Wyndham councillor Intaj Khan has been convicted and fined $23,000 for the incomplete and late filing of ordinary returns.
At Sunshine Magistrates Court this morning, Magistrate Therese McCarthy fined Cr Khan a total of $8000 for two counts of failing to submit ordinary returns between February 2016 and February 2017 on time, and $15,000 total for three counts of failing to disclose companies in which he held office during the return period and three counts of failing to disclose companies in which he held a financial interest.
Cr Khan pleaded guilty to all charges in a hearing last month.
In handing down her findings, Magistrate McCarthy noted that the offences occurred shortly after a 2015 investigation by the Local Government Inspectorate which resulted in Cr Khan receiving a written warning and subsequent training, which specifically covered councillors’ obligations regarding ordinary returns.
She said although Cr Khan had no prior criminal history and should “be credited for the significant contribution to the community you have made”, his non-compliance following this training was an “aggravating factor”.
She also cited an email sent out to Wyndham councillors on January 4, 2016, which included a copy and guide to filling out ordinary returns.
Magistrate McCarthy said this, coupled with the importance of correctly filing returns to ensure good governance, were behind her reasons for the conviction.
She said given the prior warnings and information provided it would be possible to concur that Cr Khan’s next return would be filed on time and with the correct details, however that was not the case.
Pic Marco De Luca
“Given the training you undertook – notwithstanding the submission that the training may not have exactly been on point – you are a sophisticated business man and are capable of asking questions as part of that training, and that the purpose of the training was no doubt to focus your mind on the importance of compliance with your reporting obligations,” she said.
“You were on notice at that time about returns, and the public interest in reporting.”
The Local Government Act 1989 requires individual councillors to lodge returns – which detail property holdings, board positions and the like – every six months while they are in office. This is to ensure that councillors declare any conflicts of interests regarding council business.
Despite the conviction, the offences are not considered serious enough for Cr Khan to be disqualified as a councillor.
Cr Khan has lodged an appeal against the decision, which will be heard on September 14 in the County Court.
“After giving careful consideration to the court’s decision on [the] sentence and the reasons for it, and after obtaining legal advice, I have decided to appeal,” he said.
