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Members Are Grumpy auDA!

auHQ

Entity name: .AU DOMAIN ADMINISTRATION LIMITED
Business name auHQ
Registered 29 Jun 2017
http://abr.business.gov.au/SearchByAbn.aspx?SearchText=38+079+009+340

Domain Name: auhq.com.au
Status: inactive
Registrar Name: auDA

Registrant: .au Domain Administration Ltd
Registrant ID: ACN 079 009 340
Eligibility Type: Non-profit Organisation

Registrant Contact ID: AUDA
Registrant Contact Name: CEO
Registrant Contact Email: Visit whois.ausregistry.com.au for Web based WhoIs
 
Lemon said:
auHQ

Entity name: .AU DOMAIN ADMINISTRATION LIMITED
Business name auHQ
Registered 29 Jun 2017
http://abr.business.gov.au/SearchByAbn.aspx?SearchText=38+079+009+340

Domain Name: auhq.com.au
Status: inactive
Registrar Name: auDA

Registrant: .au Domain Administration Ltd
Registrant ID: ACN 079 009 340
Eligibility Type: Non-profit Organisation

Registrant Contact ID: AUDA
Registrant Contact Name: CEO
Registrant Contact Email: Visit whois.ausregistry.com.au for Web based WhoIs
Click to expand...

I wonder how auDA will incorporate that entity into the constitution without a special resolution.
 
Scott.L said:
I wonder how auDA will incorporate that entity into the constitution without a special resolution.
Click to expand...

What is going on at auDA exactly??

Dear auDA and the auDA Board please consider your members when you propose changes and new entities.
 
Lemon said:
auHQ

Entity name: .AU DOMAIN ADMINISTRATION LIMITED
Business name auHQ
Registered 29 Jun 2017
http://abr.business.gov.au/SearchByAbn.aspx?SearchText=38+079+009+340

Domain Name: auhq.com.au
Status: inactive
Registrar Name: auDA

Registrant: .au Domain Administration Ltd
Registrant ID: ACN 079 009 340
Eligibility Type: Non-profit Organisation

Registrant Contact ID: AUDA
Registrant Contact Name: CEO
Registrant Contact Email: Visit whois.ausregistry.com.au for Web based WhoIs
Click to expand...

  • Someone may lodge an official complaint as it may not meet Domain Name Registrant policy.
  • No active website
  • No monetisation
  • Ineligible
  • etc
  • INVALID registrant
Did the auDA Board sign off on this?
Did paying auDA members sign off on this?
Did the Dept of Communications Sign off?
Why was it registered?

auDA is a NOT FOR PROFIT organisation thus the use of auda.org.au. This new name is a .com.au for "commercial" usage etc. Will auDA now be turned into a "for profit" enterprise? They already have $12 million in profits in the bank.
 
DomainNames said:
Dear auDA and the auDA Board please consider your members when you propose changes and new entities.
Click to expand...
To be fair it is only a trading name. Maybe it will be used for marketing.

It may also be used as their registry brand. I f any of you watched the recent members meetup video (I did but it took 2 sessions) there was a mention by Cameron Boardman on how the UK run the registry as a separate brand but under the same corporate entity.

Let's wait until the next newsletter when they communicate with members.

PS: Is there an emoji for sarcasm???? :confused:
 
Lemon said:
To be fair it is only a trading name. Maybe it will be used for marketing.

It may also be used as their registry brand. I f any of you watched the recent members meetup video (I did but it took 2 sessions) there was a mention by Cameron Boardman on how the UK run the registry as a separate brand but under the same corporate entity.

Let's wait until the next newsletter when they communicate with members.

PS: Is there an emoji for sarcasm???? :confused:
Click to expand...

Cameron Boardman the auDA CEO should be very aware of the failed .uk direct extension. It is the role of the auDA CEO to be informed and NOT make the mistakes others have made.
https://www.dntrade.com.au/threads/...irect-registrations-started.11352/#post-86943

Nominet UK also publishes their Board agenda, Minutes, Resolutions, Board remuneration, tenders, jobs for public view on their website......unlike auDA who still refuse to do it.
 
DomainNames said:
Cameron Boardman the auDA CEO should be very aware of the failed .uk direct extension. It is the role of the auDA CEO to be informed and NOT make the mistakes others have made.
https://www.dntrade.com.au/threads/...irect-registrations-started.11352/#post-86943

Nominet UK also publishes their Board agenda, Minutes, Resolutions, Board remuneration, tenders, jobs for public view on their website......unlike auDA who still refuse to do it.
Click to expand...
I think they are aware.
The question is are they listening?
 
Lemon said:
I think they are aware.
The question is are they listening?
Click to expand...
No use pleading ignorance later when this all goes legal, gets into mainstream media and Government oversight review.

Once 3 million .com.au finds out about auDA's plans, how they have gone about it I would expect the shi$ will hit the fan.

The line up to auDA of major corporates using a .com.au with plenty of lawyers will be long.... and costly for auDA... possibly also some Board Directors..
 
From the Decision.

