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The Constitution

 

of the

 

Digital Liberty Coalition

 

 

 

 

 

1. NAME

 

The name of the organisation hereby constituted is the “Digital Liberty Coalition” (hereinafter “the DLC”).

 

 

 

2. AIMS & OBJECTIVES

 

2.1 We believe that it is the right of every Australian: -

 

  1. to be afforded the rights warranted under the Universal Declaration of Human Rights.
  2. to be afforded the rights warranted under the International Covenant on Civil and Political Rights.
  3. to be afforded freedom of information.
  4. to be afforded freedom of the press and media.
  5. to be afforded freedom of expression and speech.
  6. to not be asked to rely on trust in the Government to decide what we may see, view, say, or think.
  7. to be free from clandestine operations, or secret lists, governing such freedoms.
  8. to be afforded transparency of Government workings.
  9. to be offered consultation in issues impacting on human rights.
  10. to be free to oppose any action, legislation, statute, party, organisation, or group who would see any form of liberty extinguished in any form.

 

2.2 The aims and objectives of the Digital Liberty Coalition include, but are in no way restricted to: -

 

  1. Applying direct action and guerilla marketing to raise awareness of infringement of civil liberties.
  2. Encouraging the Government to appreciate that human rights extend to an individual even through a digital medium.
  3. Utilising the internet, convergent technology, and technological mediums to defend civil liberties and uphold the Universal Declaration of Human Rights and International Covenant on Civil and Political Rights.
  4. Urge the Australian Government to use an objective and rational response when applying its legislative powers in the digital world.
  5. To encourage Australian’s to seek a constitutionally afforded Bill of Rights in light of its obvious need.

 

3. LEGAL ENTITY STATUS

 

3.1 The DLC is an Non-Profit Organisation (‘NPO’) and an Incorporated Association registered as The Digital Liberty Coalition Incorporated bearing registration number 77 808 328 644 and non-profit incorporation registration number INC9890512. 

 

3.2 The device of the DLC is located on the front page of this document, this device is a common law trademark of the DLC and is copyright.

 

3.3 The DLC operates as a national organisation; however the principal address for communication is at R721, Royal Exchange, NSW 1225 Australia.

 

3.4 All DLC financial holdings are through the Commonwealth Bank, account number #10203347 BSB #2010 and are open to accountability under Sections 11, 16, 17, and 18.  Online registrations and donations are managed through PayPal and are to be transferred to the above account when a reasonable amount of funds have collected for distribution as may be required pursuant to Section 17.

 

 

 

4. EXECUTIVE & BOARD OF DIRECTORS

 

4.1 The DLC shall have an elected national executive committee who, subject to

provisions within this constitution, will be responsible for the management and

pursuance of the aims and objectives of the DLC as laid out in Section 2.

 

4.2 The committee will comprise of:

 

  1. National President
  2. National Vice President
  3. National Secretary
  4. National Treasurer
  5. National Resource Manager
  6. National Marketing & Public Relations Manager
  7. Chief Executive Officer
  8. Board directors appointed to by the executive by vote and any other office bearer that may be deemed necessary by the Executive at the AGM.

 

4.3 The DLC shall have elected state executive committees whom, subject to

provisions within this constitution, will be responsible for the management and

pursuance of the aims and objectives of the DLC as laid out in Section 2 at a state level.

 

4.4 The committee will comprise of, but is not restricted to:

 

  1. President
  2. Vice President
  3. Secretary
  4. Treasurer
  5. Resource Manager
  6. Marketing & Public Relations Manager
  7. Chief Executive Officer
  8. Board directors appointed to by the executive by vote and any other office bearer that may be deemed necessary by the Executive at the AGM.

 

4.5 Positions of named office are to be kept at a minimum to encourage genuine

interest in carrying out the objectives of this organisation rather than interest based

purely in pursuit of title.

