Elder and MDAS ex-board member calls for government to take control of embattled Aboriginal organisation

A former director of Mallee District Aboriginal Services (MDAS) says the recent vote that removed her and other board members was legitimate, and is calling for state government intervention as a re-run of the vote is scheduled for February 14.

MDAS Election Dispute

Aunty Jemmes Handy, a former director of MDAS, stated the procedures surrounding the annual general meeting and subsequent vote to elect a new chair and board members were fair. This comes as some board members, led by ousted chair Jenene Murray, dispute the vote, citing concerns about the integrity of the ballot process, alleging it was not conducted consistently or in a controlled manner.

Ms. Handy has resigned from MDAS and is seeking legal advice. In her resignation letter, she expressed sadness that the actions of others were negatively impacting the Aboriginal community.

Days before her resignation, Ms. Handy said MDAS contacted her to say the recent annual general meeting was invalid. She maintains the election was transparent and that members voted fairly to remove her and others from the board, despite disruptions from members asking questions about the company’s operations.

Ms. Handy said those questions were not satisfactorily answered, and that MDAS “was a laughing stock” and its members were not being listened to. “Usually, I try to stick around and change things, but I couldn’t take it anymore,” she said.

“What I’d like to see is that government departments get involved and put a stop to this,” Ms. Handy stated.

Concerns Over Process and Transparency

MDAS has stated the election process was not “fair and transparent,” with questions raised over proper procedure and alleged disruptions during the annual general meeting. Ousted chair Aunty Jenene Murray said in a statement the process needs to be re-run in a “clear, calm and constitutionally compliant way,” clarifying that this does not necessarily invalidate any particular outcome.

However, multiple people who attended the meeting have told ABC News the vote was conducted appropriately and overseen by a justice of the peace. MDAS also contends that a subsequent meeting to elect Nikita Hart and Tania Smith as chair and deputy chair, respectively, did not follow proper process.

Ms. Hart has stated she is “being denied access to act in my role as chair” and “reject[s] all outrageous claims from MDAS lawyers and the former chair, Jenene Murray.” MDAS has filed an affidavit in the Supreme Court of Victoria against Ms. Hart and Ms. Smith.

Member Concerns and Allegations

Documents obtained by ABC News show members and employees of MDAS raised concerns with the board early last year, including requests to make the members’ list public and conduct a financial audit. They called for a special general meeting, with employees expressing fear of retribution for signing their names to the request.

A letter from MDAS’s lawyers responding to the request stated the board unanimously decided there was “no valid resolution” to hold a meeting. However, several former and current board members have told ABC News that many of the members’ concerns were valid and not all board decisions were unanimous, despite the legal letter’s claim.

Ms. Handy said members and employees were being “gagged” by MDAS. “Go and talk to the people in the community, go and talk to the people working there because they’re not allowed to talk about the organisation or they’ll be sacked,” she said.

ABC News has seen letters sent to at least one employee reminding them of MDAS’s grievance policy, which prohibits sharing concerns about the organisation outside of MDAS and states employment could be terminated for doing so.

A Victorian government spokesperson said it is working closely with MDAS and the Victorian Aboriginal Community Controlled Health Organisation (VACCHO) to strengthen the voice of the Aboriginal community within the organisation, as well as its governance and management. VACCHO previously stated it would attend the rescheduled meeting on February 14.