A prominent native title group in the Kimberley has welcomed a move by the federal regulator to examine its books, as it prepares for a fourth attempt at holding last year's annual general meeting.
Balanggarra Aboriginal Corporation represents native title holders across more than 26,000 square kilometres in the East Kimberley, taking in the township of Wyndham and West Australia's northernmost Indigenous community Kalumburu.
Its subsidiary Balanggarra Ventures runs Home Valley Tourism Resort, an outback attraction on the Gibb River Road, famed for its fishing and scenery, with views of the spectacular Cockburn Ranges.
But the corporation has not held a successful annual general meeting (AGM) since January 2021, an issue that is causing tension and fueling concern among native title holders and directors.
A group of traditional owners calling itself the Concerned Balanggarra Members wrote to the Office of the Registrar of Indigenous Corporations (ORIC) earlier this year to raise a particularly divisive attempted AGM in Wyndham on February 3.
Balanggarra chief executive Joe Heffernan said chairperson Cissy Gore-Birch was forced to close the meeting because some members refused to allow her to chair it.
"It was not possible to proceed without breaching federal regulations," he said.
But the situation enraged some members who had travelled to Wyndham from as far as Kalumburu for the meeting.
The annual gathering not only serves an administrative function but also holds cultural importance.
Mr Heffernan said ORIC had approved for both the 2021 and 2022 AGMs to be held on November 16.
"An independent facilitator has been confirmed and ORIC has been formally invited," he said.
Balanggarra will fully cooperate: CEO
ORIC has announced on its website that it would examine Balanggarra's books, but has not told the ABC what prompted the move.
The regulator says while an examination does not amount to a formal investigation, it can trigger additional action if potential breaches of the law are identified.
Mr Heffernan said the corporation would fully cooperate with the regulator and share the outcome with members.
The ABC has spoken to several native title holders and directors who hope November's AGM will provide an opportunity for Balanggarra members to not only elect a new board but also address deep divisions.
Wyndham-based director Darryl Smith acts as a spokesperson for the Concerned Balanggarra Members group.
He said many native title holders felt there was not enough consultation with the broader membership base to help guide significant business decisions, especially relating to Home Valley.
"A lot of members are pretty upset and angry about what is going on," he said.
"If you use someone's land then they need to know the benefit so you can keep people happy."
Mr Heffernan confirmed there would be a presentation to members at the AGM on the corporation's activities and finances and he encouraged members to read Balanggarra's newsletter.
He said the corporation was "committed to open communication with stakeholders" and urged members to inform Balanggarra of changes to their contact details.
"During August and September this year, Balanggarra conducted a series of family group meetings to identify community priorities and agree on ways to support local needs," Mr Heffernan said.
Tension between Balanggarra and Kalumburu
In the past year, a rift has deepened between Balanggarra and Kalumburu Aboriginal Corporation.
Balanggarra director and vice chairperson Clement Maraltadj is also Kalumburu Aboriginal Corporation's chairperson.
He said despite his senior role in both groups, Balanggarra's executives had "ignored" him the past year.
"We want answers about what's been happening in the past two years," Mr Maraltadj said.
"We ought to know … I'm vice chairperson and I've got to let my people know in Kalumburu."
Mr Heffernan said Balanggarra had "actively" and "deliberately" engaged with Kalumburu Aboriginal Corporation through community forums and visits by staff.
"Balanggarra directors regularly consider land management, mining exploration and ranger employment development opportunities for Kalumburu," he said.
Balanggarra's other two attempts at an AGM in the past 12 months were cancelled due to COVID and a failure to achieve a quorum of members.
