[blml] Disclosure (was Psyches & deviations) [SEC=UNOFFICIAL]

[richard.hills at immi.gov.au]

Steve Willner:

[snip]

>The problem is what constitutes an "understanding" or "agreement" for
>purposes of regulation.  Ed gives the example of 1NT with a 5cM.  Can
>a requirement to use indentical "system" or "methods" under L40E
>mandate that partners adopt the same criteria?  What about 1NT with a
>singleton?  What about 1C versus 1D when 4=5 in the minors?  No doubt
>all these have to be disclosed,

[snip]

Richard Hills:

In my opinion, it is only the meaning of calls and plays which are
partnership understandings that need to be disclosed.  The intended
meaning of a call or play which is not a partnership understanding
need not be disclosed.

If Steve is suggesting that there are some calls and plays which are
not part of the agreed partnership understandings, but nevertheless
must still be disclosed, then I disagree.

Perhaps, however, I have misunderstood what Steve is getting at.  It
may be that Steve is referring to second half of Law 40E1:

".....including a requirement that both members of a partnership
employ the same system (such a regulation must not restrict style and
judgement, only method)."

The problem with this Law is that it uses undefined terms such as the
word "style" (and this word is not used anywhere else in the Lawbook),
the word "system" (likewise) and the word "judgement" (and the only
duplicate of "judgement" is in Law 69B, where it is used in the
different context of the director making a ruling).

Are "style" and "system" both partnership understandings?

Best wishes

Richard James Hills, mentor
Divisional Executive Officer unit
People Services, Values & Training Division
(02) 6225 6285

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