[Centres] URGENT attention required

Tue Oct 24 20:22:27 AEDT 2023

To whom it may concern,

This letter is not signed off by a person nor a centre. This to us leads to itself as not being transparent.

In regards to the ACNC information we could see that Jan Pike is indeed active and you say that she is not.
We have also noted that Mudgee completes their own ACNC so how can you tell these un truths to the centres? Why is the Boards Fault?
We have looked at your legal advice https://www.sparke.com.au/
But we question why did you change firms when prior you used Barefoot Lawyers?
The petition you ( we assume Anna Rimic) has altered again as to the original. Why ?

You say that you are doing this as an individual . Well we feel sorry for Ballina because you are creating a nightmare for that centre who clearly want to get ou of administration , but you are personally creating waves
Today we received an email for Joseph Orland on behalf of the Board and it appears to us that you have a personal issue that is not centre relevant.

We also have noted that in your tirade you have not showed any empathy to riders, volunteers or those on the Board that also volunteer their time.

We would also seek clarification as to why you are running your own business for PWD on an RDA property that already has an RDA program? Please Explain........

Lastly – your petition you say can be signed anonymously, how is that legal?

Once you have answered these few questions  we ask that you remove Mudgee from your devious plan of causing disruption to RDA and the good that their program runs throughout NSW. We are all volunteers and if you don’t like it , it is easy to leave ?

Kind Regards
Mudgee Ride Ability Hub Committee
Riding for The Disabled Association NSW
RDA(NSW)
Mudgee.rda at hotmail.com
www.rdansw.org.au<http://www.rdansw.org.au>
[cid:18b53da1f6c26f7ae771][ACNC-Registered-Charity-Logo - small][cid:18b53da1f6c770ade3a3]

From: save_the_rda<mailto:save.the.rda at gmail.com>
Sent: Tuesday, 24 October 2023 6:11 AM
To: RDA NSW Mudgee Centre<mailto:mudgee.rda at hotmail.com>
Cc: alburywodonga at rdansw.org.au<mailto:alburywodonga at rdansw.org.au>; armidaleandnewengland at rdansw.org.au<mailto:armidaleandnewengland at rdansw.org.au>; bluemountains at rdansw.org.au<mailto:bluemountains at rdansw.org.au>; cowra at rdansw.org.au<mailto:cowra at rdansw.org.au>; gunnedah at rdansw.org.au<mailto:gunnedah at rdansw.org.au>; kempsey at rdansw.org.au<mailto:kempsey at rdansw.org.au>; mudgee at rdansw.org.au<mailto:mudgee at rdansw.org.au>; tweedvalley at rdansw.org.au<mailto:tweedvalley at rdansw.org.au>; waggawagga at rdansw.org.au<mailto:waggawagga at rdansw.org.au>; Anna Rimac<mailto:annamrimac at gmail.com>; RDA Ballina<mailto:ballinaanddistrict at rdansw.org.au>; board of directors<mailto:Board at rdansw.org.au>; RDANSW State Office<mailto:stateoffice at rdansw.org.au>; Diane Burnicle (dianegburnicle at hotmail.com)<mailto:dianegburnicle at hotmail.com>; gemini.winsoft (gemini.winsoft at bigpond.com)<mailto:gemini.winsoft at bigpond.com>
Subject: Re: URGENT attention required

Thanks for your feedback Mudgee Centre,

The Centres as the members of the RDA are responsible for asking the questions about how the charity is run and for electing directors that operate the RDA in accordance with the charities law and the ACNC Governance Standards.

The ACNC operates on the premise that charities are predominately run by volunteers, and reliant on volunteers to operate. But the laws must still be met. In particular the financial accounts must be lodged with the ACNC see  https://www.acnc.gov.au/for-charities/manage-your-charity/governance-hub/governance-standards and https://www.acnc.gov.au/tools/guides/governance-for-good-acncs-guide-for-responsible-people

If RDA (NSW) doesn't abide by the legal requirements set by the Australian Charities and Not For Profit Commission all Centres may lose their status as a charity.
This will directly impact participants.

