Right To Information Submission

      

  TITLE: Mr.   GIVEN NAMES: Raymond John

                               SURNAME:   Norman

        ADDRESS: 40 Delamere Crescent Trevallyn Tasmania 7250

        

        POSTAL ADDRESS: As Above

        PHONE: 61-03-6334 2176 (Home & Business) MOBILE:  N/A 

        IDENTITY INFORMATION: http://www.raynorman7250.blogspot.com.au/ 

        

        eMAIL ADDESS: raynorman7250@bigpond.com

GENERAL TOPIC OF INFORMATION APPLIED FOR

• DA 0331/2015 Launceston Aquatic Security Fence, 18A High St. Launceston (all parts of the Planning Application)
• Any and all correspondence, file notes, records of meetings and the like leading up to the appointment of Ashley Brooke to assess DA 0331/2015 and the days following until the date of the council meeting (12 October 2015).
• Confirmation of the fact that the City of Launceston retains the services of a consultancy “Sport and Leisure (?)” and a Mr. J Corbett specifically relative to Launceston Aquatic’s operation;
• A copy of the consultant’s brief relative to that consultancy;
• Confirmation of the date of the consultant’s appointment;
• The anticipated, and an all inclusive, cost to Council, and thus Launceston ratepayers, in regard to this consultancy;
• The anticipated date when the consultant’s advice will be made available to Council and the public – interim and final; and
• Confirmation or otherwise that the General Manager has been granted Delegated Authority in respect to policy determination for the QVMAG.

PLEASE DESCRIBE WHAT EFFORTS YOU HAVE TAKEN PRIOR TO THIS APPLICATION TO OBTAIN THE INFORMATION YOU ARE REQUESTING

I have made a considerable effort gain the information requested and set out above and over a considerable amount of time. 

In summary I have:

• Written to the Mayor on several occasions only to receive assurances that Council was operating in accordance with the Local Govt. Act but nonetheless not providing any information of substance, all of which should be on the public record and available to ratepayers in accord with the City of Launceston's Organisational Values.
• I have written to the General Manager and received the same/similar response to that provided by the Mayor. Furthermore, he informed me that " These are operational matters which will be implemented by the General Manager utilising the powers and authorities which you should be well aware of. It is and will not be my intention to be engaging in any ongoing commentary."
• I telephoned John Davis – Manager Corporate Strategy, City of Launceston – seeking advice as to how I might gain the information sought. Mr. Davis undertook the task of gaining the information via his office but has not been able to satisfy my request.

My efforts to gain this information has been utterly unsuccessful which is both concerning and disturbing given that the information should be on the public record and readily available. Given the City of Launceston's commitment to its constituency, it is all the more concerning that council's operations appear so opaque and inaccessible. 

Moreover, in so much as the commitments articulated in the city's Organisational Values – http://www.launceston.tas.gov.au/lcc/index.php?c=69  – appear to be regarded as being discretionary values rather than operational values, this too is concerning. Furthermore these commitments simply underscore SECT 20 of the Local Government Act 1993. 

NB: On online file of correspondence relevant to this matter 

can be found at this URL http://rn6334217640.blogspot.com.au/

APPLICATION FOR THE WAIVER OF THE FEE

• Member of Parliament               Not Applicable

• Impecunious Applicant              Declared/deemed on advice

• Applicant intends to use the information for a purpose that is of general public interest or benefit                                         I make this application as demonstration of the public's                                                          right to access information relative to the operation of                                                             Council and ratepayer's conscripted contributions.

DETAILS OF THE INFORMATION SOUGHT

1.   DA 0331/2015 Launceston Aquatic Security Fence, 18A High St. Launceston (all parts of the Planning Application)

The information sought here is self explanatory and information that should be on the public record given that it need to be prepared to support an agenda item for an ordinary open City of Launceston Council meeting. Notwithstanding the fact that General Manager apparently withdrew the application, the original information in support of a planned development using public funds, ratepayer funds, is of interest to the public. This is particularly so if the application is to be modified and pursued at another time in another guise. Essentially, this request seeks to give substance to Councils accountability to ratepayer and the general public. 

2.   Any and all correspondence, file notes, records of meetings and the like leading up to the appointment of Ashley Brooke to assess DA 0331/2015 and the days following until the date of the council meeting (12 October 2015).

This information will provide a perspective on the information sought above. On the face of it there will be no information here that will be "commercial in confidence" and consequently it should be on the public record given that it is public money that is/was proposed to be expended on the provision of a public facility. 

In the end it is a matter of accountability and no justification has been provided to substantiate the withholding of this material.

3.   Confirmation of the fact that the City of Launceston retains the services of a consultancy “Sport and Leisure (?)” and a Mr. J Corbett specifically relative to Launceston Aquatic’s operation;

        •   A copy of the consultant’s brief relative to that consultancy;

         •   Confirmation of the date of the consultant’s appointment;

         •   The anticipated, and an all inclusive, cost to Council, and thus Launceston ratepayers

              in regard to this consultancy;

        •    The anticipated date when the consultant’s advice will be made available to Council                      and the public – interim and final; 

Anecdotally it has been brought to my attention that such an appointment has been made and given the potential/likely cost to ratepayers it is appropriate that the information be made known publicly if indeed the appointment has been made. With 'the facts' at hand ratepayers will be able to make informed, and evidence based, representations to Aldermen if there are serious grounds for concern. 

Likewise, if there is a credible explanation for the consultancy this information is in the public interest given that Launceston Aquatic operates with a considerable subsidy being provided by Launceston ratepayers for facilities provided for ratepayer and regional benefit.

Essentially the information being sought is in the cause of accountability as it is in the public interest that it be available to enable ratepayers to make representations to their representatives, the aldermen, relative to any expenditure and the effectiveness of any cost benefits attributed to it.

4.   Confirmation or otherwise that the General Manager has been granted Delegated Authority in respect to policy determination for the QVMAG.

Specifically I am seeking this information relative to a Council determination at its Ordinary Meeting dated August 24 2015 for Agenda Item 11.3 and the resolution to unanimously adopt all the recommendations of the QVMAG Review Committee.

The Committee's recommendations are relatively silent on the strategies and methodologies regarding the implementation the recommendations. Under the provisions of the Local Government Act 1993 - SECT 62 the General Manager's duties – in particular Item 1 (a) to implement the policies, plans and programs of the council and Item 1 (b) to implement the decisions of the council – are set out. Nonetheless, the General Manager is granted the authority "do anything necessary or convenient to perform his or her functions under this or any other Act." 

Thus there is ambiguity and a lack of clarity in regard to how and when the recommendations will implemented. Moreover, I've been unable any record of any formal delegation in regard to this matter.

Furthermore, the Local Government Act 1993 - SECT 20 sets out Council's functions and powers, Item 1 being, "in addition to any functions of a council in this or any other Act, a council has the following functions: Item (a) to provide for the health, safety and welfare of the community; Item (b) to represent and promote the interests of the community; Item (c) to provide for the peace, order and good government of the municipal area". Furthermore, Item 2 goes on to say" In performing its functions, a council is to consult, involve and be accountable to the community".

In regard to this matter SECTION 2O Item 2 does not appear to have been satisfied.

The assertion that "these are operational matters which will be implemented by the General Manager utilising the powers and authorities which [I] should be well aware of" does not satisfy or resolve my request for information. It is especially so given that it seems that the General Manager appears to be operating under some delegated authority, or alternatively, the Council has allowed the authority in this instance, and/or in other instances, to be assumed/presumed rather formally delegated or assigned.