. Werecommend that a rule bedeveloped for the OctoberSpecial National RulesConference that sets a target ofno less than 35 percent,provides a new deadline and anenforcement mechanism, ifnecessary, by the NationalExecutive. In order to assist thisdebate the National Secretariatshould provide a nationwidesnapshot of Affirmative Actionoutcomes to that Conference.

RECOMMENDATION 30The National Rules be altered torequire State branches toprovide an annual AffirmativeAction report to their Executivesand to the National Executive onthe implementation ofAffirmative Action measures atboth the organisational andparliamentary levels.

In addition to these measures theALP should do more to promoteparticipation in the LaborWomen’s Network as a way ofsupporting Affirmative Actiontargets. Assistance could take theform of a branch-level contact person who would be responsible forlocal development of the LWN. Further, the role of the Networkshould be written clearly into theNational Rules.

RECOMMENDATION 31The Party ask branches tonominate either a women’sofficer or contact person toassist the development ofequitable participation forwomen in the Party. The role ofthe Labor Women’s Networkshould be made clear in theNational Rules.

Senatorial preselections arecurrently carried out by Stateconferences or by smallerelectoral colleges. Manysubmissions suggested thisprocess should be broadened toallow for greater input. We feelthe most appropriate way toprovide this is to linkpreselection for Senators to theintroduction of larger, moreinclusive State Conferences, andto charge these bodies with thetask of selecting Senatecandidates.

Members also expressed the viewthat Senators needed to basethemselves in communitieswhere there was no strong Laborpresence. This can provide animportant electoral andorganisational benefit, and mayassist with the program of ‘dutySenators’ overseeing non-heldseats. The next logical step is toprovide Senators with a set ofguidelines for providing a Laborcampaign presence in the seatswe do not hold.

RECOMMENDATION 32Senators should be elected bylarger, more inclusive StateConferences. The Party should

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encourage more Senators tobase themselves in non-heldseats or regional areas. Further,guidelines for coordinating ‘dutySenator’ campaigns in their dutyelectorates should bedeveloped.

Once candidates have beenselected it is imperative that theyreceive training to give them thebest possible chance of winningtheir seats. The Committeenotes the work that is currentlycarried out by the NationalSecretariat prior to campaignsand stresses that candidatetraining must be made asignificant priority in the lead-upto the next election and beyond.We also recognise the NewSouth Wales Review’s preferencefor a National TrainingCommittee to oversee candidatedevelopment. The New SouthWales Premier, Bob Carr, alsoexpressed this view.

RECOMMENDATION 33The National Secretariat, inconjunction with State andTerritory Secretaries, shouldconduct a pilot National PublicOffice Training Program andreport to the National Executiveby 1 July 2003. The NPOTP

would involve former Laborleaders and ministers and wouldbe responsible for: runningtraining schools for candidates,those who aspire to becandidates, and younger Partymembers; overseeing mentoringprograms; and running skillsworkshops. Better training andprofessional development shouldalso be examined for electedmembers.

Finally, the Party has aresponsibility to ensure that allparliamentary representatives arefulfilling their local andparliamentary duties. Someconcerns have been raised whichsuggest a small proportion of ourMPs, especially those in safeseats, may not be putting in thelevel of effort expected by theelectorate and the Party rankand file. Submissions to theReview have called for termlimits for parliamentaryrepresentatives not reaching thefront bench after a given time,periodic performance reviews,and other mechanisms to ensureaccountability to the preselectorsand, ultimately, the electorsthemselves. While term limitsmight be too rigid a mechanism

to promote best practice, somereview of performance during thepreselection process could beconsidered. In Victoria memberscan petition the AdministrativeCommittee to reopen anuncontested preselection if 20percent of members are unhappywith the outcome.

RECOMMENDATION 34In order to ensure that MPs arefulfilling local responsibilities,consideration be given to:

1. Allowing Party members topetition for the reopening ofa preselection ballot if theseat is uncontested;

2. Introducing a system ofcompulsory candidate forumsduring preselectionprocesses; and

3. Developing a system ofreporting to Federalelectorate bodies theactivities of their Member ofParliament

Taken together, theserecommendations put candidateperformance at the centre ofattempts to regenerate ourparliamentary Party and winback government at the nextopportunity.