Our legal advice is provided by Sparke Helmore. Please follow this link for more information regarding their services Sparke Helmore<https://www.sparke.com.au/insights/media-releases/sparke-helmore-announced-as-a-finalist-for-pro-bono-program-of-the-year/>
If you have any questions, please put them in a reply email. All questions will be collated and forwarded to Sparke Helmore in one email so that they are forwarded with the correct file references etc. RDA is extremely lucky to have them working pro bono for us and we must respect their processes.

All information and communications are from me directly, with support from Ballina Centre.
Ballina Centre's administration was deemed invalid by a local solicitor (previous to Sparkes Helmore). The letter explaining why this is the case is attached. The administration is invalid unless the Board of Directors follows due process.

I'm not sure what you mean by centre selective. Please confirm if you're referring to the following?
I explained in my first email that the electronic document version of the petition would only allow a group of no more than 10 at once, hence I divided the centres up randomly into less than 10.
The feedback I've received since sending is that many centres would prefer to sign the petition confidentially.

Thanks again to all centres for your patience and consideration of these serious matters.

On Fri, Oct 20, 2023 at 9:43 PM RDA NSW Mudgee Centre <mudgee.rda at hotmail.com<mailto:mudgee.rda at hotmail.com>> wrote:
Hello Anna Rimic,

Mudgee centre committee has discussed your previous emails with our committee and members and volunteers.
We are stumped as to what this has to do with centres in regards to its participants and how this provides a service for the centres?
We find this very negative and feel that it is not helping the centres to offer the RDA program in a positive light.

We tonight are more confused as to why you added the following - There is a strong sentiment being voiced by centres that the responsibility to manage the current problems should not fall on newly appointed directors.

We believe that Joseph Orland, Tracy Lucas and Olwen Smith and Jenny Cameron (who stepped down to save the centres a re vote) as newly appoint Directors are trying to do their best. They are after all volunteers.

Can you please let us know who your legal information comes from as we would like to ask them a few questions as a centre member?

We have also noted that these emails are from yourself Anna Rimic, and are they supported by the Ballina centre ? We were advised that Ballina is in administration.

We look forward to your answers and as to why it is centre selective please?

I would also like to apologise to the centres for our email, we need to keep it an open communication though.

Yours in RDA (NSW) Mudgee centre
Mudgee.rda at hotmail.com<mailto:Mudgee.rda at hotmail.com>
Mudgee Ride Ability Hub
Mudgee Showground

[cid:18b53da1f6c26f7ae771][ACNC-Registered-Charity-Logo - small][cid:18b53da1f6c770ade3a3]

From: save_the_rda<mailto:save.the.rda at gmail.com>
Sent: Friday, 20 October 2023 7:39 PM
To: alburywodonga at rdansw.org.au<mailto:alburywodonga at rdansw.org.au>; armidaleandnewengland at rdansw.org.au<mailto:armidaleandnewengland at rdansw.org.au>; bluemountains at rdansw.org.au<mailto:bluemountains at rdansw.org.au>; cowra at rdansw.org.au<mailto:cowra at rdansw.org.au>; gunnedah at rdansw.org.au<mailto:gunnedah at rdansw.org.au>; kempsey at rdansw.org.au<mailto:kempsey at rdansw.org.au>; mudgee at rdansw.org.au<mailto:mudgee at rdansw.org.au>; tweedvalley at rdansw.org.au<mailto:tweedvalley at rdansw.org.au>; waggawagga at rdansw.org.au<mailto:waggawagga at rdansw.org.au>
Subject: Re: URGENT attention required

Hello All,

A few centres have contacted me asking to extend the petition cut off date. This is mainly due to the timing of Centre Committee meetings etc.
It's important that everyone has an opportunity to view the presentations, consider the information and to do their own research as well.

