As the Huon and Kingston FM committee make their next move to formally expel Andrew Waterhouse as a member, allegations of impropriety and illegality at the station emerge leaving questions unanswered for the future of this once diverse and thriving community radio station. Waterhouse is a member of nine years and past President of three.
At a Special General Meeting (SGM) 16 June 2024, the motion to remove Andrew Waterhouse as President, based on the premise of a once off conversation with another member, Janine Koefoed was resolved in favour.
The meeting did not abide by their own constitutional rules, and the Chair would not recognise the legitimate SGM of the day before, 15 June 2024 which did follow the rules of the constitution. At the earlier SGM, the members present resolved to declare all committee positions vacant and to hold an early AGM 14 July 2024, at which time they could install a new President and a new committee.
This was an open and transparent attempt by Waterhouse to end the unnecessary drama which was playing out in the media and which was not in the best interests of HuonFM and its members. It would have saved the station expending any more of their funds on their witch hunt, it would have put a stop to the bad media publicity, and it would have shown leadership and integrity.
Instead, the committee have continued to draw out the shaky allegation for going on six months already.
This has caused considerable angst and despair to Waterhouse and loyal his supporters, his interviewees and sponsors, and it has been at considerable financial cost to the station.
Once the unconstitutional 16 June 2024 SGM got underway a number of members left before the meeting concluded. They left in disgust because of what they described as a poorly controlled, if not a biased meeting under the control of member Trish Tinkler as the Chairperson. Tinkler was initially flagged by the committee as being impartial.
Evident on the day was Tinkler’s inability to control the meeting and her failure to fully appreciate what was happening amongst the heckles and jeers from several rowdy members who were simply not interested in the facts, or in adhering to the requirements of the constitution.
It has since been revealed that Tinkler is well connected with the station, works at the Geeveston Community Centre (GeCo) across the road, and reportedly has ongoing aspirations to be on the next HuonFM committee.
The SGM has been described as a kangaroo court, and despite a number of points of order raised from members on the day, the Chair, who appeared inexperienced in controlling a meeting of this nature did not accept or allow any discussion from the floor.
Following the SGM a number of members immediately resigned their membership and sponsors spoke of discontinuing their financial support of the community radio station.
From left: TrishTinkler and Michelle Studley.
Michelle Studley, a recent member of the committee, who also happens to work alongside Tinkler at GeCo, was the unofficial spokesperson at the SGM, and has since been the voice for the bulk of the HuonFM communications around the very tawdry matter concerning the committee’s allegations toward Waterhouse.
During the SGM Studley took to the floor whilst stalwarts and long time committee members with the station, David and Carolyne Milne, David Hailes, Nigel Ballard, Iris Richter and Vice President Helen Lindsay sat back at the head table with not a word to say.
It was the Tinkler and Studley show.
The minutes of the SGM (in the form of a transcript) were sent to all members 10 August 2024, however, like a number of matters involving this committee around issues of transparency, integrity and honesty, a number of the points of order raised at the meeting have been excluded from the transcript.
Since publishing our Tasmanian Times article in June, a number of past HuonFM volunteers have made contact with information alleging a number of ongoing concerns about the station.
Dwindling Presenters and Mainland Content
In the past 18 months the station has lost eleven of their regular volunteer presenters, and in recent times a number of sponsors have pulled out. On a good week, absences and sicknesses aside, the station now has only nine live presenters who present at best some 30% local content.
In reviewing the Monday to Sunday June programme content of Huon and Kingston FM, the live local broadcast content is just over 50 hours of their programming. The remaining 115 hours of programming is mainland content pulled from Connecting the Australian Channel (CRN), satellite feed, or station archives.
Established in 1998, CRN Australia is a central source of news and business and through the station’s association membership with the Community Broadcasting Association of Australia (CBAA), Huon and Kingston FM have access to broadcast material pulled together by CRN for their mainland Australia clients.
