Documents reveal details of Kakadu Aboriginal corporation raid as ‘further questioning’ expected

A search warrant executed by the regulator cited ‘allegations of offences having been committed’ by six people who were ‘directors or officers’ of an Aboriginal corporation, documents reveal.

The documents reveal GAC, which looks after Kakadu National Park for the Mirarr Traditional Owners, believes it is ‘likely that some activity may be generated around further questioning’ of its staff in the coming months.

Kakadu’s Gundjeihmi Aboriginal Corporation has agreed to pay staff members’ legal fees stemming from potential criminal charges against “six named persons” after it was raided by the regulator in 2019.

It comes after NT Police accompanied investigators from the Office of the Registrar of Indigenous Corporations in a search of the GAC offices over undisclosed allegations more than three years ago.

The corporation’s latest financial report, filed with ORIC, reveals the “warrant and its execution on the same day” remain “the only procedural step undertaken” as of June last year.

“The warrant cited allegations of offences having been committed by six named persons who were directors or officers of the corporation during the period from 2012 to 2016,” the document reads.

“No charges have been laid against any person. No specific allegations and no further enquiries have been made since the search and seizure of documents occurred.

“Should the investigation find evidence of impropriety, the corporation does not have any liability for the offences as none of the alleged conduct would fall within the scope of the officers(‘) employment duties.”

Meanwhile, the documents reveal deeds of indemnity for the affected staff members were authorised at a “special meeting of the company and subsequent board meeting”, in a “process advised to and approved by ORIC”.

“On June 9 2021 several members and two present officers, one adviser and two former employees entered into Deeds of Indemnity to cover legal costs associated with the present ORIC investigation and any possible proceedings that may arise from a recommendation to the Director of Public Prosecutions,” the document reads.

“The coverage is for legal costs incurred in the investigation (interview) stage or subsequent criminal prosecution and operates as a loan recoverable should ultimately there be any criminal proceedings resulting in a conviction.

“At present it is highly unlikely that the ORIC Investigation with (sic) be concluded in the financial year ending 30 June 2023.

“It is likely that some activity may be generated around further questioning of officers of the Corporation and for that they will have legal representation.”

A spokeswoman for ORIC did not answer direct questions about the probe, saying only that “the registrar has a general policy of not commenting on investigations”.

GAC did not respond to a request for comment but at the time of the raid a spokesman for the corporation said it was “fully co-operating with their inquires”.

“At this time GAC does not know what is being investigated,” he said.