Gandangara LALC - allegations concerning chief executive officer and board members (Operation Greer)

Year: 2017 Status: Completed

The ICAC investigated allegations concerning the Gandangara Local Aboriginal Land Council (GLALC) (Operation Greer), including that, between February 2007 and March 2014, GLALC board members partially exercised their official functions by agreeing to employment arrangements with GLALC CEO Mark Johnson under which his company, Waawidji Pty Ltd, derived benefits from the GLALC.

It was also alleged that Mr Johnson improperly exercised his public official functions, by: between March 2011 and April 2013, authorising the transfer of GLALC funds to Gandangara Future Fund Ltd; between 2009 and 2013, authorising the payment of GLALC funds for the benefit of Deerubbin, Walgett and La Perouse Local Aboriginal Land Councils, and partly for the benefit of Waawidji Pty Ltd; and between 2010 and 2014, claiming the provision of benefits from GLALC for himself or Waawidji Pty Ltd, including money, to which he knew he was not lawfully entitled.

In its report on the investigation, made public on 23 February 2017, the Commission makes findings of serious corrupt conduct against Mr Johnson. There are no findings of serious corrupt conduct made against members of the GLALC board.

Findings of corrupt conduct

The ICAC found that Mark Johnson engaged in serious corrupt conduct by:

  • from about June 2010, continuing to act as chief executive officer (CEO) of Gandangara Local Aboriginal Land Council (GLALC) despite knowing that his company, Waawidji Pty Ltd, was receiving benefits from GLALC by way of deposits of funds into the Waawidji bank account (which totalled $107,023.28 between June and December 2010) and knowing that, under section 78B(1)(e) of the Aboriginal Land Rights Act 1983 (the ALR ACT), that he was not entitled to continue to be employed as the CEO of GLALC because he was a person who had an interest in a corporation that received a benefit from GLALC
     
  • on 14 occasions, between 30 June 2011 and 12 November 2012, improperly favouring Gandangara Future Fund (GFF) by authorising the transfer of funds totalling $5,370,000 from the GLALC trust account to GFF knowing that he did so contrary to legal advice he had obtained that any transfer of funds from GLALC to GFF had to be by way of a commercial loan secured by a charge. He authorised 13 of the 14 transfers, totalling $4,970,000, knowing that they did not comply with the GLALC board resolution of 11 July 2011, authorised 12 of the transfers, totalling $4,670,000, knowing that did not comply with the GLALC members’ resolution of 27 July 2011, and authorised three of the transfers, totalling $960,000, despite knowing that his actions contravened the ALR Registrar’s compliance direction of 31 August 2012
     
  • improperly exercising his official functions as GLALC CEO to arrange the payment by GLALC invoices, totalling $70,568.58, to fund Deerubbin Local Aboriginal Land Council’s development for sale of 10 lots at Terrace Falls Road in Hazelbrook, in order to ensure that the lots could be sold so that Waawidji would benefit by receiving $5,500 (inclusive of GST) for each lot sold.

Recommendations for prosecutions

The Commission must seek the advice of the Director of Public Prosecutions (DPP) on whether any prosecution should be commenced. The DPP determines whether any criminal charges can be laid, and conducts all prosecutions. The Commission provides information on this website in relation to the status of prosecution recommendations and outcomes as advised by the DPP. The progress of matters is generally within the hands of the DPP. Accordingly, the Commission does not directly notify persons affected of advice received from the DPP or the progress of their matters generally.

The ICAC is not of the opinion that the advice of the Director of Public Prosecutions should be obtained with respect to the prosecution of Mark Johnson.

Recommendations for disciplinary action

Mark Johnson is no longer employed by Gandangara Local Aboriginal Land Council. Therefore, the possibility of taking disciplinary action against him or taking action with a view to his dismissal as a public official does not arise.

Recommendations for corruption prevention

The Commission has not made any corruption prevention recommendations in this report. The evidence obtained during the course of this investigation will help to inform the ICAC’s forthcoming report on the governance of Local Aboriginal Land Councils.

Media Releases
Witness Transcripts

View all transcripts associated with this investigation. The Commission makes every effort to post the daily transcripts of its public inquiries on its website by 8:00 pm each day when possible. If the Commission sits later than 4:00 pm, the daily transcripts, particularly the afternoon session, may not be available until the next working day.

