Peter Ivan Macks

Member’s name: Peter Ivan Macks
Date of Hearing: 24 August 2021
Division: South Australia
Tribunal: Disciplinary Tribunal

On 24 August 2021, the Disciplinary Tribunal found Mr Peter Ivan Macks breached CPA Australia’s 14 May 2019 Constitution (the Constitution):

1. Article 39(a)(ii)(F) in that the Member had “been the subject of an adverse finding that has not been overturned on appeal in relation to the Member’s conduct, competence or recognition by any Court, professional body, statutory or other regulatory authority in any jurisdiction” by virtue of the order of the Supreme Court of South Australia dated 12 February 2021 that removed him from his current appointments as liquidator, suspended his registration as liquidator for three years and restrained him from accepting appointments during those three years.
2. Article 39(a)(ii)(F) in that the Member had “been the subject of an adverse finding that has not been overturned on appeal in relation to the Member’s conduct, competence or recognition by any Court, professional body, statutory or other regulatory authority in any jurisdiction” by virtue of the termination of his membership by Australian Restructuring Insolvency & Turnaround Association (ARITA) on or about 29 March 2021.
3. Article 39(a)(ii)(A) in that the Member had “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(b)(ii) of the 17 October 2014 By-Laws which provide:
   
   “A PCO may at any time request a Complainant or Member to provide further information (either in writing, in person or over the telephone) in respect of the Complaint. Where any such request is made:…
   
   (ii) a Member must provide the requested information within 10 Business Days (or such further period as may be agreed with the PCO), failing which, the Member will be in breach of this By-Law 5.2(b), 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 28 May 2015, he failed to provide further information as requested by the PCO in relation to the determination of ARITA as requested in a By-Law 5 Notice dated 30 March 2021.

Mr Macks attended the Disciplinary Tribunal Hearing, admitted Complaint 1 and denied Complaints 2 and 3.

Penalty and costs:

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

Complaint 1:

• Forfeiture of membership, not eligible for readmission for a period of three years, from the date of the Tribunal’s Determination.
• Prior to any application for re-admission, the Member must successfully complete to the satisfaction of the General Manager Professional Conduct (GMPC) the Ethics and Governance Segment of the CPA Program or its equivalent.
• The GMPC refer the Disciplinary Tribunal’s Determination to Chartered Accountants Australia and New Zealand.

Complaint 2:

• a severe reprimand.

Complaint 3:

• a severe reprimand
• a fine of $2,000.00.

The Member was ordered to pay a contribution to CPA Australia’s costs of $2,735.12.