Registrar's update: More prosecutions for corporations failing to report
So far in 2024, 18 Aboriginal and Torres Strait Islander corporations have been successfully prosecuted for failing to lodge their annual reports under the CATSI Act.
Preparing and lodging reports allows members to hold directors and management accountable for the corporation’s performance. Corporations that fail to meet this most basic form of accountability can expect the Registrar and other stakeholders are paying attention.
In 2023–24 the Registrar referred 29 corporations to the Commonwealth Director of Public Prosecutions for failing to lodge their annual reports for one or more of the past 3 years. Corporations are required to lodge these reports under sections 330-10 (General report to be lodged with Registrar) and 348-1 (Lodging annual reports with the Registrar) of the CATSI Act.
Of the 29 referrals, 18 have been successfully prosecuted – 1 matter did not proceed to prosecution and 10 matters are still before the court. Corporations have received fines up to the amount of $26,500.
| Corporation | State |
| Pukatja Supermarket and Associated Stores Aboriginal Corporation | NT |
| Amata Anangu Store Aboriginal Corporation | NT |
| Kurungal Council Aboriginal Corporation | WA |
| Western Yalanji Aboriginal Corporation | Qld |
| Indulkana Community Store Aboriginal Corporation | NT |
| Kanparrka Store Aboriginal Corporation | NT |
| PY Ku Aboriginal Corporation | NT |
| Palngun Wurnangat Aboriginal Corporation | NT |
| Narang Muru Aboriginal Corporation | NSW |
| The Wulaign Homelands Council Aboriginal Corporation | NT |
| Aboriginal Movement for Outback Survival Aboriginal Corporation | WA |
| Northern Regional Aboriginal and Torres Strait Islander Corporation | Qld |
| Mungalla Aboriginal Corporation for Business | Qld |
| Munjuwa Health, Housing and Community Aboriginal Corporation | NSW |
| Groote Eylandt and Milyakburra Youth Development Aboriginal Corporation | NT |
| Djinda Bridiya Wellbeing Australian Corporation | WA |
| Boonwurrung Land and Sea Council Aboriginal Corporation | Vic |
| Carnarvon Medical Service Aboriginal Corporation | WA |
The prosecutions were conducted by the Commonwealth Director of Public Prosecutions.
The Registrar considers a range of factors in deciding which corporations to refer for prosecution. Corporation size and amount of funding received are factors that increase stakeholder expectations on standards of accountability. We also consider the number of attempts made to help a corporation comply with their reporting obligations and the willingness of the corporation to comply. The group of corporations prosecuted this year are all large or medium in size. However small corporations are not outside the Registrar's sight if the potential impact and detriment to members and other users of reports is sufficiently serious.
A full list of the Registrar’s prosecution outcomes is available at oric.gov.au/prosecution outcomes.