Fair Trading review of Associations
- Details
- Published on Monday, 18 November 2013 00:00
There is now a very good opportunity for members and ex-members to make changes to the way associations, such as WIRES, operate in NSW. The NSW Department of Fair Trading has released a discussion paper about how associatons can be better managed and you can make a submission.
As anyone who has contacted the Department of Fair Trading knows, the present Associations Incorporation Act does not give the Department the power to investigate internal problems within WIRES or any association. The Department has no power to take action against management of an association when the management disregards the organisation's constitution. WIRES knows this and uses it to their advantage. This leaves ordinary members at the mercy of the management.
Submissions are due by 6 December 2013.
You can read the Discussion Paper and make your submission on the NSW Fair Trading’s website.
Things to Consider
As part of the national overhaul of charities, the NSW government is looking to change the way incorporated associations are regulated. Some key points under consideration:
- Should the department have powers to appoint an independent returning officer for association elections?
There have been many alegations of unfairness in the conduct of elections in WIRES. - Should the Commisioner for Fair Trading have the power to issue public warnings about offending associations?
WIRES greatest concern is its image - PR is everything. Public awareness of misconduct could be a way of inducing better standards of behaviour. - Should pre-litigation mediation be manditory for associations?
WIRES knows that there is little the average member can do in disputes short of expensive civil litigation. WIRES has a lot of donated money and you don't. WIRES does not have to listen and has in the past avoided attempts at mediation. - Should the Commisioner have the power to order manditory standards of practice?
The WIRES constitution is badly written and regularly ignored. Sometimes it is interpreted in a way that suits management. Manditory directions could overcome this problem. - Should the Commissioner be able to ban individuals from holding office?
Certain people have a long history of bullying and other misconduct - they are recidivist offenders. Perhaps they should not be given an oportunity to continue to abuse others by gaining power in organisations. - Should members be able to enforce the rules in the Local Court?
Besides expensive litigation before the Supreme Court, there is little anyone can do to stop associations breaking the rules at the moment. - Should discousure of interests be recorded in the minutes made available to members?
There have been many allegations of board members receiving personal gain through employment or contracts with WIRES. The board keeps its meetings secret with minutes not released. This should be stopped - the members have a right to transparency. - Should the Commissioner have the power to deregister an association?
At the moment, WIRES knows there is no real penalty for dishonest conduct. Severe penalty might encourage honesty in the managment of associations. - Should the act prohibit deceptive or misleading conduct?
Oh yes! I think so. The public should know that WIRES spends nearly none of its donations on direct care of animals, even though it uses this as a marketing device. This should change.
Write the minister
What is reformwires?
Comments
WIRES member (at present)
Give your department the power to get WIRES to –
Stop WIRES using the Council minutes to tell a different story to what is really happening.
Stop WIRES using the minutes to embarrass members some board members don’t like.
Stop WIRES bullying, harassing and discriminating against members.
Stop WIRES pushing and expelling members out of WIRES without due process.
Stop WIRES using WHS as an excuse to bully members.
Stop WIRES employing relatives of board members.
Stop WIRES from having the same members on the board year after year and force a turnover so younger members get a go and encouragement.
Stop WIRES ignoring the conflict of interest by the husband of the secretary doing performance reviews of the board and council year after year.
Stop WIRES board members standing for the board when they have grievances against them.
Stop WIRES board from using donations to have a go at members outside the constitution.
Stop WIRES Chair and Secretary from ignoring branch agenda items.
Stop WIRES defaming members and branches that have different views.
Stop WIRES from the destruction of branch records.
Do get WIRES to re-write their Constitution and policies by a professional
Do get WIRES to write policies that conform and are not on conflict with the Constitution.
Do get WIRES to be democratic, transparent and ethical.
Do get WIRES to give each member to the right to vote at Board elections and to be able to stand for election to the Board.
Do get WIRES to set up a procedure to deal with complaints against the Board.
Do get WIRES to give members a cheap way to go to court when they are expelled without due process.
Do get WIRES to stop the Board from wasting donors money on lawyers to have a go at members they don’t like.
Do get WIRES to follow their Constitution and not make it up as you go.
Do give members a say in how donations and bequests are spent.
MAKE THE BOARD THINK OF THE NEEDS OF THEIR MEMBERS AND THE ANIMALS BEFORE THEIR OWN EGOS.
If you do this Minister, WIRES would be a fantastic place for its members to work and united happy members would mean better care for the wildlife.
no one is listening to your ravings on this pathetic hate site.
Better make up a new bunch of pseudonyms and pretend you're still relevant.
Or better yet just give up and find a more worthy target - Abbot is PM, there must be something better you can do with your talents.
in WIRES and spends a lot of time out
of NSW playing grey nomad.
It will be a lot easier for members who have been wrongly expelled or hounded out of WIRES to get justice if they only have to go to the local court instead of the supreme court.