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Heritage service crisis at Whadjuk Aboriginal Corporation averted, for now

David Prestipino -

Whadjuk Aboriginal Corporation has announced its heritage services will again be managed internally after a tumultuous few months that included a federal probe, leadership changes and the representative organisation cut off from funding from the $1.3 billion Noongar Native Title settlement; the biggest ever of its kind in Australia.

WAC, which provides important services including heritage consultation on major projects in Western Australia, was preparing to start or working on 16 projects when several staff were made redundant and a private firm, the South West Aboriginal Land Service, was contracted to conduct heritage work.

The Native Title settlement in 2021 between the WA government and South West Aboriginal Land and Sea Council – after years of research and extensive consultation – led to the establishment of several Aboriginal corporations serving communities across the South West (Noongar Country), and the Noongar Boodja Trust, of which Perpetual Limited was made trustee.

The internal strife at Whadjuk – including a months-long stalemate when two people insisted they were both the WAC chairperson and redundancies in March – led Perpetual to issue the corporation a suspension notice in April, severing crucial funding from the trust critical to its operations.

The suspension followed the resignation of two WAC directors in late March, which left the corporation below the threshold of the required four under Regional Corporation Principles and the WAC Rulebook.

The staff exodus sparked an investigation by the Office of the Registrar of Indigenous Corporations (ORIC), which on May 29 wrote to WAC chair Reginald Yarran to approve the corporation's request to revise its rule book to meet internal governance under emergency powers, if the number of directors fell below four.

"According to the Corporation, the Trustee issued a default notice which effectively prevented the Corporation from conducting its operations (including paying bills, appointing a new director or even calling a general meeting)," ORIC wrote on May 29.

"The Trustee powers (outlined in the Trust Deed) include withholding or suspending funds, issuing default and/or termination notices.

"The current circumstances illustrate that the lack of clarity about this point in the rule book demonstrates that the internal governance rules are not adequate and workable, given the

context in which the corporation operates (section 66-1(5)(b) of the CATSI Act)."

ORIC found the lack of process for the board to appoint an eligible person in a short timeframe could impact WAC performing its business and cultural functions, with the emergency powers ceasing to operate on December 31, 2025.

The three current directors have committed to a workshop to review WAC's current strategic plan and its rule book, with a community meeting likely to be held to seek member feedback, ORIC noted.

On Tuesday WAC released a statement intended to end confusion among state government departments, local government, proponents, stakeholders, and associated organisations affected by the April suspension of its funding and external contracting of heritage services afterwards.

"Effective immediately, Whadjuk Aboriginal Corporation no longer engages or recognises South West Aboriginal Land Services (SWALS) as our heritage service provider," said Leon Ruri, who WAC appointed as its new chief executive in June.

"SWALS are not authorised to carry out any heritage services, assessments, or related works on behalf of WAC, nor do they represent WAC in any capacity.

"Any existing contracts, quotes, or arrangements involving SWALS on behalf of Whadjuk Aboriginal Corporation are terminated effective immediately."

All heritage services involving WAC would now be managed exclusively by its internal heritage team.

"This decision ensures that WAC maintains full control and oversight of heritage matters, in alignment with our cultural responsibilities and governance standards," the statement said.

Mr Ruri said the move was "a positive and necessary step forward" for WAC and Whadjuk members and people.

"Managing heritage through our own internal team ensures integrity, cultural authority, and accountability.

"Most importantly, it opens direct employment pathways for Whadjuk members and creates meaningful opportunities for Noongar-owned businesses."

WAC requested relevant stakeholders to update their records to ensure no future heritage-related engagements or communications in relation to the corporation involved SWALS.

Chaos within Whadjuk has included a months-long stalemate during which two people insisted they were both the chairperson, and surprise redundancies last month that left the corporation with just one paid staff member.

Aboriginal heritage work across Perth and the South West had been halted, including public spaces where relevant approvals for development had been obtained, but heritage monitoring was a condition.

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National Indigenous Times