auDA Code of Conduct

[Lemon]

Auda recently replied to the members request for a general meeting under section 249D of the Corporations Act.
https://www.auda.org.au/assets/pdf/SGM/Letter-to-Ned-OMeara-7July2017.pdf

In response to resolution 2 they stated that:

The Members' Code of Conduct does not change the basis on which a member can be expelled under clause 13.3 of the auDA Constitution and accordingly, auDA does not believe this code of conduct constitutes a by-law requiring ratification by members under clause 29 of the constitution

Lets look at the definition of By-Law

A rule made by a company or society to control the actions of its members.

https://en.oxforddictionaries.com/definition/by-law

The new Code of Conduct is now a requirement by auDA for new and existing members to agree with to become a member of auDA.
In my opinion this changes the basis on which a individual or organisation can become a member of auDA which is in effect a By-Law which under clause 29 of the constitution needs to be ratified by a special resolution of members.

29 BY-LAWS
The Board has the power to make, vary and repeal by-laws from time to time for the proper conduct and management of auDA and such by-laws are binding on all Members. A resolution of the Board to make, vary or repeal by-laws must subsequently be ratified by a special resolution of Members.

Of course this is my opinion and I have no legal training or the funds to put it to the test.

 

[DomainNames]

Auda recently replied to the members request for a general meeting under section 249D of the Corporations Act.
https://www.auda.org.au/assets/pdf/SGM/Letter-to-Ned-OMeara-7July2017.pdf

In response to resolution 2 they stated that:
Lets look at the definition of By-Law
https://en.oxforddictionaries.com/definition/by-law

The new Code of Conduct is now a requirement by auDA for new and existing members to agree with to become a member of auDA.
In my opinion this changes the basis on which a individual or organisation can become a member of auDA which is in effect a By-Law which under clause 29 of the constitution needs to be ratified by a special resolution of members.

Of course this is my opinion and I have no legal training or the funds to put it to the test.

Don't worry I am sure some Supply and Demand lawyers are looking at it who are members

Chances are they either signed this petition or they will be voting at the Special meeting
www.grumpy.com.au and the petition has an enormous amount of support from BOTH Supply and Demand members... There are many more signatories and member votes than what was lodged ready to go...

http://www.domainer.com.au/bring-it-on-auda/

 

[snoopy]

The code clearly conflicts with the constitution.

AUDA is already deleting parts (the suspension clause) and the next step is to scrap the entire thing thing because none of it has any validity.

 

[neddy]

The code clearly conflicts with the constitution.

Exactly Paul. And as @Lemon points out, it is a new by-law. If they want to introduce this, then they need a special resolution of members (Resolution 2 of the S249D Meeting that auDA arbitrarily invalidated).

 

[ttfan]

Don't worry I am sure some Supply and Demand lawyers are looking at it who are members

Chances are they either signed this petition or they will be voting at the Special meeting
www.grumpy.com.au and the petition has an enormous amount of support from BOTH Supply and Demand members... There are many more signatories and member votes than what was lodged ready to go...

http://www.domainer.com.au/bring-it-on-auda/

We could have the support of all the members, but since this issue will not be voted on it's useless.

 

[snoopy]

The actual code we have now has been partly lifted from the Western Bulldogs football club code of conduct. Those copied lines are also the ones that invalidate the whole code because they grant powers that AUDA directors simply do not have.

I think what has happened with all this is that someone has simply been told to draft a "code of conduct" without even looking at the constitution. AUDA is now trying to work backwards deleting bits and trying to find legal arguments to justify what remains of the code.

http://www.westernbulldogs.com.au/club/governance/members-code-of-conduct

6.) Should I breach any of the above conditions of membership, I understand the Club has the right to act in the following ways:
- Provide compulsory education sessions to correct any behaviours that are in conflict of the Code of Conduct
- Temporarily suspend membership until conflicting behaviours are resolved
- Revoke membership rights and privileges permanently should the Club deem the offence necessary of such action"

Versus

https://www.auda.org.au/about-auda/membership/membership-code-of-conduct

Temporarily suspend membership until conflicting behaviours are resolved

OR

Revoke membership rights and privileges

 

[Lemon]

The actual code we have now has been partly lifted from the Western Bulldogs football club code of conduct. Those copied lines are also the ones that invalidate the whole code because they grant powers that AUDA directors simply do not have.

I think what has happened with all this is that someone has simply been told to draft a "code of conduct" without even looking at the constitution. AUDA is now trying to work backwards deleting bits and trying to find legal arguments to justify what remains of the code.



Versus

ROFL
At least the Bulldogs CoCC is legitimate as it is referenced in their constitution. I assume they consider it a By-Law

I think responsibility should fall on the Chair of auDA. If this is an indication of the future of auDA then I would seriously consider who you want guiding the organisation.

