In regards to the 'Exclusive' in today's Times please see Keith's Interview with the BBC here for a less sensationalist account or refer to the Lord's site for updates.
Obviously there are good and bad examples of progress and a bad example is what is happening in our home town of Hobart, Tasmania.
Friend and former neighbour Wendy Wilkinson has run a delightful little business called The Lace Place in Salamanca Place, an iconic and historic area of Hobart, for the past 21 years.
Wendy stocks mostly Tasmanian gifts and garments and employs around 20 local artisans. Wendy also stocks the award-winning Casaveen garments.
The Crown Princess of Holland and Princess Mary of Denmark have both been customers.
The alcove where Wendy has her shop is in the domain of the Salamanca Arts Centre. The centre provides discounted rents for its tenants, which in turn are required to promote the arts and artist. Until this year, Mrs Wilkinson says she had had no trouble renewing her lease however this has changed after a five-minute interview with a subcommittee.
Wendy then received a letter saying she did not fit the criteria. Ok, things change but what reasons did they give? None! Wendy has written to them on several occasions and hasn't received a reason nor able to secure a meeting to discuss.
The Salamanca Arts Centre is owned by the State Government and leased to the arts organisation for a peppercorn rental. Wendy has appealed to the Government to intervene. However, the relevant Minister, David Llewellyn, says he has no jurisdiction to review the centre's decision.
The Lace Place is an example of a business that has managed to be loyal in it's commitment to 'Handmade' and stay relevant for nearly a quarter of a century - surely just that in itself is something that deserves to be saved!
Oliver Wendell Holmes quoted:
Obviously there are good and bad examples of progress and a bad example is what is happening in our home town of Hobart, Tasmania.
Friend and former neighbour Wendy Wilkinson has run a delightful little business called The Lace Place in Salamanca Place, an iconic and historic area of Hobart, for the past 21 years.
Wendy stocks mostly Tasmanian gifts and garments and employs around 20 local artisans. Wendy also stocks the award-winning Casaveen garments.
The Crown Princess of Holland and Princess Mary of Denmark have both been customers.
The alcove where Wendy has her shop is in the domain of the Salamanca Arts Centre. The centre provides discounted rents for its tenants, which in turn are required to promote the arts and artist. Until this year, Mrs Wilkinson says she had had no trouble renewing her lease however this has changed after a five-minute interview with a subcommittee.
Wendy then received a letter saying she did not fit the criteria. Ok, things change but what reasons did they give? None! Wendy has written to them on several occasions and hasn't received a reason nor able to secure a meeting to discuss.
The Salamanca Arts Centre is owned by the State Government and leased to the arts organisation for a peppercorn rental. Wendy has appealed to the Government to intervene. However, the relevant Minister, David Llewellyn, says he has no jurisdiction to review the centre's decision.
The Lace Place is an example of a business that has managed to be loyal in it's commitment to 'Handmade' and stay relevant for nearly a quarter of a century - surely just that in itself is something that deserves to be saved!
1 comments:
Has she spoken to a lawyer? I'm an English lawyer so in no position to pronounce on the issue in Australia but in the English system we have a doctrine called "judicial review" which enables someone to apply to the court where they think a decision by a public body (or a body exercising public functions, of which the arts corporation may well be as it is owned by the state government) has been unfairly taken. The court's jurisdiction is to look at the manner of decision-making rather than the merits of the decision itself
but they can direct the body to reconsider their decision.
The broad grounds for review are if the decision was: unreasonable, outside the powers of the authority, or irrational. Further grounds that can be submitted are that no reasons were given (and the latest case law allows the individual to assume that if no reasons are given , no good reasons must exist) and that the person had a legitimate expectation of a decision that did not transpire. The absolute classic case is one where a licensee has after many years been refused a renewal of the licence for no good reason.
In England you need the court's permission to bring a claim, and there are pretty strict time limits for making an application. If you have a similar doctrine in aus I would think it's well worth getting some legal advice as a starter. The aim of the doctrine is to make sure that public bodies have some scrutiny of the exercise of their public law functions.
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