Ombudsman correspondence



Thank you for the feedback on my submission. I’ve prepared an online communication thread and I must point out that this matter is current and ongoing. SEE https://robynarcherreport7250.blogspot.com/

You raise the issue of the relevance of my submission to the ‘public interest’ given that I am not a public servant. Given that:

  1. The documentation being sought is to do with, reportedly, Launceston’s and by extension, the Tamar/Esk region’s ‘cultural manifestations’, I have a legitimate interest in what the report and its brief might have to say given its potential consequences.  Also, given, that the ‘assessment’ must by definition touch everyone in the region’s ‘cultural identity’ in some way or another the exercise is non-trivial and potentially contentious – thus bringing the public interest into play;

  1. The documentation, apparently, is to do with auditing and assessing the city’s/region’s ‘cultural realities’ and it has apparently ‘informed’ a subsequent consultancy with the two consultancies speculatively costing City of Launceston (CoL) in excess of $100K plus towards putting in place a “cultural strategy” a process that is currently being implemented albeit that the research for it is unfinished/ongoing at ratepayer’s expense – thus bringing the public interest into play;

  1. The documentation, to some extent focuses upon the ‘Queen Victoria Museum & Art Gallery (QVMAG)’ as a cultural institution funded by the CoL, the State Govt. and a great many donors and sponsors who have ‘entrusted’ cultural property and funding to the operation with security and cultural implications – thus bringing the public interest into play;

  1. The QVMAG alone relies upon a ‘notional conscripted levy’, and State Govt. line item funding, paid via ratepayer’s and taxpayers to cover recurrent costs – the numbers being in the order of $4Million from ratepayers for QVMAG alone. In many instances, close to, or over, 10% of an individual rate demand is directly attributable to the QVMAG and there is additional ‘Council cultural expenditure’salaries, maintenance, grants, etc. – that takes ‘cultural expenditure’ to somewhere between 10% and 20% of CoL rate demands – thus bringing the public interest into play;

  1. By any measure, item 4 demonstrates that CoL ratepayers and Tasmanian taxpayers carry an unusual/significant ‘cultural funding burden’ relevant to Ms Archer’s ‘investigations’ taking the subsequent ongoing study into account as well – thus bringing the public interest into play;

  1. Given the above, in the context of ‘cultural tourism’, cultural strategies, their veracity, informed cultural discourses and the ‘trickle down impacts’ of these things have tangible and intangible economic and cultural impacts all of which is non-trivial – thus bringing the public interest into play;

  1. Given that ‘City Deal’ negotiations with the Australian Govt. and between Infrastructure Australia and CoL has a ‘cultural strategy’ embedded within them and the consequent ongoing infrastructure maintenance costs will have upon the cost and scope of ‘service provision’ in the city/region is non-trivial – thus bringing the public interest into play;

  1. Given that Tasmanians and others – sponsors and donors – have over a very long time, have in excess of $230Million invested in the QVMAG’s collections, and have entrusted the security of, and access to, ‘the collections’ to CoL, and who has not seen fit to put an ‘expert governance mechanism’ in place, how and by whom this ‘resource’ is governed and managed is non-trivial – thus bringing the public interest into play;

  1. Given that the General Manager under SECTION 65 of the Local Govt. Act 1993 is required to guarantee the veracity/appropriateness of the ‘expert advice’ Council makes determinations upon, public access to that advice, in order to challenge and/or support a ‘deemed position’, and in the context of a transparent and accountable discourse this brings the ‘public interest’ into play.

  1. Given that a General Manager under the provisions SECTION 62 of the Local Govt. Act 1993 has sweeping powers to deem information to be ‘confidential’, and he/she does so for the slightest administrative purpose, essentially to isolate and insulate ‘the public’ from ‘internal bureaucratic stratagems’, it runs counter to transparency and accountability in civic administration – thus bringing the public interest into play.

  1. When an appointed ‘Council Officer’ holds herself/himself as being only accountable to herself/himself, and the matter involves ‘cultural identity’ relative to ‘public administration’, clearly for all the reasons set out above, the matter needs to be determined in the context of ‘the public’s legitimate interest’.

