Effective immediately the recently elected HuonFM President, Michelle Studley, has resigned citing differing values, ideas and visions for the future of the station, the Association and the management committee.
“These differences are not able to be resolved and therefore I am not able to continue,”
said Studley in an email to the management committee. Studley has left the committee and the station.
Nigel Ballard, the HuonFM public officer and secretary, has also resigned from the committee and will no longer be involved with the station.
Tasmanian Times have been advised there are more resignations forthcoming as the station committee continues to implode following the controversial removal of their former President of three years, Andy Waterhouse.
There are also allegations of committee members shouting at each other along with irate emails being sent between committee members.
The HuonFM website has been down again for the past three weeks which means listeners cannot live stream or listen to any of their podcasts.
Tasmanian Times has been advised the association have not paid their computer IT person, who is their third IT consultant in as many years.
At a Special General Meeting 25 August 2024, Waterhouse was removed as President. The new committee were voted in by members at their AGM 15 September 2024 with Studley as President. She has lasted a little over two months.
A House Unstable Cannot Stand
The HuonFM building at 10 School Road, Geeveston is an asset of ratepayers under the management of the Huon Valley Council (HVC). It was a former fire engine depot until it was converted into a functioning radio station by volunteers. It has been home to HuonFM since February 1992.
In the HVC minutes of 31 March 2021 HVC resolved in a meeting of Closed Council 24 February 2021 to transfer the ownership of the property title and building to the HuonFM association.
“This building has been home to Huon FM since 1992. It needs investment to fulfill Huon FM’s future plans. The building during this time has been leased under a community lease for a nominal amount. By transferring the building Council is helping secure the community broadcaster’s future.”
HVC sat on this resolution for three years with no action taken, until recently.
A public question to the 28 August 2024 council meeting confirmed that ‘work is being undertaken to complete the transfer in accordance with the resolution.’
HVC CEO Lachlan Kranz advised 14 November 2024:
“10 School Rd Geeveston has been transferred to HuonFM. There is no ongoing cost to Council.
“There is a reversionary covenant in Council’s favour to return the land to Council ownership should HuonFM as the owner no longer operate a radio station or is wound up.
“Future costs to HuonFM will be entirely dependent on their management of the property.”
Three plus years on one can only surmise the sudden decision to act on an old resolution may have been hurried along after being notified in writing of workplace health and safety issues by a concerned member and presenter at the station.
HVC Executive team Patty Johnson, Lachlan Kranz, Matthew Grimsey, Frank Chen and Lyle Ground.
On 9 February 2024 a letter was sent to Council.
RE: URGENT HEALTH AND SAFETY RISK with noncompliance to the Building & Safety Regulations
Property address : 10 School Rd, Geeveston
Owner : Huon Valley Council ( Leased to Huon & Kingston FM)
To : CEO Lachlan Kranz, Mathew (sic) Grimsey, Lyle Ground and Mayor Sally Doyle.
The property leased by the Huon Valley Council to the Community Radio station using the name Huon & Kingston FM is dangerously unsafe, does not comply to Building or Safety Regulations and [is] therefore a threat to the health and lives of volunteers and visitors to the Station for the following reasons.
• There are NO fire alarms at all in any part of the building.
• NONE on [sic] the lights installed have an earth wire.
• There are some sections of the internal wall structure which appear to be asbestos sheeting.
• There are NO opening windows in the whole building for the flow of fresh air.
• There are no extraction or fresh air pumps at all.
• The studios 1 and 2 are lined on all 4 walls with extremely flammable and toxic foam tiles.
• There is absolutely no way to exit either studio 1 or 2 in the event of a fire in the reception or Kitchen areas as the windows are double glazed small and fixed (don’t open in any way)
It is my belief that in the event of a loss of life due to fire the Huon Valley Council would be legally and morally liable. Also, that it would be not just morally irresponsible, but legally negligent to allow the continued use of this property in this manner or to dispose of the said property by sale or legal transfer of the property to a third party (being the tenants), in the knowledge that the property does NOT conform to building and Safety Codes.
Your faithfully
(name withheld)
A concerned member and presenter at the station
Within days of this letter to HVC, committee member David Milne was observed installing ‘battery’ fire alarms [instead of the requisite hard wired alarms].
There has never been any response to this letter from limp-wristed CEO Kranz, Mayor Doyle or anyone else at HVC, a council consistently unable to do even straightforward things properly.
When Tasmanian Times asked the Huon Valley Council about these matters of concern, Kranz advised “these are issues for the tenant and are not issues for Council.”
Consumer, Building and Occupational Services (CBOS) however has advised (see below) that a ‘Council Permit Authority’ remains responsible for ensuring the requirements of the Building Act are enforced
A WorkSafe Tasmania Inspector visited the HuonFM building at 10 School Road, Geeveston, 25 September 2024, to follow up on the alleged work health and safety concerns which were brought to the attention of WorkSafe 29 August 2024, a month earlier, by another concerned association member.
The allegations provided to Worksafe included the compliance and safety of the building to include issues of asbestos, faulty electrical wiring, fire issues to include egress and flammable materials, and no fresh air in the building.
In an email to HuonFM President Studley, 1 October 2024, just days from the WorkSafe visit, Milne, [since retired from the station], referred to electrical safety hazards to include liquids near electrical equipment, presenters on duty during emergencies (particularly fires), and a clear policy ensuring personal safety and criteria about when to leave the studio.
