Further prosecutions for failure to lodge

MR1617-09

The Registrar of Indigenous Corporations, Anthony Beven, has finalised prosecutions against Aboriginal and Torres Strait Islander corporations that failed to lodge their annual reports for the 2013–14 financial year. In total 18 corporations were prosecuted.

Since the Registrar’s media release of 7 March 2016 which listed four prosecutions, a further 14 corporations have been prosecuted. Eight of these corporations have been fined a collective amount of $24,500. Although offences were proven against the other six corporations they were dismissed without penalty. Three of the six were discharged with a good behaviour bond.

Unless exempted, all corporations registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 are required to lodge their annual reports with the Registrar by 31 December each year. Only a very small number of corporations don’t meet their reporting obligations.

‘My office extends full support to corporations to fulfil their reporting obligations,’ said Mr Beven. ‘Every effort is made to help, but, equally, corporations are informed very clearly that if they don’t comply they are at serious risk of prosecution.’

This latest list of prosecutions is part of the Registrar’s reporting program which aims to maintain the integrity of the public database of Aboriginal and Torres Strait Islander corporations. For the past six years compliance rates have exceeded 95 per cent. For the 2014–15 year the compliance rate was 97.1 per cent.

‘High compliance rates mean corporation members, funding agencies and others can have confidence in the public Register of Aboriginal and Torres Strait Islander Corporations,’ said Mr Beven. ‘It’s crucial that information stored in the register is accurate.’

The prosecutions were conducted by the Commonwealth Director of Public Prosecutions.

The Registrar’s prosecution program against corporations that have failed to lodge their 2014–15 annual reports is underway.

Corporations should now be lodging their 2015–16 reports. They are strongly urged not to leave the task to the last minute—the deadline for most corporations is 31 December 2016.

More information

A list of the latest convictions for failing to lodge 2013–14 reports is attached. A complete list of all the Registrar’s prosecution outcomes is available at oric.gov.au/prosecution-outcomes.

Media contact

Lisa Hugg
1800 622 431
ORIC MR1617-09
4 November 2016

Prosecution outcomes for failing to lodge 2013–14 reports—March to September 2016

Corporation State Court Date of conviction Fine
Jerringa Traditional Owners Aboriginal Corporation (ICN 7296) NSW Nowra 7/10/2016 Charge proven but dismissed without penalty under s. 19B Crimes Act 1914
Munjuwa Health, Housing & Community Aboriginal Corporation (ICN 662) NSW Queanbeyan 28/9/2016 Fined $1500
Angkamuthi Tribal Aboriginal Corporation (ICN 4638) Qld Bamaga 9/9/2016 Charge proven but dismissed without penalty under s. 19B Crimes Act 1914
Widjagudgeegudgee Aboriginal Corporation (ICN 7887) Qld Doomadgee 22/6/2016 Fined $1000
Winangali Community Development Aboriginal Corporation (ICN 4218) NSW Boggabilla 8/6/2016 Fined $5000
Djardwajarli Enterprises Aboriginal and Torres Strait Islander Corporation (ICN 7502) NSW Boggabilla 8/6/2016 Fined $5000
Ferdy's Haven Alcohol Rehabilitation Aboriginal Corporation (ICN 84) Qld Palm Island 10/5/2016 Fined $2000
Graphic Arts and Design Training & Employment Aboriginal and Torres Strait Islander Corporation (ICN 7984) NSW Parramatta 10/5/2016 Fined $1000
New South Wales Aboriginal Golf Association (Aboriginal Corporation) (ICN 4057) NSW Parramatta 10/5/2016 Charge proven but dismissed without penalty under s. 19B Crimes Act 1914
Kullila Housing & Cultural Heritage Aboriginal Corporation (ICN 2173) NSW Port Kembla 30/3/2016 Charge proven but dismissed without penalty under s. 19B Crimes Act 1914 upon recognizance to be of good behaviour for 12 months and a surety of $1000
Burringurrah Community Aboriginal Corporation (ICN 593) WA Meekatharra 16/3/2016 Fined $6000
Winjamanu Store Aboriginal Corporation (ICN 7265) WA Meekatharra 16/3/2016 Fined $3000

Bundaghan Aboriginal Corporation (ICN 7451)

Qld Gladstone 9/3/2016 Charge proven but dismissed without penalty under s. 19B Crimes Act 1914 upon recognizance to be of good behaviour for 12 months and a surety of $500
Bailai Aboriginal Corporation for Land and Culture (ICN 2732) Qld Gladstone 9/3/2016 Charge proven but dismissed without penalty under s. 19B Crimes Act 1914 upon recognizance to be of good behaviour for 12 months and a surety of $500