EGM 7th November 2022 - Communiation from DNSW Committee

Dear Members

You would have received notification via Centreline Magazine yesterday of an Extraordinary General Meeting (EGM) to be held via Zoom on Monday, 7 November 2022 at 7 pm.  We have received an email from Sue Scaysbrook on behalf of the Save the Clarendon Group challenging the validity of holding the EGM via Zoom, and that the EGM must be held in person.

DNSW members may be reassured that the EGM will be run in accordance with the DNSW Constitution and the Associations Incorporation Act. The DNSW Committee has received legal advice that DNSW (Association) is not required to hold a members meeting in person, for the following reasons:

1. The Associations Incorporation Act 2009 (NSW) (Act) provides that meetings of members can be held at 2 or more venues using any technology that gives each of the association’s members a reasonable opportunity to participate (section 37(3)).

2. While it is correct that the association’s constitution prescribes under Articles 35 and 73 that a relevant quorum of members must attend “in person”, this is inconsistent with the above provision of the Act – and the Act provides that a provision of an association’s constitution is of no effect to the extent to which it is contrary to the Act (section 25(6).

The Act (in item #1) overrides the requirement for a face-to-face meeting and validates that the EGM may be held entirely virtually (ie, via Zoom).  The DNSW Committee feels that it is critical, fairest, and ethical that as many members from all areas of NSW have the opportunity to attend the EGM and for this reason we will hold the meeting via Zoom.

DNSW is aware incomplete and inaccurate information has been circulated about DNSW Clarendonand also about the EGM by others.  Full and correct information about DNSW Clarendonand the EGM is included in Centreline Magazine and on the DNSW website E-Centreline Special Edition (3dissue.net) 

If you would like to register for the EGM, please contact Mary Houghton (DNSW Admin) at [email protected].

Sincerely,

For and on Behalf of the DNSW Committee