Name not disclosed

Member’s name: Name not disclosed
Date of Hearing: 9 August 2016
Division: Victoria
Tribunal: Disciplinary Tribunal

On 9 August 2016, the Disciplinary Tribunal found a Member breached Article 39(a)(ii)G of the Constitution on three occasions, in respect of being found guilty on 2 March 2016 in the Melbourne Magistrates’ Court of:

• two counts of indecent assault (section 39(1) of the Crimes Act 1958)
• one count of an indecent act with a person under the age of 16 (section 47(1) of the Crimes Act). 

The Magistrate convicted the Member and sentenced him to a Community Corrections Order until 2 September 2017 and 100 hours community service.

The Member attended the Disciplinary Tribunal Hearing and admitted the Complaints.

Penalty and costs

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

• forfeiture of Membership
• not eligible for readmission until 9 August 2020
• should the Member seek application for readmission at the expiration of the period of forfeiture, he must first provide evidence to the satisfaction of the General Manager Professional Conduct that he has no criminal convictions during the period of forfeiture
• within six months after readmission, the Member must successfully complete a compliant Quality Review at his own cost.

The Member was ordered to pay CPA Australia’s costs of $510.09. 

The Disciplinary Tribunal took into account exceptional circumstances unique to the Member in both arriving at the penalty that it did and in not disclosing the Member’s name in this publication.