Bullying
There has been for many years a culture of bullying by the long time committee members who have an expectation of controlling everything from the day to day programming, to the people they choose to allow at the station. A recent somewhat draconian move by the committee was to place padlocks on the outside and internal doors, and on asking why, the committee have declined to respond.
These are not only recent allegations but over time there have been failed attempts to get any resolution through the station complaints process or to get the attention of the authorities such as the Australian Communications and Media Authority (ACMA) or the Commercial Broadcasting Association of Australia (CBAA) with whom HuonFM is a financial member.
One volunteer, whose name we have withheld, has told Tasmanian Times,
“As a newcomer you soon realise that if you are not prepared to simply be free labour, with no personality or ambitions, then you had better look out because there is no point lodging complains when they start to bully you as the complaints never see the light of day.
“In the time I spent at this station I was appalled at the way I was hounded personally, how I was bullied relentlessly, and how other volunteers there were also unpleasantly demeaned and put down in front of other members. A culture that I was astounded still existed in any workplace let alone where we are volunteering our time for free.”
Another well regarded popular presenter, Beverley, who was 86 at the time, suffered considerable bullying at the hands of the committee. Waterhouse supported her against the bullying and has remained in contact with her. She has now moved interstate and is done with the station.
In a letter to the local Huon News 31 July 2024, previous long time member and volunteer of 23 years with HuonFM, Chris Rawlings from Geeveston wrote in part;
“In my opinion and experience, committees only really work if they are changed every 12 months or two years, mainly the executive members. Huon FM’s (committee) has hardly changed, in the last 15 years.
“What is happening to Andy Waterhouse is just another example of twisted parochialism from the usual suspects, in my experience and opinion.
“They need a coup or similar to get rid of the narcissism that hangs over the station by alleged ‘Committee members and supporters’, in my opinion.
“It is a great shame that in many organisations power, ego, narcissism, greed and control seem to rule, again, in my experience and opinion.”
And in another letter to Huon News 7 August 2024 from Rob Hewitt of Ranelagh;
“I have continued to watch in disbelief as events have unfolded at the station. The current yet seemingly eternal committee have steadfastly stuck to the original unsupportable and frankly laughable accusation. As a long-term member and volunteer at HuonFM, this has been the vehicle to achieve their predetermined outcome, that being the ousting of Mr Waterhouse.
“Not content with that, they then arbitrarily cancel his popular radio show, surely an act of undisguised and unnecessary spitefulness. Now apparently, they seek to expel him as a member.
“This is despite a unique and substantial contribution to the station purely as a volunteer.
His show was always interesting and dared to be relevant and controversial, not only that, the profile and calibre of guests was unprecedented for community radio.
“We now listen to bland platitudes that are no more than an advertisement and mouthpiece for the council, dare we suggest mission accomplished. It is very disheartening to see the sad outcome that self-righteousness, dishonesty and spitefulness combine to create. What a sorry tale from supposedly community radio.
“Shame upon you all.”
Charity Status
Huon and Kingston FM are also operating as a Charity under the Australian Charities and Not-for-profits Commission (ACNC), and as such receive taxation benefits and grant monies because of their apparent charity to the Huon Valley and Kingborough communities.
Under the ACNC the station receives a monthly grant payment and in return they are to provide benefits to the community.
The law recognises many kinds of purposes as charitable. The Charities Act 2013 lists 12 charitable purposes, to include advancing health, advancing education, advancing social or public welfare, advancing religion, advancing culture, promoting reconciliation, mutual respect and tolerance between groups of individuals that are in Australia, promoting or protecting human rights, advancing the security or safety of Australia or the Australian public, preventing or relieving the suffering of animals, advancing the natural environment, promoting or opposing a change to any matter established by law, policy or practice in the Commonwealth, a state, a territory or another country (where that change furthers or opposes one or more of the purposes above), and other similar purposes ‘beneficial to the general public’ (a general category).
Huon and Kingston FM is registered with ASIC as 2015 Radio Geeveston Youth Incorporated from when they were a radio station for the local Geeveston school, and where recognition of their charity status was evident, but whilst the station has since moved on, they have retained their charity status.
