Orange Local Aboriginal Land Council cleared of wrongdoing but will review its procedures
Orange Local Aboriginal Land Council (OLALC) ordered the review after allegations of misconduct were raised by members, which included nepotism and financial mismanagement.
In April, more than 40 people signed a petition of no confidence in executive staff and called for an investigation.
In response, the OLALC board ordered a review by commercial lawyer Reay McGuiness.
While the review has not yet been made public, in a summary given to council members and seen by the ABC, it has recommended a raft of changes the organisation could make.
The review summary said 35 members of OLALC were interviewed during the investigation, with thousands of pages of documents provided.
"The board has complied with its statutory obligations of disclosure to members … and I [Reay McGuiness] have seen no evidence that employees have been appointed to positions not on merit but because of family connections," the summary stated.
OLALC member Jason French said he and other members had no confidence in the review.
At the end of May, Mr French lodged an objection to the proposed review process on behalf of a cohort of OLALC members.
The objection letter, sent to OLALC, peak body NSW Aboriginal Land Council, and the registrar who regulates the organisation, described concerns about conflicts of interest and cultural inappropriateness within the review's process.
"We had a number of members sign a petition saying that they felt there was a lack of transparency in the process of selecting [the reviewer]," Mr French said.
Mr French said members did not receive a response.
"The members are speaking out, and they are basically disregarding it," he said.
Mr French said it should have been the regulator, the registrar, the NSW Aboriginal Land Council, or a forensic auditor appointed to lead the review.
"It was a pointless review. If they really wanted [to properly review the OLALC], they would have appointed someone [independent]," he said.
Mr McGuiness and OLALC chair Jamie Newman both declined to be interviewed by the ABC.
Mr Newman issued a statement that said the land council would implement all the review recommendations.
"Just meeting our statutory obligations is not good enough … we want to continually improve … implementing all the recommendations will help us do that," he said.
Mr Newman said the review was essential for self-determination and transparency.
"Self-determination isn't just about rights, but also responsibilities and accountability," he said.
Mr Newman urged members to accept the review's findings and get behind the purpose of the land council.
"Our land council plays a vital role in supporting the Aboriginal people of Orange, promoting economic development, and protecting culture," he said.
The summary of the review advised OLALC to improve its conflict resolution processes and the way it engages with its members:
"The board does not presently have suitable processes to ensure that members have adequate engagement, participation and consultation on key issues."
"The board should seek to have the member meetings either chaired or facilitated by an independent person with no existing connection to the OLALC and the Orange Aboriginal Community."
The review summary also suggested the registrar or NSW Aboriginal Land Council could be asked to appoint a conciliator to ensure members' meetings are civil and constructive.
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Karen Payne said the tax office needed to do better, as these frauds resulted in less money for essential services. "We should all care because it raises revenues that allow the government … to fund the services that we all benefit from … health, defence, security, infrastructure … it's pretty key part of our democracy." Watch Four Corners' full investigation into the tax system, No Return, tonight from 8:30pm on ABC TV and ABC iview.
