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Yilli
Housing's shameful legal threat against Aboriginal people living
in "third world squalor"
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Yilli Housing have refused to explain their actions in regard to trying to force the Kumbutjil Association to sign a Service Level Agreement (SLA) under false pretences. The Kumbutjil Association sent a number of emails requesting Yilli's side of the story, but after months of silence, the response Yilli chose was to mount a legal threat with the legal firm that represent the Aboriginal Development Foundation. About the ADF Vote of No Confidence in Bernard Valadian and the Aboriginal Development Foundation ADF (6 October, 2004) |
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12 May 2005 Our Ref:
CAB 3061115
However the lease (we learned on the 7th of February, 2005 from another source) is still held by the ADF.
Yilli Housing fabricated this 'lease development' so we would sign a service level agreement with them.
Previously Yilli Housing were unable to do maintenance of 'houses' at OMD, due to the ADF holding the lease, so obviously Yilli Housing could not enter any such agreement without the ADF's consent... ...a consent that would have extended to concealing the lease's true status from the Kumbutjil Association. The Clare Martin government was well aware of our 'vote of no confidence' and intent to take possession of the lease.(September 12, 2004) - Still no reply. We met with Yilli Housing on the 31st of December, 2004 - a time when most people are enjoying the Christmas break. We thought this conscientious behaviour on Yilli's part was due to an urge to help the people of OMD community, not to deceive them.
Kumbutjil Association (KA) - Apart from the fact that we were only made aware of the true nature of the lease's status by another source, this still doesn't explain how Yilli Housing believed they had authority to set up an SLA with the Kumbutjil Association, when the Aboriginal Development Foundation would not permit Yilli to do maintenance on the "dwellings" here. Either Yilli Housing are entirely incompetent or a 'deal' was brokered with the ADF. "However the lease (we learned on the 7th of February, 2005 from another source) is still held by the ADF."
In any event:
KA
- We never said they did. "The Kumbutjil
Association were told by Yilli Housing (December,
2004) that the Aboriginal Development Foundation (ADF) had
relinquished the One Mile Dam lease."
Cridlands - 2. Our client plays no part in the decision making processes of ADF with respect to the OMD lease, or any other; and KA -
We are aware of Yill's purported role as a
Housing Corporation (although Yilli's interest in these ancillary
political points is cause for concern) and have never suggested
otherwise.
Cridlands
- 3. Any surrender of any ADF lease would
be back to the lessor of that land, which is the Northern Territory
Government in this case, and not necessarily the residents on the
land.
Cridlands - The assertion that our client fabricated the lease surrender so that a service level agreement would be signed is false. Please retract the statement. KA -
We requested that Yilli Housing explain their
actions, but no explanations have been forthcoming. "We
didn't do it" - is still not an explanation that transcends
the level of playground denials. The
Kumbutjil Association's Project Officer Mick Lambe, asked for an
explanation about Yilli's behaviour when he last spoke to Tony Beckitt
in person, no explanation was provided.
Cridlands - The service level agreement was executed with ADF in relation to the OMD community, and several others. It is in relation to all IHANT funded program activities. KA - We
believe our opinions on the irregular nature of this attempt
to force an SLA through under false pretences
have been clearly stated and we have yet to hear a cogent oppositional
explanation.
Cridlands - By way of further explanation, in order for our client to carry out maintenance work on the dwellings at OMD, ADF as the leaseholder must first have executed a service level agreement. KA -
Then why the lack of service at One Mile Dam, if Yilli have signed
an SLA with the ADF? The Kumbutjil's Association have always intended to sign an SLA with Yilli Housing and our last discussion with Tony Beckitt (in March, 05) reiterated that point. Yilli Housing must take full responsibility for any delays in signing an agreement due to their initial deceptive actions -- their pressure tactics -- their refusal to furnish an explanation -- and finally this clumsy and insulting attempt to intimidate and dictate to the Kumbutjil Association through 'legal' means. The Kumutjil Association do not believe that criticism of Yilli Housing is any excuse for not servicing our community's maintenance needs. According to the above "explanation", Yilli is a Housing Corporation that has an obligation to service and consult with clients that reside on leases under the ADF. The point below only further confuses the issue of responsibility for maintenance at the One Mile Dam community, unless of course our response is accepted as the logical explanation.