Under their ACNC Charity claim they are also required to provide an amount of local indigenous content in their programming which they purportedly provide through a segment broadcasting 9pm to 11pm on a Monday evening.
The programme is titled Loogana, however the content is not local and as it is taken from the mainland through CRN Australia.
It is unknown what charity services HuonFM are providing to the community and when asking questions of past volunteers no one was aware of any charity donations. There is no information regarding this on their station website.
Illegal Ripping of Audio Tracks
It has also been revealed that the station openly promotes the illegal ripping of tunes from YouTube and Spotify. Members of the committee have installed audio grabber software onto the station’s computers for volunteer presenters to use in their programme preparation.
Several members of the committee and some presenters are involved in this practice of ‘grabbing’ and renaming audio files which often make up the entire content of the programmes that they present at the station and on the podcasts on their web page. Names of those involved have been provided, and this is now a matter for the Australian Communications and Media Authority (ACMA) to investigate. It is also a potential royalty issue through APRA AMCOS.
The station has a broadcasting transmitter (apparatus) licence which is issued by the ACMA. The conditions of the licence vary for each broadcaster, which must be observed, and there is to be no breaking of the law, else the licence will be revoked.
A station newsletter number 9 sent to members 14 August 2024 advises that ACMA have renewed their station licence for a period of 5 years.
Ballard (or Studley) writes,
“The ACMA takes a forensic look at the viability of each station, this process takes months to complete after the new application has been finalized (sic) and submitted by each station.
“Every aspect of Huon and Kingston FM has been scrutinized (sic) by our governing body.
“We have shown how we engage with the local community, submitted all of our audited financial reports, the constitution, how programs are selected and put on air. We have demonstrated the amount of Australian content we play and the amount of live presenters that volunteer each week over the air waves (sic).
“We have shown how Huon and Kingston FM provides (sic) a local service that broadcasts content not covered by other stations.
“The committee and volunteers at the station have spent many hours gathering all the information and evidence required before submitting the license renewal.”
Expulsion of Member
At a meeting of the committee 24 July 2024, the committee resolved to expel Waterhouse as a member of Huon and Kingston FM, thereby preventing him from again standing as President at the upcoming 5 September 2024 AGM, and preventing him from broadcasting his popular Your Point of View program.
The committee have failed to provide Waterhouse with any evidence to support their decision to expel him with only the following three reasons given:
- You worked to start a rival radio station in the Huon and Kingborough region with Ms Janine Keoefoed. This is contrary to the objects of the Association and detrimental to the Association.
- Both you and Janine Koefoed had discussions about starting a rival radio station and you failed to disclose this matter to the Association.
- Your plans to start a radio station, and discussing plans to start a rival radio station and failing to disclose knowledge of this matter, are detrimental to the Association as it puts the Association’s broadcasting licence at significant risk. As clause 4 of the Constitution makes clear, one object of this Association is to apply for and hold a broadcast licence in the Huon and Kingborough area.
At the 16 June 2024 SGM, HuonFM member Malcolm Thomas directed a question to the Chair,
“Can I ask a follow up question to that? Are you saying that you can’t have a private discussion about something, where there is no firm proposal to do anything? I could go outside and talk to another farmer from down the road about buying another farm. Doesn’t mean that I intend to do it.”
There was no follow up from the Chair to this question.
Another member has told Tasmanian Times,
“This committee appears to be fixated on the perceived threat that Koefoed’s internet station, Storm Bay Radio, which she has since established, may result in a loss of their listener share, instead of focusing on providing the community with quality programming.
“In so doing they are making it their mission to use this carefully constructed gossip to remove a hardworking and very popular President who has never shown any interest to this day in being involved with any other station.”
