Member Discipline
Member’s name:
NAME NOT DISCLOSED
Date of Hearing:
13 October 2011
Division:
New South Wales
Tribunal
Disciplinary Tribunal
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On 13 October 2011 the Disciplinary Tribunal found a Member breached:

Article 39(a)(ii)G of the Constitution in that the Member “pleaded guilty to, or been found guilty of any
offence (criminal or otherwise ...) before any Court ... which in the reasonable opinion of the Board is
likely to materially adversely reflect upon or affect the standing or reputation of the Company”, in respect
of being found guilty in the Downing Centre Local Court on 21 May 2010 of one count in breach of
section 61L of the Crimes Act 1900 (NSW), which conviction was upheld on appeal by the District Court
of New South Wales of on 15 December 2010.

Article 39(a)(ii)G of the Constitution referred to above in respect of being found guilty in the Downing
Centre Local Court on 21 May 2010 of one count in breach of section 61 of the Crimes Act, which
conviction was upheld on appeal by the District Court of New South Wales on 15 December 2010.

Article 39(a)(ii)F of the Constitution 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 ...” in relation to being made the
subject of an Apprehended Violence Order (AVO) by the Downing Centre Local Court on 21 May 2010,
which was upheld on appeal by the District Court of New South Wales on 15 December 2010 but
reduced to a period of 6 months.
On appeal the Member was ordered to enter into a good behaviour bond for a period of 12 months commencing
15 December 2010.
At the Disciplinary Tribunal Hearing, the Member admitted the Complaints.
Penalties and Costs
The Disciplinary Tribunal imposed the following penalties and costs:

Suspension of Membership for 12 months effective 13 October 2011.

That within 10 working days of the hearing the Member return all Certificates to CPA Australia.

That the Member pay costs of $664, a failure to pay those costs within 30 days of receipt of invoice to
result in forfeiture of membership pursuant to Article 39(d) of the Constitution.
The Disciplinary Tribunal also ordered that the outcome be published on CPA Australia’s Website, but that the
Member’s name be removed from the Website publication at the expiration of 12 months.
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