Kenneth W Rogers

Member’s name: Mr Kenneth W Rogers
Date of Hearing: 26 March 2014
Division: New South Wales
Tribunal: Disciplinary Tribunal

On 26 March 2014 the Disciplinary Tribunal found Mr Kenneth W Rogers ‘guilty of … conduct which is derogatory to, or not in the best interests of the Company or its Members’ on five occasions:

• when lodging the annual returns for an SMSF for three financial years, he declared to the Australian Taxation Office in those returns that audits of the SMSF had been completed, when they had not
• in invoicing the SMSF on two occasions, which invoices included a charge for the audits which had not been done.

Mr Rogers attended the Disciplinary Tribunal Hearings and admitted the Complaints.

Penalty and costs 

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

• in respect of the false declarations made to the ATO on the SMSF returns, forfeiture of Membership and not eligible for readmission until 31 March 2016
• in respect of the invoices, a severe reprimand in respect of each
• prior to readmission, Mr Rogers must first successfully complete a Quality Review.

Mr Rogers was also ordered to pay costs of $946.88.