[Linux-aus] Constitutional background and towards a reformed constitution for Linux Australia

[Simon Lees]

On 1/4/23 13:36, Matthew Lye via linux-aus wrote:
> I've been following this conversation and agree with Marcus's comments 
> with one slight deviation regarding this point:
> 
>     > It would be reasonably simple to address this should that section be removed by adding a line saying that the committee may approve use of the data for sending other material relating to the association if it is deemed reasonable. (Not in those exact words but that idea worded in a way that ties in with the rest of the constitution).
> 
> 
>     While I don’t think you envisage it being abused, it must never be
>     up to be leadership to approve or deny the ability of its members to
>     discuss things. Especially as it can be used to limit discussion of
>     issues with the leadership or the organisation’s direction.
> 
> 
> Would it not be fair to consider the ability for the members to 
> communicate within the membership group met by providing the mailing 
> list? Asking for additional details for the purposes of contacting 
> members seems redundant and highly prone to abuse.

Legally there maybe issues with the fact that presumably not all members 
are on this list or have been asked to join this list when they became 
members. I am not a lawyer and am additionally not familiar with the NSW 
set up but in some jurisdictions an association being able to provide a 
full list of members and there contact details to relevant government 
departments should they ask (sometimes they like to check its not a sham 
organisation). But maintaining a list of information in case its 
requested by a regulatory body is different from maintaining a list and 
allowing all members to have access.

As such Likely we would need a lawyer with relevant experience before 
going down this path. In South Australia I know updated constitutions 
need to be resubmitted and can be rejected in certain cases well atleast 
could be 10 years back.

Cheers

Simon