The Australian
Indigenous Affairs Minister Nigel Scullion has asked the Prime Minister’s Department to investigate a senior official after the disclosure of embarrassing emails that indicate a “compromised” relationship with the chief executive of a wealthy Aboriginal corporation.
Senator Scullion’s office confirmed the investigation to The Australian when asked if the minister still had confidence in the Registrar of Indigenous Corporations, Anthony Beven, who supervises thousands of Aboriginal businesses. “The minister has referred this matter to his department to establish if there is a prima facie case against Mr Beven,” a spokesman said.
Senator Scullion revealed he had extended Mr Beven’s appointment for 12 months despite criticism about his role. He has held the job since 2007.
Last year, The Australian revealed a series of very friendly email exchanges between Mr Beven and Steve Mav, the former chief executive of Gumala Aboriginal Corp, which benefits from an iron ore royalty agreement with Rio Tinto.
In one exchange, Mr Beven said he secretly supported Mr Mav’s plan to merge the operations of the Gumala trustee, meant to provide independent oversight, and he provided advice on the merger.
West Australian Labor MP Allanah MacTiernan said the government’s oversight of indigenous corporations had been severely compromised following the disclosure of other emails in which Mr Beven urged Mr Mav to stand for Labor preselection. Mr Beven wrote to Mr Mav in June 2013: “Stephen Smith resigning. Time to show your hand if you are serious.”
The registrar wrote two other emails to Mr Mav referring to his political aspirations. He also wrote he supported Mr Mav’s plan to merge the operations of the independent trustee. Ms MacTiernan said the emails showed “the line between regulator and regulated has been compromised”. She called on the government to inquire into whether Mr Beven had breached the public service code of conduct.
The emails were identified in a Freedom of Information request by The Australian that resulted in the release of more than 40 exchanges between the two between October 2011 and February 2014. But three emails that contain the political references were deemed to be wholly exempt under the act on privacy grounds. At the time of these exchanges, Mr Beven’s office was receiving a steady stream of complaints about Mr Mav’s running of GAC. One complaint made by The Australian about $467,000 in payments for the benefit of one elder, which appeared to have not followed due process, was dismissed by the Office of the Register of Indigenous Corporations as “hardship payments”. Senator Scullion said he stood by ORIC’s view the law was not breached. Ms MacTiernan said any role played by Mr Beven in ORIC’s refusal to release the two emails should be disclosed. “It would be interesting to know what input Mr Beven had in the decision making process,” she said.
Speaking in parliament’s Federation Chamber last month, Ms MacTiernan said the running of GAC clearly escaped the scrutiny that was required. The emails showed “that the pair were in constant contact — the tenor is very personal”.
“The administration of the Gumala Aboriginal Corporation has been a matter of notoriety for many years in the Pilbara. ORIC did a routine investigation in 2011 — which led to a notice of notice of compliance. But the conduct of the former CEO, Mr Steve Mav, seemed immune from action,” she said.
Ms MacTiernan said Mr Beven could not be permitted to have any involvement with the investigation into Gumala.
Senator Scullion said he had confidence Mr Beven had not played a role in the decision not to release the three emails. His spokesman said: “The FOI request was processed by the ORIC FOI officer — not the Registrar. The Australia Government Solicitor was engaged to provide legal services in relation to your FOI request, including a review of the located documents against the terms of the FOI request and preparation of decision documentation.”
The featured image shows Registrar of Indigenous Corporations, Anthony Beven, who supervises thousands of Aboriginal businesses.
Follow-up article in The Australian from 28 May 2015 below.
Emails reveal friendly advice from ORIC
Emails exchanged between former Gumala chief executive Steve Mav and Office of the Registrar of Indigenous Corporations head Anthony Beven show they developed a chummy relationship at a time when ORIC was being inundated with complaints from Gumala members about its financial management.
Emails obtained under Freedom of Information legislation show that Beven went as far as advising Mav on the merger of Gumala Aboriginal Corporation’s operations with Gumala Investments.
When Mav presented Beven with his plan to call the merged entity Gumala Inc, an unwitting reference to WA Inc, Beven pointed out that this was not a wise move as the suffix indicated Gumala would be incorporated under West Australian law. “The WA legislation would not be an appropriate incorporation legislation for a significant and complex entity such as the one proposed,” Beven wrote in January last year.
When a photo of Mav appeared in The Australian alongside a feature about indigenous corporations in October 2013, Beven wrote to Mav: “How come you get a photo in The Australian. I agree with what you said about the distribution of royalties.”
Beven was referring to Mav’s call for legislative change to allow indigenous corporations to distribute cash more freely.
When Beven told Mav in October 2012 that he had been “quizzed” in Senate estimates about Gumala, Mav was on one of his many overseas trips. He replied: “Hi Anthony! Greetings from Alaska.”
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