Filename File Size KB Date pp. Time
10-05-2016 Operation Greer transcript pp. 00105-00143 from 2.05pm to 3.57pm.pdf 146 10/05/16 00105-00143 2.05pm to 3.57pm
19-05-2016 Operation Greer transcript pp. 00688-00719 from 2.05pm to 3.51pm.pdf 123 19/05/16 00688-00719 2.05pm to 3.51pm
20-05-2016 Operation Greer transcript pp. 00720-00776 from 10.10am to 1.03pm.pdf 221 20/05/16 00720-00776 10.10am to 1.03pm
23-05-2016 Operation Greer transcript pp. 00871-00912 from 2.05pm to 4.01pm_Redacted.pdf 171 23/05/16 00871-00912 2.05pm to 4.01pm
09-05-2016 Operation Greer transcript pp. 00001-00016 from 10.17am to 12.21pm.pdf 92 09/05/16 00001-00016 10.17am to 12.21pm
09-05-2016 Operation Greer transcript pp. 00028-00029 from 2.07pm to 2.09pm.pdf 13 09/05/16 00028-00029 2.07pm to 2.09pm
10-05-2016 Operation Greer transcript pp. 00061-00104 from 10.30am to 12.51pm.pdf 162 10/05/16 00061-00104 10.30am to 12.51pm
11-05-2016 Operation Greer transcript pp. 00144-00192 from 10.05am to 1.01pm.pdf 174 11/05/16 00144-00192 10.05am to 1.01pm
11-05-2016 Operation Greer transcript pp. 00193-00229 from 2.05pm to 4.02pm.pdf 135 11/05/16 00193-00229 2.05pm to 4.02pm
12-05-2016 Operation Greer transcript pp. 00230-00269 from 10.10am to 1.08pm.pdf 145 12/05/16 00230-00269 10.10am to 1.08pm
12-05-2016 Operation Greer transcript pp. 00270-00305 from 2.17pm to 4.03pm.pdf 133 12/05/16 00270-00305 2.17pm to 4.03pm
13-05-2016 Operation Greer transcript pp. 00306-00344 from 10.05am to 12.08pm.pdf 150 13/05/16 00306-00344 10.05am to 12.08pm
13-05-2016 Operation Greer transcript pp. 00345-00392 from 1.30pm to 4.14pm.pdf 179 13/05/16 00345-00392 1.30pm to 4.14pm
16-05-2016 Operation Greer transcript pp. 00393-00422 from 11.30am to 12.59pm.pdf 116 16/05/16 00393-00422 11.30am to 12.59pm
16-05-2016 Operation Greer transcript pp. 00423-00465 from 2.00pm to 4.00pm.pdf 162 16/05/16 00423-00465 2.00pm to 4.00pm
17-05-2016 Operation Greer transcript pp. 00466-00506 from 10.05am to 1.00pm.pdf 180 17/05/16 00466-00506 10.05am to 1.00pm
17-05-2016 Operation Greer transcript pp. 00507-00546 from 2.10pm to 3.54pm.pdf 146 17/05/16 00507-00546 2.10pm to 3.54pm
18-05-2016 Operation Greer transcript pp. 00547-00598 from 10.15am to 12.54pm.pdf 190 18/05/16 00547-00598 10.15am to 12.54pm
18-05-2016 Operation Greer transcript pp. 00599-00642 from 2.08pm to 4.13pm.pdf 179 18/05/16 00599-00642 2.08pm to 4.13pm
19-05-2016 Operation Greer transcript pp. 00643-00687 from 10.07am to 1.01pm.pdf 180 19/05/16 00643-00687 10.07am to 1.01pm
20-05-2016 Operation Greer transcript pp. 00777-00818 from 2.05pm to 3.55pm.pdf 160 20/05/16 00777-00818 2.05pm to 3.55pm
23-05-2016 Operation Greer transcript pp. 00819-00870 from 10.10am to 1.06pm_Redacted.pdf 194 23/05/16 00819-00870 10.10am to 1.06pm
24-05-2016 Operation Greer transcript pp. 00913-00958 from 10.10am to 1.02pm.pdf 176 24/05/16 00913-00958 10.10am to 1.02pm
24-05-2016 Operation Greer transcript pp. 00959-00994 from 2.10pm to 3.59pm.pdf 134 24/05/16 00959-00994 2.10pm to 3.59pm
25-05-2016 Operation Greer transcript pp. 00995-01034 from 10.10am to 1.01pm.pdf 147 25/05/16 00995-01034 10.10am to 1.01pm
25-05-2016 Operation Greer transcript pp. 01035-01064 from 2.05pm to 4.03pm.pdf 109 25/05/16 01035-01064 2.05pm to 4.03pm
26-05-2016 Operation Greer transcript pp. 01065-01115 from 10.14am to 12.58pm.pdf 171 26/05/16 01065-01115 10.14am to 12.58pm
26-05-2016 Operation Greer transcript pp. 01116-01139 from 2.07pm to 3.31pm.pdf 86 26/05/16 01116-01139 2.07pm to 3.31pm
30-05-2016 Operation Greer transcript pp. 01140-01184 from 2.07pm to 4.09pm.pdf 151 30/05/16 01140-01184 2.07pm to 4.09pm
31-05-2016 Operation Greer transcript pp. 01185-01230 from 10.07am to 1.00pm.pdf 171 31/05/16 01185-01230 10.07am to 1.00pm
31-05-2016 Operation Greer transcript pp. 01231-01271 from 2.05pm to 3.50pm.pdf 153 31/05/16 01231-01271 2.05pm to 3.50pm
01-06-2016 Operation Greer transcript pp. 01272-01324 from 09.50am to 1.03pm-a.pdf 210 01/06/16 01272-01324 09.50am to 1.03pm
01-06-2016 Operation Greer transcript pp. 01325-01360 from 2.05pm to 4.04pm.pdf 129 01/06/16 01325-01360 2.05pm to 4.04pm
02-06-2016 Operation Greer transcript pp. 01361-01397 from 2.10pm to 4.02pm.pdf 140 02/06/16 01361-01397 2.10pm to 4.02pm
16-06-2016 Operation Greer transcript pp. 01398-01442 from 10.15am to 1.04pm.pdf 158 16/06/16 01398-01442 10.15am to 1.04pm
16-06-2016 Operation Greer transcript pp. 01443-01458 from 2.05pm to 3.00pm.pdf 64 16/06/16 01443-01458 2.05pm to 3.00pm
Exhibits

Greer Exhibit List (PDF)

Download exhibits associated with this investigation below.         

Public notices