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Has Council been Misled? – Again! 

At the Council meeting of March 15 the Mayor, Cr Dimopoulos, introduced and spoke to a motion (8.1) regarding the Huntingdale Community Hall Committee of Management.  

In this motion he put a recommendation that the Huntingdale Community Hall Committee of Management donate all of its surplus funds to the Monash Halls Management Committee since he regarded this council organization as a like organization because of its similar aims and objectives.  

Cr Dimopoulos also acknowledged that he had contacted Consumer Affairs and that it had advised him that the Huntingdale Hall Committee of Management could only donate or transfer money to a like organization. It is curious, and in my view irregular, that the Mayor approached Consumer Affairs rather than this task being undertaken by a council officer from the Council Administration. Similarly, it was the Mayor who sponsored motion 8.1 of March 15, not a council officer or department. 

But is the Mayor misleading the Council? The Huntingdale Community Hall Committee of Management (HCHCM) has obtained legal opinion from several sources and they all state that like organizations to the HCHCM are not for profit, incorporated associations. The HCHCM has had this advise since not long after the infamous attack on it by Cr Lake in May 2004! Council, by definition, is not a not for profit organization and nor is any Committee set up under its auspices and/or control, such as the Monash Halls Management Committee.  

Furthermore, as recently as Wednesday March 30 a letter from Consumer Affairs addressed to the HCHCM stated: “In respect to the distribution of assets the Registrar of Incorporated Associations is unable to give directions in that regard.” So Consumer Affairs is saying, in writing, that its responsible representative, the Registrar of Incorporated Associations, is unable to give such direction. Where and from whom in Consumer Affairs did Cr Dimopoulos get his advice? Or, did he make it up or extrapolate and embellish what he was told to suit the answer he wanted to receive and the statement he wanted to make to Council?  

I have followed this unfortunate saga with increasing concern and alarm since it was raised as a motion by Cr Dimopoulos and viciously and inaccurately prosecuted by Cr Lake in May 2004. I have seen most of the documentary material held by the Huntingdale Hall Committee of Management. It is absolutely clear that it would be illegal for the HCHCM to give, by any means, to Monash City Council any of the money it holds. What is more, I would suggest it is illegal for the Monash City Council to accept any of the money. So why do Crs Dimopoulos and Lake continue to pursue their course of action. Perhaps there is a more sinister and hidden motive behind their actions?  

Whatever the case may be, this whole episode has tarnished the reputation of the Monash City Council.

 Yours sincerely, 

Philip Daw

President, Monash Ratepayers Association

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