The end of deliberation.

The issue with the department has been concluded:

Dear Mr Chambers

REGISTRATION OF POLLEE CO-OPERATIVE AND THE LEGISLATIVE

REQUIREMENTS FOR CONDUCTING IN-PERSON GENERAL MEETINGS

Thank you for your email of 6 September 2022 to the Hon John Quigley MLA, Attorney General. Your correspondence has been referred to the Hon Roger Cook MLA, Minister for Commerce, as the matters you have raised fall within his portfolio. I am replying on the Minister’s behalf.

I understand that you are concerned that the current legislative requirement in regard to holding in-person general meetings of co-operatives in the Co-operatives Act 2009 (WA) (the Act) is outdated, and in effect not fit for purpose in the current and evolving circumstances in which business and social interactions occur.

I am advised that the Department of Mines, Industry Regulation and Safety – Consumer Protection Division (Consumer Protection) has been engaging with you on this matter. I understand it is Consumer Protection’s view that your proposal to allow electronic means of members attending and voting at general meetings would not be compliant with the Act. I am also advised that any rules containing such processes could not be approved.

Consumer Protection understands and concurs with your concerns that in the current environment, meeting practices have evolved and that the legislation should also evolve to accommodate for alternative meeting arrangements. As a result of concerns raised by yourself and others, Consumer Protection is exploring the option of an amendment to the Act.

However, amendments to legislation are not simple or quick matters and can take some time to progress. Until such time that any changes to the Act occur, Consumer Protection is required to apply the legislation as it currently exists. I urge you to continue to liaise with Consumer Protection to achieve compliance with your co-operative rules approval process. These rules can be amended in future should legislative change allow for the changes requested.

There follows an offer to discuss the matter with an officer, not really necessary information for public display.

I’ve written previously about The Principles of Cooperatives, it’s embedded at the head of this legislation and as I will re-iterate

3. Objects of this Act The objects of this Act are to —

(a) enable the formation, registration and operation of co-operatives; and

(b) promote co-operative philosophy, principles, practices and objectives; and

(c) protect the interests of co-operatives, their members and the public in the operations and activities of co-operatives; and

(d) ensure that the directors of co-operatives are accountable for their actions and decisions to the members of co-operatives; and

(e) encourage and facilitate self-management by co-operatives at all levels; and

(f) encourage the development, integration and strengthening of co-operatives at local, regional, national and international levels by supporting and fostering State and national peak organisations and co-operative instrumentalities.

This Rulebook proposes nothing more than using the tools available to maximise the potential for member engagement in the business of the cooperative. It doesn’t seek to subvert the power of a board to make executive decisions, it simply holds EVERY decision open to account and helps clearly define the limits of executive power.

If this were to be an Association the legislation exists to implement what is proposed, which leaves the Government in the precarious state of having two concurrent pieces of active legislation with a lack of consistency in who may be a member and how they may participate.

So it’s either the evidently slowwwwww process of glacial legislative change or it’s a choice we all need to make in how we wish to govern our country. Continue as we are with an electoral dictatorship (some terms and conditions apply) backed by an increasingly armed and interventionist policing force or revoke the franchise of the vote we give our representaives?

One month to discuss and decide Australia, is Democracy a better way?