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

[Les Kitchen]

On Mon, Dec 19, 2022, at 08:52, Mark Foster via linux-aus wrote:
...
> - The Constitution is published at https://linux.org.au/about-us/constitution/
...
> To implement section (5) all you need to do is login to the
> membership portal, update your details and select the tickbox
> "Supress details for membership information requests"

Thanks for that practical information.  And thanks to everyone
else who has made contributions to this topic.

If I might add my input to this discussion:

1. As far as I know, this is a situation that hasn't arisen
   before, so it's not surprising that members and the council
   are somewhat caught off-guard by this unexpected request.

2. I'm mostly familiar with incorporated associations in
   Victoria, but I think the provisions are similar to those in
   NSW.

   Most associations adopt the Model Rules of that state.
   Whether Linux Australia adopted such Model Rules as its
   constitution verbatim, or made some minor changes, that I'll
   have to leave to people who know the historical origins of
   LA.  However, it's pretty clear that the current LA
   constitution was conceived in a less electronic age, when if a
   member needed to contact other members for legitimate
   purposes, then the only practical way would've been by post
   or telephone.

   It's equally clear that the balance of concerns is very
   different in the current age of data breaches and
   surveillance capitalism.  And in practical terms, we do have
   a mailing list, by which any member can contact other
   members.  It is true, though, that not all members are on
   this list, so there might need to be some over-ride provision
   by which a member in extreme circumstances could send a
   message to all members.

3. Yes, it is possible to change the constitution.  But it's not
   as simple as you might think.  I'll leave it to those more
   familiar with the particulars of NSW law, but any change to
   the constitution must be consistent with the relevant
   legislation, and that probably requires getting legal advice.
   It'll probably also need a super-majority in a special
   resolution put to a general meeting of members.  In Victoria,
   it's 75%, and I expect it'd be similar in NSW.

4. In the immediate situation, making members much more aware of
   the privacy implications of the current constitution is the
   best we can do, and encourage those with concerns (which I
   imagine would be most) to select the "suppress details"
   option in their membership profile (as I've just done).

   As mentioned, many members would be unaware of these
   provisions of the constitution about requests for membership
   records.

I hope this helps.


— Smiles, Les.


P.S. I note with amusement and gratitude that the council (as
permitted) has decided to vary to zero the $1 joining fee and
the $2 annual membership fee set out in the constitution.