A couple of other considerations have also been expressed;

There is a strong sentiment being voiced by centres that the responsibility to manage the current problems should not fall on newly appointed directors.
To address this, the petition is being re-drafted under legal advice. The edited version will be forwarded as soon as it's available (hopefully early next week).

Once the new petition is complete, a new date for signing will be determined.

This process is (of course) taking a great deal of time and energy, reflecting the complexity and importance of ensuring that all matters are addressed correctly.

We greatly appreciate your support and patience.

On Wed, Oct 18, 2023 at 6:03 AM save_the_rda <save.the.rda at gmail.com<mailto:save.the.rda at gmail.com>> wrote:
Hello All,

Thanks for taking the time to view, share and consider the information in the video.
There are a couple of options for signing the petition;

Sign the online version electronically - if it's done this way other centres in your group will see that it's been signed.

OR

Print and sign the PDF copy and send it back to me.

I'm more than happy to maintain confidentiality until the numbers are in and everyone agrees to submit. In that case I'll wait until the end of this month, keeping your centre confidential. I'll then email everyone with the numbers only (no names) and we can as a group decide to submit the petition or not.

Thanks for your understanding and support.

On Sun, Oct 15, 2023 at 4:52 AM save_the_rda <save.the.rda at gmail.com<mailto:save.the.rda at gmail.com>> wrote:
Please also see attached pdf version of petition for your reference

On Sat, Oct 14, 2023 at 9:53 PM save_the_rda <save.the.rda at gmail.com<mailto:save.the.rda at gmail.com>> wrote:
Dear Centre Committee,

Your urgent attention is required.

The election process, and outcome of the AGM, has created serious concerns for RDA (NSW) Centres. A senior lawyer, from a national law firm (recognized for its pro-bono work) has been assisting us in looking at issues being experienced between Centres and the Board. They helped us to identify the legal obligations imposed on RDA as a registered charity. Regretfully there are areas of concern that highlight how many of these obligations are not being met.
 A short presentation has been prepared explaining the situation. Please watch;

https://vimeo.com/873925684?share=copy

Many Centres are only now realising that changes to the Constitution in 2018 have the effect of potentially delaying a Special General Meeting (if called for) by 19 weeks. This means that a serious governance failure (such as not reporting to ACNC) could continue for many months, putting our charity status at risk. Prior to this constitutional change, important matters could be corrected in 7 weeks.

The presentation refers to addressing multiple concerns by calling for a Special General Meeting, requesting to hold a new election, supervised by an independent body. This meeting could delay action for 5 months.
We could have this hanging over us like the Sword of Damocles until Mid-February next year.

Centres have also expressed a fear of requesting a Special General Meeting. The prevailing culture of confusion and fear identified by an independent review conducted in 2021 is still prevalent and has contributed to these feelings.

Centres are expressing concern that delays in correcting these problems could;

•         allow the knowledge of these critical Board failures to spread throughout our communities

•         destroy the excellent reputation of our Centres

•         erode our decades long legacy of providing excellent services throughout our communities

•         exacerbate poor morale and heavily impact centres

•         reduce volunteer engagement and numbers

•         lead to the ACNC investigating the RDA and querying the charitable status of RDA (NSW)

All of the above would inevitably reduce access to support, funding, grants and allowances for tax deductible donations and close centres down.

I am suggesting a simple, alternative approach.

A petition request to the board signed by all centres. This would be a positive, simple step, taken in good will, towards resolving the serious matters raised. A copy of the petition will be emailed separately for Centre Committees to consider and determine Centre support. The document can be electronically signed and returned. Each copy can only accept a maximum of 10 signatories. All four copies will then be collated and presented to the board and all centres.

If you’d like more information regarding the legal details evidenced in the presentation, please watch;

https://vimeo.com/873926984?share=copy

Kind regards,
Anna Rimac

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