Victorian Indigenous community elects two directors to MDAS despite court action
The rift at Mallee District Aboriginal Services has raised questions about infighting. (ABC News: Tyrone Dalton)
In short:
Members of the Mallee District Aboriginal Services (MDAS) in Victoria's north have elected Nikita Hart and Tanya Smith to its board in a re-run of its failed November general meeting.
The Aboriginal Controlled Community Health Organisation filed a Supreme Court action against the women over the result of the November director elections, which saw the women elected to the chair and deputy chair roles.
What's next?
Mallee District Aboriginal Services (MDAS) has yet to say whether it will withdraw the legal action against the women.
An Aboriginal organisation in Victoria's north has voted in a new board in a re-run of its failed November general meeting, electing two directors the service is currently fighting in court.
Nikita Hart and Aunty Tanya Smith were in the Victorian Supreme Court on Friday to fight a civil claim brought by Mallee District Aboriginal Services (MDAS) to have their positions as board members and November appointments as chair and deputy chair marked invalid.
But on Saturday, Ms Hart and Ms Smith were elected by the organisation's members to the board along with James "Jock" Peterson, Swan Hill member Stephanie Charles and returned director Mark Morgan.
MDAS members have called for authorities to audit the organisation. (ABC News: Tyrone Dalton)
MDAS granted delay in Supreme Court case
Court documents show MDAS claimed ongoing disruptions by members at its November meeting meant it could not be held properly, and some members allegedly hurled racially vilifying comments at the organisation's former chief executive officer, Perlin Simon, and accused her of misappropriating funds.
It also alleged that reports by the chair and chief executive could not be read aloud or tabled, and that a recount of the votes would have meant that Robinvale's Thelma Chilly would have taken Ms Smith's place.
On Friday, MDAS asked the Supreme Court to adjourn the matter to next month, despite the rescheduled general meeting taking place the next day.
Ahead of Friday's hearing, Ms Hart told the ABC that she had been quoted between $20,000 and $70,000 to fight MDAS at the Supreme Court.
Mallee District Aboriginal Services has yet to say whether it will withdraw court actions against two members elected again to its board by members. (ABC News: Chris Le Page)
The documents lodged with the court show MDAS also wants Ms Hart and Ms Smith to pay its court costs.
No interim orders barring Saturday's meeting from going ahead or removing Ms Hart and Ms Smith as chair and deputy chair, respectively, were made by the court.
MDAS has not yet responded to the ABC's questions about whether it will pursue the court action against the women after Saturday's board election result.
Members call for transparency and accountability
Since the failed November meeting, members and at least one former board member have accused the company of poor governance and of desperate tactics to prevent newly elected directors from forming its board.
It led former board member and respected elder, Aunty Jemmes Handy, to call for the government to take control of the embattled Aboriginal Community Controlled Organisation.
Aunty Jemmes Handy says she resigned so she could speak publicly about MDAS. (ABC News: Tyrone Dalton)
MDAS has announced it will run separate community and member forums to improve transparency and accountability about finances, operations and health services across the organisation.
The ABC understands former board members Kathy Potter and Steven Portelli resigned from the board in the lead-up to Saturday's meeting.
The fallout from the failed November general meeting has led board members to resign and MDAS members, former members and board directors to air their grievances about how the organisation is run.
The fallout has also prompted authorities within the Victorian Aboriginal Controlled Community Organisation, Department of Families, Fairness and Housing and Department of Health to get involved.
The organisation's former CEO, Ms Simon, resigned from her role in late January and the company's secretary, Jane MacAllister, also finished at the organisation last week.
The ABC is not alleging wrongdoing or misconduct by either Ms Simon or Ms MacAllister.