I have a long-standing research interest in the QVMAG and ‘the place’s’ as yet untapped potential in the context of ‘community cultural development’, cultural tourism and more still. Moreover, as a ratepayer, cultural producer and researcher, the city/region is now my home of 30 plus years – it is also my ‘laboratory’. Moreover, I have a built a career as a cultural producer/researcher over quite a long time thus I find the proposition that I might need to be a “public servant” a sanctioned bureaucrat – in order to even investigate a council’s operation somewhat offensive.

I may also be described as ‘an old person’ by a Councillor, with the intended implication being that I have an excess of time to pursue matters such as this – albeit that the insult was in reference to another matter – which I’m sure you might begin to understand the prejudiced context within which I pursue this matter and thus far so unsuccessfully.

I look forward to your response.

Yours faithfully,

Ray Norman

Ray Norman
<zingHOUSEunlimited>
The lifestyle design enterprise and research network
PH: 03-6334 2176
40 Delamere Crescent Trevallyn TAS. 7250
WEBsites:

“A body of men holding themselves accountable to nobody ought not to be trusted by anybody.” Thomas Paine

“The standard you walk past is the standard you accept” David Morrison
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From: "Ombudsman (OHCC)" <Ombudsman@ombudsman.tas.gov.au>
Date: Friday, 8 March 2019 at 1:49 pm
To: "raynorman7250@bigpond.com" <raynorman7250@bigpond.com>
Subject: Ombudsman Complaint 1903-049


Dear Mr Norman

We are in receipt of your online complaint form which you described as a public interest disclosure but appears to be about an application for assessed disclosure under the Right to Information Act 2009 (RTI).  It is unlikely that you are making a public interest disclosure, unless you are an employee of council or a state servant, but you do refer to an email concerning a request for information in August 2018.  There are specific time limits on requests for review under the RTI legislation so it may well be that you are out of time.

Could you please clarify what exactly it is you wish to complain about – is it that the Council will not give you a copy of the report?  Could you supply previous correspondence between Council and you?  You can send those documents via email in reply to this message.  We need more information so that we can properly assess what, if any, action we can take in relation to your complaint.

I look forward to hearing from you.

Yours sincerely

Clare Hopkins
Principal Officer  – Ombudsman Tasmania
p (03) 6166 4566
Level 6 NAB House, 86 Collins St, Hobart, TAS 7000 | GPO Box 960 Hobart TAS 7001



Dear Mr Norman

 
I refer to your complaint and my email below.  Could you please provide the additional information/clarification by Friday 15 March 2019 please?  If I do not hear from you, I will assume that you do not wish to proceed.
 
Yours sincerely
 
 
Clare Hopkins
Principal Officer  – Ombudsman Tasmania
p (03) 6166 4566
Level 6 NAB House, 86 Collins St, Hobart, TAS 7000 | GPO Box 960 Hobart TAS 7001
  
 
From: "Ombudsman (OHCC)" <Ombudsman@ombudsman.tas.gov.au>
Date: Friday, 8 March 2019 at 1:49 pm
To: "raynorman7250@bigpond.com" <raynorman7250@bigpond.com>
Subject: Ombudsman Complaint 1903-049

Dear Mr Norman

We are in receipt of your online complaint form which you described as a public interest disclosure but appears to be about an application for assessed disclosure under the Right to Information Act 2009 (RTI).  It is unlikely that you are making a public interest disclosure, unless you are an employee of council or a state servant, but you do refer to an email concerning a request for information in August 2018.  There are specific time limits on requests for review under the RTI legislation so it may well be that you are out of time.

Could you please clarify what exactly it is you wish to complain about – is it that the Council will not give you a copy of the report?  Could you supply previous correspondence between Council and you?  You can send those documents via email in reply to this message.  We need more information so that we can properly assess what, if any, action we can take in relation to your complaint.

I look forward to hearing from you.

Yours sincerely

Clare Hopkins
Principal Officer  – Ombudsman Tasmania
p (03) 6166 4566
Level 6 NAB House, 86 Collins St, Hobart, TAS 7000 | GPO Box 960 Hobart TAS 





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