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If we are to maximise communityconfidence in the Labor Party, wemust present ourselves as an open,inclusive, community-basedorganisation, and build meaningfulrelationships with localcommunities and interest groups.The Committee envisages fourways this can be achieved.

First, the Party should promoteoutward looking, activist brancheswhich connect with their localcommunities. One excellentexample of this is the participationof some branches in ‘Clean UpAustralia Day’ and other similaractivities. Positive involvement inlocal communities createsimportant foundations for theParty, raising our profile as well asmaking a useful contribution.

RECOMMENDATION 35The Party should encouragebranches to be involved in localcommunity activities, and shouldprovide regular updates andsuggestions of events in whichmembers might participate.Second, ALP branches shouldactively seek out local communityactivists and invite them toaddress and update them on local issues. This wouldbuild relationships with localcommunity leaders and informmembers about local issues.

Third, a process similar toCommunity Cabinets should be instituted at the local level,where Labor parliamentary

representatives meet periodicallywith members of the communityto discuss local issues. We knowmany MPs already engage inextensive community consultationprograms and suggest branchmembers be involved in anexpanded and regular communityconsultation process.

RECOMMENDATION 36Local branches and MPs shouldinstitute, and participate in,regular joint communityconsultation processes in theirelectorates to raise the profile ofthe ALP and provide feedback onpolicy and Party initiatives.

Donations—Supportingand Strengthening PublicDisclosureFinally, we must seek to buildcommunity trust and restore faithin the ALP and the way itselection campaigns are funded.The Party should continue to takethe fight up to the Coalition onthe issue of the disclosure ofpolitical donations. Labor has aproud tradition of driving reformin this area, and must continue toclose the loopholes which discreditpolitics and party activity.

The National Committee ofReview has drawn on therecommendation of the NewSouth Wales Review, reproducedhere: “The perennial problem offundraising and the need to raise

millions of dollars to campaigneffectively should be an issue for allparticipants in the political process.Labor, unlike the Coalition,adheres to the intent and not justthe letter of the law governing the disclosure of donations.

Labor should initiate an opendebate on the implementation of spending caps on politicalcampaigns and full transparency of all political donations.

The Australian ElectoralCommission needs to have itspowers substantially strengthenedto allow it to investigate and audit organisations that aredirecting funds to political parties, but masking the real source of the funds.

Fundraising processes and politicalexpenditure need to be reformed toensure transparency and integrity.”

RECOMMENDATION 37The Federal Parliamentary LaborParty is encouraged to continue its strong support for funding anddisclosure regimes by developing,in conjunction with the Partyorganisation, further proposals for reform. This would include the closing down of third partyfundraising loopholes. TheCommittee recommends StateSecretaries meet with FederalParliamentary Labor Partyrepresentatives to develop areform agenda.

Maintaining CommunityRelationships

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The Party faces challenges frommany quarters as it prepares toregain Government. We mustrestate our values, build soundpolicy, preselect qualitycandidates, provide avenues forrank and file input and optimisethe partnership between Laborand the union movement.

The Australian Labor Party musttake the opportunity presentedby the Review process to reformitself. We belong to the mostenduring political Party in thenation’s history. This resilienceis based, in part, on the passion,ability and loyalty of ourmembership, and our capacityfor reform. It is these traits thatwe now call upon to muster thecourage and the conviction torenew ourselves from within.

The National Committee of Review strongly believes therecommendations contained inthis Report will contribute to amore dynamic, modern andrelevant Labor Party. We havebeen encouraged and inspired bythe contribution of the Party’srank and file to the Reviewprocess. What is needed now isthe political will to implementthese reforms. The task is urgentand must be quickly resolved.The Special National RulesConference announced bySimon Crean will be the vehiclefor this resolution.

RECOMMENDATION 38Recommendations contained inthis Report requiring changes tothe National Rules should be putto the Special National RulesConference announced by SimonCrean on July 16 2002.