No Evidence of Wrongdoing Provided
Waterhouse has repeatedly asked for the committee to provide written evidence, and they have refused. As part of their constitution, if Waterhouse appeals the expulsion, the public officer must call an SGM and put it to the members. Waterhouse is rightfully appealing the decision, not because he necessarily has any future interest in being the President again, or to even again present his radio programme, but because he believes in truth and integrity and he is now needing to protect his reputation against the wrongdoing of the HuonFM committee.
The claim that Waterhouse has brought the station into disrepute for having a discussion with Koefoed about her thoughts on starting an internet radio station, and in not sharing that private and unofficial conversation with his fellow committee members, is beyond comprehension.
“It was a casual discussion, it was not a formal meeting with the President, and Janine also had the same discussion with the then Vice President Helen Lindsay.” said Waterhouse.
Koefoed has since provided a statutory declaration about her discussions and confirmed Waterhouse was, and is not to this day involved with her in any way, apart from being an ongoing friend.
Waterhouse, in his defence has said “There is no onus on any member of an association, executive or committee to speak about a private conversation with any other member, and nothing about my conversation with Janine has anything at all to do with HuonFM. I have repeatedly denied any involvement with Janine Koefoed and her plans.”
“Despite my repeated requests in writing the committee have refused to provide me with any evidence whatsoever to support their claims”, said Waterhouse.
Questions of Probity
There have been many questions raised since the unconstitutional 16 June 2024 SGM about the validity of the votes at that meeting, about how many people in the room were actually financial members, whether the personalised envelopes handed out at the door contained more than a single voting slip, and why they even needed to have personalised envelopes when there was only one yes or no vote required, and whether the audience was stacked by the committee in the days leading up to the SGM.
A head count of those present in the room did not match the number of possible votes received and the constitution requires that only those members present on the day can vote.
On social media committee member Iris Richter referred to the resolution at the SGM as a ‘landslide decision’.
The minutes of the meeting advise there were 71 votes counted. With two thirds of the members required to pass a motion according to their constitution, that meant 47 votes were required. The count was 51 votes in favour of removing Waterhouse as President, not exactly a landslide even by Trump standards.
Waterhouse has since advised Tasmanian Times the committee have for some time been intent on removing him because of his very popular no fear or favour interviews which he undertakes with members of the community whether they be federal or state politicians, mayors and councillors, or anyone in the local community who has something to say. His no holds barred interviews do not sit well with some members of the committee, and his speakers are often critical of the Huon Valley Council.
His former Grapevine and then Your Point of View was the most listened to and the most commented on programme in the station’s broadcasting week.
Over the years Waterhouse has been instrumental in attracting a number of politicians to the station for interviews, building members, and securing sponsors of Huon and Kingston FM.
Up to 60 Day Suspension
On 16 July 2024 Waterhouse was served with a 60 day suspension whilst the committee make their determination over an interview he conducted with local Dover ratepayer and businessman Neville Boulton in July 2024. Despite being informed he would be contacted again about this in the first week of August, Ballard has been silent on the matter.
The allegation is that complaints were received about the interview in which Boulton was outwardly critical of the Huon Valley Council, Mayor Sally Doyle, Minister Nic Street, Labor Leader Dean Winter, former Commissioner Adriana Taylor and former Premier Peter Gutwein, amongst other issues he and his wife Lisa have suffered over the years.
The recorded interview was removed from the station podcast the same day it was published.
Fundamental to this ongoing saga, which has been very well detailed over ensuing weeks in the local Huon News by long-time career journalist Mick Hedger, is that the die-hard committee have failed to produce any evidence whatsoever that Waterhouse was, or is involved in any way in the setting up or the running of an online internet radio station.
What the committee have also failed to realise is that an internet music streaming service, of which there are thousands the world over, is in no way any competition whatsoever to an ACMA licensed airwave community radio station with live presenters from the community.
Media Questions Ignored
Following allegations that the association has in the past 6 months paid a committee member $1000 for secretarial services Tasmanian Times contacted Ballard about the allegations of this payment, supposedly as payment for the voluminous correspondence from the committee to Waterhouse.
