Name Not Disclosed

Member’s name: NAME NOT DISCLOSED
Date of Hearing: 24 August 2011
Division: New South Wales
Tribunal: Disciplinary Tribunal

On 24 August 2011 the Disciplinary Tribunal found a Member breached:

• Article 39(a)(ii)A of the Constitution in that he breached By-Law 9.5(b) in that he failed to comply with all Quality Assurance requirements and successfully complete a periodic Quality Assurance review" in failing to return his signed Follow-up Review Report dated 16 July 2009 to CPA Australia despite requests made from September 2010.
• Article 39(a)(ii)l of the Constitution in that the Member "failed to comply with any reasonable and lawful direction of the Board or its delegate which relates to the good order and administration of the Company ..."in failing to respond to 6 letters and 6 telephone calls from CPA Australia in relation to a Complaint made about him

Penalties and costs

The Disciplinary Tribunal imposed the following penalties and costs:

• In relation to failing to respond to correspondence, a severe reprimand
• In relation to failing to complete a Quality Assurance Review, a severe reprimand, and
  1. that the Member have the signed Follow-up Review Report to CPA Australia within 30 days of receipt of correspondence from CPA Australia advising of the outcome of the Disciplinary Tribunal Hearing,
  2. that the Member have complying Audit Reports of his Trust Account to CPA Australia for the 2008, 2009 and 2010 years to CPA Australia within 90 days of receipt of correspondence from CPA Australia advising of the outcome of the Disciplinary Tribunal Hearing, and
  3. that any outstanding fees owed in respect of the Members Quality Assurance Review to be paid within 30 days of receipt of correspondence from CPA Australia advising of the outcome of the Disciplinary Tribunal Hearing,
  a failure to comply with any of these requirements to result in forfeiture of Membership until those requirements are satisfactorily completed.
• The Member was also ordered to pay costs of $625, payable within 30 days of receipt of invoice, a failure to pay by the due date to result in forfeiture of Membership.

The Tribunal took into account “exceptional circumstances" and ordered that the Member’s name not be disclosed. However, should the Member be forfeited for failing to comply with any of the above conditions, then the Member’s name will be disclosed.