Aboriginal community tension in Victoria's north amid health board division
Mallee District Aboriginal Services will re-run its annual general meeting amid governance concerns. (ABC News: Tyrone Dalton)
In short:
An Aboriginal community-controlled organisation will re-run its board election.
Questions have been raised over the previous board election process in November.
What's next?
Victoria's peak body for Aboriginal community-controlled organisations will attend the reconvened meeting to ensure compliance.
An Aboriginal corporation in Victoria's north has found itself at the centre of accusations of poor governance and desperate tactics to keep newly elected directors from forming its board after a failed annual general meeting.
The rift between members and at least one former member of Mallee District Aboriginal Services (MDAS) has raised questions about whether the organisation followed the Corporations Act at a November 29 meeting and adhered to proper process regarding nominations for board positions and proxy votes.
At the AGM, a new board and chair, Nikita Hart, was elected.
However, MDAS said the meeting was invalid and the former board still governs.
A letter from lawyers acting for the Aboriginal service and sent on behalf of the organisation's chair, Aunty Jenene Murray, said MDAS would reconvene the meeting and re-run the director elections on February 14.
"There were also reports of conduct during the meeting that interfered with and disrupted the orderly running of the AGM," Ms Murray and MDAS said in statements.
"This does not mean that any particular outcome was wrong, or that the same directors could not be elected again," Ms Murray said.
"Rather, it means that the process itself needs to be re-run in a clear, calm and constitutionally compliant way."
Some members contend the votes for director roles were valid, and the company secretary oversaw the process as a returning officer.
MDAS is one of 34 Aboriginal community-controlled health organisations across Victoria tasked with providing health and social services to First Nations people.
The situation has led peak body Victorian Aboriginal Community Controlled Health Organisation (VACCHO) to confirm it will be at the re-run AGM on February 14.
Australian Charities and Not-for-profit Commission records show MDAS Limited is overdue on reporting its 2024 financials and is due to present its 2025 documents next month.
Whistleblower questions termination
Sharon Johnson, a former MDAS board member who led a protest outside its Madden Avenue, Mildura, headquarters this month, said the region's Aboriginal community had raised concerns with her about the way the organisation was being run.
The MDAS board revoked Ms Johnson's membership for bringing the organisation into disrepute.
Sharon Johnson had her membership of MDAS revoked. (ABC News: Tyrone Dalton)
A letter from the company secretary to Ms Johnson on October 29 stated the board had "unanimously" decided to expel Ms Johnson as a member of the organisation.
"My membership was removed or revoked, not by choice. It was forced on me because of my involvement in supporting the community,"Ms Johnson said.
"A number of us got together and talked about how we might as a community … come together and support each other to try and utilise the rule book, the Corporations Act, to seek some answers."
MDAS said it followed the proper process when its board revoked Ms Johnson's membership.
Ms Johnson was a board member at MDAS when it was investigated by the Independent Broad-based Anti-Corruption Commission (IBAC) over misconduct and corruption claims at the organisation.
Operation Isabella ultimately did not find corrupt conduct and concluded the investigation in late 2021, clearing MDAS of wrongdoing.
The rift at Mallee District Aboriginal Services has raised questions about director elections. (ABC News: Tyrone Dalton)
As part of that investigation, IBAC noted there were "risks of conflicts of interest and favouritism in community service organisations".
This week, Ms Johnson said she would refer the current allegations against MDAS to IBAC.
Rift over directors' roles
MDAS member Nikita Hart ran for a director role at the November meeting and told the ABC she was elected chair afterwards, but had been unable to take up the position.
"The AGM was valid, and I am being denied access to act in my role as chair,"she said.
"I reject all outrageous claims from MDAS lawyers and the former chair, Jenene Murray," she said.
An MDAS and Jenene Murray statement said there were "genuine concerns about the integrity of the ballot process" because the vote could not be done in a "consistent or controlled manner".
"In these circumstances, the most appropriate and fair response is to reconvene the AGM and conduct the relevant business again," Ms Murray said.
"Doing so ensures that all members have confidence that the process is sound, transparent and inclusive, and that the outcome is beyond question."