Message
From: John Davis <John.Davis@launceston.tas.gov.au>
Date: Fri, 23 Oct 2015 05:22:24 +0000
To: Ray Norman 7250 <raynorman7250@bigpond.com>
Subject: RE: The provision of information relative to CoL operations
Good afternoon Ray
You are not required to fill in the Right to Information form on our website, but do need to satisfy the statutory requirements to submit your request. Following the format of the form would be sufficient. However, should you be applying to waive the statutory fee you will be required to submit your application in person as explained below.
A pensioner status is not sufficient grounds for the waiving of the statutory $37.00 fee. Section 16(2)(a) of the Right to Information Act 2009 states that 'The application fee may be waived if the applicant is impecunious'. The Ombudsman clarified the meaning of this in his Guideline on 21 April 2012: 'A person is “impecunious” if they do not have sufficient money to pay the application fee.' You would need to advise us that you are unable to pay the application fee.
Our process for verifying pensioner status would be for you to bring in your pensioner card which would be sighted and copied by a Customer Service Officer and attached to your application.
Your requests can be included in one application.
In reference to Item 8, this was the advice provided to me by the General Manager. As you have previously raised this matter with the General Manager and he has responded, I have nothing further to add to my previous response.
Regards
John
John Davis I Manager Corporate Strategy I City of Launceston
T 03 6323 3314 I www.launceston.tas.gov.au <http://www.launceston.tas.gov.au/>
From: Ray Norman 7250 [mailto:raynorman7250@bigpond.com]
Sent: Thursday, 22 October 2015 8:03 PM
To: John Davis
Subject: Re: The provision of information relative to CoL operations
Good evening John,
Thank you for your prompt response to my requests. In regard to the RTI Form it is as I recall; only available online; or apparently at the Town Hall reception desk; and in a format that requires that I use a typewriter to fill it in – or do so in my handwriting. As I do not own a typewriter, and in the interests of clarity, I’m assuming that it would be appropriate, and acceptable, to digitally reconstruct the form to enable me to complete it on my computer.
Also, since I am a pensioner I am assuming that the $37.00 fee would be waived in this instance. If so what verification do you require to establish my pensioner status. If not, why am I required to pay this fee and would it apply for each specific request?
In the past I have provided a digital scan of my current pension card. Would that satisfy your administrative need to establish my pensioner bona fides?
In regard to ITEM 8, Are you in fact telling me that the General Manager is operating under Section 62 of Tasmania’s Local Govt. Act? I am aware of this provision of the Act but I have not arrived at a conclusion that it applies by inference and automatically. Nonetheless, is Section 62 presumed/assumed in this case as I do not believe that Council specifically, or formally, made such a determination?
Maybe Council did make such an instruction, and if so, can you direct me to the minuted record? If it hasn’t been minuted, is there any guidance anywhere to justify what may be the presumably automatic assumption that it is the case? Given that we are dealing with policy determination here I would appreciate your guidance here.
Finally, am I required to provide a completed form for each separate item of information requested? I look forward to your advice in order that I may proceed with the preparation of the information required.
Regards,
Ray
Ray Norman <zingHOUSEunlimited> PH: 03-6334 2176
EMAIL 1: raynorman7250@bigpond.com 40 Delamere Crescent Trevallyn TAS. 7250
WEBsite: http://www.raynorman7250.blogspot.com
NOTE: WE HAVE CHANGED OUR EMAIL ADDRESS
IT’S NOW raynorman7250@bigpond.com
CLICK HERE: http://www.launceston.tas.gov.au/lcc/index.php?c=69
On 22/10/2015 4:45 pm, "John Davis" <John.Davis@launceston.tas.gov.au> wrote:
Good afternoon Ray
I have looked at your request. The majority of the items will need to be assessed under the Right to Information Act 2009. The application form for a Right to Information request can be found on our Website at http://www.launceston.tas.gov.au/upfiles/lcc/cont/_council/legislation/right_to_information/17fmx016_rti_application_for_assessed_disclosure_2014.pdf
For item 1: DA 0331/2015 Launceston Aquatic Security Fence, 18A High St. Launceston (all parts of the Planning Application), this information is available as Agenda Item 8.5 at the Council Meeting on 12 October 2015 and can be accessed at the following link - http://www.launceston.tas.gov.au/lcc/index.php?c=744
For item 8: 8. Confirmation or otherwise that the General Manager has been granted Delegated Authority in respect to policy determination for the QVMAG, I refer you to section 62 of the Local Government Act 1993 which states:
62. Functions and powers of general manager
(1) The general manager has the following functions:
(a) to implement the policies, plans and programs of the council;
(b) to implement the decisions of the council;
(c) to be responsible for the day-to-day operations and affairs of the council;
(d) to provide advice and reports to the council on the exercise and performance of its powers and functions and any other matter requested by the council;
(e) to assist the council in the preparation of the strategic plan, annual plan, annual report and assessment of the council's performance against the plans;
(f) to coordinate proposals for the development of objectives, policies and programs for the consideration of the council;
(g) to liaise with the mayor on the affairs of the council and the performance of its functions;
(h) to manage the resources and assets of the council;
(i) to perform any other function the council decides.
(2) The general manager may do anything necessary or convenient to perform his or her functions under this or any other Act.
Please submit the remainder of your requests as Right to Information requests and they will be assessed under the Act.
