Name Not Disclosed

Member’s name: Name Not Disclosed
Date of Hearing: 15 November 2012
Division: Victoria
Tribunal: Disciplinary Tribunal

On 15 November 2012 the Disciplinary Tribunal found that a Member breached:

• Article 39(a)(ii)E of the Constitution in that the Member was "insolvent"
• Article 39(a)(ii)G of the Constitution in that the Member "pleaded guilty ... without conviction any offence ... which in the reasonable opinion of the Board is likely to materially adversely reflect upon or affect the standing or reputation of the Company" in respect of a breach of section 18 of the Crimes Act on 28 February 2012 in the Magistrates’ Court.

Penalty and Costs

The Disciplinary Tribunal imposed sanction of suspension of Membership for the period of the bankruptcy.

In relation to the breach of Article 39(a)(ii)G, the Disciplinary Tribunal noted that that no conviction was recorded and the penalty imposed by the Court was at the lower end of the scale. In respect of that breach the Disciplinary Tribunal imposed a severe reprimand.

The Disciplinary Tribunal also required the Member pay CPA Australia’s costs of $552 prior to the suspension being lifted.

The Disciplinary Tribunal took into account "exceptional circumstances” and determined that the outcome of the Hearing be published but that the Member not be named.