Their constitution states:
“The Association shall not appoint a person who is a member of the Committee to any office for which there is any salary, remuneration or fees payable, and the Association may not pay to any Committee member any other benefit in money or monies worth other than commission or honorarium as set out in the By-laws, or repayment of out of pocket expenses.”
The allegation also asserted the $1000 payment has been entered as Legal Fees in their accounts.
Tasmanian Times pursued this allegation along with the other allegations as are detailed in this article with Ballard, copied to the entire committee, along with three follow up reminders seeking a response for this publication.
In total 15 questions were put to the public officer and secretary 2 August 2024, including something as inane as what is the date of the upcoming Association’s AGM.
Ballard along with just one committee member have only responded to the one allegation of $1000.
“I can confirm, that at no time has (committee member) received payment directly or indirectly as a result of her voluntary work for Huon and Kingston FM and to suggest otherwise would be a pernicious lie,” wrote Ballard.
Whilst HuonFM have this week advised their licence has been renewed, given the turmoil of the past six months, the false allegations, the negative publicity and the numerous contraventions of their own constitution, some concerned long time members of the station are now asking if the station is on solid ground going forward, and why have they persisted with this malicious and unfounded attack on Waterhouse.
Council Transfer of Title to HuonFM
This ongoing turmoil, along with questions of probity, may also impact their ongoing discussions with the Huon Valley Council who are the owners (on behalf of ratepayers) of 10 School Road, Geeveston, the land on which the station resides.
Council, under Mayor Doyle, has been in discussions for some time in planning the transfer of the land and property title over to Huon and Kingston FM, at no cost to the station.
Tasmanian Times have been unable to find any reference to this in any of the open Council agendas over the past 12 months which now raises even more questions. Tasmanian Times has not raised this with the Huon Valley Council given their recent declaration to not recognise our media questions.
In an email to all members 8 August 2024, along with another costly advertisement in the Mercury newspaper, yet another Special General Meeting has been called by Ballard for the sole purpose of hearing an appeal from Waterhouse against the resolution of the Committee to expel him from the Association.
On being made aware of this next attempt by the committee consisting of Ballard, the Milnes, Lindsay, Richter, Haile and Studley to persecute Waterhouse with absolutely no evidence being provided to support their allegations, friends, sponsors and long time supporters of Waterhouse are urging him to just walk away with his head held high.
The advice they are giving Waterhouse is to remove himself from what can only be described as a severally toxic committee and a working environment that appears intent on their own self destruction. This may well be the final days of a once well regarded community radio station where the long time committee, according to observers, appear to have overstayed their welcome.
Geoffrey Swan, the author of this article, is a financial member of Huon and Kingston FM and has closely followed this matter from when Andrew Waterhouse first made contact after the 7 February 2024 meeting. Several media questions have been put to Nigel Ballard the public officer and secretary, and there has been no response, apart from a denial of the allegation of $1000 of Station monies being paid to a committee member referred to as legal services in their accounts.
As a financial member Swan has requested a copy of the accounts which according to the constitution must be provided within 14 days of the request being made. Ballard finally responded offering a small window of 4pm to 5pm Friday 16 August 2024 to view the accounts. In investigating for this article past committee members have advised not to waste our time with what will only be a generalised summary of accounts, and that it is something best left to the authorities once this article is published.
RE: Huon and Kingston FM Media Release Response, 19 August 2024
Members (taken from publicly available and twice distributed email lists )
ACMA reference CSC2924-18445
CBAA Jon Bisset, CEO and Diana Burnett, GM
Huon Valley Council
Dear Mr Ballard
In response to your media release of Saturday 18 August 2024, as the journalist who investigated and reported on our article published 15 August 2024, and which has more than 400 reads so far, I offer the following comments and corrections.
https://tasmaniantimes.com/2024/08/allegations-of-impropriety-at-huon-and-kingstonfm-huon-fm/
At the outset, let me be very clear. I have been closely following and investigating the matter of your allegations against Mr Waterhouse from when I was first contacted in February 2024. At Tasmanian Times we take great care to ensure the factual accuracy of our publications, and where necessary we seek additional legal counsel. We also protect the anonymity of our sources and we do not react to rumour or gossip, being very careful to check the authenticity of any allegations made by anyone and subsequently published in our articles.
