Brimbank Council Meeting No. 633 21 May 2024

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12.9

Brimbank Arts Advisory Committee - Terms Of Reference

12.9

Brimbank Arts Advisory Committee - Terms of Reference

Directorate

Community Wellbeing

Director

Lynley Dumble

Manager

Rose Bruhn

Attachment(s)

1. Brimbank Arts Advisory Committee Terms of Reference

April 2024 [

12.9.1

- 5 pages]

2. Brimbank Public Art Selection and Approval Process

[

12.9.2

- 5 pages]

Purpose

For Council to consider the draft Brimbank Arts Advisory Committee (BAAC) Terms of

Reference (TOR) and adopt its use for the next iteration of the committee.

Officer Recommendation

That Council:

a. Adopts the revised Brimbank Arts Advisory Committee Terms of

Reference at Attachment 1 to this report

b. Approves the recruitment through an Expression of Interest process, of

arts sector and community members to the Brimbank Arts Advisory

Committee members for a two-year period.

Background

The Brimbank Arts Advisory Committee (BAAC) brings arts sector expertise to help the

Council envisage and develop creative projects in line with the Arts and Cultural Strategy

2024-2028. Committee members act as cultural champions, discussing community

needs and issues, advocating for the arts, providing feedback and aiding in the

dissemination of relevant information.

BAAC has been supporting Council with advice relating to Arts and Culture projects for

more than 10 years. During this time, BAAC’s scope has been reviewed and adjusted to

align with the expanding remit of Council’s Arts and Culture offering. The opportunity to

revise BAAC’s Terms of Reference (TOR) arises every two years when each iteration of

the Committee concludes its tenure.

The current revision aims to strengthen and clarify the advisory role of the committee

and empower its members as cultural champions for Brimbank.

Matters for Consideration

Analysis

In developing the revised TOR, Council officers benchmarked against several Western

Metropolitan councils. The revised TOR clarifies the committee's role and emphasises its

advisory, rather than decision-making, function. This reiterates the committee's function

and authority.

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Another proposed change to the committee's structure is an increase in the number of

committee members from 12 to up to 15. This increase is intended to provide the

committee with greater breadth and expertise. It also allows for the formation of

subcommittees for specialised projects, such as Public Art commissioning (process as per

attachment). While the sub-committee function is retained from the previous TOR, it was

previously not enacted due to the smaller membership.

Revised TOR for the BAAC that reflect these changes are documented in

Attachment 1

.

Related TOR for BAAC sub-committee for commissioning and selecting public art are

documented in

Attachment 2

.

Implementation

If the draft TOR are adopted at the Council meeting, Council officers will proceed with an

Expression of Interest process to establish the committee. The selection of community

committee members would occur in mid-July, with a proposed date for the first meeting

set for late July to early August 2024. The current Councillors on the committee would

continue in their role for this meeting. This introductory meeting would be an

opportunity for new members to meet and become better acquainted with current Arts

and Culture delivery. It would occur prior to the caretaker period and not involve Council

in any new programs or commitments.

In the next term of Council, Councillor appointments to the Brimbank Arts Brimbank Arts

Advisory Committee will be made as part of the appointment of Councillors to Advisory

Committees.

Community Engagement

The revision of the TOR began with an engagement session involving community

members from the previous iteration of BAAC. While these members praised the

Council's commendable work in arts and culture, they also expressed frustration

regarding some members' attendance at meetings and the frequent lack of quorum,

which led to meetings being postponed or cancelled. They recommended establishing a

means for meetings to proceed regardless of attendance numbers, feeling their

opportunity to provide advice had been somewhat restricted. The revised TOR allows for

meetings to proceed without a quorum as a quorum will only apply to items on the

agenda that require a recommendation to Council.

If the TOR is adopted, the next phase of community engagement will involve establishing

the committee. This process will invite community members with expertise in the arts

sector to apply for committee membership. Ideally this membership would include

diversity and a breadth of experience in different areas of the arts sector such as visual

and digital arts, public art, theatre and performance, community art and arts

administration. Successful applicants will then serve on the BAAC for a two-year term,

providing ongoing community engagement and advice in the development and

governance of creative projects in alignment with the Arts and Culture Strategy for

2024-2028.

