Emma House acting chief executive resigns

The Warrnambool domestic violence service told The Standard on Tuesday that Ms Dhanapala had formally tendered her resignation, effective from November 15.

Emma House chair Gabrielle Toscan thanked Ms Dhanapala for stepping in to lead the service in an acting arrangement, which she said was always designed to be temporary.

She said the formal resignation came after "a number of discussions over the past few weeks" about Ms Dhanapala needing to focus on her work as Emma House's principal lawyer - a role that she will remain in.

"Emma House is not seeking a permanent CEO as we look to our members for their support of a merger with The Sexual Assault and Family Violence Centre, which is in the best interests of the organisation and community," Ms Toscan said.

"The board will put in place an interim arrangement to provide leadership."

On Monday The Standard asked Emma House if it was aware Ms Dhanapala had previously been found guilty of charges, including misconduct and unsatisfactory professional conduct.

She was reprimanded by the Victorian Civil and Administrative Tribunal in 2012 and again in 2021.

Ms Toscan said on Tuesday the board was aware but did not comment further.

The Department of Families, Fairness and Housing (DFFH) didn't respond to The Standard's question about whether it was aware of the matters but a spokeswoman said it was working with Emma House to "ensure service continuity".

"The department respects the independence of Emma House's board in ensuring service continuity to the Warrnambool community," she said.

She said DFFH would continue to support Emma House and its staff as required.

The 2012 VCAT appearance related to Ms Dhanapala receiving trust funds when not qualified to do so.

Nearly a decade later the tribunal heard she prepared affidavits to support a client's claim of the existence of a de facto relationship, without confirming with the witnesses their knowledge of the information she included.

The Standard is not suggesting Ms Dhanapala resigned due to being previously found guilty.

All services supporting women and children experiencing family violence are continuing at Emma House.

Documents show between May and June 2007 Ms Dhanapala and Wilbert Mapombere were partners in the two-person firm D & M Lawyers.

Mr Mapombere had carriage of a file relating to a deceased estate when he accepted $101,863.22 worth of trust funds, of which $20,000 was taken as legal fees.

The Legal Services Commission claimed Ms Dhanapala co-signed four cheques presented by her partner and that she was jointly liable for his actions.

The solicitor was fined $1000.

Then in 2017 Ms Dhanapala was acting for a client who alleged he had been in a de facto relationship.

The solicitor prepared three affidavits supporting her client's claims, and falsely attested them without meeting the witnesses.

She then filed the three affidavits in court, where two of the witnesses gave evidence and the judge found their evidence was not truthful.

It was not alleged Ms Dhanapala deliberately sought to influence their evidence and one reason for offending was she had run out of time to comply with the deadline for filing of material.

Emma House announced Ms Dhanapala's role as acting CEO in June.

She took the job after the sudden resignation of Cindee Richardson, who moved to Australia from Canada in April and held the role for two months.

Ms Richardson says her position was terminated but Emma House has maintained she resigned.

Emma House is a Warrnambool-based not-for-profit service and can be contacted through 1800 EMMADV (1800 366238) or visit emmahouse.org.au.