Once a written complaint and supporting evidence is received by CPA Australia, the following process takes place:
The complaint is acknowledged in writing
A Professional Conduct Officer (PCO) reviews the written complaint and supporting evidence to determine whether CPA Australia can investigate the matter. Further information may be requested from the complainant. There are two potential courses of action:
if CPA Australia cannot investigate, the complainant will be informed and the matter is closed
if CPA Australia can investigate, a copy of the complaint and supporting evidence is sent to the member for written response
Once the member's response is received it is sent to the complainant with an option to provide a response. Depending on the complainant's response, further clarification may be required from the member.
When the assigned PCO has made a determination on the complaint it is sent to a PCO in another State for an independent review. If both PCOs concur that the complaint is to progress, charges are prepared and it is then referred to a formal hearing before a Disciplinary Committee.
Alternatively, if there is no case to answer, the matter is closed and both the complainant and the member receive written advice of this.
The Disciplinary Committee will meet with the member, who is entitled to representation, legal or otherwise. If the Disciplinary Committee find the member is in breach, a penalty may be imposed against the member. The member may also be required to contribute towards the costs and expenses incurred by CPA Australia during the complaints process. The Disciplinary Committee is comprised of both senior members of CPA Australia and non-members.
The member has a right to appeal against the Disciplinary Committee's finding through the Appeals Committee. If appealing, the member must provide formal notice within 30 days of receiving the Disciplinary Committee's findings.
If the member appeals, the complainant will receive written notification of the Disciplinary Committee's finding and decision following the outcome of the appeal hearing.
If the member does not appeal, the complainant will receive written notification of the Disciplinary Committee's finding and decision after the appeal period has expired.
The findings and decisions of the Disciplinary Committee are published on the CPA Australia website without the complainant's name. Penalties that the Disciplinary Committee can impose include:
forfeiture of membership
suspension of membership for five years or less
a fine
various ways of reprimanding the member, including publishing their name
cancellation or suspension of any certificate, privilege, right or benefit available to the member
recording the offence on the member's file showing that no further penalty was awarded
restricting the member from using the CPA designation and/or ordering them to remove any CPA Australia signage and the designation from their advertising materials and office
reducing the member's status and/or removing any specialist designation
requiring the member to undertake additional hours of professional development
reviewing the member's practice
This page is available online at:
http://www.cpaaustralia.com.au/cps/rde/xchg/cpa/hs.xsl/1041_7920_ENA_HTML.htm
