Following an ASIC investigation, Mr Neil John Evans, 57, of Wodonga, Victoria, has been charged over fraudulent voting in the director elections for WAW Credit Union Co-Operative Limited (WAW).

Between 4 November 2015 and 18 November 2015, WAW conducted elections to fill two vacant board positions. The voting took place electronically, with WAW members using their personal details to gain access to an online portal to cast votes.

ASIC alleges that Mr Evans, a financial planner, misused the personal details of approximately 499 WAW members to gain access to the online voting portal and cast ballots in the election for two candidates without the authorisation of those members. ASIC alleges that Mr Evans sourced those details from a list of WAW customers that he had obtained for the purposes of marketing his financial planning services.

ASIC alleges that the consequences of Mr Evans’ voting was that one person was improperly elected to the WAW board and another person who should have been elected was not.

Mr Evans has been charged with one count of causing unauthorised modification to data held in a computer contrary to section 247C of the Victorian Crimes Act, which carries a maximum penalty of 10 years imprisonment.

ASIC does not allege that anyone else was involved in Mr Evans’ unauthorised voting.

The matter has been listed for a plea hearing before the Melbourne Magistrates’ Court on 5 July 2018.

The matter is being prosecuted by the Commonwealth Director of Public Prosecutions.

Background

WAW is an unlisted public company that operates as a credit union, with its head office located in Wodonga, Victoria and servicing the geographic areas of North East Victoria and Southern New South Wales.

All WAW deposit account customers are also shareholders and entitled to vote in board elections.

During the November 2015 WAW board election, four candidates—Timothy Frazer, David Iverson, Ali Pockley and Tracey Toohey—stood for two vacant board positions. Following the election, Mr Frazer and Mr Iverson were declared the successful candidates and appointed to the WAW board. 

In the absence of the votes that ASIC alleges were cast by Mr Evans, Mr Frazer would not have been elected to the WAW board while Ms Toohey would have been elected.

On 4 December 2017, Mr Frazer resigned as a director of WAW.