 

4.6 Multiple positions may be filled by the same person as required.

 

4.7 The period of tenure nationally shall be four years immediately after the results of

the elections are announced at the Annual General Meeting.

 

4.8 The period of tenure at state level shall be one year immediately after the results of

the elections are announced at the Annual General Meeting.

 

4.9 All state office bearers are answerable to the National office holder and are to work integrally with them in pursuit of our objectives.

 

4.10 The Immediate National or State Past President of the DLC may serve as an ex-officio member of the Executive at their level of past service if they are so inclined.

 

4.11 The Immediate National or State Past President will have no voting power during their term as Immediate Past President and will only be permitted to attend Executive meetings if the current Executive grants such permission.

 

4.12 The duties, responsibilities and line of authority shall be outlined in the Executive (Roles & Responsibilities) Policy, which shall be made available to all members of the Executive and Board of Directors.

 

 

 

5. SUB COMMITTEES

 

5.1 The National or State Executive may create other Committees to assist Directors with their duties as is deemed necessary, including but not limited to:

 

  1. a Public Relations Sub-Committee;
  2. a Marketing Sub-Committee;
  3. a Funding and Finance Sub-Committee.

 

5.2  Appointment to such Sub-Committees shall be considered by the Executive and made upon merit.

 

 

6. MEMBERSHIP

 

6.1 Membership to the Digital Liberty Coalition is open to all persons without restriction.

 

6.2 Membership fees and entitlements will be adopted as outlined in the Digital Liberty Coalitions Membership Policy, fees and entitlements may be reviewed at Annual General Meetings or as required.

 

6.3 Membership will be in a tiered structure, whereby general members may make annual contributions for membership, others may select to provide ongoing financial support over a more immediate period.

 

6.4 Elected members who are Directors or members of the Executive shall have their membership rendered gratis for services provided.

 

6.5 Associate membership or corporate sponsorship may be offered to corporate entities.

 

6.6 Members are bound by this Constitution and the legislation and law of the Commonwealth of Australia.

 

6.7 Misconduct or actions that may be deemed to bring the Digital Liberty Coalition into disrepute may be subject to management under Section 13.

 

6.8 On adoption of this constitution current members will retain their previous entitlements.

 

 

 

7. ANNUAL GENERAL MEETING & MEETINGS

 

7.1 The Annual General Meeting of the DLC shall be held within February.

 

7.2 At least fourteen (14) working days notice of the time and place of the Annual General Meeting must be given to all members of the DLC.

 

7.3 A notice posted on the website of the DLC and the inclusion of the particulars of the meeting in an email to the DLC member’s database shall be deemed sufficient notice to all members of the DLC for an annual general meeting.

 

7.4 A notice posted on the DLC wiki, or conveyed through other means will be deemed sufficient notice for all other meetings.

 

7.5 Motions on notice shall be conveyed to the Secretary of the DLC at least seven (7) academic days before the Annual General Meeting.

 

7.6 The Secretary shall give notice of such motions by notices placed on the DLC wiki or another DLC website no less then five (5) working days before the meeting.

 

7.7 Emergent issues may be tabled as long as they receive no dissent.

 

7.8 All motions on notice shall be made available to members of the DLC on request.

 

7.9 Voting at the Annual General Meeting for the National Executive will be carried out by the National Executive including its National Board of Directors.

 

7.10 Nomination to National Executive Offices will only be open to members of the National Executive or National Board of Directors.

 

7.11 Nominees will submit their curriculum vitae no later than twenty eight (28) business days after being informed of nomination, unless they have already done so.

 

7.12 Nominees will be evaluated by the National Executive Officers and a ballot will be held.

 

7.13 The ballot will be secret in nature, and based on merit and duration of service to the DLC.

 

7.14 The nomination will be declined if two or more negative votes are cast.

 

7.15 A person may nominate themselves under the proviso they fill the criteria required to do so.

 

7.16 Nomination to the National Board of Directors will be carried out by the State Executive Officers and is only open to National or State Executive Officers, or National or State Board of Directors members.