Resource And Risk Implications

Resourcing for BAAC is provided in the Arts and Culture operating budget.

Community:

potential impact on community, including public trust and customer

service impact

• Yes - There is a reputational risk if the Arts Advisory Committee does not proceed. The

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committee plays a central role in incorporating the community's voice into Arts and

Culture programming. Some art programs may be challenging and occasionally cause

community concern. The committee serves as an important mechanism to ensure

community perspectives and sensitivities are considered in programming.

There are no environmental, financial, regulatory or safety risks.

Legislation/Council Plan/Policy Context

This report supports the Council Plan 2021-2025 strategic directions and objectives of:

1. People and Community - A welcoming, safe and supported community - an

inclusive place for all

• Pride and Participation: community and cultural connections built through social and

artistic expression.

2. Places and Spaces – Liveable and connected neighbourhoods that support

healthy and sustainable futures – a green place for all

• Liveable and connected – inviting and liveable spaces and facilities

This report complies with the draft Arts and Culture Strategy 2024 -2028.

Council officers contributing to the preparation and approval of this report, have no

conflicts of interests to declare.

Page 1 of 5

Brimbank Arts Advisory

Committee

Terms of Reference

1 Purpose

The purpose of the Brimbank Arts Advisory Committee (the Committee) is to provide arts

sector expertise to help the Council develop and govern creative projects in accordance with

the Arts and Culture Strategy 2024-2028. Committee members act as cultural champions

and engage in discussions on community needs and issues, advocate for the arts, offer

feedback and disseminate information.

2 Objectives

The Committee’s objectives are to:

a. Ensure creative strategies undertaken by the Council through this Committee have

expert arts sector and community input.

b. Build connections between Council and the community regarding creative projects.

c. Provide strategic input to policy development in relation to Brimbank’s creative

sector, when required by Council.

d. Raise community and arts sector awareness about the work being undertaken by

Council in the creative arena.

3 Extent of Authority

3.1 The Committee acts in an advisory capacity to Council and is not a committee established

by Delegated Committee in accordance with section 63 of the

.

3.2 The Committee does not exercise any power of Council.

3.3 The Committee has no power to commit Council to any decision or action.

3.4 The Committee has no power to direct Council officers in their duties.

3.5 Brimbank City Council hereby establishes the Brimbank Arts Advisory Committee (“the

Committee”) and delegates the duties, responsibilities and authorities described below to

the Committee.

3.6 The Committee, which includes experts from the arts sector, contributes strategic thinking

to the Council through its advisory capacity.

3.7 The Committee has no power to commit Council to any decisions or actions or to direct

Council officers in their duties.

3.8 The Committee shall be established for a period of 2 years.

3.9 These terms of reference apply to the Committee only. References in this document to

‘the Chairperson’ are to the Committee Chairperson.

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Attachment 12.9.1

Terms of Reference

Governance

2022

21/45458 – Page 2 of 5

The input and advocacy of the Committee may be broad but its interests include:

•

Council strategic documents

•

Public art commissions

•

The Brimbank City Council Art Collection

•

The Bowery Theatre

•

Arts programming and projects across all Council venues including neighbourhood

houses, libraries, community centres and galleries.

4 Committee Behaviours

4.1 The Committee will be guided by Council's values and behaviours:



We act with Integrity



We find Better Ways



We are Respectful



We work Together.

4.2 All members are required to refrain from bullying and harassment.

4.3 All members must engage in behaviours that are respectful, tolerant, courteous and

collaborative.

4.4 Committee members who are Councillors will comply with the Councillor Code of Conduct.

4.5 Committee members who are staff members of Brimbank City Council will comply with the

current employee Code of Conduct while performing duties as committee members.

Members who are not staff members or Councillors are required to meet the standards of

Committee behaviours in this section and are further required to keep all information that

is provided as a consequence of their membership in the Committee confidential.

4.6 The Chair has the ability to remove members from a committee meeting or revoke

membership of the committee if they deem any non-staff or non-Councillor member is

engaging in behaviours that do not meet the required standards.

