Complaints Guide

In the Victorian Greens, we have thousands of active members and volunteers working together across the state to campaign for change. We want everyone involved to have a positive experience, and we’re committed to fostering a safe and inclusive culture at every level of our organisation and in all our interactions with the broader community. 

To achieve this goal, we invest heavily in creating a welcoming and collaborative environment, and providing members and supporters with appropriate training and guidance. 

However, we recognise that in a big movement like ours, sometimes things can go wrong. 

If you experience conflict or have concerns about another person’s conduct in the Victorian Greens, please read the guide below to find out how you can report what has happened, access support, and initiate an appropriate process in response. 

OVERVIEW

CODE OF CONDUCT

It is a condition of participation in Greens events and activities that all members and volunteers comply with our Volunteer Code of Conduct. Members must also comply with our Member Code of Conduct. 

These codes set out standards of behaviour that we expect of everyone involved, including being considerate, respectful, inclusive, welcoming and collaborative. 

Behaviours like sexual harassment, bullying and vilification have no place in our movement and will not be tollerated. 

INFORMAL ISSUE RESOLUTION

You may attempt to deal with an issue informally yourself, or ask another member or volunteer to assist you to do so. Informal interventions should adopt a confidential, non-confrontational approach with a view to resolving the issue.

When dealing with an issue informally, it is advisable to:

  • keep step-by-step account of the incident, including:
    • the date, time and location of the incident
    • the impact of the incident
    • your preferred resolution (eg. an apology, a clarification of misunderstanding or a commitment to cease or change behaviours)
  • speak or write to the other person about your concerns
  • provide an opportunity for the person to reflect and respond
  • keep a record of the intervention

You are not required to attempt informal issue resolution. And while it can be very helpful in some cases, it should not be seen as an alternative to reporting serious misconduct. 

INCIDENT REPORTING AND CONTACT PERSONS

If you experience or witness an incident that impinges on the safety or wellbeing of yourself or another person, or makes you feel uncomfortable, we encourage you to let us know what has happened, even if you don’t want any action to be taken. 

You can report an incident that occurs at any Victorian Greens meeting, event or activity through our confidential Incident Reporting Form. 

You can also approach a contact person for support, either at the event or afterwards. 

A contact person is a member who you can go to if you experience or witness an incident. They can provide you with support, and can inform you about your options and the complaint resolution processes outlined in this guide. 

Each party body (eg. a branch, committee or working group) will try to ensure that they have contact persons of different genders available. If you’re not sure who the contact persons are, please feel free to ask: you can always approach the person organising an event. 

You can seek help from any contact person in the party, not only a contact person of the party body where the incident took place. The contact persons for State Council (our governing body) are currently:  

CONFLICT WITH ANOTHER MEMBER

If you experience conflict, you may ask us to help arrange mediation. Mediation allows participants to come together to try to resolve personal differences. It is not about investigating who is right and wrong. 

Mediations in the Victorian Greens are facilitated by an independent and qualified mediator, and are free and confidential. They can be conducted online or in person, with participants in the same room or in different rooms. 

To request support arranging a mediation, please contact our Mediation Panel for help by emailing mediation@vic.greens.org.au, and let them know:

  • Your full name, contact details and availability.
  • Who you are having difficulty with
  • What is happening (describe the problem)
  • What outcomes would you like
  • Which branch or campaign or other context you and the other person interact in
  • What positions (if any) you or the other person hold within the Victorian Greens

The terms of reference for the Mediation Panel is set out in our Mediation bylaws.

MISCONDUCT

The Member Code of Conduct sets out the standard of behaviour expected of members, and includes the prohibition of sexual harassment, harassment, bullying and vilification.

If you believe that another member has committed misconduct, you may submit a misconduct allegation to our Misconduct Panel using this form. 

Alternatively, you can email the Misconduct Panel Convenor at misconduct@vic.greens.org.au and tell them:

  • Who you believe has committed misconduct
  • What you believe they did
  • Why it amounts to misconduct

It is important to make an allegation as soon as possible after any misconduct occurs. You should be aware that the Misconduct Panel cannot act on an allegation made more than 180 days after an incident unless it relates to: a pattern of behaviour that has continued within the past 180 days, it relates to matters of a sexual nature, or some exceptional circumstances justify making an exception in this case. 

