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

Marcus Herstik marcus at herstik.com
Mon Dec 19 03:46:34 AEDT 2022


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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