4.7 The Chief Executive Officer has the ability to remove any non-Councillor member from this

committee where it is believed that a member is engaging in behaviours that create a risk

to the health and safety of other members.

5 Conflicts of Interest

5.1 The Committee will recognise that members will have different obligations and methods of

disclosure under the

and the Brimbank Governance Rules.

5.2 Committee members must disclose any General or Material Conflicts of Interest prior to

their appointment, and on an ongoing basis, in accordance with the

and the Brimbank Governance Rules.

5.3 Committee members will disclose to the Committee at, or before, each meeting if they

have disclosed any Conflict of Interest in accordance with their obligations under the

or the Brimbank Governance Rules in relation to any matter to be

discussed in the agenda at that meeting and identify the relevant item of the agenda for

which the Conflict exists.

5.4 A Committee member who is not a relevant person under the

will

disclose any potential or perceived conflict of interest to the Chair on appointment to the

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Attachment 12.9.1

Terms of Reference

Governance

2022

21/45458 – Page 3 of 5

Committee and on an ongoing basis and identify the relevant item of the agenda for which

the Conflict exists.

5.5 Committee members must absent themselves from discussions in relation to matters

which they have disclosed a conflict of interest.

6 Membership

6.1 The Committee will comprise:

•

8-12 Representatives of arts sector stakeholders and community members

•

1 Brimbank City Councillor (who will act as Chair)

•

Up to 2 additional Brimbank City Councillors

•

Director Community Wellbeing (ex-officio)

•

Manager Community Learning and Participation (ex-officio)

•

Brimbank City Council Arts and Culture Coordinator (ex-officio)

•

Brimbank City Council Visual & Public Arts Senior Officer (ex-officio).

6.2 The Council officer positions do not hold voting rights.

6.3 The Chair, in consultation with the Committee, may co-opt additional members on an ex

officio basis where specific skills or experience will assist the work of the Committee.

6.4 Members are free to resign from the Committee at any time. In the event of a resignation

during the term, the Director Community Wellbeing will have the delegated authority to

review applications from an Expression of Interest process and appoint a new member for

the remainder of the term.

6.5 Each member of the Committee is selected for their individual expertise and not as an

advocate for any group or organisation.

6.6 The Chair, in consultation with the Committee, may co-opt additional Council staff, guest

Consultative bodies and other professionals to attend meetings to present, or respond to,

agenda items on an ex-officio basis only for the purpose of providing relevant information

and advice on matters being considered by the Committee.

6.7 The Committee may establish working groups (sub-committees) to help fulfil its purpose.

Members of working groups will be appointed by the Committee and can be drawn from

the Committee, from Council, third party organisations, industry experts or other

com.munity members.

7 Recruitment

7.1 Council will appoint Councillor representative/s to the Committee and determine the Chair

7.2 The Director of Community Wellbeing will appoint other members to the Committee, and

fill vacancies as they arise

7.3 Appointments will be reviewed annually, or as needed.

8 Procedures

8.1 The Committee will be led by a Chair, whose role is to:

•

Ensure meetings are scheduled and committee members are notified

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Attachment 12.9.1

Terms of Reference

Governance

2022

21/45458 – Page 4 of 5

•

Invite specialists to attend meetings as required

•

Guide the meeting according to the agenda and time available

•

Ensure all discussion items end with a decision, action or definite outcome

•

Review and approve the agenda and draft minutes before distribution.

•

.

9 Meetings

9.1 A minimum of three 90-minute meetings of the general committee during the calendar

year.

9.2 The Chairperson will decide if additional general meetings, or project specific sub

committee meetings, are required for the Committee to fulfil its duties.

9.3 Meetings will be held after usual business hours, unless otherwise agreed to by the

Committee.

9.4 A meeting schedule will be determined at the first meeting.

9.5 The location of meetings will be determined by the Committee.

9.6 Council will provide administrative support to the Committee for the purpose of:

•

convening meetings, i.e. booking meeting rooms and arranging invitations

•

preparation and distribution of agendas and minutes

•

minute taking

•

Ensure meetings are scheduled and committee members are notified

•

Invite specialists to attend meetings as required.

