Jack Ly

Member’s name: Jack Ly
Date of Hearing: 18 December 2018
Division: New South Wales
Tribunal: Disciplinary Tribunal

On 18 December 2018 the Disciplinary Tribunal met to hear the matter against Mr Jack Ly.

The Disciplinary Tribunal found Mr Jack Ly breached:

1. Article 39(a)(ii)A in that he breached By-Law 9.5(b) of the 1 January 2018 By-Laws, which provides:
   
   Every Member holding a current Public Practice Certificate must, for so long as the Member holds the Public Practice Certificate:
   (b) comply with all Quality Review requirements and successfully complete a periodic Quality Review within the Quality Review Prescribed Timeframe.
   
   in failing to comply with all Quality Review requirements and successfully complete a periodic Quality Review within the Quality Review Prescribed Timeframes or at all.
2. Article 39(a)(ii) A in that he breached By-Law 5.2(a)(ii) of the 6 April 2018 By-Laws, which provides: (a) As soon as reasonably expedient after allocation of a Complaint to him or her, the PCO must:
   (i) Notify the Member concerned of the Complaint ...
   (ii) request the Member to provide a satisfactory explanation with respect to the matters referred to in the Complaint. If a Member fails to provide a satisfactory explanation in writing with respect to the matters referred to in the Complaint within 10 Business Days (or such further period as agreed with the PCO) of receipt of a request by the PCO, the GMPC may proceed to make an assessment under By-Law 5.3 on the material before him or her without further communication with the Member and the Member will be in breach of By-Law 5.2(a), which breach must be dealt with concurrently with the Complaint.
   
   in failing to provide a satisfactory explanation in writing with respect to the matters referred to in the Complaint by 2 July 2018, or at all.

Mr Ly did not attend the Disciplinary Tribunal Hearing.

Penalty and costs

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

• Complaint 1 – forfeiture of Membership
• Complaint 2 – a severe reprimand and a fine of $1000.

Prior to any application for readmission to Membership, Mr Ly must successfully complete a compliant Quality Review at his own cost.

Mr Ly was ordered to pay a contribution to CPA Australia’s costs in the amount of $503.49.