The Federal Court of Australia has ruled against the South West Aboriginal Medical Service (SWAMS), one of the largest Aboriginal community health services in Western Australia, citing oppressive conduct and factional control within its board. The court specifically found that expulsion notices sent to 20 members and a director were invalid, fundamentally highlighting issues of governance and management transparency within the organization. This ruling is set against a backdrop of significant internal conflict and turmoil within SWAMS that has been ongoing for approximately 12 months.

The circumstances leading up to the court's decision include a notable incident last June when members and founding elders stormed the SWAMS office in Bunbury, located 170 km south of Perth. This protest highlighted the tensions surrounding the board's decisions and the management of the health service, which is crucial for the community it serves, having around 1,200 members across Noongar country in southern WA. The court's findings suggest that the governance structure within SWAMS had failed to adequately represent its members, resulting in the lack of accountability for board members.

In light of the court's ruling, the plaintiffs are seeking legal orders to officially declare the expulsions invalid and to initiate a new board election. This outcome presents an opportunity for reform within SWAMS, aiming to restore trust among its members and improve governance practices, which are essential for the effective delivery of health services to the Aboriginal community in the area. The case underscores broader concerns about factionalism and governance within Aboriginal organizations across Australia.