NSW Police attended the RACP’s extraordinary general meeting in Sydney on Wednesday, as a dispute over who should chair the meeting spilled into open conflict.
The board has declared the result of a member vote to remove president Professor Jennifer Martin invalid, but that claim is contested.
Professor Martin told the limbic the meeting, held from an O’Connell Street office, descended into a confrontation when President-elect Dr Sharmila Chandran disputed Professor Martin’s right to chair proceedings.
According to Professor Martin, Dr Chandran’s husband threatened to call police if board members did not leave the room. He then did so.
NSW Police confirmed officers attended about 10.30am “responding to reports of a person attending the meeting.” Police spoke with several people, determined no crime had been committed, and a person left the building voluntarily. No further action is anticipated.
The RACP board currently has only four members, following a series of director resignations. They are Professor Martin, Dr Chandran, Dr Buckmaster, and Associate Professor Janak de Zoysa. Professor Martin says it had pre-resolved that Professor Martin would open the meeting, then hand to Queensland physician and board member Dr Nicholas Buckmaster to chair. Professor Martin says Dr Chandran disputed this arrangement.
Professor Martin told the limbic: “Dr Chandran said, ‘You guys all need to leave. I’m the chair, and constitutionally, I’m the chair.'”
She said more words were exchanged, before Dr Chandran’s husband called the police.
The limbic has sought comment from Dr Sharmila Chandran on Professor Martin’s account of events.
Professor Martin said that after police left, Dr Chandran moved to a separate room and continued the meeting there, with Professor Martin, the CEO, other directors and the interim company secretary excluded. Professor Martin said Dr Buckmaster was unable to enter.
The board’s written statement, issued this afternoon, said Professor Martin “was not given the opportunity to speak to members, despite being present nearby.”
The board alleged that members were incorrectly told the vote had been scrutineered by an auditor from accounting firm PKF, but that the auditor had left before the vote was called. The limbic contacted PKF for comment. The limbic has not independently verified the board’s account.
The vote resulted in a narrow margin in favour of removing Professor Martin (54.5%-45.5%).
In its statement, the board said it had “grave concerns about the constitutionality of this meeting, breaches of Corporations and Work Health and Safety Acts, breaches of principles of natural justice and the behaviour demonstrated by Dr Chandran.” It declared the result invalid and said it was seeking legal advice. In the meantime, it said, Professor Martin remained chair.
Dr Chandran, who is due to assume the presidency in May, has not yet responded to the board’s characterisation of events.
Professor Martin told the limbic she believed the college had suffered significant damage from the prolonged dispute.
“We can’t keep losing CEOs and members of the team,” she said.
Today’s meeting was the fifth EGM RACP members have been asked to vote on in six months. Members previously voted down two proposals to remove Dr Chandran, as well as a motion to separate the board chair and presidency roles.
In March, the board took the unusual step of asking the Australian Charities and Not-for-profits Commission (ACNC) to suspend all its directors and appoint acting replacements, citing a “prolonged period of governance difficulty.” The ACNC said it could not comment, and a charities law specialist told the limbic at the time it would be “very unusual for the ACNC to intervene unless there are vulnerable assets or people involved.”
Dr Chandran told the limbic in March she had no involvement in the ACNC request, and that regulators had repeatedly advised it was for members to act.
“They have acted,” she said at the time. “They called an EGM against Professor Martin.”
A board meeting is scheduled for Thursday. Professor Martin says she intends to chair it.
The limbic sought comment from Dr Chandran and PKF prior to publication. This story will be updated.
Additional reporting by Emma Koehn.