Member’s name: Ms Xue (Rachel) Yao
Date of Hearing: 5 July 2012
Division: New South Wales
Tribunal: Disciplinary Tribunal
On 5 July 2012 the Disciplinary Tribunal found Ms Xue (Rachel) Yao breached:
- Article 39(a)(ii)G of the Constitution on three occasions in that she "pleaded guilty to, or been found guilty of(with or without conviction), any offence (criminal or otherwise .. J before any Court in any jurisdiction (which, in the case of a finding or conviction has not been overturned on appeal) 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 Local Court of New South Wales on 9 November 2010 of three counts of breaching section 135.1 (7) of the Criminal Code Act (Cth) 1995
- Article 39(a)(ii)F of the Constitution in that she has been "the subject ofan adverse finding that has not been overturned on appeal in relation to the Member's conduct, competence or recognition by any Court, professional body, statutory or other regulatory authority in anyjurisdiction" in respect of a decision of the Migration Agents Registration Authority handed down on 12 July 2011 which barred Ms Yao from being registered as a migration agent for a period of five years.
Whist acting as a Migration Agent, Ms Yao had submitted false documents for 3 clients to advance their visa applications.
At the Disciplinary Tribunal Hearing Ms Yao admitted the breaches although advised that as she had moved address, she had no knowledge of the MARA investigation and the subsequent Hearing.
The Disciplinary Tribunal accepted that Ms Yao may well not have known that the documents submitted to MARA were false.
Penalties and costs
The Disciplinary Tribunal imposed the following sanction and costs:
- forfeiture of Membership for 12 months, and
- Ms Yao pay costs of $578.
The Disciplinary Tribunal also determined that prior to any application for readmission Ms Yao must first complete the Ethics & Governance segment of the CPA Program.