Craig West

Member’s name: Mr Craig West
Date of Hearing: 16 March 2017
Division: New South Wales
Tribunal: Disciplinary Tribunal

On 16 March 2017 the Disciplinary Tribunal found Mr Craig West breached Article 39(a)(iii)B of the Constitution, in that he was:

‘Closely Associated with a Practice Entity which has become Insolvent:

A. …

B. at any time during the two years prior to the Practice Entity becoming Insolvent’.

Mr West was the sole director of an accounting practice which he placed into voluntary administration owing in excess of $250,000 to the Australian Taxation Office. The ATO subsequently put the company into liquidation.

Mr West attended the Disciplinary Tribunal Hearing and admitted the Complaint.

Penalty and costs

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

• forfeiture of Membership
• Mr West is not eligible for readmission to Membership for a period of two years from the date of the Hearing
• prior to any application for readmission to Membership, Mr West must pay CPA Australia’s costs of the Hearing of $849.36.

In arriving at the penalty that it did, the Tribunal took into account that in 2008, Mr West had his Membership forfeited arising out of:

• a decision by ASIC in June 2008 banning Mr West from managing corporations for a period of two years. ASIC found Mr West was a director of three accountancy practices which were wound up owing in excess of $3 million, in which creditors received less than 10 cents in the dollar, which included statutory liabilities such as unpaid employee superannuation
• on 30 July 2008, Mr West was found guilty of breaching section 206(1)(a) of the Corporations Act 2001 in that he was found to have managed a corporation in breach of the ASIC Banning Order. Mr West was sentenced to a two year good behaviour bond without conviction.