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.