“Some years ago, the studio was flooded creating a potentially dangerous situation,” said Milne, “and since then they have encouraged volunteers to inform management of any hazards and potential hazards.
“There were clear guidelines regarding leaving the building including identifying the safest exit and a clearly defined assembly area, and there should also be clear guidelines on people going around the outside of the building (between the station and No 8 School Road), and maintaining a clearway to emergency exits.
“We should also cover the requirement to carry out regular safety inspections of the building and a safety committee plus training for fire and safety officers,” said Milne.
When the WorkSafe Inspector attended the building, he advised the HuonFM volunteer presenter who was at the station on the day, not to be concerned as he was acting on a complaint.
The WorkSafe Inspector then proceeded to tell the volunteer the name of the complainant.
When Tasmanian Times followed up with the WorkSafe Inspector about this breach of confidentiality, he at first denied advising the name of the complainant, and when he was advised Tasmanian Times were working on an article, he did not give permission for his name to be included in this article.
Because it is an egregious breach of confidentiality the matter was escalated to the Acting Executive Officer of WorkSafe, Sam Thompson, who initially advised:
WorkSafe Tasmania takes all complaints seriously. I will make some enquiries and provide you with a more substantive response before the end of December 2024.
Further pressure was needed and a response was offered a few days later on 25 November 2024 which said in part:
I confirm that Inspector [name withheld] attended the PCBU’s [person conducting a business or undertaking] workplace on 25 September 2024 in response to [the] initial complaint to WorkSafe Tasmania.
Regrettably, during that initial inspection, the Inspector did disclose [the name of the person] who had lodged the complaint. The Inspector did that because he mistakenly believed that [the person] had consented to [their name] being disclosed.
Upon realising his error, the Inspector later contacted and told the PCBU’s representative that [the person] had not given consent for [their] identity to be disclosed. I understand that the representative assured the Inspector that [the person’s name] would not be discussed in relation to the complaint.
[Tasmanian Times is aware the name was discussed within HuonFM and was not kept confidential as was assured]
I accept that this was a genuine error of judgment based on the Inspector’s mistaken belief.
Unfortunately, the error was compounded by the Inspector’s later advice to the [complainant] that he had not identified the complainant. I understand that incorrect advice to have been given based on the representative’s advice that [the complainant’s] name would not be discussed.
That too was an error of judgment.
The Inspector has been counselled in relation to these matters, including in relation to the importance of maintaining appropriate confidentiality.
Inspectors are encouraged, consistent with the National Compliance and Enforcement Policy, to take an adaptable approach in attending a workplace inspection to encourage cooperation and compliance. I consider the Inspector’s approach to have been appropriate in this regard.
Yours sincerely
Sam Thompson, Acting Executive Director
When the complainant asked what was the outcome of the inspection – Is there any confirmation of asbestos or concerns about fire safety? – the Inspector advised he is unable to say anything about his inspection because of confidentiality.
When asked if Council was involved in any way in these health and safety issues, WorkSafe advised they are dealing with the tenant and not the owner/landlord but suggested that Consumer, Building and Occupational Services (CBOS) may have a different view.
CBOS responded to Tasmanian Times 13 October 2024.
CBOS has no direct responsibility for undertaking compliance actions regarding fire safety in buildings.
• Permit authorities (such as the Huon Valley Council) have powers under the Building Act 2016 to issue building notices in certain circumstances, including if:
o they are satisfied that a premises is unfit for use or occupation, or is a danger to users of the premises; or
o the essential building services of the premises have not been maintained in accordance with the Building Regulations or any other relevant Act in force at the time the work was performed.
• The Building Act sets out circumstances in which a building is a fire hazard. A permit authority can serve a Fire Upgrading Notice and a building order to require an owner to cease occupation and to carry out building work to make the building safe.
• If there is an immediate danger to occupants of buildings, a permit authority can serve an emergency order on the owner to immediately cease occupation or perform work.
The Council Permit Authority remains responsible for ensuring the requirements of the Building Act are enforced.
As of this week, HuonFM are without a President, a Secretary and a Public Officer, and there are rumblings over the remaining committee members with another two likely planning to stand down, but not as yet official.
Reportedly HuonFM are facing financial difficulties along with the apparent IT related issues over the past three weeks.
Huon Valley Council have effectively wiped their hands of any building compliance issues, or matters of workplace health and safety for a building which has been under their jurisdiction and duty of care since 1992. Any breaches of the Building Act and the fate of the building, their volunteers and presenters, now rests with a dysfunctional committee.
A requirement of their ACMA radio licence is for there to be proper and effective governance in place at all times.
A HuonFM fundraising BBQ outside Bunnings in Kingston
Meanwhile there have been calls from members within the community for the station to be put into the hands of the members, for the entire management committee to be removed, and for a skilled and responsible manager to be installed, or alternatively, for the station to be closed down.
In an email 27 November 2024 from a long time listener to the public officer Nigel Ballard, with a reference to Andy Waterhouse, the previous President:
“Since the treasonous removal of a duly-elected President it is no surprise to me the station is falling apart at the seems [sic].
“I have found that since his removal the station has become boring and uninteresting with the music and presenters deteriorating every week.
“My only hope is that the station is dissolved and a new community station can be formed from the ground up which includes programs that accurately include all different views from our diverse community we live in.”
