[Linux-aus] How the council breached their constitution - members register request section 7

[Dustyn Blackmore]

Good Morning Marcus, and Linux Australia
	I trust this email finds you all safe and well.

	I would like to thank Marcus for this engagement. I genuinely believe it has identified gaps in the constitution, and or in significant interpretation of it. I would also like to take a moment to remind all interested parties / stakeholders to remain calm, patient, and in this case; on topic.

	Marcus has;
		made an official request, with supporting references to the constitution, and
		has had such request remain unfulfilled without sufficient (for Marcus) justification or amendment to the same referenced constitution.

	Whilst we may have personal/professional opinions of how this should be handled; the constitution that was agreed to is generally quite clear. Having said this, I would like to thank Linux Australia for their handling, and thank Marcus, again, for his patience yet persistence on the matter.

	@Marcus Herstik: 	where your request aligns with the following items
		(6) A member must not use information about a person obtained from the register to contact or send material to the person, other than for:
 			 (a) the purposes of sending the person a newsletter, a notice in respect of a meeting or other event relating to the association or other material relating to the association, or
			 (b) any other purpose necessary to comply with a requirement of the Act or the Regulation.

		Would you be comfortable if your requirement for this information was fulfilled via another means, such as a newsletter, notice, poll, etc.

 	@Linux Australia: 	It is abundantly clear that the constitution needs some attention. Where there is an appetite for this activity; I would like to help/support.
		https://linux.org.au/about-us/constitution/, and
		https://github.com/linuxaustralia/constitution_and_policies/blob/master/constitution.txt

	@Linux Australia:	I strongly recommend all recipients review their settings facilitated by statement;
		(5) If a member requests that any information contained on the register about the member (other than the member’s name) not be available for inspection, that information must not be made available for inspection.	

		The can be completed, post login;
			Members Area, then
			Update My Profile.


-----Original Message-----
From: linux-aus <linux-aus-bounces at lists.linux.org.au> On Behalf Of Marcus Herstik via linux-aus
Sent: Monday, 19 December 2022 3:47 AM
To: Linux Australia <linux-aus at lists.linux.org.au>
Subject: [Linux-aus] How the council breached their constitution - members register request section 7

I believe our council has breached their duties in upholding our  association’s constitution. 

Some time ago I asked the committee for some details from the members register, being name and contact details. 

This was asked for under section 7, subsection 4 which states “A member of the association may obtain a copy of ANY part of the register…” (emphasis mine). 

However, as they did not like this request they sent out a message stating I have requested this and advising you all that you can make your details private. 

I did not receive contact details of anyone.

While they have stated that it would breach privacy I must state that all members have agreed to the constitution as part of membership and this request is specifically provided for in the constitution. See section 7. 

A member of the association has a right to request these details and the council can not refuse. 

Instead, in determining that they can override the constitution at their whim, they have breached our association’s constitution  and their responsibility to uphold it and do the will of the members. 

If they want it changed then it must be put to a vote. 

As such I am advising you, the members of the association, that the constitution has been breached and I will be seeking a resolution to this with the council, under section 10(1). 

Regards,
Marcus Herstik

M: 0405-569-466
A: P.O. Box 2443, Burleigh Waters, QLD, 4220 _______________________________________________
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