Ronald Daubaras | CPA Australia

Content Summary

Member’s name: Mr Ronald Daubaras CPA
Date of Hearing: 3 June 2015
Division: New South Wales
Tribunal: Disciplinary Tribunal

On 3 June 2015, the Disciplinary Tribunal found Mr Ronald Daubaras breached:

Article 39(a)(ii)F of the Constitution in that he had been the subject of an adverse finding in respect of a decision by the Tax Practitioners Board (TPB) dated 20 December 2013 to suspend his registration as a tax agent for three months and that he complete and pass a course of education
Article 39(a)(ii)A of the Constitution, in that on six occasions he failed to comply with APES 310, in that he breached:
- Paragraph 4.2 of APES 310, in failing to deal with Client Monies through a Trust Account and Paragraph 5.1 of APES 310, in failing to open a Trust Account when dealing with Client Monies
- Paragraph 5.7 of APES 310, in failing to inform Clients in writing of the details of the Financial Institution at which Client Monies were held
- Paragraph 8.1 of APES 310, in failing to ensure an audit of Client Monies was undertaken annually and Paragraph 8.2 of APES 310 in failing to appoint a Member in Public Practice as Auditor to perform the audit
- Paragraph 7.1 of APES 310, in failing to maintain records in respect of Client Monies.

Penalty and costs

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

in relation to the TPB adverse finding, a severe reprimand and a $2000 fine
in relation to the breaches of APES 310, Mr Daubaras' Membership is forfeited, however that forfeiture will be permanently stayed if:
1. By 31 October 2015, all client monies are deposited into a Trust Account that complies with APES 310 and the Trust Account must have an unqualified audit report by 31 December 2015.
2. By 30 June 2016, Mr Daubaras has successfully completed a compliant Quality assurance Review.
3. By 30 June 2016, Mr Daubaras must pass the CPA practice management distance learning program.

Mr Daubaras was ordered to pay CPA Australia’s costs of $581.25.