The Australian Labor Party hasa long and proud history ofreform in Government. Thepillars of Australia’s egalitariansociety were put in place byreforming Labor Governments,maintained and built upon byLabor successors. We havereformed Australia for the better.We must now have the courageto reform ourselves so that whenwe next face the electorate, wedo so as a reinvigorated force.We cannot shirk our task ofmodernising Labor. We must notlet the Party or the nation down.

Conclusion

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Summary of Recommendations

A Modern Role ForMembersRECOMMENDATION 1We recommend that the SpecialNational Conference adopt thefollowing principles for thestructure of the NationalConference, that:

1. The size of the NationalConference be significantlyincreased;

2. The increased participationof rank and file members beencouraged through thedirect election of acomponent of the NationalConference;

3. The number of delegatesrepresenting unions at theNational Conference shall beconsistent with the equalpartnership reflected in thisReport and in the result shallbe consistent with changes tothe ratio of delegates that wehave recommended for StateConferences;

4. Federal Members ofParliament, their staff, andpaid Party officials shall not beeligible for election to theConference in the direct rankand file component of theConference. Federal Membersshall be entitled to attend theNational Conference with theright to move and speak to arelevant motion;

5. In addition, the FederalLeader and Deputy Leader inboth of the Federal Houses ofParliament and each of theState and Territory Leadersshall be delegates to theNational Conference.

This expanded NationalConference would also beenhanced by enlarged StateConferences with greater rankand file involvement. Werecommend States implementthis principle.

RECOMMENDATION 2Policy branches be instituted ona trial basis and be linked to anexpanded and improved systemof Policy Committees.

RECOMMENDATION 3State branches should developdifferent forms of branchorganisation such as occupation,workplace and employmentrelated branches. Attendance-based preselection votingrequirements would not accruethrough attendance at thesebranches.

RECOMMENDATION 4In metropolitan areas thenumber of branches beconsolidated to provide forlarger meetings and betterbranch organisation.

RECOMMENDATION 5Online branches should beestablished to provide broaderand more modern avenues forrank and file participation.

RECOMMENDATION 6State branch rules should beamended to allow for andencourage the establishment ofofficial ALP branches onuniversity and TAFE campuses.

RECOMMENDATION 7Every State and TerritoryAdministrative Committee or Executive should consider co-opting a non-voting member ormembers of Young Labor.

RECOMMENDATION 8The Party should encourage the formation of supporters clubs and explore the possibility of the creation of an associateclass of membership as a way of broadening involvement inthe Party.

RECOMMENDATION 9That after two years’membership all members beeligible to vote in a preselection for a Federalcandidate subject to attendancerequirements in their State. We also encourage Statebranches to relax the attendancerequirements for eligibility.

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RECOMMENDATION 10To ensure the integrity ofpreselection ballots, no membershall receive a vote in anypreselection unless that member is correctly enrolledwith the Australian ElectoralCommission to vote in a Federalelection. The member’s addressfor the purposes of preselectionshall be their enrolled address.

RECOMMENDATION 11In order to further strengthenefforts to control branch stackingthe following measures beadopted:

■ The practice of ‘bulk renewals’(where members are reneweden masse by another person)not be permitted under therules;

■ A standard renewal form bedeveloped which requires anindividual’s signatureauthorising renewal, andcontaining a declaration frommembers who seek theconcessional rate;

■ A number of members canpetition a State Executive orAdministrative Committee toinvestigate stacking in a Federal seat;

■ The National Executiveshould continue to take anactive role in monitoringbranch stacking and otherforms of membershipmanipulation; and

■ Consideration be given tostrengthening State rules thatlimit the number of peoplewho can join a local branch atany one time.

State branches should be askedto implement these measuresand report back to the NationalExecutive by 1 July 2003.

RECOMMENDATION 12Party members are encouragedto be members of a union or toemploy union labour. Rulesrelating to members who areemployers should be framed tocomply with the law.

