Millions at stake as Whadjuk Aboriginal Corporation fights for survival

An Aboriginal corporation established to distribute benefits from Australia’s biggest native title settlement has shut its doors.

Joe Collard, a former member of Whadjuk’s cultural advice ­committee. Picture: Colin Murty

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The beleaguered Aboriginal corporation established to distribute benefits from Australia’s biggest native title settlement has shut its doors but appears ready to fight to regain access to grants from the $1.3bn deal.

Four years since the West Australian government made the first $50m trust payment as part of the south west native title settlement, professional trustees have cut off the Whadjuk Aboriginal Corporation. News of the intervention by trustee Perpetual Limited has caused confusion for councils, government agencies and developers across Perth who rely on Whadjuk for Aboriginal cultural heritage assessment and monitoring work. Perth Airport’s $2.5bn new runway project is among Whadjuk’s clients.

Perpetual has issued Whadjuk with a default notice that signals the trustees’ intention to give the corporation a chance to fix problems or be replaced as the body representing the interests of Noongar people across Perth.

The default notice requires Whadjuk to appoint a special ­administrator, The Australian has been told. However, Whadjuk published a statement on its website saying it was undergoing “a lawful and necessary restructure”.

It did not mention the appointment of an administrator and Whadjuk chairman Reg Yarran did not answer The Australian’s question about whether one would be appointed.

Instead, Whadjuk appeared to address community questions about why most staff had been made redundant and apparently replaced by workers from a private company part-owned by Joe Collard, a former member of Whadjuk’s cultural advice ­committee.

“This change has been deliberate. It reflects our commitment to strong governance, cultural authority, and professional delivery. We’ve made hard decisions to reset internal systems and restore accountability,” the Whadjuk statement said. “We acknowledge the board members who stayed the course, upheld their duties, and helped guide this transition.

“Whadjuk remains fully governed. We are compliant with ORIC requirements and operating with quorum. We are now focused on stabilising leadership, including recruiting a CEO, and strengthening our service delivery … Whadjuk is rising”.

On Thursday a sign on the door at Whadjuk’s office in the Perth suburb of Applecross told visitors: “This office is currently closed.”

The native title settlement is regarded by some constitutional experts as Australia’s first treaty because it recognised the Noongar people in an act of state parliament and was a comprehensive deal that went far beyond a trust fund.

The deal comprises a $600m trust fund that the state agreed to create as part of negotiations instigated and overseen by former Liberal premier Colin Barnett. The state will make 12 annual payments of $50m into the Noongar Boodja Trust. Each year, seven Aboriginal corporations, including Whadjuk, can apply for a share of $10m from that trust.

The relatively small amounts that are allowed to be drawn from the trust have prompted some of the corporations to look for their own income streams. Some corporations, including Whadjuk, began to offer Aboriginal cultural heritage services. Under WA law, cultural heritage assessments are necessary to avoid disturbing significant sites. Once assessments are done, there is work for “heritage monitors” who are on site during construction.

Other Aboriginal corporations created as part of the south west native title settlement are looking to become developers themselves. They are looking at parcels of crown land handed over as part of the native title settlement to see if they can be used in housing projects or agriculture businesses.