 

7.17 Nominees will submit their curriculum vitae no later than twenty eight (28) business days after being informed of nomination, unless they have already done so.

 

7.18 Nominees will be evaluated by the National Executive Officers and a ballot will be held.

 

7.19 The ballot will be secret in nature, and based on merit and duration of service to the DLC.

 

7.20 The nomination will be declined if two or more negative votes are cast.

 

7.21 A person may nominate themselves under the proviso they fill the criteria required to do so.

 

7.22 Nomination to State Executive Offices will only be open to members of the National or State Executive or State Board of Directors of the state in question.

 

7.23 Nominees will submit their curriculum vitae no later than twenty eight (28) business days after being informed of nomination, unless they have already done so.

 

7.24 Nominees will be evaluated by the National Executive Officers and a ballot will be held.

 

7.25 The ballot will be secret in nature, and based on merit and duration of service to the DLC.

 

7.26 The nomination will be declined if two or more negative votes are cast.

 

7.27 A person may nominate themselves under the proviso they fill the criteria required to do so.

 

7.28 Nomination to State Board of Directors will only be open to members of the DLC nominated by a pre existing office bearer or director.

 

7.29 Nominees will submit their curriculum vitae no later than twenty eight (28) business days after being informed of nomination, unless they have already done so.

 

7.30 Nominees will be evaluated by the State Executive Officers and a ballot will be held.

 

7.31 The ballot will be secret in nature, and based on merit and duration of service to the DLC.

 

7.32 The nomination will be declined if two or more negative votes are cast.

 

7.33 The purpose of this type of nomination and voting is to prevent the possibility of stacking, and to minimise any eventuality of corruption within the DLC and in doing so ensuring it's integrity and ability to fulfill it's aims and objectives in a manner of true form to the purpose of it's initial constitution and thus shall be adhered to.

 

7.34 For all decisions of a business nature, a two third majority positive vote shall be required for a positive decision to be met.

 

7.35 The Chief Executive Officer at both national and state levels retains veto power over voted decisions from the Board of Directors at their level if they find the decision does not follow in compliance with Section 2 of this Constitution.

 

7.36 The Executive at National and State levels retains veto power over voted decisions by their respective Board of Directors and CEO if they find the decision does not follow in compliance with Section 2 of this Constitution.

 

 

8. CORPORATE IDENTITY

 

8.1 The corporate identity of the Digital Liberty Coalition shall be governed by the Corporate Identity Policy. 

 

8.2 The uniformity of communication, logos, printed materials, et cetera should abide by this to retain positive relations with the public and facilitate the aims and objectives of the DLC as outlined in S2.

 

 

 

9. RECORDS AND REPORTS

 

9.1 All records and reporting are the responsibility of the executive of each state.  Each state should also keep the national executive advised as often as practicable.

 

9.2 All record keeping shall be maintained within the requirements of the Australian Tax Office and relevant legislation.

 

9.3 All official reports must be signed off by both the treasurer and president at state and national level as relevant.

 

 

 

10. INTELLECTUAL PROPERTY & MORAL RIGHTS

 

10.1 All materials submitted on DLC forums or communication mediums become the property of the DLC.  Removal will only be granted in exceptional circumstances or as authorised by law.

 

10.2 All other handling of intellectual property and moral rights of works will be governed by the various acts in place for the handling of patents, trademarks, designs, copyrights, et cetera.

 

10.3 Any identifiable features of such works will be bound by S12 of this Constitution.

 

11. DISCLOSURE OF INFORMATION

 

11.1 Disclosure of information will be bound by S9 & 12 or as is authorised by law.

 

 

 

12. PRIVACY & PERSONAL INFORMATION

 

12.1 The DLC will only use your personal information for the purposes for which you give it to us and for related, internal management purposes.  Information about you will not be given to other government agencies, organisations or anyone else unless one of the following applies:

 

  1. you have consented
  2. you'd expect us to or we have told you we will
  3. it is required or authorised by law
  4. it will prevent or lessen a serious and imminent threat to somebody's life or health or
  5. the disclosure is reasonably necessary for law enforcement or for the protection of public revenue.

