Just got this in my box

Dear WAKSA Member,

The WAKSA committee has recently received a number of requests for access to the membership register. According to the Associations Incorporation Act (1987) we are required by law to make the register available to legitimate members only. We have investigated whether any privacy laws overrule this requirement, but they do not. As a result, we are legally required to provide the membership list when requested. We have received advice, however, that we need only provide names and postal addresses as a minimum, so we will not disclose your phone number or email address without your permission.

If you receive contact from anyone who has obtained the WAKSA membership list, but is not a WAKSA committee member, please understand that we are legally obliged to provide them with your contact details.

Regards,
The WAKSA committee.

WTF is that about?
As a member do we get notified who is demanding our personal contact information and why?
What stops a legit member obtaining this info then using it for profit?

poor relative said...


What stops a legit member obtaining this info then using it for profit?

Hopefully the fact that they will have their membership cancelled for acting against the interests of a Not For Profit organisation.

All incorporated associations in WA are required by the Associations Incorporation Act 1987 to maintain a register of members and make that register available to members when requested.

The Act says:
27. Register of members
An incorporated association shall keep and maintain in an up to date condition a register of the members of the association and their postal or residential addresses and, upon the request of a member of the association, shall make the register available for the inspection of the member and the member may make a copy of or take an extract from the register but shall have no right to remove the register for that purpose.

28. Rules to be available to members
An incorporated association shall keep and maintain in an up to date condition the rules of the association and, upon the request of a member of the association, shall make available those rules for the inspection of the member and the member may make a copy of or take an extract from the rules but shall have no right to remove the rules for that purpose.

WAKSA has received a request for a copy of the member register from a member and we are in the process of complying with that request. There is no commercial interest or motivation for the Association in complying with this request.

WAKSA

calm down fellers. the worst you will get is some advertising in the mailbox.


and then you will know who has requested the info...

The Act says:
27. Register of members
An incorporated association shall keep and maintain in an up to date condition a register of the members of the association and their postal or residential addresses and, upon the request of a member of the association, shall make the register available for the inspection of the member and the member may make a copy of or take an extract from the register but shall have no right to remove the register for that purpose.

It sounds to me like you could provide a print out of the member list, available for viewing at a particular location of which they make a copy if they wish. (There's no mention of supplying a photocopier for them to use. Maybe you could supply pens and paper.)

No reason to provide an electronic list directly to them.

Why make it easy?

poor relative said...

axis said...
surely WAKSA can make public who is requesting the info?

I agree as a member i'd like to know who wants my details and why.

Agree.

Being outed will surely dampen their enthusiasm for (what should be) confidential details.

I understand that WAKSA's hands are tied but this is seriously not cool.

mattyjee said...

calm down fellers. the worst you will get is some advertising in the mailbox.

We presume that a shop guy has requested the info.
Don't think thats likely from our retailers.
They all seem to have good relationships with the punters and know us well. A shop doing something like this would reflect badly i would have thought.

I am worried that an individual has the info and i am worried as to what their intentions are - if that be the case.

Kewl.... can I have the names and addresses of all the women on the list, actually just the single ones in WA will do.
My intentions are all above board and honourable.


Seriously though this sucks, I presume it would be the shop guys that are after the info however it could well be thieves (think kitestock etc), sicko's, anyone for all we know.

I can Imagine the windsurfers would have some interesting Ideas for whoever has our details

Another thing that s*its me about this.....Not everyone wants their name and address given out to anyone that happens to be a member. Its nuts. If i go into West Coast Eagles admin and say "Hi I am a member and I would like a list of all your members and their home addresses thanks" I dont think I would get the same response as WAKSA has given. Some people like to fly under the radar for a variety of reasons.Maybe they left a violent relationship and are looking for a new start and dont want to be bothered. What about police,prison guards,prosecution lawyers,victims of crime? That silent number you got...Dont bother they have your address and will come around and kick in your door !! All of the above have a valid reason to not want their info given out to a "member".Members should be told in advance about stuff like this. So they have an opportunity to resign.
Roll over WAKSA ...nice puppy

Incase anyone took it the wrong way I wasn't serious in my previous post when I said that I wanted the names and addresses of all the female members, I was just trying to prove a point that I don't think this sounds right giving out names and addresses of members.
I thought that women in particular though may feel vunerable by this action, especially if they have been in a previous violent relationship or something like that.
I'm sure this is not the case though and suspect it is more than likely a member of the Mullaloo anti kiting lobby or similar, you do have to wonder what they might want to do with the information though.
I know it sounds like it is a black and white case that it is a requirement under the act as quoted, I just wonder what the consequences of not complying would be and wether it is worth seeking external legal advice.

