The latest reports from CPA Australia's professional conduct cases.
New South Wales
On 23 April 2008 the Disciplinary Committee found the member had breached Clause 27(1)(g) of the Constitution, in that he had been the subject of an adverse finding that is final in relation to his conduct, competence or recognition by any court, professional body, statutory or other regulatory authority in any jurisdiction, following an adverse finding against the member by the Institute of Chartered Accountants in Australia.
The committee imposed the penalty of admonishment. The member was ordered to pay costs of $521.
In addition, the Disciplinary Committee ordered publication of details of the Determination including the charge and any penalty or costs imposed, but that the member's name not be disclosed.
On 19 May 2008 the Disciplinary Committee found Denise Modini guilty of a breach of Clause 27(1)(g) of the Constitution in that she had been the subject of an adverse finding in that, in March 2007 the Tax Agents Board found Modini 'not a fit and proper person to prepare income tax returns'; a breach of By-Law 9.5(c) in failing to advise CPA Australia with details of her professional indemnity insurance; and a breach of By-Laws 706.2 and 9.4(b) in failing to undertake a Quality Assurance Review despite being selected in 2003.
The Disciplinary Committee imposed the penalty of forfeiture of membership for a period of three years, should Modini seek readmission to membership, that six months prior to any application for readmission, she undertake and successfully complete a Quality Assurance Review, and pay costs of $2491. The Disciplinary Committee ordered publication of the outcome of the Hearing, including the Determination, the nature of the charges sustained and any penalty or costs imposed.
Victoria
On 30 April 2008 the Disciplinary Committee found a member had breached Clause 27(1)(a) of the Constitution in that he was guilty of a breach of Section 150.1 of the Code of Ethics for Professional Accountants, and Clause 27(1)(b)(ii) of the Constitution in that he was guilty of conduct derogatory to, or which is not in the best interests of, CPA Australia or its members.
The committee imposed the penalty of a censure, a fine of $1000, costs of $979, and that by 31 December 2008, the member successfully complete a Quality Assurance Review. The committee ordered publication of details of the Determination and any penalty or costs imposed, but that the member's name not be disclosed.
On 30 April 2008 the Disciplinary Committee found Peter Cook guilty of a breach of Clause 27(1)(f) of the Constitution in that he became insolvent, a breach of Clause 27(1)(a) of the Constitution in that he breached By-Law 9.5(c) in failing to hold professional indemnity insurance, and a breach of Clause 27(1)(j) of the Constitution in that he failed to respond to correspondence from CPA Australia.
The Disciplinary Committee imposed the penalty of forfeiture of membership for two years or until the expiration of his bankruptcy, whichever was the greater, costs of $771 and a fine of $3000.
Should Cook seek readmission to membership, as a principal in public practice or as a director of a company in public practice, that he, or the practice, successfully complete a Quality Assurance Review within three months before readmission; or if Cook is not a principal in public practice, or otherwise a director of a company in public practice, should he become one, he must successfully complete a Quality Assurance Review within three months of becoming a principal in public practice or a director of a public practice company, failing which his membership be forfeited until that criteria is met.
In addition, the committee ordered publication of Cook's name, details of the Determination including the Charges sustained and any penalty or costs imposed.
On 30 April 2008 the Disciplinary Committee found Frank Boday guilty of a breach of Clause 27(1)(a) of the Constitution in failing to comply with the By-Laws relating to Quality Assurance Reviews and Professional Indemnity Insurance, as well as a breach of Clause 27(1)(j) of the Constitution in that he failed to respond to correspondence from CPA Australia.
The Disciplinary Committee imposed the penalty of forfeiture of membership for 12 months, a fine of $3000, costs of $701, and should Boday seek readmission, if he is in public practice, that within three months of admission, he successfully complete a Quality Assurance Review, a failure to do so to result in forfeiture of membership.
In addition, the committee ordered publication of Boday's name, details of the Determination including the charges sustained and any penalty or costs imposed.
On 9 July 2008 a Disciplinary Committee of CPA Australia found Vincenzo Giaquinta guilty of a breach of Clause 27(1)(a) of the Constitution in that he breached APS 10 in failing to have his trust account audited for six consecutive years, and failed to maintain records sufficient to establish clearly the true position of a client's trust funds, and failed to hold professional indemnity insurance for approximately two years.
The Disciplinary Committee took into account extraordinary personal circumstances in imposing the penalty of a severe reprimand; that Giaquinta provide to CPA Australia audits of his trust account within 90 days of 31 March 2009, 2010 and 2011, or within 90 days of the closure of his trust account, if earlier; that Giaquinta maintain professional indemnity insurance and provide CPA Australia with proof of renewal within 30 days of renewal; that Giaquinta undertake 20 hours of continuing professional development before 12 August 2008 and provide CPA Australia with proof of same; and that Giaquinta undertake 40 hours of continuing professional development for each of the years ended 30 December 2009, 2010 and 2011 and provide CPA Australia with proof of same by 31 January of the following years respectively; and pay costs of $1173 in monthly instalments of $100 commencing 30 days from receipt of an invoice from CPA Australia.
A failure by Giaquinta to comply with any of the above requirements is to result in automatic forfeiture of membership for a period of three years.
In addition, the Disciplinary Committee ordered publication of Giaquinta's name, details of the Determination including the charges sustained and any penalty or costs imposed.