 

12.2 We analyse non-identifiable website traffic data to improve our services. More information.

 

 

 

13. DISPUTE RESOLUTION

 

13.1 All disputes arising under this constitution or within the organisation will be dealt with as follows:

 

  1. the Party claiming that there is a dispute will give the other Party a notice setting out the nature of the dispute;
  2. the Parties will nominate their representatives to each other within 2 Business Days, and in default of specific nomination will be represented by the officers mentioned in S4(2) or s4(4) whichever is most appropriate.
  3. the representatives will co-operate and try in good faith to settle the dispute by direct negotiation between them within a further 2 Business Days;
  4. failing settlement within that period, the Parties will be represented by a Secretary of office for the complainant or other officer nominated by notice and in the respondents case by the State or National Chief Executive Officer (however described) or other person nominated by notice who must confer within a further 2 business days;
  5. failing settlement within that period, the Parties must refer the dispute to an independent third person with power either:

 

(a) to intervene and direct some form of resolution in which case the Parties will be bound by that resolution; or

 

(b) to mediate and recommend some form of non-binding resolution;

 

  1. the Parties will cooperate fully with any process instigated;
  2. if a resolution is not reached within a further 20 Business Days of referring the dispute to an independent third person, either party may commence tribunal proceedings.

 

13.2 If adjudication by a Vice-President or President is nominated by either Parties representatives, or by an office bearer, a tribunal will immediately be held.

 

13.3 A tribunal will consist of, depending on State or National level, no less than the President, Vice President, and Secretary of that level.  Both parties will present written summaries and all materials cited in 13.1 will be provided and a binding agreement will be sought and delivered by the tribunal in this regards.

 

 

 

14. TERMINATION

 

14.1 Termination of this Constitution may only occur with a one hundred percent (100%) vote by the National Executive body and agreement at election to proceed by the Board of Directors and State Presidents without dissent.

 

14.2 On termination the organisation will be considered dissolved, all outstanding debts and assets will be dealt with under S16, and S18.

 

14.3 Termination and re-constitution may be afforded in extreme circumstances, as is outlined in S14(1) such an application must be tabled with import in mentioning that the purpose shall be to re-constitute.

 

 

 

15. COMPLIANCE WITH LAWS

 

15.1 Executives, Directors and member alike, in carrying out their obligations under this Constitution, comply with all relevant legislation and Government requirements, including those notified in Schedules and Ammendments.

 

15.2 All financial matters must be carried out within the confines of the appropriate legislations, including maintenance of registered status as a NPO, as further outlined in S9, S16, and S18.

 

15.3 The organisation is bound by S10, and S11 in addition to the Copyright Act 1968 (Cth), and the Privacy Act 1988 (Cth) respectively.

 

15.4 Any suspected breach of compliance with laws shall be dealt with immediately under Section 13.

 

 

 

16. FUNDING AND PAYMENT

 

16.1 Funding will be sought up to the maximum estimated requirement on a reimbursement basis to cover costs directly attributable to any purchase or action carried out, speculative or otherwise,  in pursuit of objectives as outlined in Section 2 of this Constitution.

 

16.2 Where funding or payment is involved the Digital Liberty Coalition’s current status relating to non-profit entity status should be noted.

 

16.3 Where funding or payment is involved our non-profit incorporation registration number as found in Section 3 (1) should be cited.

 

16.4 All funding sought and payments made shall be conducted through the nominated PayPal account or bank account as noted in Section 3 (4)

 

 

 

17. MANGEMENT OF FUNDING

 

17.1 Funding should only be used in accordance with Section 2.

 

17.2 The primary funding and payment of reimbursements shall be managed, preferably, by a Sub-Committee appointed to the task of ensuring that all requirements within the Constitution and by law are fulfilled.

