Indigenous corporation watchdog ORIC has met with the seven organisations and claimants of Australia's biggest Native Title settlement in 2021 regarding compliance with their rule books.
Their rule books are affected by matters relating to the historic $1.3 billion South West Native Title agreement between the Noongar people and WA Government after the Federal authority found they did not meet mandatory requirements of Division 66 of the CATSI Act.
The October notice by former ORIC chair Tricia Stroud requested confirmation a chair and director from each Aboriginal corporations related to the Noongar Settlement - Ballardong, Gnaala Karla Booja, Karri Karrak, Wagyl Kaip Southern Noongar, Whadjuk and Yued and the South West Aboriginal Land and Sea Council - attend the meeting.
Names of each organisation's chair and email address, and the time and location of the meeting with ORIC officials, were redacted in the notice. ORIC has rejected the suggestion the redaction was an unusual practice for notices from the Federal body's public register.
The identities of the WA Premier and Cabinet's executive and assistant directors of Native Title Implementation - also at the top-level meeting - were redacted too.
"Pursuant to ... the 2006 CATSI Act, I have called a meeting of interested persons in relation to matters that affect the corporations ... in my view the rule books of the corporations do not meet mandatory Internal Governance Rules Requirement of Division 66 of the Act, and are affected by matters relating to the Noongar Settlement," the letter said.
"This meeting is to discuss how this matter can be resolved."
A senior member from one of the corporations in attendance confirmed the high-level nature of the talks but did not want to divulge further details.
The rule book reviews by ORIC come after internal governance issues were raised with National Indigenous Times at one of the seven organisations - Ballardong Aboriginal Corporation - earlier this year.
BAC's administrative electoral process and executive governance were questioned by members and reviewed by ORIC after two board directors were reappointed for two-year terms again, immediately following their current two-year terms ending in October.
"The four elected directors began their terms at the end of the 2024 AGM, as per the Ballardong rule book," a BAC spokeswoman told National Indigenous Times.
ORIC's review is focused on the rule books.
Established in 2021 after receiving distribution of some of the $1.3billion Noongar Settlement payout, BAC now faces unrest from some members ahead of its Annual General Meeting at Northam Town Hall on November 22.
There are calls to overhaul the current leadership team led by the organisation's only CEO, Mat Wilson, and return cultural authority to the heart of decision-making.
Ballardong is one of six Noongar language groups recognised under Australia's most comprehensive Native Title agreement and BAC - as designated representative body for its people, plays a pivotal role managing regional responsibilities under the settlement, including cultural heritage, economic development, and land-based initiatives through the Noongar Boodja Trust.
Its role is to ensure that Ballardong knowledge systems and community priorities guide how these significant assets and opportunities are managed.
But many members now say the corporation has lost touch with its cultural roots, with some senior Ballardong people - like Mr Kickett and his 81-year-old mother - were removed from BAC's membership roll without alleged proper authority.
"We were promised an organisation that reflects our values, our laws, our ways," said Mr Kickett, a respected cultural figure who served on BAC's Cultural Awareness Committee until a controversial removal earlier this year.
Mr Kickett's views were similar to what other members and former directors told National Indigenous Times.
"This is not just about policy; it's about identity, about who gets to speak for Country," said another Elder backing calls for the current board to be dismissed at the AGM.
Another recent election - of new members to the Cultural Awareness Committee - was extended after complaints the digital process excluded many senior Ballardong members and Elders.
"The election process should bring our people together, not leave them out," Mr Kickett said.
BAC's responsibilities under the South West Native Title Settlement are extensive.
Through its role in the Noongar Boodja Trust framework, it is tasked with supporting long-term social, cultural, and economic development for Ballardong people, including protecting sacred sites, supporting cultural education, and ensuring land use reflects Traditional law and custom.
"Cultural leadership is not a checkbox on a form," said one Ballardong woman.
"This isn't about personalities," said Mr Kickett. "It's about restoring cultural governance so the Ballardong community, and our future generations, can thrive under our own law and our own leadership."
A BAC spokesperson told National Indigenous Times Mr Wilson's alleged non-Indigenous heritage were not substantive.
"Mat Wilson's membership of Ballardong Aboriginal Corporation is evidence of his being a Ballardong Noongar man," they said.
"Eligibility for membership of the corporation is determined based on a connection to one of the Apical Ancestors listed in the ILUA, which you can also find on our website."
"This list has also been affirmed by the Federal Court."
Mr Wilson's Ballardong connection was verified by SWALSC's anthropologist using state-approved research.
"Mat is also a member of SWALSC and other Noongar regional corporations, meaning that his Noongar connections have been verified on multiple occasions," BAC said.
Note: This report as originally published was amended after further correspondence between National Indigenous Times and ORIC in which the regulator responded directly to claims made by some members regarding the rulebook compliance meetings.