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For Tasmanian members of the AEVA
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Adverse Effects
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Post by Adverse Effects » Fri, 19 Jun 2015, 15:22

karlg wrote: If an organisation (which AEVA is) repeatedly makes the same decisions, it's a policy. It doesn't matter whether it's written down or not.


owwww that is a dangerous precedent to set

and if that is the case there is no need for the National Council or the National Executive.
To make policy the members just have to do something a few times and then its "LAW"

PS:- you may want to work out how to use the "Quote" button or at lest learn how to use BBcodes for quoting just makes it a lot easier to read and work out who is saying what

EDIT:-

and if its not "written down" how are the members to know about it and abide by it ?

its not LAW if it carnt be read
Last edited by Adverse Effects on Fri, 19 Jun 2015, 05:26, edited 1 time in total.

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Post by karlg » Fri, 19 Jun 2015, 16:18

Well, it works retrospectively rather than prospectively. Let's say you have an injury and you go to Medicare and they say they aren't going to cover that, you can take them to court and say, 'Here are ten people with the same injury you have said yes to, so you can't, without good reason, say no to me.'

So you get policy by implication.

Adverse Effects wrote: and if its not "written down" how are the members to know about it and abide by it ?

its not LAW if it carnt be read


Get a good lawyer? Image


The expectation is that the office holders will make decisions consistent with previous ones. If they don't, then the above can happen.

This comes because companies/corporations (including AEVA as an incorporated association) are subject to statute and civil law which mandates that office holders have particular duties to their organisation - they need to act responsibly.

Adverse Effects wrote: PS:- you may want to work out how to use the "Quote" button or at lest learn how to use BBcodes for quoting just makes it a lot easier to read and work out who is saying what
Sorry about that. I will try to do better. I find the BBcodes really hard to work with - every time I want to put in a URL, or underline something it adds the text to the end of the message, and I then have to cut and paste it back to where the cursor was..

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Post by Gabz » Fri, 19 Jun 2015, 16:33

basically we have a constitution, then polices then precedents.

the name choice doesn't contradict the constitution so the general membership doesn't have to be evolved. as any change would require an AGM.

we have a policy which it also doesn't contradict so there is no need for the board or office holders to make a change. any policy change should be published for all members to read.

leaving precedents. we've never named a branch after a state. so any normal meeting can change this your example with Medicare is that because there has been no change in written policy and you've previous allowed said medical procedure you should allow this one. Where as there is no precedent for naming a branch a state branch, so is the equivalent of me saying to a policeman I've never been booked for speeding before so you can't do it now ! We use precedents to allow you to do the same thing twice not as an reason not to do something new.

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Post by poprock » Fri, 19 Jun 2015, 17:37

As a New South Welshman, this saga has been entertaining, but it's time to reach a decision. My vote is for the "Apple Isle Branch", with Princess Mary of Denmark and Young Einstein as sponsors. First item on the agenda is construction of a bridge between Launceston and the mainland with charging stations at appropriate intervals. Image Meanwhile, the reality is it's good to see the level of interest in eco friendly transport increasing.

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Post by Gabz » Fri, 19 Jun 2015, 17:47

Karl

a question for you lets say I want to create a new branch I have 5 members in the following LGAs
2 Maitland city
1 Newcastle City
1 Cessnock City
1 Lake Mac city

(and yes this is the spread of members of the forum near me) + gosford or wyong city but it's now nearing the edge of my range radius.

what name should my branch be called on precedent ?
Last edited by Gabz on Fri, 19 Jun 2015, 07:49, edited 1 time in total.
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Post by Chuq » Fri, 19 Jun 2015, 17:58

The National Council is happy with "Tasmania", the Tasmanian members are happy with "Tasmania" - this thread is on the second page - is arguing about this the best use of our time?

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Post by Adverse Effects » Fri, 19 Jun 2015, 18:13

Chuq wrote: The National Council is happy with "Tasmania", the Tasmanian members are happy with "Tasmania" - this thread is on the second page - is arguing about this the best use of our time?


i dont know about you guys but i only see 1 against the motion and lots for it

lots means many or repetitive and that is then a RULE / LAW ?

motion carried ?


Image see i told you it was dangerous to make that statement Image Image
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Post by karlg » Mon, 10 Aug 2015, 00:55

Gabz wrote: Karl

a question for you lets say I want to create a new branch I have 5 members in the following LGAs
2 Maitland city
1 Newcastle City
1 Cessnock City
1 Lake Mac city

(and yes this is the spread of members of the forum near me) + gosford or wyong city but it's now nearing the edge of my range radius.

what name should my branch be called on precedent ?


Hi Gabz,

It's about coverage.

You're talking about a geographical area where all interested people could go to regular meetings.

In Tasmania, it's not practical for people in Burnie or Devonport to go to meetings in Hobart. So a branch named 'Tasmania' cannot cater for all the people encompassed by the name.

This issue shows a fundamental misunderstanding about how AEVA works: AEVA is a bunch of pretty-well autonomous branches. These branches, fundamentally are their meetings. Meetings are where people get together and discuss things. This is what happens.

Interestingly, the constitution is silent on branch meetings! The closest it seems to come is 36(2)(b) which states that a quorum of a general meeting "of a branch of the association is the presence (physically, by proxy or as allowed under rule 35) of 5 of the members affiliated to that branch and entitled to vote."

Also of interest, 10(1) states: "As soon as practicable after an application for membership is received, the Branch Secretary must be informed and must present the application to the Branch Committee for consideration." Although the constitution does not say that a person must be a member of a branch, this rule does seem to imply it. This makes sense since representation on the National Council is proportional to the size of the branch.


Ultimately, what's the use of being a member of a branch you can't go to the meetings of?

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Post by karlg » Mon, 10 Aug 2015, 01:00

Yes, I suppose several people here are right: if the people in northern Tasmania get sick of being dudded with meetings they can't go to, all they have to do is form their own branch.

All it takes to form your own branch is to have 5 members.

That's a low bar and there should be heaps of branches, not just in northern Tasmania, but all over the place!

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