Members fume over controversial move

MEMBERS of North Queensland’s overarching native title body have criticised a decision to appoint the former chair of an embattled Townsville indigenous corporation to its top job.

Former Kyburra Munda Yalga Aboriginal Corporation chair Angelina Akee was made chair of the North Queensland Land Council on October 1 after a series of decisions by the board.

The NQLC represents the native title rights of indigenous groups between Mackay, the Daintree and Richmond.

Ms Akee was previously chair of Kyburra until October 2017 when it was placed under special administration after an audit by Commonwealth regulators.

The Office for the Registrar of Indigenous Corporations (ORIC) found more than 70 potential financial breaches by Kyburra between 2014 and 2017.

They included a failure to properly declare almost $2 million in income from a number of proponents, including Adani. The audit did not make any formal findings against Ms Akee, and the corporation has since been taken out of special administration with strict new reporting requirements.

Ms Akee denied any wrongdoing at the time.

Following the audit of Kyburra Ms Akee has been appointed NQLC chair after more than four years as its treasurer and a number of council members have questioned the appointment process.

The NQLC’S board of directors on September 20 voted to postpone its ward elections, initially scheduled for September 28, to a date yet to be fixed.

Its Annual General Meeting has also been postponed for six months.

The NQLC, according to an email sent to members, believed the extension was needed to “facilitate a restructure of the organisation … to accommodate economic development which has been the top agenda item for two years”.

Three days later NQLC chair Kaylene Malthouse and deputy chair Phil Rist resigned.

NQLC chief executive Steve Ducksbury said the reason for the pair’s resignation was a matter for them. Neither Ms Malthouse nor Mr Rist could be contacted for comment.

On October 1, Ms Akee was appointed as the NQLC chair.

Member Coralie Cassady, in an email to Mr Ducksbury, questioned why no consultation was held with members before the “abrupt decision” to postpone the ward elections and annual meeting. “The motive to ‘postpone’ and consequently the professional integrity of the entire NQLC board of directors is now being subjected to intense scrutiny by regional members who have elected you mob to this representative position,” she said.

“Is the current governing body of NQLC still on-board the supposed ‘members-controlled’ transparency train or not?

“Perhaps it’s time to completely ‘overhaul’ the NQLC train-engine to ensure that the foremost purpose of NQLC doesn’t accidentally de-rail.”

It is understood at least one member has contacted Deputy Premier and Aboriginal and Torres Strait Islander Partnerships minister Jackie Trad seeking answers.

But the NQLC, like other indigenous corporations, falls under the stewardship of the Federal Government.

A spokesman for ORIC said the process of electing or appointing directors was a matter for each corporation to decide “according to their own rules”.

“As far as the Registrar is aware, Ms Akee has not been disqualified from managing a corporation,” he said.

“Therefore Ms Akee is eligible under the CATSI Act to remain a director of a corporation.”

The ORIC spokesman said people are disqualified automatically if they are bankrupt, sentenced to three or more months in prison for an offence involving dishonesty in the last five years, or are otherwise disqualified under the Corporations Act 2001.

None of those matters are relevant to Ms Akee.

Ms Akee said “nothing came out” of the revelations into Kyburra last year and blamed “disgruntled” NQLC members for the fresh criticism.

“I didn’t appoint myself there, the people on the board appointed me, we went through a democratic process,” she said.

“We abided by our rule book.” The NQLC received $8.5 million in Federal Government funding in 2017/18, with its cash reserves decreasing to $4.4 million that year from $7.5 million the year before.

AS FAR AS THE REGISTRAR IS AWARE, ANGELINA AKEE HAS NOT BEEN DISQUALIFIED FROM MANAGING A CORPORATION. ORIC SPOKESMAN