9.7 If the Chair is not able to attend a meeting they will delegate the role of Chair to one of

the Councillor members or Director Community Wellbeing.

Minutes and Agendas

9.8 Agendas will be distributed one week prior to the meeting.

9.9 Minutes will be distributed within one week of the meeting being held.

9.10 The Committee will be required to endorse the minutes as a true and accurate record at

the commencement of the next meeting.

Quorum

9.11 A quorum of the Committee is 50% of the members plus 1. A quorum is required for

matters making recommendations to Council. For a recommendation to be adopted at

least 50% of the quorum vote in favour of the recommendation. In the event of an equal

number of votes the Chair shall have the casting vote.

Absences

9.12 Committee members must advise the Chair or Council officer if they are unable to attend

a meeting.

9.13 If a Committee member is absent for three consecutive meetings without notice or

justifiable reason, the Chair, in consultation with the Committee, will review, and may

cancel, their membership.

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Attachment 12.9.1

Terms of Reference

Governance

2022

21/45458 – Page 5 of 5

Attendance by non-members

9.14 Meetings are not open to the public.

9.15 Non-members may attend at the invitation of the Chair.

10 Confidentiality

10.1 From time to time the Committee may discuss or be provided with material that must

remain confidential. Such items and discussions will be identified at the time. All

Committee members will be required to maintain confidentiality.

10.2 The Chair of the Committee is the media spokesperson.

11 Committee Member Entitlements

11.1 Participation in the Committee is on a voluntary basis for all members of the public.

11.2 Committee members are not entitled to be remunerated for their time/Committee

members will be reimbursed for necessary out of pocket expenses incurred while

performing duties as a committee member, with such reimbursements to be made in

accordance with Brimbank City Council policy and guidelines.

11.3 Staff members are entitled to be remunerated for their time spent on Committee activities

as per their current employment agreement.

11.4 Councillors are able to claim expenses in accordance with Brimbank's expense policy. Any

expenses claimed by Councillors in their capacity as Committee members will be reviewed

by Council’s Audit and Risk Committee and reported publicly.

12 Review

12.1 The Terms of Reference will be reviewed and adopted by Council.

12.2 The Committees performance and compliance with its Terms of Reference will be subject

to review by Brimbank City Council and the completion of a self-assessment program

including:

•

Obtaining feedback on the Committees; performance and operations form members

•

Assessing the performance of the Committee against its Terms of Reference.

13 Schedule - Documents Incorporated by Reference

13.1 Committee members will comply with the policies and protocols included in the

Documents Incorporated by Reference.

▪

Brimbank City Council Employee Code of Conduct

▪

▪

Brimbank Governance Rules

▪

Arts and Culture Strategy 2024-2028

▪

Festivals and Events Policy and Strategy 2022-2025

▪

In the Public Interest: A conflict of interest guide for councillors, delegated committee

members and council staff

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Attachment 12.9.1

1

PUBLIC ART GOVERNANCE MODEL

The commissioning of each new major Public Artwork requires the establishment of two

committees:

•

A Public Art Advisory Panel (PAAP) which is a subcommittee of the Brimbank Arts

Advisory Committee (BAAC)

•

A Project Working Group (PWG) made up of Council staff.

The PAAP

reviews artists’ applications in line with the selection criteria, shortlists candidates

and makes recommendations to Council about the preferred project.

Membership includes 1-2 Councillors from BAAC and 2-3 Arts Sector members from BAAC with

relevant expertise. This includes an understanding of art in the public domain, experience in

working with community and community groups and/or demonstrated interest/experience in

public or visual arts.

Council Officers on the PAAP will include the Visual and Public Art Senior Officer and Arts and

Culture Coordinator. Depending on the project, additional representatives from other Council

Departments may be required such as Parks and the Public Realm, Urban Design, Community

Safety or Leisure and Community Facilities.

Similarly, specific projects may require 1-2 community stakeholders if they hold a particular

connection to the project or site.

The PWG

focuses on the overall delivery of the project, not just the public art. This committee

focuses on additional considerations such as access, materiality and maintenance.

The PWG may include relevant stakeholders from other Council departments such as Traffic

and Transport, Engineering, Project Management, Urban Design, Arts and Culture, Leisure

etcetera.

