Member’s name: Mr (Orest) Peter Sywak
Date of Hearing: 23 March 2012
Division: New South Wales
Tribunal: Disciplinary Tribunal
On 23 March 2012 the Disciplinary Tribunal found Mr Orest Peter Sywak breached Article 39(a)(ii)l of the Constitution in that he "failed to comply with any reasonable and lawful direction of the Board or its delegate which relates to a matter concerning the good order and administration” of CPA Australia in failing to provide a sufficient and satisfactory written explanation to Professional Conduct in response to a complaint made about him.
Mr Sywak did not attend the Hearing.
The Disciplinary Tribunal took into account a previous determination of a Disciplinary Tribunal concerning Mr Sywak for a similar breach in 2010.
Penalties and costs
The Disciplinary Tribunal imposed the following sanction and costs.
- a severe reprimand,
- forfeiture of membership with that forfeiture to be stayed permanently if the following two conditions are satisfied:
- that on or before 30 April 2012 (or such further period as approved by CPA Australia), Mr Sywak provides a written response to the issues raised in the complaint with such response to include any and all documentation or evidence corroborating that response
- that Mr Sywak pay his outstanding fees for 2012 by 31 March 2012.
- Mr Sywak did not comply with the above conditions and his membership was forfeited.
The Tribunal further determined that if Mr Sywak's membership was forfeited for the above reasons, should he make application for readmission, it is a condition of readmission that:
- Mr Sywak must provide such material before the Readmissions Committee by way of response to the complaint together with any and all documentation or evidence corroborating that response that will allow the Readmissions Committee to obtain an opinion from the Chief Executive Officer or the Manager Professional Conduct that the matters raised in the complaint should not be referred to a Disciplinary Tribunal.
- if at the time of application for readmission Mr Sywak is carrying on business as a principal or as a director of a principal offering public accounting services, he must have satisfactorily undertaken a Quality Assurance Review within six months prior to any application for readmission, with no need for a Follow Up Review.
- Mr Sywak has paid CPA Australia’s costs of the Tribunal Hearing of $671, and all outstanding membership subscriptions and fees have been paid.