Looks like auDA's legal advise, auDA and the auDA Boards decisions where wrong?

Freedom of Information Request FOI 28‐1617 – Notice of Access Decision
"63. During consultation, it was submitted that “disclosure of any of the documents as stated in the Schedule, would unreasonably and adversely affect the lawful business” of those consulted. It was further submitted that “As the Department receives unredacted versions of minutes, the publication of these documents would be severely detrimental to the ongoing effectiveness” of those consulted. Further, “there would be many examples of confidential information presented to the board and subsequently noted, which would go against the principles of sound and fair business practice”.

64. It was also submitted that “publication of the board minutes would significantly limit the effectiveness of the board in the future to consider and act it [sic] the best interests of the company and for directors to meet their obligations under the Corporations Act (2001)”.

65. I attach significant weight to the fact that the documents within the scope of your request were lawfully published previously by the originator on a publicly available website maintained by the originator. The documents within the scope of your request are not unredacted versions of minutes received by the Department, and any information presented to the board contained in the documents was published previously by the originator. I have taken into account that the submission indicates the reasons why, after many years, the documents were removed from that website and similar documents are no longer published on that website.

66. Paragraph 6.186 of the FOI Guidelines states that the term ‘could reasonably be expected’ refers to an expectation that is based on reason, and that mere assertion or speculative possibility is not enough.

67. However, little or no evidence was provided to support the assertions in the submission and demonstrate the rational basis on which it is expected that disclosure under the FOI Act would, or could reasonably be expected to, unreasonably adversely affect a person, organisation or undertaking. Given the amount of time that the documents were published previously, there should have been little difficulty in demonstrating a rational basis for any such expectation, and the absence of such evidence weighs strongly against the submission.

68. Therefore, I find that disclosure under the FOI Act of the documents would not, and could not reasonably be expected to, unreasonably adversely affect a person, organisation or undertaking."

Legal Director
Office of the General Counsel
Position Number 112404
Australian Government
Department of Communications and the Arts
​
 
Looks like there is no excuse for auDA to not publish future documents again as they had been published before.

auDA in their submissions against the FOI request claimed to The Government that they auDA needed to remove all the previous documents and also would stop the future ones from being published.... Nice try.... but overruled by the Government's Lawyers

"I have taken into account that the submission indicates the reasons why, after many years, the documents were removed from that website and similar documents are no longer published on that website. ...
Legal Director
Office of the General Counsel
Position Number 112404
Australian Government
Department of Communications and the Arts


​
 
Commonwealth Department staff are also now concerned they will have no easy access to future similar documents which they have been downloading for years off the public auDA website!

This could end badly for auDA and the Board now the Government staff also have been detrimentally affected to information access!

"73. In terms of prejudice to the future supply of similar information of similar provenance, submissions indicated that these and similar documents are no longer published on the website. This clearly indicates that any prejudice to the supply of information of this provenance to the Commonwealth has already occurred. Therefore, disclosure of the information under the FOI Act cannot reasonably be expected to prejudice the future supply of information of this provenance.

74. In terms of prejudice to the future supply of similar information of different provenance, any documents provided to the Commonwealth since the enactment of the FOI Act in 1982 are potentially subject to an FOI request. This situation is not materially altered by the current request, and would not be materially altered by any disclosure of documents as a result of this request.​

"75. Specifically, the current request is for documents that were published previously by their originator, and were obtained by departmental officers downloading the documents over the course of a number of years from a publicly available website maintained by the originator of the documents on which the documents were lawfully published by their originator."​
 
Obviously auDA thinks by not publishing the information from now onwards they will not have to provide it under FOI.... or maybe to also hide things from the government?

The problem is the Commonwealth Government wants to be able to go to the auDA.org.au website and keep downloading this same type of material as they have been doing for the last 16 years!

I have NO doubts the FOI requests will continue. Some very cashed up Supply companies also are saying WTF...enough is enough!

My guess is the Board is on very limited time.
Change direction and listen to the concerns of members and Government or Resign with dignity or go down with the ship.
 
I wonder how many tenders you need to have had direct involvement in to get on the Tender Process Committee. Was that even a consideration in the selection criteria?
 
Bacon Farmer said:
So to summarise, auDA have been called bullshit artists by the government.
Click to expand...
Oh oh, can almost guarantee that the mods will be getting a request to take this comment down! ;) Hope they resist.

Whilst it is "flowery language", I believe you would have two defences at your disposal:

  • Truth or justification - If the imputations are true, then the defendant has a complete defence.
  • Fair comment or honest opinion.
 
In case my BS artist comment is pulled.

ouDA: "ooh you can't publish these documents because the sky would fall in!"

Guvment: "but you previously published them on your website?"

ouDA: "yeah but... the sky will fall in!"

Guvment: "nah I call bullshit"
 
In my view AUDA's credibility is sinking ever lower as they look for legal loopholes and provide dubious explanations, the argument about the minutes was clearly not worth putting forward. What were the lawyers thinking?

They are trying to the same thing with the code of conduct, clearly invalid yet AUDA continues arguing otherwise.
 
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