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.

On 22 July 2014, Colin McCallum pleaded guilty to one count of embezzle as a clerk or servant under section 157 of the Crimes Act 1900, and one count of dishonestly obtain financial benefit by deception under section 192E of the Crimes Act. He was sentenced on 7 October 2014. He received a $2,000 fine for the offence of embezzlement as a clerk, and a $500 fine for the offence of dishonestly obtain a financial benefit.

Martin McLean pleaded guilty to 3 counts of concurring in publishing a statement he knew to be false in a material particular with intent to obtain financial advantage under section 178BB of the Crimes Act. Seven counts of the same charge were placed on a Form 1 schedule and taken into account on sentencing. He was sentenced on 1 April 2014. On two of the counts, he was dealt with under section 10A of the Crimes (Sentencing Procedure Act) 1999 whereby a conviction is recorded but no penalty applies. On the remaining count, with the matters on the Form 1 taken into account, he was sentenced to a $1,000 fine.