William J Toner

Member’s name: Mr William J Toner
Date of Hearing: 20 August 2013
Division: Queensland
Tribunal: Disciplinary Tribunal

On 20 August 2013 the Disciplinary Tribunal found Mr William J Toner breached:

• Article 39(a)(ii)E of the Constitution in that on 25 July 2012 he filed for bankruptcy by way of a Debtors Petition and was therefore "Insolvent".

• Article 39(a)(ii)B.2) of the Constitution in that he was guilty of "conduct which is derogatory to, or not in the best interests of CPA Australia or its Members" in failing to pay sixteen former employees’ superannuation guarantee contributions from June 2010 to June 2012

• Article 39(a)(ii)B.2) of the Constitution in that he was guilty of "conduct which is derogatory to, or not in the best interests of CPA Australia or its Members" in having a BAS debt exceeding $68,000 owing to the Australian Taxation Office

• Article 39(a)(ii)A of the Constitution in that he breached By-Law 9 in that he was a principal in public practice offering public accounting services since around July 2004 without a CPA Australia Public Practice Certificate.

Mr Toner attended the Disciplinary Tribunal Hearing and admitted the breaches.

Penalty and Costs

The Disciplinary Tribunal imposed the following penalties and costs:

• as regards his bankruptcy, forfeiture of his membership for three years from the later of the date of his bankruptcy or the period of the bankruptcy

• as regards the other complaints, a severe reprimand

• prior to any application for readmission, Mr Toner first successfully complete the CPA Program or its equivalent, and

• if Mr Toner is (or becomes) a principal offering public accounting services he must first satisfactorily complete the Public Practice Program.

Mr Toner was also required to pay costs of $841.