Review, Assessment, Recommendation Process:

See flowchart overleaf

Approvals Process:

1. Memo sent to Manager - Community Learning and Participation for approval (works less

than $20,000)

2. Memo and Procurement Plan to Strategic Procurement for endorsement, to Manager

Community Learning and Participation for endorsement, then to Director for approval

(works greater than $20,000)

3. Public art commissions valued at $250,000 and above shall adhere to established

Procurement guidelines, necessitating either a Public Tender or a Selective Tender,

thereafter complemented by an Expression of Interest (EOI) process as delineated

within the document.

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Attachment 12.9.2

2

Public Art Advisory Panel public art selection process

The Visual and Public Art Senior Officer invites and

Invite and commission shortlisted artists to prepare concepts

commissions shortlisted artists to prepare concepts

Shortlisted artists present their final design to PAAP

The Visual and Public Art Senior Officer circulates the shortlisted proposal to PWG for technical advice and comment. Once technical issues addressed preferred artist project is

recommended to Senior Management for final sign off

Final email sent by Visual and Public Art Senior Officer to PAAP and PWC confirming final approval by Senior Management

Visual and Public Art Senior Officer prepares artist brief based on information from Project Working Group (PWG) and community consultation. The artist brief can either be an open,

limited invitation or direct appointment, depending on the requirements of the project. PAAP and PWG to provide feedback on the brief via email.

If the Open EOI

method is chosen, the Visual and Public Art

Senior Officer works with Procurement to advertise an

Expression of Interest (EOI). The Arts and Culture Coordinator

and Visual and Public Art Senior Officer create an initial short

list based on the assessment criteria (no more than 20). This

shortlist is then assessed by members of PAAP against the

criteria. The top scoring 3-4 applicants are discussed and

recommended for advancement to the next stage.

If limited invitation

method is chosen, the Visual and

Public Art Senior Officer will assemble a list of artists with

particular expertise or relevance to the project or site and

present them to PAAP for approval. The top scoring 3-4

applicants are discussed and recommended for

advancement to the next stage.

Public Art – Major Commissions

($20,000 - $250,000)

PAAP prioritise artists’ projects using selection criteria.

Present project to Senior Management for

endorsement to seek State Government

procurement exemption (if required)

The Visual and Public Art Senior Officer sends a Memo and Procurement Plan to Strategic Procurement for endorsement, then Manager, Community Learning and Participation for

endorsement then Director for approval.

If direct appointment

method is chosen, the

Visual and Public Art Senior Officer and the Arts

and Culture Coordinator will present artist to PAAP

for initial approval.

Invite and commission shortlisted artist to prepare

final design to PAAP

Artist presents design to PAAP

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Attachment 12.9.2

Draft Terms of Reference Public Art Advisory Panel

The Public Art Panel is a subcommittee of the Brimbank Arts Advisory Committee (BAAC) and

operates under the BAAC Terms of Reference in addition to these subcommittee guidelines.

1. Purpose

The Public Art Advisory Panel’s (PAAP) purpose is to

Contribute to discussion and advise on permanent capital works public art commissions, providing

advice on:

•

commissioning processes following Brimbank City Council procurement guidelines and one

of these processes

-

Open/ EOI - advertise an EOI first, then shortlist

-

Limited invitation - shortlisting up to 3 artists

-

Direct appointment - commissioning a selected artist for specific reasons

•

review of artist brief and documentation

•

proposals for artists to be shortlisted where required

•

artist selection for public art commissions

2. Membership, Term of Appointment

Membership consists of Council Officers, Councillors, BAAC members with relevant expertise and

optional additional community members.

•

1-2 Councillors (from BAAC)

•

Arts and Culture Coordinator

•

Visual and Public Art Senior Officer (if not coordinating the public art project)

•

Internal Council representative (optional)

•

2-3 BAAC members with public art experience or understanding/knowledge

•

1-2 Community stakeholders (optional)

The terms of appointment are for the duration of the Public Art Project or until the end of the

member’s tenure on the Brimbank Arts Advisory Committee.

