QUESTION 1: Aldermens Trustee/Governance Role

Question 1: Have you as aldermen in your roles as community representatives and the 'default trustees' tested the advice that has apparently been provided to you by the General Manager under the provisions of Section 65 of the Local Govt Act? 

Response: A trust is a particular type of legal entity. Section 19(1) of the Local Government Act 1993 (the Act) states: "A council is a body corporate …" The advice by the former General Manager is due to this significant legal distinction. Mr Norman appears to not appreciate this by inferring the role of a trustee is the same as an 'elected person' under the Act. Aldermen receive advice and attend training commencing with the induction process following their election on their role and provisions of the Act. . 

MY RESPONSE: The advice being offered here is not framed within the spirit of the question and moreover the response is condescending and more to the point it seems to circumvent the issues relevant to the questions being asked.

• Firstly, I do appreciate the distinction between aldermen’s role and function as 'elected representatives' and the role and function of a ‘trustee’. It is just the case that the two roles come together in Launceston as the aldermen are the QVMAG’s governing body responsible for the determination of policy and strategies – thus the QVMAG’s ‘default trustees’. Clearly this role falls to them as a consequence of their being elected as aldermen. It is just the case that the QVMAG stewardship cum trusteeship role falls to aldermen by default even if it may appear anomalous and/or somewhat ambiguous. The answer provided here sets out to exploit the ambiguity and the anomoly. 

•  Secondly, n the evidence, the ambiguity has been compounded by the past General Manager’s interpretation of an aldermen’s role and the GM's role as being indistinct. Given that there is no ambiguity nor argument that aldermen have the ultimate policy determination and strategy authority aldermen function as the QVMAG's 'trustees'. 

• Thirdly, arguably the QVMAG’s collections are held in ‘trust’ on behalf of ratepayers, taxpayers, sponsors and donors. Thus their role is arguably one of both ‘trusteeship and governance’.

• Fourthly, the answer provided here, arguably, misconstrues the notion of ‘trust and trusteeship’ and the obligations to the collections constituencies in Launceston, Tasmania and elsewhere. Moreover, it downplays all that has been and is being invested in the collections and the in the institution over time. Currently, ratepayers are collectively, and  compulsorily, investing something in the order of $4million annually. This is non-trivial.