[Linux-aus] [Announce] Should Linux Australia change its name to Open Source Australia?

[James Polley]

On Fri, Dec 22, 2017 at 4:20 AM, Bret Busby via linux-aus <
linux-aus at lists.linux.org.au> wrote:

> On Tue, 19 Dec 2017, Linux Australia President wrote:
>
> Date: Tue, 19 Dec 2017 16:58:05
>> From: Linux Australia President <president at linux.org.au>
>> To: linux-aus at lists.linux.org.au, announce at lists.linux.org.au,
>>     council at linux.org.au, media at linux.org.au
>> Subject: [Announce] Should Linux Australia change its name to Open Source
>>     Australia?
>>
>>
>> Hi everyone,
>>
>> Linux Australia is an incorporated association, registered in the state
>> of NSW, and has been in operation since around 2001. Initially convened
>> as a vehicle to operate linux.conf.au, the organisation's remit,
>> activities and scope have broadened significantly over the last decade
>> and a half.
>>
>> We think it's time to change the name of the organisation to
>> better reflect our widened mission, values, activities, partnerships and
>> influence.
>>
>> But wait, hasn't this been tried before?
>>
>> Yes. In 2012/2013, the Linux Australia Council, led then by John
>> Ferlito, attempted a name change. Consensus could not be reached on a
>> name to change *to*, and so Linux Australia remained Linux Australia.
>>
>> This time, we're learning from the outcome of that process, and would
>> like to present to you a decision:
>>
>> Should Linux Australia change its name to Open Source Australia (Yes/No)
>>
>> Other aspects of the organisation - constitution, makeup and so on, are
>> not proposed to be changed.
>>
>> We're communicating this now to provide the community with time to
>> discuss this proposed change before the AGM, where the resolution will
>> be tabled in the AGM agenda. The result of the vote will be tabled
>> at the AGM. That is, if the majority vote 'No', we won't change the
>> name. If the majority vote 'Yes', we will.
>>
>> If you are a member of Linux Australia, you will be able to vote on this
>> resolution at:
>>
>> https://www.linux.org.au/membership/index.php?page=view-election&id=25
>>
>> Voting will open 25th December 2017, the same time voting opens for
>> Council Elections, and will close on 21 January, the same time voting
>> closes for Council Elections.
>>
>> Let the discussion begin.
>>
>> Kind regards,
>>
>> Kathy
>>
>> --
>> Kathy Reid
>> President
>> Linux Australia
>>
>>
> Won't the constitution be required to be changed, to implement the name
> change, if the name change is approved?
>
> Thence, if I am correct in that belief, would it not be more appropriate,
> and, more efficient, to put a motion to change the constititution, insomuch
> as changing the organisation name within the constitution?
>
> As Linux Australia is a NSW incorporated organisation, NSW laws are
> applicable, and, I know not of NSW laws, so I do not know whether the
> constitution would be needed to be amended, to implement such a name
> change, if the name change would be approved, but, if the constitution
> would need to be amended, to implement such a name change, it seems to me,
> to be more appropriate, to go directly to a motion to be put, to amend the
> constitution, insofar as (only) changing the name of the organisation,
> especially, with the AGM coming, so as to avoid the need for a Special
> General Meeting, to amend the constitution to change the organisation name.
>
> I am not saying whether the name should be changed, just suggesting
> procedural efficiency (if what I am suggesting, is applicable).
>

Yes, changing the name of the association does require a special resolution
to be passed before the association’s name can be changed (NSW Associations
Incorporation Act 2009, Division 10, section 10, para 2)

My memory is that last time we looked at doing this, the plan was to
register a new trading name rather than changing the association’s name,
which wouldn’t need a constitutional change.

I assume that that’s the plan this time around as well.


> --
> Bret Busby
> Armadale
> West Australia
> ..............
>
> "So once you do know what the question actually is,
>  you'll know what the answer means."
> - Deep Thought,
>   Chapter 28 of Book 1 of
>   "The Hitchhiker's Guide to the Galaxy:
>   A Trilogy In Four Parts",
>   written by Douglas Adams,
>   published by Pan Books, 1992
> ....................................................
>
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