Terry Woodley

Member’s name: Terry Woodley
Date of Hearing: 10 December 2018
Division: Western Australia
Tribunal: Disciplinary Tribunal

On 10 December 2018 the Disciplinary Tribunal met to hear the matter against Mr Terry Woodley.

The Disciplinary Tribunal found Mr Woodley breached:

1. Article 39(a)(ii)A of the 28 April 2014 Constitution (“the Constitution”) in that he has, ‘breached this Constitution (or the constitution of the Company in force immediately before the Amending Date), By-Laws, Code of Professional Conduct or the Applicable Regulations’ in that he breached By-Law 9.5(b), which provides:
   
   Every Member holding a current Public Practice Certificate must, for so long as the Member holds the Public Practice Certificate:
   (a) ...
   (b) comply with all Quality Review requirements and successfully complete a periodic Quality Review within the Quality Review Prescribed Timeframes,
   
   in failing to successfully complete a Quality Review within the Quality Review Prescribed Timeframes.
   
2. Article 39(a)(ii)A of the Constitution in that he ‘breached this Constitution (or the constitution of the Company in force immediately before the Amending Date), By-Laws, Code of Professional Conduct or the Applicable Regulations’ in that he breached By-Law 5.2(a)(ii), which provides:
   
   (a) As soon as reasonably expedient after allocation of a Complaint to him or her, the PCO must:
   (i) ...
   (ii) ...
   (iii) require the Member to provide a satisfactory explanation with respect to the matters referred to in the Complaint. If 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 having been notified by the PCO of the Complaint by way of letter dated 9 November 2017, he failed to provide a satisfactory explanation with respect to the matters referred to in the Complaint and failed to provide documents in support to the PCO within 10 Business Days by 4 December 2017 or such further extension dates or at all.

Mr Woodley attended the Disciplinary Tribunal Hearing and denied the Complaints.

Penalty and costs

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

• In relation to his Quality Review, forfeiture of Membership and Mr Woodley is not entitled to readmission of Membership until he first:
  • successfully completes a compliant Quality Review as a non-member at his own expense
• In relation to his failure to respond to Professional Conduct:
  • a severe reprimand
  • a fine of $1000.

Mr Woodley was ordered to pay CPA Australia’s costs of AU$657.39 prior to any application for readmission.