Community fundraising drive to take Lyndoch Living to court
Carol Altmann – The Terrier
Tonight we are launching a Go Fund Me campaign on behalf of the Warrnambool community as the first step toward taking Lyndoch Living to court.
It’s time for action.
A group of community philanthropists has been working on this legal challenge for some time and have now reached the point where a barrister can be engaged.
The crowdfunding will pay for expert advice from a barrister who is the Australian specialist in this field of the law.
The advice will consider the best way to frame a case against the Lyndoch board – both collectively and as individual board members – on whether they have failed in their duty to uphold the original spirit and purpose of Lyndoch.
This is the first step in a legal process that will probably take place in either the County Court or the Supreme Court.
We have been ignored, silenced, pressed down, rejected and dismissed by the board for more than two years.
Enough.
We are now moving, as a community, to hold the Lyndoch board to account.
To take the first step, we need to raise $5000.
This is the equivalent of 100 people donating $50, or 1000 people donating $5 each.
Chip in what you can afford.
It reminds me of the days of buying a raffle ticket to support Lyndoch – except this time the prize is not a car, but Lyndoch itself: keeping Lyndoch a community asset, fully accountable to the community it serves.
A professional legal opinion from the best in the field is the first step.
We have already explored the next step: receiving pro bono (free of charge) support to run the case in court. We have received some very positive responses.
[If you prefer an offline method to chip in, please contact me via DM or at Terriercarol@protonmail.com]
Another board member resigns from Lyndoch Living
In the past 12 months, six faces have disappeared from the Lyndoch Living board and executive. Image: Lyndoch Living annual report 2020.
Carol Altmann – The Terrier
Another member of the Lyndoch Living board has resigned – the second resignation from the board in two months.
Suzanne Coulson, a researcher and lecturer at Deakin University in the School of Nursing and Midwifery, joined the Lyndoch board in 2017.
I don’t know why Ms Coulson resigned, and I doubt she could speak to me anyway, as all board members are bound by a confidentiality agreement which was introduced after the departure of former CEO Rhys Boyle in 2015.
Ms Coulson’s resignation follows that of veteran board member Percy Eccles, who left in March after serving almost 10 years.
Ms Coulson was one of only two board members with medical qualifications. The other is fellow lecturer in the Deakin School of Nursing and Midwifery, Lorraine Mielnik.
The resignations of both Mr Eccles and Ms Coulson come as Lyndoch Living faces mounting pressure to explain a number of concerns around its plan to build a $24 million medical clinic on site, with fears the project could send Lyndoch broke.
Lyndoch’s former Acting Chief Financial Officer Allan Conway raised the red flag publicly when he said he did not support the clinic project in its current form.
Lyndoch recently appointed its third chief financial officer in five years, with the departures of David Knight and Katie Wright.
Other recent executive resignations include IT director Dr Ed Rhode and Director of People and Resilience Fiona Moore.
A community action group made up of Warrnambool residents concerned for the future of Lyndoch was launched last week – you can follow/like the “Keep Lyndoch living” group on Facebook here.
Community action group forms to question Lyndoch Living
Carol Altmann – The Terrier
A grassroots action group has formed to challenge Lyndoch Living over plans to build a $22m medical clinic that some fear may send it broke.
I have written dozens of stories these past 18 months about concerns around Lyndoch Living and every time there is the same response from readers: what can we do?
Well here is the answer – you can support this action group.
The group – “Keep Lyndoch living” (follow them on their new Facebook page here) – is being led by local people who are prepared to speak up on behalf of the community, and you can stand with them.
The co-chairs are heavy hitters in Professor James Dunbar, who has had a long and distinguished career as a health researcher in Australia and overseas. He moved to south-west Victoria from the UK to become the first Director of the Greater Green Triangle University Department of Rural Health.
Prof Dunbar taught Clinical Governance and Risk Management for Flinders University in Adelaide, Singapore and China, and is an Honorary Professor with Deakin University.
The other co-chair is Jim Burke, a former naval officer and a senior investigator for the Inspector-General of Intelligence and Security until his retirement in 2009.
They are the public face of what they hope will be a united community voice seeking answers from Lyndoch on two broad questions:
how is the medical clinic being financed?
how will it benefit the residents of Lyndoch?
Last month, Lyndoch’s former Acting Chief Financial Officer Allan Conway revealed that, on the information available to him, he had formally advised Lyndoch CEO Doreen Power that he didn’t support the medical centre as proposed.
Mr Conway added that, as a private citizen, he also held fears for the viability of Lyndoch.
Despite this fire alarm from a former, well-respected CFO, the public response from the Lyndoch board has been silence.
In a media release today, Prof Dunbar said the community group had to move quickly, as construction was due to start on the clinic any day.
“If the medical centre resulted in serious financial issues for Lyndoch, the viability of Lyndoch could be threatened,” he said.
“As the community has funded and built Lyndoch over the past 70 years, it is imperative that the medical centre is based on a sound business plan and full transparency.”
