Qualification
It’s the 4th of July, if all things had gone to plan we would be looking at launching this week BUT it’s not yet, legally, possible.
The Department of Commerce has rejected the Rule Book that underlies the behaviour and actions of the Co-operative Members, Board and Executive, that attributes rights and responsibilities.
Without this document a Co-operative may not legally exists, and that document will not legally exist until it’s approved by the lawyers at the Department of Commerce, Co-operatives Unit.
I received notice on June 28th:
28 June 2021
Dear Mr. Chambers
CO-OPERATIVES ACT 2009
APPLICATION FOR APPROVAL OF PROPOSED RULES OF A CO-OPERATIVE
I refer to the application for approval of proposed rules of a co-operative for Pollee Co-op Ltd that the Department of Mines, Industry Regulation and Safety – Consumer Protection Division (Consumer Protection) received on 01 June 2021.
Please be advised that after a formal assessment of the proposed rules was conducted, they were found not to comply with the Act in many respects. We are currently working towards a response to outline where the rules will need to be amended and this will not be addressed in time for your formation meeting.
Waiting to read what these rules “that do not comply with the Act in many respects” are and why.
This Rule Book honours the Acts’ need to have a board and executive to administer the business and make executive decisions, within the frame work and budget approved by the membership.
This is in direct response to demonstrable flaws in a system of governance that leaves too much room for conspiracy and deceit within boards and their executives against membership and co-operative interests. I would have more faith in this devolved authority to boards and their apparatus if there were strong investigative agencies, well resourced and interested in compliance to the Act and to common law.
I see very little sign of such agency or action, if ever, only retrospectively when the damage has been done.
Our intent is that every decision made by theis co-operative is explained and approved by the membership and acted upon by the Board and Executive with full and immediate disclosure of the outcomes.
We will see what the letter will bring, what I know is that this process steals time and costs money.
UPDATE - DMIRS staff responded with a constructive criticism that I have only recently had the time and energy to respond to. We are working our way through, line by line, and the process is building a better Rule Book as a consequence. Updated draft will be released soon. 07/10/21
