Orange Local Aboriginal Land Council members reject board's proposed governance review
One of the largest local Aboriginal land councils in New South Wales has initiated a review of its governance as it battles allegations of nepotism and intimidation.
But members of the Orange Local Aboriginal Land Council (OLALC) have slammed the proposed probe, telling regulators it lacks transparency and sidelines them in their own complaints process.
The review's rejection is the latest escalation between the OLALC's executive and its membership, and comes as the council's treatment of its members is under increasing scrutiny.
It was announced last month at a heated extraordinary council meeting which culminated in an alleged verbal stoush between former OLALC board member Danielle Annesley and council chair Jamie Newman.
Police have confirmed three people lodged reports against Mr Newman after the May 15 meeting, including Ms Annesley.
The alleged confrontation occurred when Ms Annesley, an Aboriginal client community support officer on the OLALC board for 16 months, handed in her resignation as the meeting ended.
She told the ABC she had become increasingly anxious about her role on the board.
"I didn't think I'd get off so soon but I just feel it's a losing battle," she said.
Ms Annesley said she had received a legal letter accusing her of "allegations without basis" after she raised concerns about nepotism at a February board meeting.
"I found that really intimidating so I didn't attend the last two [board] meetings in person," she said.
"I [attended] on Teams."
Ms Annesley said she felt she had to report to police Mr Newman's alleged comments to her at the meeting.
"He said, 'I know where you live,'" she said.
Asked about the meeting, Mr Newman denied making the remark, although he said that given the chance he would do things differently.
"I did not say those things," he said.
"It might have got out of hand, I'd agree with that. It was a very emotional moment."
CCTV footage of the venue appears to show a verbal confrontation between the pair before others intervene.
Mr Newman said the CCTV showed he was defending himself.
"I don't believe what I did was unsafe," he said.
The OLALC has been grappling with a crisis after a petition by members flagging serious conduct concerns was lodged with the board and the NSW Office of the Registrar in April.
Mr Newman said the registrar, who oversees land council complaints, had informed him the members' petition lodged in April was "invalid" because the registrar did not have the power to stand down executive staff.
He said representatives of peak body, the NSW Aboriginal Land Council (NSWALC), explained that to members at the meeting which he believed was when it went off the rails.
"The state body made it quite clear that their claims of the vote of no confidence, of the removal of the chairperson, the CEO and one of our positions within the organisation, were invalid," Mr Newman said
"NSWALC made it quite clear on the night … and people didn't like it.
"When people are upset and people are not happy with what's going on, then you're going to find a lot of emotion in the room."
But petition organiser Jason French said he had had no communication from the registrar or NSWALC, other than a direction to lodge it with the board.
"We'd followed the process correctly."
He said the lack of regulatory action had shaken the trust members placed in adjudicators NSWALC and the Office of the Registrar given the nature of their allegations.
"There's been no accountability by any peak body in terms of addressing these concerns," Mr French said.
"They just don't seem to be taking it seriously."
The review, led by Reay McGuiness of law firm Webb Henderson, is expected to take six to 12 weeks, with the final report going to OLALC's board before copies are made available for NSWALC, the registrar and the Minister for Aboriginal Affairs.
Mr French said he had concerns about the review's independence since OLALC executive staff at the centre of the original complaint had also selected the reviewer.
"They're just appointing who they want, asking what questions they want to get the response they need to justify what they're doing," Mr French said.
"It's not being accountable to the members."
Mr Newman disagreed.
"We're the only land council in this country — or any Aboriginal organisation — that's initiated an internal review of our operations.
"[It will] air all those concerns of the members and recommendations to us about how we move forward."
However, the members' rejection of the review in a letter to the board and regulator casts doubt on the future of the process.
"The independent governance review team is working for the OLALC board to get the best possible result for them against the OLALC members," the letter stated.
"Moving forward, the members request an independent forensic audit and to be part of the decision-making process."
NSWALC and the registrar declined to comment.
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