23. State Council

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23. State Council

(a) Constitution
- (i) The governing body of the Union shall be the State Council.
- (ii) Subject to any referendum of members, State Council is the supreme decision-making authority of the Union and Policy directives issued by State Council shall be adhered to by all members.
- (iii) State Council shall consist of the President, Senior Vice President, Vice President, Ordinary Executive Members, General Secretary and delegates elected from each District, in accordance with the provisions of this rule and Rule 37- Elections for Office.
- (iv) Each district shall be entitled to not less than four delegates to State Council.
- (v) Where sufficient nominations from women financial members have been received, at least 50% of the delegates from each district to State Council shall be women.
- (vi) Where less than two nominations from each District as delegates to State Council are received from women, any woman who so nominated shall be declared elected, and nominations re-opened for all financial members to fill the vacant position or positions.
- (vii) Subject to (iv) each district shall be entitled to additional delegates to State Council in accordance with the number of financial members in the district, at a date and in a ratio to be determined by Executive from time to time.
- (viii) Any financial member may nominate to be a delegate to State Council representing his/her district, provided that such nomination is proposed and seconded by two financial members who are also members of that district.
- (ix) Should nominations of delegates to State Council exceed the number of delegates to which the district is entitled, the Returning Officer shall conduct a ballot of all financial members in the district to determine district representation.
  
  To attain gender balance in the district representation the Returning Officer shall, at the conclusion of the ballot, declare the highest polling women candidates elected, to the number of women delegates required under sub-rule (a)(v) of the rule. The remaining positions shall then be declared in the order of election.

- (x) In addition to electing district delegates to State Council the members of the district are entitled to elect two alternate delegates. Such alternate delegates in the order in which they were elected, shall represent the district in the absence of one of the delegates subject to notification to the Union Returning Officer.
- (xi) Where sufficient nominations from women financial members have been received, at least one of the alternate delegates shall be a woman. The Returning Officer, at the conclusion of any ballot for alternate delegates to State Council shall declare the highest polling female and male candidates elected. For the purposes of sub-rule (a)(x) of this rule, the first alternate delegate shall be the highest polling candidate of the two elected.
- (xii) Where no nominations are received from women for an alternative delegate position, nominations shall be re-opened for all financial members to fill the designated position.
- (xiii) The election of delegates to State Council shall be held during the first school division term each year, and such delegates shall hold office until their successors are elected during the first school division term of the following year, and shall be eligible for re-election.
- (xiv) State Council shall meet at least twice per year as determined by Executive.
- (xv) In the event of a casual or extraordinary vacancy arising in the office of delegate to State Council, the casual vacancy shall be filled by an election in as far as practicable the same mode as is prescribed by these rules for the election of that State Council delegate and any person so elected shall hold office for the unexpired portion of the term of the State Council delegate he or she is elected to replace.
(b) Powers: State Council shall have power to control and manage the business and affairs of the Union subject always to these Rules and without limiting the generality of this power shall have power to:
- (i) Subject to the requirements of these rules, make, amend or rescind these rules.
- (ii) Determine entrance fees and subscriptions for members and persons eligible to be members of the Union and impose levies on such members.
- (iii) Appoint or remove a qualified auditor, for any purpose for which an audit is required in connection with the accounts of the Union.
- (iv) Dismiss from office any person elected to an office within the Union who has been found guilty in accordance with the Rules of the Union of misappropriation of the funds of the Union, a substantial breach of the Rules of the Union, serious and wilful misconduct or gross neglect of duty in relation to his/her office or who has ceased according to the rules of the Union to be eligible to hold the office.
- (v) Refer any question to a referendum of members of the Union. The decision of a referendum is binding on State Council.
- (vi) Do all things necessary or convenient to the exercise of the foregoing power or any powers conferred by the rules of the Union.
(c) Expenses
- (i) Travelling
  Delegates travelling to State Council from outside the metropolitan area may be reimbursed travelling expenses actually incurred up to a sum equivalent to a first class rail fare or public transport fare whichever is the least. In the case of delegates representing branches north of the 26th parallel, airfares for travel on a normal scheduled air service may be refunded. Where a delegate uses his/her own vehicle, he/she may claim expenses not exceeding the first class rail fare or public transport fare, whichever is the least, or in the case of delegates representing branches north of the 26th parallel, not exceeding airfares, so long as such claim for using the delegate's own vehicle is accompanied by receipts for petrol and oil purchased.
- (ii) Accommodation
  Delegates travelling from outside the Perth metropolitan area to attend State Council may claim accommodation expenses not exceeding public service rates for the number of days each delegate must be present in Perth to attend the State Council. Accommodation claims for hotel/motel accommodation must be accompanied by a receipt.
- (iii) Metropolitan
  Delegates representing branches from within the Perth metropolitan area may claim expenses at a rate to be determined by State Council from time to time.
- (iv) However, expenses as referred to in sub-rules (i), (ii) and (iii) will only be paid pro-rata to the number of sessions attended by the delegate submitting the claim.
(d) Agenda
- (i) The Executive shall prepare for each State Council an agenda which shall be published in the Western Teacher or other publication of the Union not less than 3 weeks prior to State Council.
- (ii) Reports to be presented to State Council shall be issued with the publication containing the agenda.
- (iii) Any matter for inclusion on the agenda for State Council must be received by the close of business on a date to be determined and published by Executive.
- (iv) Items for inclusion on the business paper may be submitted by the Executive, by the District Councils, by the Education Committee or by any branch of the Union unless otherwise provided for in this Constitution.
- (v) No State Council motion shall be edited or amended before inclusion in the State Council Agenda without reference to the branch submitting the motion. Where the branch concerned rejects such amendments the motion shall be placed on the State Council Agenda in unamended form, irrespective of deadlines, provided the motion in its original form was submitted prior to the closing date for State Council motions.
(e) Quorum
The quorum for State Council shall be one-third of the total number of delegates who would have been permitted to attend, had they been elected in accordance with this rule.
(f) Postal Ballot
- (i) Nothing in these rules shall be read so as to prohibit the Executive from arranging for a secret postal ballot of all State Council delegates on any issue of urgency arising between the formal meetings of State Council.
- (ii) Any decision taken by State Council delegates through a secret postal ballot has the same effect and authority as a decision taken at a formal meeting of State Council.