Recommendations of the PAAP are by consensus. Determining a consensus position may involve a

committee vote. All members of the committee have the right to vote except for Council’s Visual

and Public Art Senior Officer if they are coordinating the public art project. The Visual and Public

Art Officer may vote if they are not responsible for coordinating the public art project. In the event

of an equal number of votes the Chairperson shall have the casting vote. All members represent

the community interest or provide advice on their area of expertise and do not represent individual

or sectional interests.

In line with the BAAC Terms of Reference this committee has no power to commit Council to any

decisions or actions, or to direct Council officers in their duties. The purpose of the vote is to clarify

the PAAP’s position in making recommendations to Council. Council will ultimately determine the

matters having regard to the advice of the Panel.

All members will be required to complete Confidentiality and Conflict of Interest forms to be a

member of the PAAP.

3. Limitations of Authority

The Panel has no authority to:

•

Expend moneys on behalf of Council

•

Commit Council to any arrangement

•

Consider any matter outside these terms of reference

•

Direct Council officers in the performance of their duties.

4. Meetings

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Attachment 12.9.2

TOR for Public Art Advisory Panel (draft)

The Panel shall meet up to eight times a year of up to two hours duration, to coincide with timing

of Council’s public art projects or related projects.

Information including documents may be exchanged by email communication.

5. Administration. Agendas and Minutes

All secretariat tasks for the Panel will be undertaken by Council’s Visual and Public Art Senior

Officer. Chairperson duties for meetings will be performed by a Councillor.

Agendas and minutes of previous meetings shall be forwarded to members at least five working

days before the meeting.

6. Volunteers

Committee members other than Council staff are volunteers.

7. Process for Public Art commissioning

8. Definitions

Key terms

Definition

Public Art

Public art is a place-based creative practice – an evolving and

creative conversation between artists and the wider community

about and for shared public places. Public art processes may

produce permanent or temporary artworks, including

participatory and event-based outcomes. Artworks can form a

PWG

consultation and information gathering

- Visual and Public Art Senior Officer lead

Community consultation

: via appropriate approach (e.g. survey, workshops, forums etc.)

- Visual and Public Art Senior Officer and relevant PWG members, Comms,

Community Strengthening or by utilising external consultants

Collate Information and write draft brief

- Visual and Public Art Senior Officer

Conduct Artist Research for limited invitational model

- Visual and Public Art Senior

Officer creates shortlist of potential artists, or

Shortlisting for open EOI model

- Visual and Public Art Senior Officer initial evaluation

PWG

provide feedback on draft Artist Brief and shortlisted artists if required

PAAP

provide feedback on draft Artist Brief, propose commission method and shortlisted

artists - Visual and Public Art Senior Officer

Finalise Artist Brief and shortlisted artists (limited invitation), advertise or invite Artists

(open EOI)

to provide concept depending on method (if required) following consultation

with PAAP - Visual and Public Art Senior Officer

PWG

oversees design and delivery of the public art project. (Visual and Public Art Senior

Officer leads public art project)

PAAP

attends concept presentation and provides advice and recommendations on artist

selection - PAAP and Visual and Public Art Senior Officer

Preparation of

brief and artist

shortlisting

Advertise or

Invite Artist

PAAP Review

PAAP advice

Artist Selection

Appointment of

Artist/ Project

Delivery

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Attachment 12.9.2

TOR for Public Art Advisory Panel (draft)

part of the infrastructure of the physical built environment, or

they can form a part of community engagement processes and

cultural programs.

Council officer

Means the Chief Executive Officer and staff of Council appointed

by the Chief Executive Officer.

PAAP Subcommittee

A subcommittee of the Brimbank Arts Advisory Committee

(BAAC)

Open Expression of

Interest (EOI)

Open call for artists to express an interest in a public art project.

Art industry standards propose that artists can be asked for a

CV, a short response to the brief, examples of previously

completed commissions and other relevant work.

Limited invitation

A limited invitation invites a selection of artists to respond to a

brief. There is no Expression of Interest process for this

commissioning model.

Direct appointment

The Visual and Public Art Senior Officer, in consultation with

PAAP and the PWG will directly appoint an artist for a particular

site or project if there is a strong rationale.

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Attachment 12.9.2