 

[snoopy]

ROFL
At least the Bulldogs CoCC is legitimate as it is referenced in their constitution. I assume they consider it a By-Law

Yes, they looked to have made sure it was legally watertight and sought considerable feedback before bringing anything in, in contrast to AUDA.

the code was unanimously accepted by the Club’s Board of Directors following a period of member and fan feedback.
.....
Grant acknowledged the feedback of the Club’s members and fans, citing the overwhelming support for its introduction.

“We are proud that our members have led the way in endorsing the code that sets out how we want to be seen as a Club,” said Grant.

http://www.westernbulldogs.com.au/news/2013-05-31/board-ratifies-member-code

This copying of someone else's code would also explain the strange suspension rule which would apply well to a sports club but has nothing much to do with AUDA, ditto for the "membership rights and privileges", AUDA membership confers rights but I don't think there is any real "privileges" unlike a sport clubs where you could prevent a member from going to games,

 

[Lemon]

Its all just CoC and Bull

 

[Lemon]

Looks like auDA have changed the wording on the CoC.
This does not detract from the fact that it is in effect a By-Law and due process has been ignored by the Chair and auDA
Do not think that this issue will go away.

 

[DomainNames]

Looks like auDA have changed the wording on the CoC.
This does not detract from the fact that it is in effect a By-Law and due process has been ignored by the Chair and auDA
Do not think that this issue will go away.

It appears some people do not get the hint from the majority of industry people yet they need to resign...or they will eventually be pushed.

For the auDA CEO and current auDA Board there is no coming back from the last of auDA 2 years fiasco's. It has turned into is disgrace over the last year as Politicians try to set up their own empire to build their Egos.... and bank balance?

The biggest mistake people have made was sticking their neck out to give votes, support and jobs to the non qualified auDA CEO and non qualified auDA Char both whom appear to have had no real Domain name industry experience in supply or demand at all,

The next auDA CEO and auDA Chair MUST have REAL domain name industry experience or they also will be useless and make even more mistakes.

 

[Scott.L]

It appears some people do not get the hint from the majority of industry people yet they need to resign...or they will eventually be pushed.

For the auDA CEO and current auDA Board there is no coming back from the last of auDA 2 years fiasco's. It has turned into is disgrace over the last year as Politicians try to set up their own empire to build their Egos.... and bank balance?

The biggest mistake people have made was sticking their neck out to give votes, support and jobs to the non qualified auDA CEO and non qualified auDA Char both whom appear to have had no real Domain name industry experience in supply or demand at all,

The next auDA CEO and auDA Chair MUST have REAL domain name industry experience or they also will be useless and make even more mistakes.

Domain experience that translates into effective communication to those invested in this market, not just domainers but registries, ASX investors, website operators, ICT industry partners...etc The .au should look like gold not coal.

 

[snoopy]

The biggest mistake people have made was sticking their neck out to give votes, support and jobs to the non qualified auDA CEO and non qualified auDA Char both whom appear to have had no real Domain name industry experience in supply or demand at all,

That is not entirely true, the CEO previously worked on .melbourne

nuff said.

 

[Lemon]

That is not entirely true, the CEO previously worked on .melbourne
nuff said.

I agree.
My concern is the disrespect of members.

 

[snoopy]

Looks like auDA have changed the wording on the CoC.
This does not detract from the fact that it is in effect a By-Law and due process has been ignored by the Chair and auDA
Do not think that this issue will go away.

Agree, still issues with the content of it also, in particular,

4. In any forum, including in the media, where acting as an auDA member or identifiable as an auDA member, I will conduct myself in a manner that will not bring the organisation, Directors or staff, into disrepute.

With the way this has been implemented, attempting to force it upon members at time of renewal, the obviously invalid status of it, and with no discussion before introducing it, I believe members will pay this code no respect anyway.

AUDA through their own incompetence have squandered the opportunity to bring in a code that would be effective.

 

[Scott7]

ASX investors

 

[DomainNames]

On this forum it makes sense to NOT say you are auDA member with the auDA Member:Yes option
Edit your dntrade profile settings and speak up freely!

"where acting as an auDA member or identifiable as an auDA member"

 

[snoopy]

On this forum it makes sense to NOT say you are auDA member with the auDA Member:Yes option
Edit your dntrade profile settings and speak up freely!

"where acting as an auDA member or identifiable as an auDA member"

I don't think people will even care. AUDA has no ability to enforce the code in my view. They should have come up with something reasonable, sought member feedback on it, and then taken it to a special resolution as a by law. Now they have a code that has zero support, where they plan to enforce it by calling a members meeting moving a special resolution every time they want to use it.

Good luck AUDA, that will be a lot of special resolutions given the level of recent criticism!