[Linux-aus] Access to membership list?

Patrick Elliott-Brennan mail at elliott-brennan.id.au
Mon Dec 17 23:21:37 EST 2012

> On 17/12/2012, at 7:33 PM, Patrick Elliott-Brennan <
mail at elliott-brennan.id.au> wrote:
>> Having dealt with these issues professionally at a State level, I would
suggest a professional opinion be sought at a Commonwealth level before any
information is given out.

On Dec 17, 2012 10:57 PM, "James Polley" <jamezpolley at gmail.com> wrote:

James wrote:

>> Nothing in LA's constitution is relevant if it contravenes or
contradicts current legislation.
> LA's constitution requires us to fulfil Chris' request within 5 days;
unless Chris withdraws it, that doesn't give us much time to get an opinion.

Hi James,

I really doesn't matter what the constitution says on that point. If there
is uncertainty about a matter in relation to existing legislation, any
complaints agency would support the responsible body in making efforts to
ensure they met the requirements of the law - which takes primacy.

The person who has made the application would need to make a complaint of
some form and LA would then respond by saying that there was uncertainty as
to what was required under the law and so advice was being sought.

This isn't a new situation or uncommon really.

When working in complaints for the State government we would delay
information being provided where there was a dispute or concern over what
the legislation required. I've done the same in the Children's Court. A
colleague and good friend once refused to release information to a local
court magistrate (she had it with her). She was on the stand giving
evidence when it was demanded there and then. She said she didn't believe
the magistrate had the authority.  She was threatened with a few things but
in the end the magistrate agreed that the case would be put on hold until a
determination was made. She was right. Even if she was wrong, nothing would
have happened. She was ensuring the right thing was done.

Best intentions will be seen as just that: attempting to ensure the right
thing is done. There is no evidence of malice in this.


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