Governance and Finance

Objectives

Our objectives are as follows:

to manage Fremantle Prison in a commercially sustainable manner that maximises revenues that can be used for ongoing conservation actions
decision-making and reporting that is based on accurate information and expert advice
decision-making and reporting that is effective, timely, transparent, and robust in the face of public scrutiny
decision-making that is collaborative and inclusive, and which is appropriately responsive to the views of the Australian Convict Sites Steering Committee, the Department of Planning, Lands and Heritage, the Heritage Council of Western Australia and the Department of Environment and Energy
streamlined assessment and approvals processes that integrate local, state and national requirements
an efficient organisational structure that makes best use of skills and experience

Risks to Avoid

We have identified the following risks to be avoided:

The heritage values at Fremantle Prison are compromised due to poor decision-making processes.
Conservation actions at Fremantle Prison are not implemented in a timely manner because the decision-making process is cumbersome or because roles and responsibilities are misunderstood.
There is a failure to manage strategic and organisational risks.
Decisions are made that create public perceptions of mismanagement.
Insufficient revenues are generated (through private or public sources) to appropriately conserve the place’s heritage values.
Resources are deployed inefficiently with regard to the (at times) competing needs of assessed heritage values.
There is a failure to secure conservation funding to address current backlog.

Statutory Framework

Section 47 of the EPBC Act allows for the creation of a ‘bilateral agreement’ between the Commonwealth and a state where this will ensure ‘an efficient, timely and effective process for environmental assessment and approval of actions’. Such a bilateral agreement was entered into in 2014 for a specifically defined range of actions. Where an action may trigger the EPBC Act referral process, Fremantle Prison should consult with the Australian Department of Environment and Energy to ascertain whether or not the referral process may be governed by the 2014 bilateral agreement.

Relatedly, Schedule 5 (Reg. 10.01) of the Environment Protection and Biodiversity Conservation Regulations 2000 states that a HMP for a World Heritage property should: ‘promote the integration of Commonwealth, state or territory and local government responsibilities for the property’.

Schedule 5 (Reg. 10.01) of the Environment Protection and Biodiversity Conservation Regulations 2000 includes the management principles that apply at places on the WHL. These include: ‘The management should provide for public consultation on decisions and actions that may have a significant impact on the property’.

Schedule 5 (Reg. 10.01) of the Environment Protection and Biodiversity Conservation Regulations 2000 includes the management principles that apply at places on the WHL. These include: ‘[Management planning must] provide for continuing monitoring and reporting on the state of the World Heritage values of the property’. Fremantle Prison must provide periodic reporting to UNESCO in partnership with the other Australian Convict Sites, every five years.

Schedule 5B (Reg 10.01E) of the Environment Protection and Biodiversity Conservation Regulations 2000 includes the management principles that apply at places on the NHL. These include: ‘The management of National Heritage places should use the best available knowledge, skills and standards for those places, and include ongoing technical and community input to decisions and actions that may have a significant impact on their National Heritage values’.

Fremantle Prison is bound by the provisions of the Western Australian Freedom of Information Act 1992. The Act provides Australians with a legally enforceable right of access to government documents, including those kept by agencies like Fremantle Prison. This right is based on the premise that it enhances the transparency of policy making, administrative decision-making and government service delivery. Decisions made in relation to the Prison’s heritage management will generally be accessible to members of the public upon the making of a FOI application.

Fremantle Prison must maintain records in a manner that is consistent with the Western Australian State Records Act 2000. Section 16 of the Act requires Fremantle Prison to have a ‘record keeping plan’ that will ‘ensure that the government organization properly and adequately records the performance of the organization’s functions’. The ‘principles and standards’ expected of this record keeping by the State Records Commission are presented on ‘SRC 1 – Government Record Keeping’ (February 2002).

Governance and Finance: About

Non-Statutory Framework

The UNESCO Resource Manual entitled Managing Cultural World Heritage (p. 124) requires management plans for World Heritage places to provide ‘a transparent description of how the existing system functions and how it can be improved’. This includes the establishment of a framework for making informed decisions.

The UNESCO Resource Manual entitled Managing Cultural World Heritage (p. 125) encourages decision-making that helps ‘to rationalize existing resources and facilitate funding’.
The UNESCO Resource Manual entitled Managing Cultural World Heritage encourages participatory decision-making.

