Payments made to members of the APY Lands executive to be kept secret following ‘harassments’ fears, tribunal rules

Payments made to members of the APY Lands executive will be kept secret to protect them from the rest of the community, a tribunal has ruled.

Payments made to members of the APY Lands executive board will be kept secret to protect them from the intimidation and harassment of the rest of the community, a tribunal has ruled.

Several members of the executive fought against a Freedom of Information request to release information about their sitting fees, salaries, consulting fees, allowances, vehicle allocation and usage, fuel vouchers, airfares, accommodation, purchase orders and money sourced from the agistment of cattle on the APY Lands.

A request to release the information made by Trevor Adamson, also an APY executive member, was initially refused by the APY organisation – but the decision was overturned by the state ombudsman.

The executive members then appealed to the state’s Civil and Administrative Tribunal, which ultimately upheld the original refusal.

APY Lands general manager Richard King.

Trevor Adamson being interviewed.

The tribunal heard from Dr Diana James – an expert in APY language, law and culture – who said the release of personal financial information of the APY executive would “publicly increase their moral obligations to share with all their extended kin across APY Lands”.

She concluded that, if Anangu are known to have financial resources and are perceived to not be sharing appropriately, they will be publicly shamed, defamed and can be subject to physical violence.

“Violence is widely considered to be a legitimate action, as regulated by traditional law, and continues to be condoned today in resolution of inter-familial disputes,” she said.

Dr James said women were in a position of great vulnerability due to the personal strength and authority of adult men.

In its published judgement, the tribunal said there was no suggestion that the board members were not entitled to the money they received.

But, for cultural reasons, release of the information would still put executive members at risk of intimidation and harassment.

“I am satisfied that the disclosure of the information in respect of the applicants would constitute an unreasonable disclosure of their personal affairs,” Justice Judy Hughes said.

It comes less than two months out from a scheduled August 21 election to appoint a new APY executive, marking the end of the current three-year term.

The activities and finances of the APY executive and general manager Richard King have been the subject of multiple Freedom of Information requests of the last few years.

Mr Adamson has in the past reported Mr King to the state ombudsman, complaining that he had not provided access to handwritten notes from board meetings.

The ombudsman upheld part of the complaint against Mr King, who then launched an unsuccessful Supreme Court appeal arguing that the ombudsman’s decision was unsound because he did not have jurisdiction.