PETITION (MEMBERS' REQUEST) TO CALL A GENERAL MEETING

Under s 201-5 of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (CATSI Act)

 

 

 

To: The Directors
Ballardong Aboriginal Corporation (ICN 9605)

 

We, the undersigned members of Ballardong Aboriginal Corporation (the Corporation), request that the directors call and arrange to hold a general meeting in accordance with s 201-5 of the CATSI Act. This request:

·         is in writing and is given to the Corporation;

·         states the resolutions we propose to be put to the meeting;

·         is signed by at least the required number of members—being the greater of five (5) members or 10% of the Corporation’s members (unless a different threshold applies under the regulations); and

·         nominates a contact member on behalf of all members making this request.

CONTACT (NOMINATED) MEMBER
Name    Tracey de Grussa (member ID 1940)
Postal address:  PO Box 75, Ballidu, WA 6606
Email:  Bluebird13@westnet.com.au

 

BACKGROUND
The Directors held an illegal vote and removed the Chairperson and then have continued to bully the Member Director and Ballardong staff in breach of the code of conduct and the Ballardong Rule book and CAITSI Act. The Board have excluded Tracey de Grussa the member elected Director from Board meetings and discussion on Ballardong business including external leagal advice and matters with no communication of minutes and resolutions in complete breach of the CATSI ACT and the Ballardong Rule book as well as good governance principals with regards of meeting held between the 17th Decemeber 2025 to current date.

Ballardong Board also failed to investigate an assault on the member director and deliberately sacked a Ballardong staff /employee who was investigating the assault and was on sick leave in breach of the WA Employment laws. The board failed to complete a Expression of Interest for an Interim CEO and failed to inform or communicate with Director Tracey de Grussa on the appointment of the Interim CEO and how this decision was made, how much we are paying or any other details. Ballardong Aboriginal Corporation consists of 6 Board of Directors NOT 5.

The Board of 5, also failed to include Member Elected Tracey de Grussa in any deliberation on the  early contract removal of the CEO of any reasons why the decion by the 5 was made.

Ballardong members need to hold these people to account and elect a Board focused on Directors that are of Ethical, Integrity and have sound Governance and put members first. The Corporation belongs to the MEMBERS not DIRECTORS.

PROPOSED RESOLUTIONS
The following resolutions are to be put to members at the requested general meeting (ordinary resolutions unless the Rule Book requires otherwise):

Resolution 1 — Removal of Independent Director
“We, the members, resolve that an Independent Director be removed from office as a director of Ballardong Aboriginal Corporation under section 249-10 of the CATSI Act and the BAC Code of Conduct.”
Grounds: Assault of Member Director Tracey de Grussa at the BAC AGM.

Resolution 2 — Validity of Purported Removal of Chairperson
“We, the members, resolve to declare the purported removal of Tracey de Grussa as Chairperson to be invalid and of no effect for failure to follow the Corporation’s Rule Book as per Rule 8.12 with election of term duration till the 2026 AGM.”

Resolution 3 — Governance and New Elections
“We, the members, resolve that Ballardong Aboriginal Corporation hold new elections for all Director positions to be conducted within two months, remove current Member Directors from office under section 249-10 of the CATSI Act, terminate the current Independent Directors’ terms, and appoint two new Independent Directors with preference for Noongar candidates after election of member Directors.”

SIGNATURES OF MEMBERS MAKING THIS REQUEST
Minimum required: the greater of five (5) members or 10% of the total membership (unless a different threshold applies by regulation).

Full name (print)
Membership no. (if known)
Signature
Date
  

GOVERNANCE NOTES FOR MEMBERS
1.     Directors must call the requested meeting within 21 days after this request is given to the Corporation, unless they apply to the Registrar for permission to deny the request because it is frivolous/unreasonable or contrary to the interests of members as a whole (ss 201-10, 201-15 CATSI).

2.     At least 21 days’ notice must be given for a general meeting. Shorter notice is not permitted if a resolution to remove or appoint a director will be moved (s 201-20 CATSI).

3.     If a director’s removal is proposed, the director is entitled to receive a copy of the notice, provide a written statement to be circulated to members and speak to the motion at the meeting (s 249-10 CATSI).

4.     Members cannot call the meeting themselves under the CATSI Act. If directors do not act on a valid request, the nominated contact member should write to ORIC asking the Registrar to call a meeting (s 439-10 CATSI and ORIC guidance).

5.     Deliver this petition to the Corporation’s registered office or principal place of business and keep proof of delivery (e.g. email with receipt, courier receipt).

6.     Check the Ballardong Aboriginal Corporation Rule Book for any additional procedural requirements (e.g. proxies, quorum, meeting format).