Article 4.1 of the Burra Charter states that: ‘Conservation should make use of all the knowledge, skills and disciplines which can contribute to the study and care of the place’. These should inform decision-making at Fremantle Prison.

Article 6.1 of the Burra Charter states that: ‘The cultural significance of a place and other issues affecting its future are best understood by a sequence of collecting and analysing information before making decisions. Understanding cultural significance comes first, then development of policy and finally management of the place in accordance with the policy. This is the Burra Charter Process’.

Governance and Finance: About

Constraints

Actions at Fremantle Prison that may appear obvious to the layperson may sometimes need to be delayed while the advice of an expert is sought. This will sometimes be the case even where the expert advice is costly.

Opportunities

Participatory decision-making presents opportunities for relationship-building, which assists with the objective of the Australian Convict Sites Strategic Plan 2017–2020 ‘To give the Property a function in the life of the community’.

Overarching Policy Framework

POLICY 21
This HMP will occupy the uppermost tier in the hierarchy of management documents at Fremantle Prison. Where there is inconsistency between the HMP and another document, the HMP will prevail to the extent of the inconsistency.

POLICY 22
All decisions at Fremantle Prison will be made having regard to this HMP. The paramount consideration in any decision-making process will be the conservation of Fremantle Prison’s heritage values, especially its OUV.

POLICY 23
Ownership of Fremantle Prison should continue to vest in the state of Western Australia. The Western Australian Department of Planning, Lands and Heritage (and its successors) should have ongoing care and control of the place. Upon future changes to machinery of Government, Fremantle Prison should remain with the Department responsible for maintaining the WA State Register of Heritage Places, under the purview of the Heritage Council of WA.

POLICY 24
Fremantle Prison should continue to be run as a public asset, with revenues derived from its operation being re-invested in the place. At the same time, Fremantle Prison will actively seek out mutually advantageous commercial collaborations with individuals and private corporations.

POLICY 25
Fremantle Prison will continually seek to improve decision-making processes, including regulatory processes imposed by different tiers of government.

POLICY 26
Fremantle Prison should maintain a secure funding stream being a combination of admission fees, merchandising revenues, donations and government allocations and subsidies. This should include ongoing and project funding from the state and Australian governments.

POLICY 27
Fremantle Prison will continue to liaise with the Heritage Council of Western Australia to ensure an effective and appropriate balance is met between the conservation of the place’s OUV and its state heritage significance.

POLICY 28
Heritage management decisions that must go through State and local planning approvals processes must be referred to, and approved by, the Heritage Council of Western Australia.

POLICY 29
Heritage management decisions are to be made by Fremantle Prison’s Heritage Conservation Manager in consultation with relevant internal office holders and, where appropriate, external consultants.

POLICY 30
Fremantle Prison should observe a ‘good neighbour’ policy with respect to the City of Fremantle, including in relation to the West End Conservation Area and its successors. It should share information, consult with council representatives, and comply with the City of Fremantle’s Local Planning Scheme No. 4 so far as is possible having regard to the overriding obligation to conserve the place’s OUV, National Heritage values and state significance.

POLICY 31
Fremantle Prison will be managed to meet its statutory obligations, including those imposed by the EPBC Act, the Heritage of Western Australia Act 1990, the Western Australian Aboriginal Heritage Act 1972, and the City of Fremantle’s Local Planning Scheme No. 4.

POLICY 32
Decision-making at Fremantle Prison will be based on accurate information and expert advice. Decisions will be transparent and robust in the face of public scrutiny.

Proposed Action

ACTION 15
Prepare a Masterplan for Fremantle Prison that is consistent with this HMP and which gives clear direction with respect to possible future capital works projects. Use this as the basis for forward planning, including resource allocation.

ACTION 16
Continue to prepare specific conservation management strategies that are consistent with this HMP and which identify short-term and long-term capital works projects. Use these as the basis for forward planning, including resource allocation.

ACTION 17
Give consideration to the development of a Fremantle Prison Conservation Fund or other philanthropic funding mechanisms for organisations and individuals to make financial contributions to the conservation of the place.

ACTION 18
Where an action may trigger the EPBC Act referral process, initiate consultation with the Australian Department of Environment and Energy to ascertain whether or not the referral process may be governed by the 2014 bilateral agreement. In any event, observe the referrals provisions of the EPBC Act.

ACTION 19
Continue to maintain the Risk Management Framework, Risk Register and associated controls.