Federal Court dismisses SWAMS board, orders fresh election after finding “oppressive conduct”

The Federal Court has ordered the entire board of the South West Aboriginal Medical Service (SWAMS) to be vacated and directed a fresh board election be held, after finding factional control and “oppressive conduct” were used to unfairly expel members and a director.

SWAMS is one of Western Australia’s largest Aboriginal community-controlled health services, with more than 1,200 members across Noongar Country in the state’s south. The case followed a year of internal conflict, including community protests and a confrontation at the service’s Bunbury headquarters.

In final orders released late this week, Judge Craig Colvin said all member-director positions must be vacated and confirmed an annual general meeting will be held on 23 April, chaired by an independent, court-appointed lawyer, Craig Sanderson. The court also declared that expulsion notices sent to a director and 20 members were invalid.

The judgment follows findings delivered earlier this month, in which Justice Colvin stated: “Having regard to the characteristics of SWAMS, their conduct is oppressive” referring to the actions of senior figures accused of maintaining control and reducing accountability.

For community members, the orders have been described as a turning point for a service they say was built through community effort and cultural authority. Former board member Donna Turvey (who was among those expelled) said: “It was pure joy for a battle that we knew that had to be fought and had to be won for the community” describing relief that governance can now be reset.

The decision as a victory for community members who had resisted what they described as unfair treatment. “We won” she said.

The case is being closely watched across the Aboriginal community-controlled sector, where governance disputes can have serious flow-on effects for trust, service stability and staff wellbeing. While SWAMS has previously said clinical services remained unaffected, community leaders say strong governance matters precisely because health services are more than businesses – they are community institutions.

The coming AGM will determine a new board and shape how the organisation rebuilds confidence, ensuring procedural fairness, member voice and culturally grounded accountability are restored.