. NOTA BENE - WORK IN PROGRESS - Your Inputs & Thoughts 
To Brain CAcert Inc. - CAcert.org Members Association - To RFC Request For Change of DRP
Mail to board_private
Members of the current board:
- Reinhard Mutz, President
- Juergen Bruckner, Vice President
- Marcus Maengel, Secretary
- Stefan Thode, Treasurer
- Ben Ball, Member
- Peter Yuill, Member
- Robert Cruikshank, Member
- Felix Doerre, Member
- Kevin Dawson, Public Officer, for information
Dear colleagues of the current board of CAcert Inc.,
dear Kevin,
due to the current discussion on different mailinglists of CAcert our board is required to take some action which help to develop CAcert towards its targets and goals.
It is an urgent requirement of the current law to update the DRP to match the regulations of the acts. I must point out that an update is really a highly important and urgent task. This update is overdue for more than 5 years and should have been done latest when our statutes have been updated which happened in 2011.
The reasons:
The applicapable law are these 2 acts: Associations Incorporation Act 2009 and Associations Incorporation Regulation 2010 under the Associations Incorporation Act 2009,
Our statutes have been updated to match the rules as laid out by the Associations Incorporation Act 2009, which happened by lodging the statutes with the OFT on 2012-01-09. The AGM, hold on 2011-11-27, carried a motion to
Replace Association Act 1984 Links with Accociation Act 2009 Links within current CAcert Inc rules (Make CAcert Inc Rules compliant to Accociation Act 2009).
Today we must recognise **) that former boards and AGMs did not consider the contents of any regulation act. We should correct this immediately. The Associations Incorporation Regulation 1999 was repealed and replaced by the Associations Incorporation Regulation 2010 which came into effect on 11 June 2010.
This act rules:
§10 Resolution of disputes
(1) A dispute between a member and another member (in their capacity as members) of the association, or a dispute between a member or members and the association, are to be referred to a community justice centre for mediation under the Community Justice Centres Act 1983.
(2) If a dispute is not resolved by mediation within 3 months of the referral to a community justice centre, the dispute is to be referred to arbitration.
(3) The Commercial Arbitration Act 1984 applies to any such dispute referred to arbitration.
Our statutes from 2011-11-27 read:
§11 Resolution of internal disputes
(1) Disputes between members (in their capacity of members) of the association and disputes between members and the association, are to be dealt with in accordance with the association's Dispute Resolution Policy.
Please see the version from 2011*)
Our Dispute Resolution Policy always described the method of dispute resolution using the term „arbitration“ and refers to the arbitration acts of many countries. That is the reason why UNCITRAL comes in. The referenced Commercial Arbitration Act 1984 was repealed and replaced by the Commercial Arbitration Act 2010 No 61 which came into effect on 28 June 2010. The Arbitration Act can be found here.
Our SVN page displays that we do not recognise these important changes which may lead to an unvoluntarily winding up of the association. What is to do? We should order the policy group to work out a first draft of a new DRP to match the law.
I ask all of you to support this proposal.
The policy group is kindly asked to update the current DRP of our association to match the requirements of the Associations Incorporation Regulation 2010 under the Associations Incorporation Act 2009.
We expect to work out a new draft version of the DRP which matches the articles 1 to 16 of the Model law of Arbitration as laid out by UNCITRAL.
All members of CAcert Incorporated are kindly asked to participate in this discussion. Our statutes should be changed in a way that the most important regulations are integrated. This complex work should be finished until the next ordinary AGM.
Reinhard Mutz
President of CAcert Inc.
*) Our current statutes are here. They have been updated on the AGM in 2013 and changed the membership fee to EURO. Here are the statutes of 2011-11-27.
**) I feel ashamed to find in our SVN repository a document of Queensland instead of New South Wales.