Regards
John
John Davis I Manager Corporate Strategy I City of Launceston
T 03 6323 3314 I www.launceston.tas.gov.au <http://www.launceston.tas.gov.au> <http://www.launceston.tas.gov.au/>
From: Ray Norman 7250 [mailto:raynorman7250@bigpond.com]
Sent: Tuesday, 20 October 2015 3:52 PM
To: John Davis
Cc: Peter Gutwein [Min Local Govt Tas]; Phillip Hoysted [Dir Local Govt]
Subject: The provision of information relative to CoL operations
Good Afternoon,
Further to our telephone conversation earlier today there are a series questions that I have raised with Council via the General Manager and the Mayor. Except for the first two listed below they have been the subject of correspondence with the Mayor and General Manager. Paraphrased, the response to my questions has been that the matter is an operational matter and it seems that by implication such questions have been deemed to have immunity from any enquiry at all. Quite simply, I contest that proposition.
Indeed, it would seem to me that the information I am seeking should be on the public record and that there would be, nor should be, no viable issue of confidentiality attached to it – See correspondence copied below. Furthermore, under the City of Launceston’s published Organisational Values there should be ready access to such information.
The information that I am seeking is:
- 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.
Can you please advise me as to how I should proceed in order that I may gain this information most expediently and if there is some simpler alternative to a Right To Information Request in this instance.
I look forward with interest to your response and to being able to progress my request for information.
Regards,
Ray
Ray Norman
<zingHOUSEunlimited>
The lifestyle design enterprise and research network
PH: 03-6334 2176
EMAIL 1: raynorman7250@bigpond.com
40 Delamere Crescent Trevallyn TAS. 7250
WEBsite: http://www.raynorman7250.blogspot.com
NOTE: WE HAVE CHANGED OUR EMAIL ADDRESS
IT’S NOW raynorman7250@bigpond.com
CLICK HERE: http://www.launceston.tas.gov.au/lcc/index.php?c=69
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Forwarded Message
Message
From: Lisa Doolan <Lisa.Doolan@launceston.tas.gov.au>
Date: Mon, 12 Oct 2015 03:09:34 +0000
To: "raynorman7250@bigpond.com" <raynorman7250@bigpond.com>
Subject: RE Again: CoL QVMAG Governance & Resolutions
Dear Mr Norman,
I am responding to your email on the matter of QVMAG Governance & Resolutions.
I refer to the letter sent to you dated 28 September in which I provided an answer to these questions.
I have nothing further to add to this information.
Yours sincerely
Albert van Zetten
MAYOR Message
From: Robert Dobrzynski <Robert.Dobrzynski@launceston.tas.gov.au>
Date: Sat, 10 Oct 2015 05:18:59 +0000
To: Ray Norman 7250 <raynorman7250@bigpond.com>
Cc: Rod Sweetnam <Rod.Sweetnam@launceston.tas.gov.au>, Mayor <Mayor@launceston.tas.gov.au>
Subject: Re: Launceston Aquatic
Hi Ray,
The operation of the Launceston Aquatic Centre is undertaken by the General Manager consistent with Council policy and utilising the General Manager's powers and authorities under legislation.
It is not, nor will it be my intention to engage in an ongoing commentary on these matters.
Regards
Robert
Sent from my iPhone
On 10 Oct 2015, at 3:28 pm, Ray Norman 7250 <raynorman7250@bigpond.com<mailto:raynorman7250@bigpond.com>> wrote:
Dear Robert,
It has been drawn to my attention that the City of Launceston retains the services of an outside and independent consultant in regard to the management of the Launceston Aquatic Centre. Can you please confirm that this is indeed the case?
Furthermore, there is considerable confusion in regard to what the consultant’s brief may actually be. Given this, can you please provide:
1. A copy of the consultant’s brief;
2. Confirmation of the date of the consultant’s appointment;
3. The anticipated, and an all inclusive, cost to Council, and thus Launceston ratepayers, in regard to this consultancy; and
4. The anticipated date when the consultant’s advice will be made available to Council and the public – interim and final.
If it is the case that consultant has already reported to Council, can you please direct me to the report and provide me with an assessment of the value of the consultant’s services.
I look forward to your early clarification of the current circumstances in regard to this matter.
Regards,
Ray
Ray Norman
<zingHOUSEunlimited>
The lifestyle design enterprise and research network
||||||||||
Message
From: Robert Dobrzynski <Robert.Dobrzynski@launceston.tas.gov.au>
Date: Sat, 10 Oct 2015 05:15:54 +0000
To: Ray Norman 7250 <raynorman7250@bigpond.com>
Cc: Richard Mulvaney <Richard.Mulvaney@launceston.tas.gov.au>, Mayor <Mayor@launceston.tas.gov.au>
Subject: Re: Current QVMAG Governance
Hi Ray,
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.
Regards
Robert
Sent from my iPhone
On 10 Oct 2015, at 3:27 pm, Ray Norman 7250 <raynorman7250@bigpond.com<mailto:raynorman7250@bigpond.com>> wrote:
Dear Robert,
I write in reference to Council’s recent adoption/endorsement of the QVMAG Review Committee’s recommendations some six weeks ago.
It appears that as a consequence of all this you have been delegated the authority to determine QVMAG policy. However, I am unable to find any direct reference to that delegation. Can you please direct me to it and/or clarify your current status?
I am also interested in discovering the proposed implementation date for Council’s determination, and I understand unanimous endorsement, for the QVMAG Review Committee’s recommendations – all seven of them.
Furthermore, I am seeking your advice in regard to what expert advice you will be relying upon, in accord with the Local Govt. Act, in regard to the implementation of these seven recommendations/determinations relevant to the governance of the QVMAG.
I look forward to your early advice and clarification in regard to these issues.
Regards,
Ray
Ray Norman
<zingHOUSEunlimited>
<https://twitter.com/LtonCityCouncil> <http://www.youtube.com/user/LauncestonCtyCouncil> <http://www.launceston.tas.gov.au> <http://yourvoiceyourlaunceston.com.au/>
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