Henry Orlanski FCPA

Member’s name: Mr Henry Orlanski FCPA
Date of Hearing: 10 August 2010
Division: Victoria
Tribunal: Disciplinary Tribunal

On 10 August 2011 the Disciplinary Tribunal found Mr Henry Orlanski breached:

• Clause 27(1 )(a) of the former Constitution in that he was ‘‘guilty of a breach of the Constitution, By-Laws, Code of Ethics or Technical Standards” in that he breached the audit independence requirements of the Code of Ethics for Professional Accountants (APES 110) in relation to his preparation of an Audit Report dated 31 December 2007 for a self managed superannuation fund (SMSF) of which he was also a Trustee for the 2007 financial year,
• Clause 27(1 )(a) of the former Constitution in that he was "guilty of a breach of the Constitution, By-Laws, Code ofProfessional Conduct or Standards” in that he breached the audit independence provisions of section 290 of APES 110 in relation to his preparation of a second Audit Report for an SMSF of which he was also a Trustee signed on 1 June 2008 for the 2007 financial year, and
• Article 39(a)(ii)F of the Constitution in that he has been "the subject of an adverse finding that has not been overturned on appeal in relation to the Member’s conduct, competence or recognition by any Court, professional body, statutory or other regulatory authority in any jurisdiction” in respect of an Order dated 17 August 2010 in which the Australian Taxation Office disqualified Mr Orlanski from being an approved auditor of a regulated superannuation entity pursuant to section 131(1) of the Superannuation (Industry) Supervision Act 1993 (Cth.).

Penalties and costs

The Disciplinary Tribunal imposed the following penalties and costs:

• As regards auditing his own SMSF, in each instance, a severe reprimand and a fine of $3000 payable within 90 days of receipt of invoice.
• As regards the Disqualification Order:
  1. that Mr Orlanski successfully pass the Advanced Audit & Assurance segment of the CPA Program by 31 December 2012, a failure to do so to result in forfeiture of Membership until
     successfully completed,
  2. that Mr Orlanski successfully complete a Quality Assurance Review with no follow up review or assurances by 31 March 2012, a failure to do so to result in forfeiture of Membership, and
• That Mr Orlanski pay costs of $612 within 30 days of invoice, a failure to pay by that date to result in forfeiture of Membership.

Should Mr Orlanski’s fail to meet any of the above requirements, including payment of the fine and costs, his Membership will be forfeited until such time as the above requirements have been satisfied, and he may not reapply for Membership at FCPA status.