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: Ngunjiwirri Aboriginal Corporation

Criminal prosecutions

Prosecution outcome for: Ngunjiwirri Aboriginal Corporation

Court and judge/magistrate: Kununurra Magistrates Court (Chief Magistrate Heath)
Legislative provision/s breached
  1. 330-10(1) CATSI Act
  2. 348-1(1) CATSI Act
  3. 348-1(1) CATSI Act

Failed to lodge General, Financial and Audit Reports for the 2021/22 financial years.

Convicted and a global fine of $9,000 imposed.

Ordered to pay court costs of $272.70.

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 Carnarvon Medical Service Aboriginal Corporation (ICN 499)

Criminal prosecutions

Prosecution outcome for: Carnarvon Medical Service Aboriginal Corporation

Court and judge/magistrate: Carnarvon Magistrates Court (Magistrate Watson)
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
  10. 348-1(1) CATSI Act
  11. 348-1(1) CATSI Act
  12. 348-1(1) CATSI Act

Failed to lodge general, director, financial and audit Reports for 2020–21, 2021–22, 2022–23 financial years.

Conviction recorded.

Charges 1 – 3: global fine of $6,500

Charges 4-12: global fine of $20,000.

Total fines imposed $26,500.

Prosecution outcome for Kurungal Council Aboriginal Corporation (ICN 9163)

Criminal prosecutions

Prosecution outcome for: Kurungal Council Aboriginal Corporation

Court and judge/magistrate: Fitzroy Crossing Magistrates Court (Magistrate Potter)
Legislative provision/s breached
  1. 330-10(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
  6. 348-1(1) CATSI Act

Failed to lodge corporation general, financial and audit report for the 2021–22 and 2022–23 financial years.

The Court discharged the defendant under subsection 19B(1) of the Crimes Act 1914 without proceeding to conviction upon the defendant giving security by recognisance of $12,000 to comply with the following condition:

(a)    That the offender is to be of good behaviour for a period of 3 years.
 

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 Aboriginal Movement for Outback Survival (ICN 2960)

Criminal prosecutions

Prosecution outcome for: Aboriginal Movement for Outback Survival (ICN 2960)

Court and judge/magistrate: Kalgoorlie Courthouse (Magistrate Gibbs)
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

Convicted on all charges and fined a total $15,000. 

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 outcomes for Djinda Bridiya Wellbeing Australian Aboriginal Corporation (ICN 9273)

Criminal prosecutions

Prosecution outcome for: Djinda Bridiya Wellbeing Australian Aboriginal Corporation (ICN 9273)

Court and judge/magistrate: Perth Magistrates Court (Watt T)
Legislative provision/s breached
  1. s. 330-10(1) CATSI Act
  2. s. 348-1(1) CATSI Act
  3. s. 348-1(1) CATSI Act

Proven and fined $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 Abul Fazad Mohammed Abdus Shahid

Civil proceedings

Prosecution outcome for: Abul Fazad Mohammed Abdus Shahid

Court and judge/magistrate: Federal Court, Perth (Justice Barker)
Legislative provision/s breached

ss. 265-1, 265-5, 265-10 CATSI Act

Disqualified from managing corporations for 7 years; fined $100,000; ordered to pay compensation of $207,956.75 to the corporation; order to pay costs.

Prosecution outcome for Ashley Taylor

Civil proceedings

Prosecution outcome for: Ashley Taylor

Court and judge/magistrate: Federal Court, Perth (Justice Barker)
Legislative provision/s breached

ss. 265-1, 265-5, 265-10 CATSI Act

Disqualified from managing corporations for 7 years; fined $250,000; ordered to pay compensation of $182,527.41 to the corporation; order to pay costs.

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 Wila Gutharra Community Aboriginal Corporation (ICN 2705)

Criminal prosecutions

Prosecution outcome for: Wila Gutharra Community Aboriginal Corporation (ICN 2705)

Court and judge/magistrate: Geraldton Magistrates Court (Webb)
Legislative provision/s breached

ss. 330-10(1) and 348-1(1) CATSI Act

Fined $1000

Prosecution outcome for Djugun Tribal Creations Aboriginal Corporation (ICN 7044)

Criminal prosecutions

Prosecution outcome for: Djugun Tribal Creations Aboriginal Corporation (ICN 7044)

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

s. 330-10(1) CATSI Act

Convicted and released without sentence under s. 20(1)(a) Crimes Act 1914

Prosecution outcome for Burringurrah Community Aboriginal Corporation (IICN 593)

Criminal prosecutions

Prosecution outcome for: Burringurrah Community Aboriginal Corporation (ICN 593)

Court and judge/magistrate: Carnarvon Magistrates Court (Scutt)
Legislative provision/s breached

s. 348-1(1) CATSI Act

Fined $3500