The Registrar of Indigenous Corporations, Anthony Beven, has called a general meeting for the members of Yindjibarndi Aboriginal Corporation RNTBC (YAC).
The Registrar’s decision follows the judgment handed down by Justice Le Miere in the Supreme Court of Western Australia on 9 March 2016.
In Sandy v Yindjibarndi Aboriginal Corporation RNTBC Justice Le Miere found that the corporation does not currently have any directors. Justice Le Miere found that the corporation’s former directors’ terms expired at the annual general meeting (AGM) held on 30 November 2015. That meeting was unable to appoint new directors as no directors were able to secure the support of 75 per cent of the members as required by YAC’s rule book.
Without directors the corporation has been unable to call a new meeting and hold another election for directors. The Registrar has therefore exercised his powers and called the meeting of the corporation’s members.
The general meeting will be held on 19 April 2016 at the 50 Cent Hall in Roebourne (2 Sholl Street) and will be chaired by the Registrar.
YAC holds and manages the native title interests of the Yindjibarndi people.
The Registrar has also used his powers to amend the rule book of YAC to replace the requirement for resolutions (other than special resolutions) to be approved by 75 per cent of the voting members with the more usual requirement for only a majority of voting members. The Registrar has also proposed a number of other changes to YAC’s rule book and they will be put to a vote of the members at the meeting on 19 April 2016.
Information about the meeting has been sent to all members of YAC and is also available on the Registrar’s website, www.oric.gov.au.
On 23 March 2016 Justice Le Miere appointed Ian Francis as a receiver to YAC until the conclusion of the meeting on 19 April 2016.
Patricia Gibson (02) 6146 4743
23 March 2016
Editor’s note 20 April 2016:
Justice Le Miere on 13 April 2016 extended the receiver’s appointment until 29 April 2016 for the limited purpose of conducting an investigation into survey work provided by the corporation to a member. The receiver will provide a report regarding his investigation to the court and the Registrar.
At the Registrar initiated general meeting on 19 April 2016 more than 250 of the corporation’s 424 members attended in person. A large number of members also participated through a proxy. Members spoke passionately and respectfully at the meeting about their vision for the future of the Yindjibarndi Aboriginal Corporation RNTBC.
Twelve new directors were appointed by the members from 27 nominations. Information about the new directors is available on the Registrar’s website, www.oric.gov.au. The term of the new directors commenced at the conclusion of the general meeting and they will hold office until the next annual general meeting, which must be held before 30 November 2016.
Amendments to the corporation’s rule book recommended by the Registrar did not achieve the required 75 per cent majority of the members at the meeting.