Name Not Disclosed

Member’s name: NAME NOT DISCLOSED
Date of Hearing: 17 August 2011
Division: Western Australia
Tribunal: Disciplinary Tribunal

On 17 August 2011 the Disciplinary Tribunal found a Member breached:

• Article 39(a)(ii)A of the Constitution in that the Member breached By-Law 9.5(b) which provides:
  
  “Every Member holding current a Public Practice Certificate shall, for so long as the Member shall hold the Public Practice Certificate:
  (a) ...
  (b) comply with all Quality Assurance requirements and successfully complete a periodic Quality Assurance review”.
  
  in that the Member failed to successfully complete a Quality Assurance Review.
• 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 that the Member failed to respond to correspondence from CPA Australia in respect of a complaint made about the Member (6 letters and 5 telephone calls).

Penalties and Costs

The Disciplinary Tribunal imposed the following penalties and costs:

• In relation to failing to respond to correspondence from CPA Australia, a severe reprimand.
• In relation to the failure to complete a Quality Assurance review, a severe reprimand, and:
  1. the Member must comply with the assurances set out in CPA Australia’s letter to the Member dated 2 November 2009
  2. all outstanding documentation must be forwarded to the Reviewer on or before 5 September
     2011
  3. the reviewer and Member must sign off on the acceptance of the documentation by 6 October
     2011 (or such other date as determined by the reviewer)
  a failure to meet the above deadlines to result in forfeiture of membership until all Quality Assurance
  requirements have been met.
• That the Member pay costs of $736 within 30 days of receipt of invoice, a failure to pay by that date to
  result in forfeiture of Membership.
• Should the Member be forfeited for the reasons referred to above, a condition of readmission is that the
  Member must have completed the above outstanding Quality Assurance requirements.

The Disciplinary Tribunal took into account "exceptional circumstances” and ordered that the Member’s name
not be published but should the Member fail to meet the above Quality Assurance requirements by the due
dates, the Member’s name will be published