Cridlands - As a result of no previous rent being paid by the inhabitants of OMD, once this occurred the money provided by IHANT for maintenance projects was then made available, and was completely used for urgent electrical repairs on the OMD community. Those issues are now resolved. KA - We agreed to pay a token rent for our token 'shelters' at a meeting where representatives from Yilli Housing and IHANT were present. (19 September, 04) The
urgent
electrical repairs to which you refer,
were in response to our campaign to have electrical problems dealt
with at the One Mile Dam community and the tragic electrocution
death of a child in Tenant Creek. We were told in person by Tony Beckitt that these repairs were being done first as a matter of urgency and were part of resuming normal maintenance here while an SLA was negotiated with the Kumbutjil Association. "...as
I said to you (mick) this morning (Yilli Housing) would start straight
away. Electrical safety is always addressed first and will
be for One Mile Dam as well" - (From - Tony Beckitt
- Head of IHANT - Indigenous Housing Authority Northern Territory
- 8th March, 2005) http://onemiledam.tripod.com/pages/Power_to_the_People.htm The cynical 'explanation' furnished by Yilli Housing for their further abuse of our trust, is plainly and insultingly contrived and such tactics demonstrate the lowest form of political expediency.
KA - No such assertion is made. We are referring to Yilli Housing requesting residents to pay $8000 for excess water. We quote Yilli Housing... These minutes were transcribed by Yilli Housing and also state... - "If YRHAC are required by (One Mile Dam) to pay P(&)W excess water charges, then YRHAC will impose an excess water levy that will be added to rental payments." -
" The water levy would be estimated to be about $8,000.00 for
One Mile Dam - Information provided by P(&)W on One Mile Dam's
previous excess water charges payed (sic) by ADF previously." Yilli's
focus on the 'period' involved is transparent obfuscation and irrelevant.
Cridlands
- Prior
to the execution of the service level agreement, our client had
no involvement with repair and maintenance to housing at the OMD
community. (The municipal services provided by YRHAC were Cridlands
- Since the execution of the service level
agreement with ADF, our client has been engaged to provide repair
and maintenance services to the OMD community, and at the same time
has been actively assisting in educating residents about the costs
of using water. When has Yilli, "...been actively assisting in educating residents about the costs of using water?" That assertion is pure fantasy. Residents
expect to pay for the water they use as is normal practice in our
area. A concern
by residents that just payment of water usage be administered, was
raised with Tony
Beckitt, by our
Project Officer Mick Lambe at their last meeting. While it is pleasing
to see a concrete response has been
proposed below, it
has been formulated without consultation with the Kumbutjil Association,
as is agreed protocol in such matters. Cridlands
- Going
forward, our client is intending to implement a user pays system
accordance with the ATSIC Community Housing and Infrastructure Programme
Policy (“CHIPP”) 2002-5 which sets out that users of
municipal services should pay for such usage. In accordance with
the scheme created by the CHIPP programme, individual houses will
be charged a small amount for excess water usage payable with the
rent. KA
- As noted: We have raised
concerns about this ad hoc presumption of excess water use, that
sees seven unmetered households expected to foot the bill for up
to 150 water users. Other concerns about leakages and the integrity
of the sewerage system here have yet to be addressed. We would also
need to examine comparative reports of excess water use in this
area, etc... and confer with government about the special circumstances
inherent to the One Mile Dam community.
Cridlands - We reiterate again that this payment requirement is in relation to the current and ongoing usage, not for previous periods. KA - We reiterate again that this payment requirement is unjust and Yilli's obfuscation about "periods" does not change that reality.
Living
in Third World Squalor - Email
Cridlands
- Finally, it is disappointing to see that
there has been a breach of confidence committed by the placement
of an email from the General Manager of our client, John-Nai-Smith
to ATSIC Regional Council Chair Kimberley Hunter on the Website.
The information contained in the email is confidential in nature,
and should not be published.
