Mr Pontello said that the Jerrinja Local Aboriginal Land Council (JLALC) owns 28 houses at the former Roseby Park Reserve, Orient Point, and provided a Land Title document to support his claim.

Under the NSW Aboriginal Land Rights Act, the NSW Aboriginal Land Council (NSWALC) oversees operations of Local Aboriginal Land Councils.

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"In February 2019 NSWALC placed JLALC under a Performance Improvement Order to outsource its housing management," Mr Pontello said.

"To comply, JLALC approached Southern Cross Housing to act as its managing agent. This decision was made at the board rather than members level."

Mr Pontello said the Land Rights Act and the performance improvement order did not require the decision to go to JLALC members.

Southern Cross Housing agreed to manage the properties in August of 2019, although Mr Wellington said disputes over tenancy agreements have been ongoing for more than 12 months prrior to July 2020.

On July 1, police were called when an attempt was made to evict a Jerrinja elder from her home.

"I'd like to acknowledge and commend the proud Jerrinja families who are paying rent and doing the right thing," Mr Pontello said.

"Unfortunately, there are some people living there that refuse to pay one cent and expect to live for free. This means there is not enough money to even fix up and maintain the homes of the families that are paying rent.

"It is very distressing having to evict a tenant and we do this as a last resort."

Mr Pontello said Southern Cross Housing offer payment plans, specialist support and a COVID-19 hardship policy in place to help defer rent payments or assist tenants who are struggling to pay.

"When tenants refuse to engage and not pay anything in 10 months, we are obligated to abide by a court order and follow the eviction process," he said.

"We have evidence these people haven't paid anything for years and years. Our job is to present the facts to the NSW Civil and Administrative Tribunal (NCAT) and then they make the decisions."