By-Law 3.16 requires that an applicant who applies for admission to membership, readmission or reinstatement to active membership, must, in addition to the specific requirements set out in the relevant By-Law, establish that they are a fit and proper person.

The "fit and proper" requirement is an ongoing requirement for membership.  Where members hold statutory registrations such as, without limitation, auditor, company liquidator, tax or business activity statement agent, then the member must meet any fit and proper requirements as set out in the applicable laws or regulatory standards.

The determination as to whether a person is fit and proper will include (without limitation) the following:

  1. Have you ever been convicted in the past of a criminal offence or are there any charges pending against you? Note: There is no requirement to reveal a spent conviction. A conviction is a "spent" conviction if it is 10 years or more since the date of the conviction, and the sentence imposed was a fine, bond, community service order or imprisonment for a period of less than 30 months and there have not been any further offences in the last 10 years.

  2. Are you currently, or have you ever been, bankrupt or made the subject of an official assignment for the benefit of creditors?

  3. Are you currently, or have you ever been, a director of a company to which a receiver, receiver manager an enforcer of a security interest, provisional liquidator or liquidator has been appointed while you were a director or within six months after you ceased to be a director?

  4. Are you currently, or have you been, disqualified from managing a corporation or banned from being a director of a corporation?

  5. Have you ever been refused membership to a professional ,regulatory or statutory body for which you have the appropriate academic qualifications?

  6. Have you ever had your membership of a  professional, regulatory or statutory body forfeited, suspended or been excluded from such a body?

  7. Are you currently, or have you ever been, the subject of disciplinary proceedings by a professional, regulatory, statutory or other body?

If a member or an applicant for membership answers "yes" to any of these questions they will be required to provide more information about the nature of their individual situation.

The requirements do not diminish in any way the applicant’s obligation to disclose any matter that may bear upon their fitness for admission or continuing membership.

For further information contact your nearest office or the General Manager Professional Conduct at conduct@cpaaustralia.com.au