Policy-Discussion

[Ian G <iang AT cacert.org>]

On 25/03/2016 08:01 am, Marcus Mängel, Secretary wrote:

Dear policy group,

The current Board of CAcert Inc. got aware of the need to line up our current DRP to the needs of the Regulation and Arbitration Act 2010 of NSW[1].

As others have mentioned, it's not clear that changes are needed.  See section 25 as quoted in other post says we do not need to change DRP, we only need to have a DRP.   Done deal - for 5 years now.

Also, I don't understand what the changes are.  You've said you want UNCITRAL.  But which clauses, which changes?  What's wrong with DRP that doesn't match UNCITRAL?  My quick reading didn't identify anything that was outrageously bad.

With motion m20160311.1[2] Board asks the policy group for the needed changes.

Once working on these changes to the DRP please consider the recent changes of the act this year[3].

Thank you for that.  It's off-topic for policy group, but please note Section 25 has changed to read:

25 Provisions of model constitution apply if adopted or if matter not addressed

Is that clear enough?  Does that clearly enough establish that the model constitution is to apply if we haven't adopted our own constitution?  Do we need to go back to the OFT and ask for clearer language on whether we are required to adopt the model constitution?

Are we all in agreement that the model constitution is not adopted and not needed to be adopted?

You might want to put your attention to the latest "Associations Incorporation Act 2009 - Statutory Review"[4] too.

Err, no thanks, this is policy group.  That's really a document for the committee to pay attention to and perhaps bring to the attention of the Association.  Well, ok, here's a snippet:

Governance Survey in 2013
The legislation intends that associations be largely autonomous with minimal
involvement by the regulator.
The Act makes an association’s constitution the centrepiece for governance. Each
association must adopt a constitution, which then confers rights and obligations on all
members of the association. A dispute resolution procedure is required to be included
in every association’s constitution. If a dispute arises, parties should attempt to resolve
the matter directly, in accordance with this procedure.
...
When an association incorporates, it may adopt the model constitution as its constitution or it may customise its constitution (section 25(2)).

With apologies, that is my bolding.

Please think about the following topics:
    How can the DRP meet the criteria of UNCITRAL?

Please provide a reference to this "criteria" ?  Or, do you mean UNCITRAL *is* the criteria, and we must meet it?  We've no consensus on that as yet.

    How to install an arbitrator?
    How to choose an arbitrator for a dispute case?
    How to remove/dismiss an arbitrator from a dispute case?
    How to remove/dismiss an arbitrator from the pool of arbitrators?

We now have precedent for most of these issues.  I concur with others that we probably just need to write them down in a policy.

    Who is the legal body who is responsible for the DRP and the CA?

Why does a legal body need to be responsible for DRP?

What does "responsible" mean here?  Are you talking about the responsibilities laid out in all the policies already?  They are as described in the policies.  Policy group is responsible under PoP for all policies.

Or, is this just another handwavy argument that "someone must be responsible" or else...  Or that the responsible party can order changes?

    Are the resulting changes auditable?

It would be great to see some results until the end of June 2016.

By the end of June 2016?  So, the board has ordered this change on policy group, as per the documentation:

We should order the policy group to work out a first draft of a new DRP to match the law. [1]

So, question for the board:  or what?  What happens if people don't follow your orders?



iang

[1] https://wiki.cacert.org/Brain/CAcertInc/Committee/proposal/DRP_Request_For_Change
[2] https://community.cacert.org/board/motions.php?motion=m20160311.1
[3] http://www.austlii.edu.au/au/legis/nsw/consol_act/aiaa2016463/sch1.html
[4] http://www.parliament.nsw.gov.au/prod/la/latabdoc.nsf/0/2363f9197977f8bdca257f0000028d2f/$FILE/Associations%20Statutory%20Review.PDF