og do not collapse required audience on create new content

Thanks very much for the amazing module that og is.

I appreciate how complex the audience fieldset visibility is.
This is not a new problem and is still present in og-6.x-2.x-dev.

In case where audience is required and user is member of more than one group.
When creating new content the Groups audience fieldset is collapsed.
If user does not see this and saves the post they are warned that Audience is required and the fieldset is shown not collapsed. So it is handled gracefully.

When post is subsequently edited the audience fieldset is shown not collapsed.

It would be good if the audience fieldset is also not collapsed when new content is being created to save the user going through the warning if they don't see to select an audience.

Looking at the code in og.module around line 1920 shows:

  if (module_exists('content')) {
    $form['og_nodeapi']['#type'] = 'fieldset';
    $form['og_nodeapi']['#title'] = t('Groups');
    $form['og_nodeapi']['#group'] = 'additional_settings';
    $form['og_nodeapi']['#collapsible'] = TRUE;
    $form['og_nodeapi']['#collapsed'] = empty($groups);
    $form['og_nodeapi']['#weight'] = content_extra_field_weight($form['#node']->type, 'og_nodeapi');

There is a lot of complex logic that precedes this but I it looks like the line with empty($groups) suggests that if no group has yet been selected the fieldset will be collapsed. I am wondering where it would be best to add "OR audience is required" to display the fieldset for new content.

Thanks.