I question the 1987 Act itself as there should be a rider defining the privacy rights of members.

If the Act is fact as it stands and without a rider, then it seems to me that both WAKSA and any member with a membership list has a duty of care to the membership.

Any misuse of membership information should be defined and subject to legal scrutiny.

WAKSA. said...

All incorporated associations in WA are required by the Associations Incorporation Act 1987 to maintain a register of members and make that register available to members when requested.

The Act says:
27. Register of members
An incorporated association shall keep and maintain in an up to date condition a register of the members of the association and their postal or residential addresses and, upon the request of a member of the association, shall make the register available for the inspection of the member and the member may make a copy of or take an extract from the register but shall have no right to remove the register for that purpose.

28. Rules to be available to members
An incorporated association shall keep and maintain in an up to date condition the rules of the association and, upon the request of a member of the association, shall make available those rules for the inspection of the member and the member may make a copy of or take an extract from the rules but shall have no right to remove the rules for that purpose.

WAKSA has received a request for a copy of the member register from a member and we are in the process of complying with that request. There is no commercial interest or motivation for the Association in complying with this request.

WAKSA

This whole issue has made me reconsider joining WAKSA, I'm just not sure now whether I should or not; I'm pretty sure I'd not be the only person in this position.

Now the whole wording for #27 is such that;

...and, upon the request of a member of the association, shall make the register available for the inspection of the member and the member may make a copy of or take an extract from the register but shall have no right to remove the register for that purpose.

This wording says to me, very strongly, that the register is only to be made available for inspection only.
It doesn't say that the association should be providing a copy to the requesting party at all, rather, that the requesting member should be visiting the association to inspect the register & make their own copy in part or full.

Emailing, faxing, providing the register in Mandarin, all of these scenarios are PROVIDING a copy for the requesting member.
The act, if quoted correctly, does not in any way say that by law the association has to provide a copy; it only states that the association has to have the register available for INSPECTION ONLY.

It also doesn't say that the association should be letting the requesting member use their photocopier to make a copy of the register, so unless the requesting member brings their own photocopier, they're going to have a hard time making an electronically useful copy of the register, because the act also states that the requesting member CANNOT remove the register for the purpose of making a copy.

Therefore to summarize;
The requesting member, by law, is allowed to request an inspection of the register, they can make their own copy of the register, but they can't take the register away from where the register is kept, to make a copy.

It's all pretty clear from the wording.

So I hope that WAKSA would not, if they haven't already, send a copy of the register electronically, especialy in such a way that the data can be put straight into a spreadsheet, to the requesting member.

I would strongly suggest that WAKSA modify the association rules to allow the following;
All members should be contacted when the register has been requested to be inspected & the details of the requesting member should be given to all members upon the register being inspected.
The requesting member, upon requesting access to the register should be informed that if they do inspect the register, their details will be given to all members on the register.

Frankly, the register is only going to be requested for inspection for marketing purposes, or for nefarious purposes.

The marketer should not have anything to hide, so should be prepared to be made known to members upon requesting an inspection.

The nefarious party would have something to hide, so would obviously be discouraged from requesting the inspection if they know that their details will be given to all association members.

If I cancel my membership right now can I keep my personal detail confidential as is?

Looks like you guys got LOL'd... twice.

Kadkhah said...

If I cancel my membership right now can I keep my personal detail confidential as is?

It does say that the list must be kept in an up to date fashion, so if you withdrew your membership, it would have to be removed from the list before anymore requests to view it were processed. It wouldn't stop anyone that's already viewed it obviously though.

Get ready for a letter from Prince Nabooboo who needs you to give him your bank details so that he can deposit $5 million in your bank and will give you 10% for your kindness due to his father just dying and the money being in an Australian account

D