Richard King reappointment to APY Lands board general manager role 'constitutionally invalid', report alleges

Australia Broadcast Center

6 hours ago

South Australia's remote Anangu Pitjantjatjara Yankunytjatjara (APY) Lands board has been ordered to remove its general manager from his role after a review found that a lengthy process to replace him was deliberately abandoned.
The review, commissioned by the South Australian state government, found that Richard King positioned himself to obtain a "direct financial benefit" by allowing his name to be put forward as the sole nominee — sidelining two preferred candidates.
In October last year, the board granted him another three years in the role, which attracted more than $375,000 in "salary expenses" in 2023-24.
In his report, tabled in state parliament this week, conciliator Greg Rooney concluded that Mr King's reappointment was constitutionally invalid.
He directed the board to immediately strike out the decision and begin the search for a replacement.
While the government said the direction was enforceable, an APY Lands spokesperson said Mr King remained in the role and the board would consider legal advice before responding.
The APY Lands covers more than 100,000 square kilometres of arid lands in the far north-west of South Australia, with multiple communities and homelands of First Nations Australians.
According to the report, a board-appointed recruitment company had by mid-2024 helped the board narrow down 24 applications to two preferred candidates.
Mr King, who was first appointed to the role in 2015, was not one of the two.
His wife, APY Lands manager of stakeholder engagement Tania King, was then tasked with organising a follow-up meeting for the board to progress their selection.
But the meeting, due to be held in May, was never scheduled.
"It was at this point that the recruitment process that had cost the board $32,580 up to that point was, for some unknown reason, abandoned," Mr Rooney's report said.
At APY Lands board elections held in August last year, eight of the 14 board members were replaced.
At the new board's first meeting, they were immediately asked to vote to appoint a new general manager.
Mr Rooney found that new board members were not briefed on the recruitment process or told about the two preferred candidates.
Instead, the report alleges Mr King allowed his name to be put forward as the only candidate — before he accepted the nomination.
"Richard King … placed himself in a position of obtaining a direct financial benefit by being granted a further term of three years ahead of two preferred candidates that were still available for consideration," the report said.
"He did not disclose that conflict of interest, nor did he absent himself from the meeting while voting took place."
Mr Rooney found that the outcome of the vote was voided by the circumstances.
He said the decision to "deliberately abandon" the 18-month process to replace Mr King, and the resulting "waste" of APY and government funds, was "a failure of proper accountable administration".
In a statement, an APY spokesperson said Mr King remained general manager of the APY Lands.
"The conciliator's directions are now the subject of legal advice to the APY executive board," he said.
"A full meeting of the executive board will consider the report, receive legal advice and respond formally in due course."
The spokesperson said several board members have expressed concern that important context — including recordings of board meetings and other evidence — was not fully considered.
"Only six of the 14 democratically elected board members met with the conciliator during the conciliation, and the general manager was not invited to participate," he said.
"This has left many board members surprised that the report was tabled in parliament before they had the opportunity to review it."
The spokesperson said salary expenses published by the APY Lands — which listed $377,554 for Mr King's role in 2023-24 and $300,404 in 2022-23 — appear inflated because they include a decade of entitlements such as annual and long service leave.
"These payments were approved through board and ministerial oversight in annual budgets," he said.
Mr King told the ABC: "It is now up to the board to make a decision, and it would be inappropriate to comment any further".
In a statement, a government spokesperson said, under the APY Land Rights Act, a conciliator's directions were binding.
"Pursuant to … the APY Land Rights Act …, a conciliator may give directions as he or she considers just in resolving any matters in dispute," the spokesperson said.
"It is now for the APY executive to implement the directions within the conciliator's report.
"The Act prescribes that if the directions are not complied with, an application can be made to the District Court to compel compliance with the directions."
Liberal MLC Frank Pangallo, who last year raised concerns about the reappointment process, said the issue warranted further investigation.
Aboriginal Affairs Minister Kyam Maher did not respond to questions about whether he would commission any further inquiry.