Name not disclosed (Victoria)

Member's name: Name not disclosed
Date of Hearing: 25 November 2020
Division: Victoria
Tribunal: Disciplinary Tribunal

On 25 November 2020 the Disciplinary Tribunal found the Member breached:

Complaint 1

Article 39(a)(ii)(C) of the 14 May 2019 Constitution, in that the Member “failed to observe a proper standard of professional care, skill or competence” in failing to provide proper taxation advice to a client, in relation to its goods and services tax (GST) liabilities that resulted in the Australian Taxation Office determining that the client was indebted to the ATO for unpaid GST.

Complaint 2

Article 39(a)(ii)(A) of the Constitution, in that the Member “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 breaching By-Law 5.2(a)(ii) and By-Law 5.2(b)(ii) by not providing a satisfactory response to CPA Australia, within 10 Business Days or at all.

The Member attended the Disciplinary Tribunal Hearing and denied Complaint 1 and admitted Complaint 2 (in part).

Penalty and costs

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

Complaint 1

• admonishment
• successful completion of the Public Practice Management course by 31 December 2021, as approved by the General Manager Professional Conduct.

Complaint 2

• admonishment.

The Member was ordered to pay CPA Australia's costs of $2720.08.