Name Not Disclosed

Member’s name: NAME NOT DISCLOSED
Date of Hearing: 14 December 2011
Division: Northern Territory
Tribunal: Disciplinary Tribunal

On 14 December 2011 the Disciplinary Tribunal found a Member breached Clause 27(1 )(h) of the former Constitution in that the Member "pleaded guilty to, or been found guilty of... any offence ... before any Court in any jurisdiction which, in the case of a finding or conviction is Final" in respect of having pleaded guilty to charges brought in the Northern Territory Supreme Court on 14 October 2008 in respect of offences committed before the person became a member of CPA Australia.

At the Disciplinary Tribunal Hearing the Member admitted the Complaints brought against him by CPA Australia and outlined particular mitigating circumstances that the Tribunal accepted made the matter exceptional.

Penalties and costs

The Disciplinary Tribunal imposed the following penalties and costs:

• A severe reprimand.
• Forfeiture of Membership, with the forfeiture stayed and only taking effect if:
  1. before 31 December 2013 a complaint to CPA Australia is made against the Member that is brought before a Disciplinary Tribunal and is sustained,
  2. if the Member fails to complete the remaining segments of the CPA Program by 31 December 2013, or such further period that CPA Australia allows if satisfied that unusual circumstances have intervened preventing completion before that date,
  3. before 31 December 2013 the Member is convicted of any offence a constituent element of which involves dishonesty which is not set aside on appeal within three months of conviction, or
  4. before 31 December 2013 the Member fails to meet any financial obligations to CPA Australia within 14 days of the date due for payment.

The Tribunal also ordered that the outcome of the Hearing be published but publication of the Member’s name be stayed on the same terms as the stay of forfeiture of membership.