The Victorian Branch of the ALP is a constituent part of the national body, not a separate entity, and the Branch Rules must be read together with the National Constitution. The National Executive's power under clause 16(f) of the National Constitution to intervene and conduct pre-selections is not subject to Branch Rules procedures. The justiciability exception to Cameron v Hogan based on Electoral Act recognition of political parties is confined to disputes having a direct bearing on the operation of the Electoral Acts; Baldwin v Everingham should not be relied upon as establishing that all internal political party disputes are justiciable. Pre-selection disputes for federal elections will generally be justiciable given their connection to nomination, endorsement and funding provisions of the Commonwealth Electoral Act.
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