Member’s name: Jyotishma Mala
Date of Hearing: 12 September 2023
Division: New South Wales
Tribunal: One Person Tribunal
On 12 September 2023 the One Person Tribunal found Miss Jyotishma Mala breached the CPA Australia Constitution of:
- 14 May 2019 Article 39(a)(ii)(A), in that she “breached this Constitution (or the constitution of the Company in force immediately before the Amending Date), By-Laws, Code of Professional Conduct or the Applicable Regulations” by breaching By-Law 4.2 of the 29 May 2020 By-Laws in failing to produce for inspection a record of the Continuing Professional Development Activities in a triennium.
- 11 May 2022 Article 36(a), in that she “committed, participated in or been involved with an Adverse Event” as defined in Article 76(c) of the 11 May 2022 Constitution as having “breached this Constitution (or a constitution of the Company in force from time to time before the Amending Date), By-Laws, Code of Professional Conduct or the Applicable Regulations” in that she breached By-Law 5.2(a)(ii) of the 31 March 2023 By-Laws that provides: “(a) as soon as reasonably expedient after the allocation of a Complaint to him or her, the PCO must: (ii) require the Member to provide a satisfactory explanation with respect to the matters referred to in the Complaint. If a Member fails to provide a satisfactory explanation in writing with respect to the matters referred to in the Complaint within 10 Business Days (or such further period as agreed with the PCO) of receipt of a request by the PCO, the GMPC may proceed to make an assessment under By-Law 5.3 on the material before him or her without further communication with the Member and the Member will be in breach of By-Law 5.2(a), which breach must be dealt with concurrently with the Complaint.
Miss Jyotishma Mala did not attend the One Tribunal Hearing and a denial of the complaint was entered on her behalf.
Penalty and Costs:
The Disciplinary Tribunal found the Complaint sustained and imposed the following penalty:
- Forfeiture of Membership.
A condition of readmission to membership is that Miss Mala must provide evidence she has undertaken a minimum of 40 hours of CPD activities in the year immediately preceding the date of her application for readmission.
- A severe reprimand.
- A Fine of $5000.
The Member was ordered to pay a contribution to CPA Australia’s costs of $2922.56.