An allegation is confidential and your identity will only be disclosed to persons outside of the Misconduct Panel where it is absolutely necessary and only if you have given your consent. Breach of this confidentiality is misconduct. 

If misconduct is found to have occurred, the member may be sanctioned and a Notice of Sanction (which sets out the misconduct and the sanction) provided to all members.

The Misconduct Panel’s powers and procedures are set out in our Misconduct bylaws.

ADMINISTRATIVE APPEALS

If you believe that a member or party body has not followed proper process or has acted beyond their authority, you may appeal to the Administrative Review Panel. 

The Administrative Review Panel will consider your appeal and contact other individuals relevant to the decision in order to determine if a breach has occurred. If the Panel makes a finding that a breach occurred and would have altered the outcome of the decision, they may set a decision aside or apply some other remedy. 

To make an appeal, you can use this form. Alternatively, you can email the Administrative Review Panel at adminreview@vic.greens.org.au.

Appeals can only be made on the basis that a decision: 

  • Was so unreasonable that no reasonable decision-maker could have made it; and/or 
  • Did not comply with the relevant By-law or Constitution

There are three types of appeals, depending on the decision that you believe was improperly made. 

Misconduct appeals

An appeal against a decision of the Misconduct Panel or a sanction imposed by State Council: 

  • Can only be made by either the applicant or respondent in the relevant case; and
  • Must be made within 7 days after notice of the opportunity to appeal was given (unless the Administrative Review Panel decides that exceptional circumstances justifies accepting the appeal outside this time frame)

Preselection appeals

An appeal against a preselection decision:

  • Can only be made by a nominee in the preselection, the Convenor of the Victorian Campaigns Committee, or an office bearer of the preselecting body; and
  • Must be made within four days after the declaration of the results of the preselection

General appeals

An appeal in relation to another decision: 

  • Can be made by any member of the Party; and
  • Must be made within 30 days of the decision or failure to make a decision (unless the Administrative Review Panel decides that exceptional circumstances justify accepting the appeal outside this timeframe)

Who can appeal, the types of decisions that can be appealed, and the Administrative Review Panel’s powers and procedures are set out in the Administrative Review Panel Bylaw.

ADDITIONAL OPTIONS TO RAISE COMPLAINTS ABOUT STAFF AND MPs

There are additional options available if your concern relates to the behaviour of a staff member or a member of parliament. 

If your concern is with a staff member, you can contact the State Director at state.director@vic.greens.org.au, or if your concern relates to the State Director you can contact the Party Convenor at convenor@vic.greens.org.au. 

If your concern is with a Member of Parliament, you can contact the Victorian Independent Parliamentary Workplace Standards and Integrity Commission, or the federal Independent Parliamentary Workplace Standards and Commission.  

You can also reach out directly to the relevant Party Room leader. 

UNLAWFUL CONDUCT

You are always free to contact an appropriate external body, including Victoria Police, the Australian Human Rights Commission or the Victorian Equal Opportunity and Human Rights Commission.

If you report the matter to an external body, the party will, so far as is reasonable, cooperate with any investigation.

If we become aware of conduct that falls within mandatory reporting requirements (for example, in relation to child abuse), the party is legally bound to report the matter to an external body and will do so. We may also make a report in other serious circumstances. You will be offered support if this affects you, as appropriate.

The Victorian Greens does not tolerate sexual harassment in any form or under any circumstances and is fully committed to eliminating such behaviours in our party.

HOW LONG WILL IT TAKE? 

The relevant Panel should keep you updated on the progress of your matter, and aim to deal with most matters within 30 days. You should be notified of the Panel’s decision within 24 hours of it being made. 

OUR COMMITMENT

Our party acknowledges the legal, as well as moral, responsibility to take all reasonable steps to ensure a safe, healthy and inclusive environment for our members and volunteers. One important way that we fulfil this responsibility is by ensuring that our complaints system works effectively.

To that end, the Party is current undertaking a review of our dispute resolution processes. Members can make a submission to the review about their experience with, and views on, any of the Party’s misconduct, mediation and dispute resolution processes by sending an email to rules.review@vic.greens.org.au.  

SHARING THIS GUIDE

This guide should be linked in meeting agendas and drawn to the attention of participants at the start of meetings, events and other activities. Links back to this guide should be provided in relevant places online. 

Remember, if you have a concern about behaviour at any Victorian Greens event, activity or online space, you should take appropriate action and may ask a contact person to assist you to do so.