RECOMMENDATION 13That a National AppealsTribunal be established to ensurethe Party provides proper appealmechanisms for its members. In developing such a body thefollowing requirements must be satisfied:

1. That members of theTribunal are not involved inthe day to day affairs of theParty, are not appointed tothe body to representfactional interests and areheld in high regard by Partymembers;

2. That the body has anadvisory role, with finaldecisions to be made by theNational Executive;

3. That all avenues of appealhave been exhausted at theState level;

4. That guidelines for the scopeof appeals and the grantingof leave to hear appeals bedeveloped;

5. That processes for appellantsensure procedural fairnessand the efficient running ofthe Tribunal; and

6. That approaches taken bythe Tribunal are consistentwith legal definitions ofnatural justice andprocedural fairness.

Members of the Tribunal shallbe appointed by a two-thirdsmajority of the NationalExecutive.

An Enduring Partnership: Labor and the UnionMovementRECOMMENDATION 14The Australian Labor AdvisoryCouncil (ALAC) be revitalised as the key consultative mechanism in the open andconstructive relationship neededbetween the union movement and the Party. Issues such as theadequate resourcing of regularmeetings need to be addressed toguarantee the potency of such abody. ALAC should meet at leasttwice a year, and its role writteninto the National Rules. ALACshould also be informed of, andparticipate in, the activities of thenew National Policy Committee.

RECOMMENDATION 15State and Territory Labor advisory councils should also beestablished where they currentlydo not exist.

RECOMMENDATION 16Labor MPs be required to establish dialogue with local union activists in their electorates, including frequentmeetings with those unionactivists who work in their area.Senators should be required toattend at least one such forum a year.

RECOMMENDATION 17That, in order to reflect the equalpartnership between the Partyorganisation and the unionmovement, a national standard of 50 percent be applied to union delegates represented atState Conferences.

RECOMMENDATION 18Union delegations to StateConferences should only comprise members of thatparticular union.

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RECOMMENDATION 19Union affiliation to the Partyshould be determined by a‘snapshot’ audit of members atperiodic intervals, in line withthe Queensland Branchaffiliation regime that wasdeveloped by the NationalExecutive earlier this year. Thismodel would reflect the methodadopted by the AustralianElectoral Commission whendetermining union membership.

RECOMMENDATION 20To further encourage unionmembers to join, the Partyshould implement significantdiscounts for affiliated unionmembers. Consideration shouldalso be given to an even lower‘first year members fee’ forunionists.

RECOMMENDATION 21We recommend the Federal ALPconsult regularly withrepresentatives of the large andsmall business sectors, socialwelfare, and community groups.

Restating andImplementing OurValuesRECOMMENDATION 22The Party should develop astatement that conveys modernLabor’s objectives and aspirationsin a form that can be conciselyand clearly communicated to ourmembers and the Australiancommunity. This would becomplemented by a better policydevelopment process and anenlarged, more democraticNational Conference.

RECOMMENDATION 23That one permanent NationalPolicy Committee be establishedto oversee the coordination of

Platform development in thelead up to the NationalConference. This Committeeshall replace the existing systemof non-permanent NationalPolicy Committees. This newbody shall:

■ Be responsible for conducting‘rolling reviews’ of the ALPPlatform with the purpose ofpreparing a draft Platform forthe National Conference;

■ Include Party members withconsiderable experience inpolicy development;

■ Work closely with theconvenors of the State PolicyCommittees;

■ In conjunction with StatePolicy Committees, conductregular forums in which rankand file participation isencouraged;

■ Review and consider allmotions passed by State PolicyCommittees;

■ Be resourced by the NationalSecretariat;

■ Consist of a Chair, DeputyChair and seven othermembers appointed by theNational Executive;

■ Have the power to co-optnon-voting members to theCommittee with particularexpertise when examiningspecific policy areas; and

■ Play an active role in policydebates and forums at anexpanded NationalConference.

RECOMMENDATION 24All Party members should beeligible to attend State PolicyCommittee meetings tocontribute specialised knowledgeand expertise on Federal policyissues. Final decisions on policy

documents should continue to betaken by elected Committeemembers. Committees should,where feasible, conduct forumsand consultations in provincialcentres.

