QVMAG Governance 2017: Question 3: Trusteeship & SECTIONS 62 & 65 Local Govt. Act 1993

Tuesday, 17 October 2017

Question 3: Trusteeship & SECTIONS 62 & 65 Local Govt. Act 1993

Question 3: Have you as Aldermen in your 'trusteeship' roles been given direct access to the advice the General Manager apparently relies upon under SECTIONS 65 & 62 of the Local Govt. Act?

Response: A response is provided under Questions 1 and 2 .

MY RESPONSE: ACUALLY, the question was about “independent advice” and by extension about advice other than the General Managers. It’s also about “direct access” to the source of the General Manager’s advice given that she/he will demonstrably lacks expertise relative to various knowledge bases and skill sets – here museology, social and cultural histories, the various sciences, current art theory etc. etc.

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CONTEXT

COUNCIL AGENDA Monday 16 October 2017

Item7.1.3 Public Questions on Notice - Mr Ray Norman - 2 October 2017 FILE NO: SF6381

GENERAL MANAGER: Michael Tidey (Acting General Manager)

QUESTIONS and RESPONSES: The following questions were submitted in writing by Mr Ray Norman on 2 October 2017 and responses have been provided by the Acting General Manager Michael Tidey (italics).... [CLICK HERE FOR RECORD ]

BACKGROUND

What’s being put at risk here?

• Firstly, there is the $4Million annually that Council levies ratepayers, indeed conscripts from ratepayers, that enables the QVMAG to operate.

• Secondly, there is the issue of adequate access to the Inveresk site by either constituents or the city’s visitors & the viability of the institution as a cultural tourism destination.

• Thirdly, there is the issue of cultural tourism and its trivialisation in respect to the city’s economy going forward and ratepayer’s income , social and cultural opportunities along with all that.

• Fourthly, there is $240Million plus invested in the QVMAG collections that are being held in trust as a component of the ‘national estate’.

And, then there are the flow on consequences of all these things that are as yet unforeseen but are nonetheless inevitable.

Concerningly, before he left his post, the now resigned Launceston GM, Robert Dobrzynski, stated his position relevant to Council determining that that the QVMAG should have a stand-alone board of governance/management/trusteeship.

He wrote to me saying “ The matter of appointment of Trustees to manage the QVMAG could only occur if the Council transferred all its QVMAG assets to such trustees. Failing this occurring, all QVMAG assets fall under the authority of the General Manager. Any motions of Council that contradict this position are unenforceable. These matters have been confirmed by senior legal advice some time ago.”

Not only is this “advice”, and only advice, it is contestable and the aldermen/trustees could have, indeed should have, tested the advice to ensure its credibility in regard to their purpose in making the policy determination given its strategic significance and all that the QVMAG's Community of Ownership & Interest (including stakeholders) have invested in the QVMAG as an institution.

ENDNOTE: The role of 'trustees' is not to "manage" an institution such as QVMAG, rather it is to 'govern' the institution. That is to determine policies and strategies leaving 'management' to implement those policies, and employ those strategies, determined by the 'trustees' on behalf of the ownership – Community of Ownership & Interest.

[XO] • [YO]

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Tuesday, 17 October 2017

Question 3: Trusteeship & SECTIONS 62 & 65 Local Govt. Act 1993

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