Arthur Chan
Member’s name: Arthur Chan
Date of Hearing: 13 March 2025
Division: New South Wales
Tribunal: One Person
On 13 March 2025, the One Person Tribunal found Mr Arthur Chan breached CPA Australia’s 11 May 2022 Constitution:
- Article 36(a) in that he has “committed, participated in or been involved with an Adverse Event” as defined in Article 76(d)(ii) by having “engaged in conduct, which is derogatory to, or not in the best interest of, the Company or its Members” with respect to his having breached a letter of undertaking dated 30 April 2023 to complete a CPA Australia Best Practice Program Assessment.
- Article 36(a) in that he has “committed, participated in or been involved with an Adverse Event” as defined in Article 76(c) by having “breached this Constitution (or a constitution of the Company in force from time to time before the Amending Date), By-Laws, Code of Professional Conduct or the Applicable Regulations” in that he breached By-Law 5.9(b) of the 1 October 2023 By-Laws by failing to successfully complete a Quality Review within the Quality Review Prescribed Timeframes.
- Article 36(a) in that he has “committed, participated in or been involved with an Adverse Event” as defined in Article 76(c) by having “breached this Constitution (or a constitution of the Company in force from time to time before the Amending Date), By-Laws, Code of Professional Conduct or the Applicable Regulations” by failing to comply with By-Law 5.2(a)(iii) of the 1 January 2024 By-Laws that required a satisfactory explanation in writing with respect to matters concerning his failure to comply with a letter of undertaking.
- Article 36(a) in that he has “committed, participated in or been involved with an Adverse Event” as defined in Article 76(c ) by having “breached this Constitution (or a constitution of the Company in force from time to time before the Amending Date), By-Laws, Code of Professional Conduct or the Applicable Regulations” by failing to comply with By-Law 5.3(b)(ii) of the 1 January 2024 By-Laws that required him to provide further information in respect of the Complaint concerning his failure to complete a CPA Australia Best Practice Program Assessment.
Mr Arthur Chan did not attend the Disciplinary Tribunal hearing; a denial of the complaint was entered on his behalf.
Penalty and Costs:
The Disciplinary Tribunal found the Complaints sustained and imposed the following penalties:
Complaint 1:
- Forfeiture of membership.
Complaint 2:
- Forfeiture of membership.
Complaints 3 and 4:
- A severe reprimand
- A Fine of $1000.
Complaint 4:
- A severe reprimand
- A Fine of $1000.
The One Person Tribunal ordered that Mr Chan is not eligible for readmission until he successfully completes the CPA Australia Public Practice Program and obtains a CPA Australia Public Practice Certificate, if he intends to provide Public Accounting Services.
If Mr Chan obtains a CPA Australia Public Practice Certificate, he is to successfully complete a compliant Practice Review (or its equivalent) in the required time frame, in the second cycle after readmission. Failure to meet this condition, to result in forfeiture of membership.
Mr Chan was ordered to pay CPA Australia’s costs of $11,251.50