Avitus T Fernandez

Member’s name: Mr Avitus T Fernandez
Date of Hearing: 17 July 2014
Division: Victoria
Tribunal: Disciplinary Tribunal

On 17 July 2014 the Disciplinary Tribunal determined Mr Avitus T Fernandez breached:

Miss Yao (Charlie) Chen was guilty of "conduct which is derogatory to, or not in the best interests of the Company or its members’" when sitting the CPA Program Financial Reporting exam on 23 October 2013.

• Article 39(a)(ii)F of the Constitution in that he had ‘been the subject of an adverse finding … in relation to the Member's conduct, competence or recognition by any Court, professional body, statutory or other regulatory authority’ in respect of a Decision of the Companies Auditors and Liquidators Board (CALDB) dated 29 October 2013 cancelling his registration as a liquidator on the grounds that he was not a fit and proper person to remain registered as a liquidator
• Article 39(a)(ii)I of the Constitution in that he failed to comply with any reasonable and lawful direction of the Board or its delegate …’ in failing to provides a sufficient and satisfactory explanation in writing in relation to a complaint made about him

Mr Fernandez did not attend the Disciplinary Tribunal Hearing.

Penalty and costs 

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

• in relation to Complaint 1, forfeiture of Membership
• in relation to Complaint 2, a fine of $1000 and a severe reprimand

The Disciplinary Tribunal determined that Mr Fernandez is not eligible for readmission to Membership for ten years and, at the expiration of that ten year period, prior to any application for readmission to Membership he must first:

• successfully complete the CPA Program or its equivalent
• pay all monies outstanding to CPA Australia
• if he is offering Public Accounting Services, he must first complete the CPA Australia Public Practice Program or its equivalent

Mr Fernandez was also ordered to pay costs of $641.03.