Name not disclosed

Member’s name: Name not disclosed
Date of Hearing: 17 September 2013
Division: Western Australia
Tribunal: Disciplinary Tribunal

On 17 September 2013 the Disciplinary Tribunal found a Member breached Article 39(a)(ii)C of the Constitution in that the Member "failed to observe a proper standard of professional care, skill or competence" in relation to:

• failing to forward Australian Taxation Office (ATO) Notices to a client
• failing to advise the client to lodge an objection to the ATO Notices until the client was out of time,

resulting in the client briefing lawyers and expending funds to have the ATO position rectified.

The Member attended the Disciplinary Tribunal Hearing and denied the breach. 

Penalty and Costs

The Disciplinary Tribunal found the complaint sustained and imposed the following penalties:

• a severe reprimand
• that the Member successfully complete the Ethics & Governance segment of the CPA Program by 30 December 2014, a failure to do so to result in forfeiture of membership until completed.

The Member was also ordered to pay costs of $857.08.

The Disciplinary Tribunal took into account "exceptional circumstances" and ordered that the Member’s name not be disclosed.