That said, your media release has attempted to besmirch me and that is totally unacceptable. You are also very aware that I put media questions to you, as below, and as the secretary and public officer you refused to respond to any question apart from the allegation of $1000, despite three follow up requests for a response. Throughout my investigations you repeatedly refused to respond to me, and Mr Waterhouse for that matter. As a media outlet we can only work with the information before us.
- There is no disputing there are seven members currently on the committee.
- The CBAA may well have provided advice on the SGM, but that is not legal advice and it is not necessarily the correct advice. The 15 June 2024 was completely in accordance with all aspects of the constitution. The SGM required a minimum of 10 members and the fact there were 23 financial members confirms the meeting had a quorum. Section 12.4 states “The only business to be transacted at a special general meeting is that which has been set out in the notice of the meeting,” and that is exactly what transpired.
- I repeat, a head count taken by myself and one other on the day, did not confirm to the number of votes counted. A number of members asked why there was any need for a personalised envelope and thus the suspicion raised in my article.
- Correspondence to and from Mr Waterhouse has been examined and there has been no evidence provided to him about the allegations. There have been emails and documents from the committee, but despite repeated requests from Mr Waterhouse, there is no written statement of evidence to support the allegations, and the allegations being levelled at Mr Waterhouse are factually incorrect as I understand he has submitted to you. I also repeat that Ms Lindsay had the exact same or similar discussions with Ms Koefoed.
- It is not me who is alleging $1000 has been paid to a member of the committee. That is information provided and verified with others. It is not my allegation. In my article I explained why I decided not to view the accounts, something I will leave to the relevant authorities.
- I have never suggested anywhere that the complaint(s) about Mr Waterhouse’s interview with Mr Boulton came from the Huon Valley Council.
Media questions put to HuonFM 2 August, 8 August and 11 August 2024 with only one response being Question #1 and an offer made to Question #12
- Do you have any comment on the $1000 paid to [redacted] for her secretarial services during the Waterhouse matter.
- Any comment please on the illegal ripping of audio tracks from YouTube and Spotify that are then used in Station broadcasting.
- Do you have any comment around the fact Huon and Kingston FM are very dependent on CRN and other mainland programme with at best 30% being local content.
- Do you have any comment on how the Station retains its ACNC charity status … what qualifies the Station to meet the requirements of Charity Status.
- Do you have any comment about your commitment and requirement to indigenous programming in order to get grant monies. Is Loogana the Station’s only indigenous broadcast, and why are you not using local content.
- What was the reason for personalised voting envelopes at the 16 June 2024 SGM when there was only one motion, and a yes or no required. Did some envelopes contain more than one voting slip.
- Why did the head count of the people in the room not equal the amount of votes counted … 71
- What is the reason for placing padlocks on the Station.
- What is the status of the land title transfer from HVC to the Station.
- It is noted Shane Ashlin is once again a member despite being expelled. Can you please explain why.
- I refer to section 7.2 of your constitution which states that all accounts shall be open to the inspection of members of the Association. As a member I am requesting a current copy of the accounts please.
- I am aware there have been changes to the Huon and Kingston FM committee members. Can you please advise me who are the current members along with their positions.
- Can you please update me on the official ASIC association registration for Huon and Kingston FM given the moves by Ms Koefoed who registered various company names.
- Can you please advise how many financial members are registered with Huon and Kingston FM.
- Why has the station placed padlocks on the doors of the Geeveston premises.
- Are you able to advise the date of the next AGM please.
I trust this clarifies my position in relation to your apparent position and that of the HuonFM committee.
Yours sincerely
Geoffrey Swan
Contributing Editor | Tasmanian Times