Mr Burke said the group will seek a meeting with Lyndoch board.
In the interim, the group has contacted State Minister of Ageing Luke Donnellen, Federal Member Dan Tehan and State MPs Roma Britnell, Bev McArthur and Andy Meddick, to raise the following, specific concerns:
i. The cost of the centre;
ii. How the centre is to be funded;
iii. How loans and interest are to be repaid. Borrowing would be at the current low interest rates, but this cannot be guaranteed in the future;
iv. Whether proper business modelling has been done for the clinic (including full business and operational plans), together with an associated risk management plan;
v. Details of prospective tenants. Whilst an unknown number of GPs from The Health Spot and Warrnambool Medical Clinic have been secured, an advertisement in the Warrnambool Standard on 1 May, 2021 raises concerns about whether an adequate number of tenants in total can be secured where there are general GP shortages in rural areas;
vi. The effect of the Royal Commission into Aged Care and whether this could cause other financial pressures on Lyndoch.
To me, the launch of this group is significant, as I have learned that it’s incredibly difficult for people in Warrnambool to publicly question the decisions of those in authority.
People, I have learned, are often fearful to speak up individually.
Strength, however, lies in numbers and a unified voice.
Whether this group succeeds as a unified voice now hinges on how many people are prepared to stand alongside them as they speak up on behalf of the community.
Board silent as resignations within Lyndoch finance roll on
An architectural drawing of the planned $22 million medical clinic at Lyndoch Living that is raising red flags within its financial dept. Image: Marchese Partners.
Carol Altmann – The Terrier
I have learned that two staff – including a senior staff member – within the finance area of Lyndoch Living resigned today.
Another two resigned earlier this month.
In light of the legal precautions I must operate under when reporting on Lyndoch Living, you can make of that what you will.
But these resignations follow the former Acting Chief Financial Officer Allan Conway notifying the Lyndoch CEO Doreen Power of his serious concerns regarding the financial viability of a proposed $22 million medical clinic.
Mr Conway, who finished his 12-month contract in March, last night went public with those concerns.
Based on the information available to him, he does not support the medical clinic as proposed.
As a citizen, he holds fears for the future of Lyndoch Living.
And now the resignations from the inside keep coming.
When does this become a full blown crisis?
We have heard nothing from the board, who are chosen to represent the community that owns Lyndoch Living.
We have heard nothing from the chair, hairdresser and former Warrnambool City Councillor, Sue Cassidy.
We have heard nothing from the vice chair, the CEO of MPower Kerry Nelson.
We have heard nothing from the treasurer, Sinclair and Wilson accountant Kane Grant, who – surely – must be taking another, closer look at the numbers.
And we have heard nothing from any of the remaining five board members: Prof Rob Wallis, Andrew Paton, Ron Page, Suzanne Coulson and Lorraine Mielnik.
We have no independent members of Lyndoch who can speak on our behalf, as nobody outside of the board or Lyndoch has been accepted as a member in the past 18 months, and that includes our now Mayor Vicki Jellie AM.
In summary, the community has lost control of Lyndoch Living by stealth, aided and abetted by those who have blocked any involvement at every turn.
The consequences of that exclusion and obsequiousness are now, I fear, becoming clear.
I keep asking the questions in the public interest and below are the ones I sent last Friday lunchtime so the Lyndoch CEO and board knew what was going to be published Sunday night and had every opportunity to respond.
They have chosen not to.
In the face of this silence, I can only keep raising the alarm and hope that the community decides it has had enough and a group of community representatives demand the board hold an emergency meeting, with a full report back to the community they serve.
Email Friday 16 April, 1.25pm:
Dear Lyndoch Media Unit, Ms Power and board members,
I am writing to offer the opportunity for comment on the following matters for a piece I am preparing to publish this Sunday night.
I have received confirmation that the immediate former Chief Financial Officer of Lyndoch Living, Allan Conway, does not support the construction of the proposed Medical Clinic at Lyndoch Living and that Mr Conway has expressed his concerns directly to the CEO.
Further, in his capacity as a private resident of Warrnambool, Mr Conway has also expressed a broader concern over Lyndoch’s future viability.
Given the seriousness of a CFO raising such concerns and the governance responsibilities of Lyndoch Living, my questions to the CEO, to the board chair and to the board treasurer are as follows:
1. Has the CEO notified the board of Mr Conway’s concerns in writing?
2. Has the CEO notified the Department of Health and Human Services Victoria of Mr Conway’s concerns in writing?
3. Has Mr Conway been contacted by the CEO and the board in response to his concerns and to discuss them further?
4. What action/s does the CEO and board intend to take in response to Mr Conway’s concerns?
5. Given the limited surplus funds of Lyndoch Living, can the board outline where the funding is coming from for the $22 million Medical Clinic project?
6. Is the board comfortable with the level of risk associated with the Medical Clinic project?
7. Has a complete business plan been prepared and presented to the board for the Medical Clinic project?