Member’s name: Name Not Disclosed
Date of Hearing: 22 August 2012
Division: New South Wales
Tribunal: Disciplinary Tribunal
On 22 August 2012 the Disciplinary Tribunal found a Member breached Article 39(a)(ii)E of the Constitution in that on 4 April 2012 the Member was declared bankrupt.
At the Disciplinary Tribunal Hearing the Member admitted the breach.
The Tribunal noted that the Member was currently not employed and was actively seeking work in a competitive industry sector. The Tribunal also noted the bankruptcy of approximately $180,000 was at the lower end, and the Member was making genuine attempts to be released from bankruptcy prior to the 3 year statutory period.
Penalty and Costs
The Disciplinary Tribunal imposed the following sanction and costs:
• suspension of Membership for the period of the bankruptcy
• costs of $581
The Disciplinary Tribunal determined that owing to "exceptional circumstances", the name of the Member not be disclosed however were the Member to be referred to a Disciplinary Tribunal in respect of a further complaint during the period of suspension, then the Member’s name will be published.