[Centres] Questions re discussion and voting on Notices of Motion.

[Joseph.orland at rdansw.org.au]

The Centre President,

RDA (NSW) Box Hill (Tall Timbers) Centre

 

The Board has received various emails from your Centre Committee.  Those
emails were also sent by your Centre to all other RDA (NSW) Centres.  Those
emails will be attended to in due course, however in the meantime the Board
would like to address a statement made in your Centre's email dated 26 June
2020.  That email was sent to all RDA (NSW) Centres and to the Board.
Accordingly, it is necessary to also send this reply to all Centres.

 

In that email your Centre states:

 

"We reject the position of the Board that the Motions can be deferred to an
EGM pending legal advice, because the Motion raised by Tall Timbers are in
accordance with the Constitution and the Corporations Act".

 

This is a reference to the Motions which have been put forward by your
Centre for discussion at the 2020 AGM.  It is noted that these Notices of
Motion will be circulated soon to all Centres.

 

The Board concedes that the motions can legally be put.  However, just
because it is legal to do something does not necessarily mean that it is
automatically the appropriate or correct thing to do.  It all depends on the
circumstances.

 

The Board submits that it would clearly appear to be against the Board's
obligations under both the Constitution and the Corporations Law to act, as
suggested by your Centre, to put the Motions submitted by your Centre to all
other Centres for discussion and for the making of a decision prior to the
legal advice being received, particularly since that legal advice is
directly in relation to the very issues which are to be decided upon in
those motions.  

 

It could also be against the commercial, financial and legal interests of
RDA (NSW) and all of its Centres if the decisions are made prior to the
legal advice being received, end up not being supported by the legal
opinion.

 

It is the Board's opinion that the proper course of action would be for
decisions on those Motions to be  made only after the legal advice relating
to the issues covered by those Notices of Motion is received.  Once that
legal advice is received, the Motions can be put to Centres for them to
consider and vote upon, with Centres having the benefit of that legal
advice.  This would mean that only after the legal advice is received and
considered that the motions should be put to Centres for their views. 

 

The Board has already stated, in previous correspondence, that it strongly
supports the concept of incorporation of Centres, which is why the legal
advice is being sought - to ensure that the whole process is handled
properly.

 

Regards,

Joseph Orland

Honorary Director, Finance Officer & Company Secretary

 

Riding for the Disabled Association (NSW)

Quad 1, Level 2, 8 Parkview Drive, Sydney Olympic Park, NSW

(PO Box 710  Sydney Markets  NSW  2129)

 

Ph: (02) 8736 1256   Mob: 0407 004 019

Email:  <mailto:stateoffice at rdansw.org.au> joseph.orland at rdansw.org.au

Web:  <http://www.rdansw.org.au/> www.rdansw.org.au

 

"Riding Develops Abilities"

 

        

Donations of $2.00 or more are tax deductible

   

         

 

 

 

 

 

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