Prosecution outcomes

Prosecution outcome for: Guriwal Aboriginal Corporation

Criminal prosecutions

Prosecution outcome for: Guriwal Aboriginal Corporation

Court and judge/magistrate: Downing Centre Local Court, Sydney (Magistrate Susan Horan)
Legislative provision/s breached
  1. 348-1(1) CATSI Act
  2. 348-1(1) CATSI Act
  3. 348-1(1) CATSI Act
  4. 348-1(1) CATSI Act
  5. 330-10(1) CATSI Act
  6. 348-1(1) CATSI Act
  7. 348-1(1) CATSI Act 

Failed to lodge reports to the Registrar for the 2021-22, 2022-23 financial years.

Sequences 1-5: Discharged without conviction under S19B Crimes Act, $1,000 recognizance and to be of good behaviour for 12 months. 

Sequences 6-7: $1,000 global fine. 

Prosecution outcome for Train 365 Indigenous Corporation (ICN 8515)

Criminal prosecutions

Prosecution outcome for: Train 365 Indigenous Corporation

Court and judge/magistrate: Orange Local Court (Magistrate Day)
Legislative provision/s breached
  1. 330-10(1) CATSI Act
  2. 330-10(1) CATSI Act
  3. 330-10(1) CATSI Act
  4. 348-1(1) CATSI Act
  5. 348-1(1) CATSI Act
  6. 348-1(1) CATSI Act
  7. 348-1(1) CATSI Act
  8. 348-1(1) CATSI Act
  9. 348-1(1) CATSI Act

Failed to lodge General, Financial and Audit Reports for 2020–21, 2021–22, 2022–23 financial years.

Conviction recorded. Penalty imposed of 2 penalty units per offence.

Total fine of $5,940. 

Prosecution outcome for Western Yalanji Aboriginal Corporation (ICN 3326)

Criminal prosecutions

Prosecution outcome for: Western Yalanji Aboriginal Corporation

Court and judge/magistrate: Mareeba Magistrates Court (Magistrate Braes)
Legislative provision/s breached
  1. 330-10(1) CATSI Act
  2. 330-10(1) CATSI Act
  3. 348-1(1) CATSI Act
  4. 348-1 (1) CATSI Act
  5. 348-1 (1) CATSI Act
  6. 348-1(1) CATSI Act

Failed to lodge general report with the Registrar for the 2021–22 and 2022–23 financial years.

Failed to lodge audit report and financial report with the Registrar for the 2021–22 and 2022–23 financial years.

Convicted on all 6 charges. Fined $10,000 and ordered to pay court costs of $111.70.

Prosecution outcome for Narang Muru Aboriginal Corporation (ICN 9376)

Criminal prosecutions

Prosecution outcome for: Narang Muru Aboriginal Corporation (ICN 9376)

Court and judge/magistrate: Downing Centre Local Court
Legislative provision/s breached
  1. 348-1(1) CATSI Act
  2. 348-1(1) CATSI Act
  3. 330-10(1) CATSI Act
  4. 348-1(1) CATSI Act
  5. 348-1(1) CATSI Act

Charges 1,2,4,5 convicted and fined $5,000.

Charge 3 proven but dismissed without penalty under s.19B.

Prosecution outcome for Northern Regional Aboriginal and Torres Strait Islander Corporation (ICN 2881)

Criminal prosecutions

Prosecution outcome for: Northern Regional Aboriginal and Torres Strait Islander Corporation (ICN 2881)

Court and judge/magistrate: Townsville Magistrates Court (Magistrate Warrington)
Legislative provision/s breached
  1. 348-1(1) CATSI Act
  2. 348-1(1) CATSI Act
  3. 348-1(1) CATSI Act
  4. 348-1(1) CATSI Act
  5. 330-10(1) CATSI Act
  6. 348-1(1) CATSI Act
  7. 348-1(1) CATSI Act

Convicted and fined $500 each for charges 1,2,3,4.

Convicted and fined $550 each for charges 5,6,7.

Total fine $3,650.

Ordered to pay $111.70 court fees.

Prosecution outcome for Mungalla Aboriginal Corporation for Business (ICN 3977)

Criminal prosecutions

Prosecution outcome for: Mungalla Aboriginal Corporation for Business (ICN 3977)

Court and judge/magistrate: Townsville Magistrates Court (Magistrate Warrington)
Legislative provision/s breached
  1. 348-1(1) CATSI Act
  2. 348-1(1) CATSI Act
  3. 348-1(1) CATSI Act
  4. 348-1(1) CATSI Act
  5. 348-1(1) CATSI Act
  6. 348-1(1) CATSI Act

All charges proven. s.19B on all offences; $2,500 in recognisance; to be of good behaviour for 19 months.

Prosecution outcome for Munjuwa Health, Housing and Community Aboriginal Corporation (ICN 662)

Criminal prosecutions

Prosecution outcome for: Munjuwa Health, Housing and Community Aboriginal Corporation (ICN 662)

Court and judge/magistrate: Parramatta Local Court (Magistrate Brender)
Legislative provision/s breached
  1. 330-10(1) CATSI Act
  2. 348-1(1) CATSI Act
  3. 348-1(1) CATSI Act

Convicted and fined $5,000 for each offence for a total fine of $15,000.