 

17.3 All final approvals must be sought through the State Treasurer by the Sub-Committee.

 

17.4 All State Treasurers will ensure that the National Treasurer is informed of and provided with documentation illustrating incomings and outgoings, and requisite assurances that appropriate taxes as may be required by law are set aside.

 

17.5 The National Treasurer, or an agent thereof, shall ensure that all funding and payments as outlined in this section are also compliant with Section 18.

 

17.6 Funding will be paid as follows:

 

    1. Funding will be payable to cover costs of reasonable purchases for the purposes of Section 2 where funds are available for reimbursement.
    2. For outgoings, itemised invoices or receipts together with a tax invoice should be provided.
    3. For other amounts, a statutory declaration verifying that the claim is true and that the work or expense was incurred should be provided. The statutory declaration should have attached to it a statement showing the basis of calculation, with time sheets, project costings or other substantiating material;
    4. The appointed Sub-Committee or Treasurer will be asked to certify that the expenses claimed against are reasonably required and that funds for reimbursement are available, and may in its discretion summarily approve reimbursement.

 

17.6 The National Treasurer may seek to draw up further policy, which may be directly inserted, rather than amended, to Section 17 of this Constitution with approval of the National Executive when the need arises.

 

 

 

18. TAXES, DUTIES & GOVERNMENT CHARGES

 

18.1 Subject to this Section, all taxes, duties and government charges imposed or levied in Australia or overseas in connection with the DLC must be dealt with according to the law.

 

18.2 The provisions of this Section in respect of GST apply if a reimbursed party is not an individual and is registered or are required to be registered for GST.

 

18.3 The Digital Liberty  Coalition are registered in accordance with the GST Act and will notify You of any change in Our GST registration status.

 

18.4 The Funds paid by the Digital Liberty Coalition under Section 17 should include GST for supplies provided in accordance with the GST Act.

 

18.5 The Sub-Committee or Treasurer relevant to any transfer must receieve a tax invoice in accordance with the GST Act in relation to any Taxable Supply in connection with the Digital Liberty Coalition prior to payment of Funds.

 

18.6 Any Funding payable under Section 17 must not include any amount which represents GST paid by for on ones own inputs and for which an input tax credit is available.

 

18.7 If a payment to satisfy a claim or a right to claim under or in connection with Sections 16 or 17 (for example, a claim for damages for breach of agreement) gives rise to a liability to pay GST, the payer must also pay, and indemnify the payee against, the amount of that GST (except any GST for which that payee is entitled to an input tax credit).

 

18.8 If a Party has a claim under or in connection with this Deed for a cost on which that Party must pay GST, the claim is for the cost plus all GST on that cost (except any GST for which that Party is entitled to an input tax credit).

 

18.9 Any refund must be inclusive of GST and must be accompanied by an Adjustment Note under the GST Act relating to Taxable Supplies for which we hold a tax invoice.

 

18.10 It should be noted, generally:

 

  1. Funding received may be included in Your assessable income if it is received in relation to the carrying on of a business, unless the individual is specifically exempt from income tax;
  2. any capital gain on disposal of an Asset must be included in assessable income, unless  specifically exempt from income tax;
  3. It may be required, in respect of an employee, to pay fringe benefits tax and make superannuation contributions to a complying superannuation fund or pay the superannuation guarantee charge to the Australian Taxation Office.

 

 

 

19. ASSET MANAGEMENT

 

19.1 Management of Assets shall be dealt with by a financial Sub-Committee or Treasurer of the respective level, be it State or National, at their sole discretion.

 

19.2 The objectives and constituted outlines of this Constitution should be taken into regards when evaluating all management of assets.

 

 

 

20. DEFINITIONS

 

At present definitions are available online only.

 

 

 

21. APPENDIX

 

21.1 For all appendices please refer to the Constitution’s appendix policies.