RECOMMENDATION 25Branch correspondence toparliamentary representativesand State branches should beresponded to promptly so thatbranch members know theircontribution has beenconsidered.

RECOMMENDATION 26Motions passed by Party unitsshould be circulated to therelevant Shadow Ministers andState and National PolicyCommittees for considerationand response.

RECOMMENDATION 27The Chifley Research Centreshould continue to be developedas an active and dynamic bodywhich commissions andundertakes policy research anddevelopment in conjunctionwith Shadow Ministers, policyexperts and progressive thinktanks from around the world.Chifley should also coordinate itsactivities with other think tanks.This could begin with an annualforum of progressive researchcentres.

Getting the BestCandidatesRECOMMENDATION 28State and Territory CampaignDirectors consult the Leader andthe National Campaign Directorbefore the selection ofcandidates in both target andsafe Labor seats to discusspotential quality candidates.This process should begin at

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least 18 months prior to thenext election. It is theresponsibility and obligation ofParty officers and otherinfluential figures to exert theirinfluence to ensure qualitycandidates in all seats. The Partymust also actively identify andencourage candidates from awide range of occupations andlife experiences.

RECOMMENDATION 29Given the timetable in NationalRule 12 has now passed, a newrule needs to be developed toensure the level of women inparliament and the Partyorganisation increases. Werecommend that a rule bedeveloped for the OctoberSpecial National RulesConference that sets a target ofno less than 35 percent, providesa new deadline and anenforcement mechanism, ifnecessary, by the NationalExecutive. In order to assist thisdebate the National Secretariatshould provide a nationwidesnapshot of Affirmative Actionoutcomes to that Conference.

RECOMMENDATION 30The National Rules be altered torequire State branches to providean annual Affirmative Actionreport to their Executives and tothe National Executive on theimplementation of AffirmativeAction measures at both theorganisational and parliamentarylevels.

RECOMMENDATION 31The Party ask branches tonominate either a women’sofficer or contact person to assistthe development of equitableparticipation for women in the

Party. The role of the LaborWomen’s Network should bemade clear in the NationalRules.

RECOMMENDATION 32Senators should be elected bylarger, more inclusive StateConferences. The Party shouldencourage more Senators to basethemselves in non-held seats orregional areas. Further,guidelines for coordinating ‘dutySenator’ campaigns in their dutyelectorates should be developed.

RECOMMENDATION 33The National Secretariat, inconjunction with State andTerritory Secretaries, shouldconduct a pilot National PublicOffice Training Program andreport to the National Executiveby 1 July 2003. The NPOTPwould involve former Laborleaders and ministers and wouldbe responsible for: runningtraining schools for candidates,those who aspire to becandidates, and younger Partymembers; overseeing mentoringprograms; and running skillsworkshops. Better training andprofessional development shouldalso be examined for electedmembers.

RECOMMENDATION 34In order to ensure that MPs arefulfilling local responsibilities,consideration be given to:

1. Allowing Party members topetition for the reopening ofa preselection ballot if theseat is uncontested;

2. Introducing a system ofcompulsory candidate forumsduring preselection processes;and

3. Developing a system ofreporting to Federalelectorate bodies theactivities of their Member ofParliament

Maintaining CommunityRelationshipsRECOMMENDATION 35The Party should encouragebranches to be involved in localcommunity activities, and shouldprovide regular updates andsuggestions of events in whichmembers might participate.

RECOMMENDATION 36Local branches and MPs shouldinstitute, and participate in,regular joint communityconsultation processes in theirelectorates to raise the profile ofthe ALP and provide feedbackon policy and Party initiatives.

RECOMMENDATION 37The Federal Parliamentary LaborParty is encouraged to continueits strong support for funding anddisclosure regimes by developing,in conjunction with the Partyorganisation, further proposalsfor reform. This would includethe closing down of third partyfundraising loopholes. TheCommittee recommends StateSecretaries meet with FederalParliamentary Labor Partyrepresentatives to develop areform agenda.

ConclusionRECOMMENDATION 38Recommendations contained inthis Report requiring changes tothe National Rules should beput to the Special NationalRules Conference announced bySimon Crean on July 16 2002.