Prosecution outcome for Brett Evans

Criminal prosecutions

Prosecution outcome for: Brett Iven Evans

Court and judge/magistrate: Mount Isa District Court (Justice Dearden)
Legislative provision/s breached

s. 265-25(3)(a) CATSI Act (35 charges)

Sentenced to 4 years, 6 months imprisonment with a non-parole period of 20 months; ordered to repay a total of $421,378.20 to Mirndiyan Gununa Aboriginal Corporation, the deceased estate of Sally Gabori, and 7 other artists (including one deceased estate).

Prosecution outcome for Barwon Aboriginal Corporatino (ICN 7323)

Criminal prosecutions

Prosecution outcome for: Barwon Aboriginal Corporation (ICN 7323)

Court and judge/magistrate: Downing Centre Local Court, Sydney (Atkinson, J)
Legislative provision/s breached

s. 348-1(1) CATSI Act

Fined $2000

Prosecution outcome for Yawarra Aboriginal Corporation (ICN 958)

Criminal prosecutions

Prosecution outcome for: Yawarra Aboriginal Corporation (ICN 958)

Court and judge/magistrate: Parkes Local Court
Legislative provision/s breached

s.348-1(1) CATSI Act

Fined $500

Prosecution outcome for Kaurareg Native Title Aboriginal Corporation RNTBC

Criminal prosecutions

Prosecution outcome for: Kaurareg Native Title Aboriginal Corporation RNTBC

Court and judge/magistrate: Thursday Island Magistrates Court
Legislative provision/s breached

s. 348-1(1) CATSI Act

Charge proven but discharged without conviction under s. 19B Crimes Act 1914

Prosecution outcome for Selena Joan Lyons

Criminal prosecutions

Prosecution outcome for: Selena Joan Lyons

Court and judge/magistrate: Wagga District Court (Magistrate Kennedy)
Legislative provision/s breached

ss. 265-25(3)(a) and (3)(b) CATSI Act

Sentenced to 15 months jail. To be released after serving 9 months and placed on own recognisance for 6 months, with $500 surety.

Prosecution outcome for Sharon Anderson, Rae Fernando, Siffia Fernando, Wayne Fernando and Colin Turnbull

Criminal prosecutions

Prosecution outcome for: Sharon Anderson, Rae Fernando, Siffia Fernando, Wayne Fernando and Colin Turnbull

Court and judge/magistrate: Coonamble District Court, Coonamble (Magistrate Van Zuylen)
Legislative provision/s breached

s. 435-5(5) CATSI Act

Convicted and fined $600 each

Prosecution outcome for Jukanyula Aboriginal Corporation For Childrens Enrichment (ICN 1073)

Criminal prosecutions

Prosecution outcome for: Jukanyula Aboriginal Corporation For Childrens Enrichment (ICN 1073)

Court and judge/magistrate: Bundaberg Magistrates Court
Legislative provision/s breached

s. 348-1(1) CATSI Act

Convicted and fined $600. Ordered to pay court costs of $92.90.

Prosecution outcome for Euraba Paper Aboriginal Corporation (ICN 3791)

Criminal prosecutions

Prosecution outcome for: Euraba Paper Aboriginal Corporation (ICN 3791)

Court and judge/magistrate: Boggabilla Local Court (Local Court Magistrate Rabbidge)
Legislative provision/s breached

s. 348‑1(1) CATSI Act

Charge proven but discharged without conviction under s. 19B Crimes Act 1914

Prosecution outcome for Trevor Close

Criminal prosecutions

Prosecution outcome for: Trevor Close

Court and judge/magistrate: Downing Centre Local Court, Sydney (Magistrate Horan)
Legislative provision/s breached

s. 265‑25(3)(a) CATSI Act

Convicted and discharged on own recognisance upon giving security of $500.00 and to be of good behaviour for 12 months. Ordered to make reparations of $7,279.25 to the Githabul Nation Aboriginal Corporation RNTBC

Prosecution outcome for Southern Regional Indigenous Corporation (ICN 8098)

Criminal prosecutions

Prosecution outcome for: Southern Regional Indigenous Corporation (ICN 8098)

Court and judge/magistrate: Downing Centre Local Court, Sydney (LCM Susan McIntyre)
Legislative provision/s breached

s. 330‑10(1) CATSI Act

Fined $5000

Prosecution outcome for Koorana Aboriginal Corporation (ICN 4663)

Criminal prosecutions

Prosecution outcome for: Koorana Aboriginal Corporation (ICN 4663)

Court and judge/magistrate: Toronto Local Court (Railton Alan Wilson)
Legislative provision/s breached

s. 330‑10(1) CATSI Act

Fined $2500

Prosecution outcome for Jerringa Traditional Owners Aboriginal Corporation (ICN 7296)

Criminal prosecutions

Prosecution outcome for: Jerringa Traditional Owners Aboriginal Corporation (ICN 7296)

Court and judge/magistrate: Nowra Local Court (Magistrate Fleming)
Legislative provision/s breached

s. 330‑10(1) CATSI Act

Charge proven but dismissed without penalty under s. 19B Crimes Act 1914.

Prosecution outcome for Munjuwa Health, Housing & Community Aboriginal Corporation (ICN 662)

Criminal prosecutions

Prosecution outcome for: Munjuwa Health, Housing & Community Aboriginal Corporation (ICN 662)

Court and judge/magistrate: Queanbeyan Local Court (Magistrate Antrum)
Legislative provision/s breached

s. 348‑1(1) CATSI Act

Fined $1500