Name not disclosed

Member’s name: Name not disclosed
Date of Hearing: 5 September 2017
Division: Victoria
Tribunal: Disciplinary Tribunal

On 5 September 2017, the Disciplinary Tribunal found a Member breached:

• Article 39(a)(ii)F of the Constitution in that they were the subject of an adverse finding in respect of a Decision by the Tax Practitioners Board (TPB) dated 13 April 2017 in which the TPB: 
  
  • gave them a written caution
  • ordered that they complete their Annual Declaration within three weeks from the date of that order 
• Article 39(a)(ii)A of the Constitution in that the Member breached By-Law 5.2 in failing to provide a sufficient and satisfactory explanation in writing to Professional Conduct in response to two Complaints.

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: 

• a severe reprimand in respect of each Complaint sustained 
• that by 30 September 2017 the Member must:
  • return their Public Practice Certificate and licence
  • provide evidence that all remaining clients have been removed from the tax agent's listing
  • provide a letter of resignation as a public practitioner to CPA Australia.

The Disciplinary Tribunal took into account exceptional circumstances and ordered that the Members name be withheld from publication.

The Member was ordered to pay costs of $698.64.