From: HUNTER,Kimberley <Kimberley.HUNTER@rc.atsic.gov.au> Date: 24 February 2005 14:39 Subject: FW: Amangul photos To:
Bertram.Birk@powerwater.com.au <Bertram.Birk@powerwater.com.au>;
ROBINYA,Clarry <Clarry.ROBINYA@rc.atsic.gov.au>; ROGERS,Desmond
<Desmond.ROGERS@rc.atsic.gov.au>; Dennis.Bree@nt.gov.au <Dennis.Bree@nt.gov.au>;
NEADE,Kevin <Kevin.NEADE@rc.atsic.gov.au>; Kevin.Williams@nt.gov.au
<Kevin.Williams@nt.gov.au>; COSTA,Lawrence <Lawrence.COSTA@rc.atsic.gov.au>;
BERTO,Michael <Michael.BERTO@rc.atsic.gov.au>; Michael.Dillon@nt.gov.au
<Michael.Dillon@nt.gov.au>; Richard.Preece@nt.gov.au <Richard.Preece@nt.gov.au>;
tricia.rushton@facs.gov.au <tricia.rushton@facs.gov.au>; Trish.Angus@nt.gov.au
<Trish.Angus@nt.gov.au>; Xavier.Schobben@nt.gov.au <Xavier.Schobben@nt.gov.au>
KA - We do not believe -- given the number of recipients to this email, the likelihood of its expotential dissemination on the internet and the nature of the subject matter -- that anyone would construe the email as "confidential". For example - " I am not writing this email as an IHANT Board member, but as the Chair of the Yilli Rreung Regional Council, elected by the Indigenous people in this region to advocate for the social and economic needs of Indigenous people in the region. I am emailing this message to the IHANT Board for your information, but also ccing this email to the OIPC staff, some other stakeholders, including members of the media." (Kimberley hunter) It was clear to us that Kimberley Hunter wanted his views to be made public. It is Kimberley Hunter who disseminates John-Nai-Smith's email (by inclusion) in this far from confidential manner. See - http://onemiledam.tripod.com/pages/Amangul_at_Adelaide_River.htm As you
can see, the web page you allude to, is actually on one of our ancillary
web sites For ease of reference - we have copied the page onto our main One Mile Dam web site which is now situated in the USA http://onemiledam.org/pages/Amangul.htm We are pleased that our critique of the email and the motivations behind it -- did not attract any censure from your clients. A promising development.
Protocol
KA - Yes. It is clear your clients are experiencing difficulties in communicating simple concepts - such as who holds the lease, whether Yilli Housing are responsible for maintenance at the One Mile Dam community, et al... We find that telling the truth and treating people with the respect (they deserve) works for us. Any suggestion that the Kumbutjil Association conform to a less honest regime, would of course, be onerous and unacceptable.
Cridlands - Our client is committed to forging closer relationships with the people of OMD, and considers establishing such protocols a critical part of the process. Please make contact with John Nai-Smith to start the process. KA - We will not consider the above an honest sentiment, until we see some proof of Yilli's "commitment". A good start would be dropping these ridiculous and insulting demands and doing some maintenance work as spelt out in Yilli Housing's charter after consultation with the Kumbutjil Association. The people at One Mile Dam are the victims of Yilli Housing's deception and pressure tactics, as well as those living in the "third world squalor" Kimberley Hunter vicariously describes. The people here are well aware of the events that have transpired regarding Yilli Housing's behaviour and fully support their Kumbutjil Association's views. We
believe the most important protocol, is open and honest consultation.
If your clients have the good sense to embrace this (our) protocol
-- and one enshrined in Aboriginal and European Law -- we will be
prepared to overlook Yilli's previous performance and the
insulting disregard they seem to have for our people's plight.
Cridlands - In the meantime, please direct all correspondence in relation to the Website issues raised in this letter to this office. KA
- NT Chief Minister Clare
Martin (Appendix 1) and a number of other
people are interested in Yilli Housing's treatment of people living
in conditions, that the law protects (indeed forbids) Yilli Housing's
employees from experiencing.
We look forward to being advised that the same has occurred. KA - Yes. Truth does hurt at times. Hopefully we have clarified some of the issues that concerned your clients and you will be able to advise them in a manner that spares them further angst... ...and one that leads them to an open and honest working relationship with the Kumbutjil Association. We look forward to being advised that the same has occurred.
Mick Lambe - Project Officer - Kumbutjil Association Authorised by the Kumbutjil Association Contacts - http://www.onemiledam.org/pages/contact.htm
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