After filing a complaint: Public accountants & accounting entities

Who reviews your complaint

Three PAs and one layperson from the Complaints and Disciplinary Panel who:

• Review the documents and evidence

• May seek clarification from the PA or PAE

Powers of the CC

The CC may call upon or appoint any person to help with the inquiry.

They can also require anyone to:

• Produce documents, books, or records for inspection

• Give information about any documents or records

• Attend and give evidence

Note: A person who does not comply with the CC may be fined up to $5,000 or face imprisonment for up to 12 months (or both).

Additional investigation

If the CC receives information that may lead to further proceedings, it may:

• Give notice to the PA or PAE concerned

• Decide on its own motion to look into the matter

• Report its findings to the PAOC

If the CC receives information that shows evidence of an offence under any written law, it must record this in its report to the PAOC.

Possible outcomes

The CC may dismiss your complaint.

It may also recommend the PAOC to:

• Issue a warning

• Order a letter of advice

• Make other orders (for example, ordering a PA to have another PA review their engagements and confirm compliance with certain areas of the Code of Professional Conduct and Ethics)

• Refer the complaint to the DC for a formal inquiry

How long it takes

Three months (may be extended with PAOC's approval)

Who handles your case

Four PAs and one layperson from the Complaints and Disciplinary Panel

Pre-hearing Conference

Before the hearing, the DC will hold this conference to:

• Resolve administrative matters

• Manage the case better

Who needs to attend:

• PA or PAE

• ACRA's legal counsel

• PA or PAE's legal counsel (if represented)

What happens:

• Administrative matters are discussed and resolved.

• Affidavits of evidence-in-chief are exchanged (if applicable).

• A date is fixed for the formal hearing.

Formal hearing process

During the hearing:

• ACRA will present evidence to support the charges.

• The PA or PAE (or its legal counsel) will respond to defend against charges.

• Both sides may call and examine witnesses.

• If the DC finds the charges proven, it can recommend various sanctions.

Possible sanctions if charges are proven

The PAOC will consider the DC's recommendations and decide on the appropriate sanction.

Sanctions for PAs

The PAOC may:

• Cancel the PA's registration permanently

• Suspend the PA from practice for up to two years

• Restrict the PA's practice for up to two years by imposing conditions

• Fine the PA up to $10,000

• Issue a formal censure

• Require the PA to complete undertakings (such as attending refresher courses on auditing standards)

Sanctions for PAEs:

• Revoke the PAE's approval to operate

• Suspend the PAE from providing public accountancy services for up to two years

• Restrict the PAE's public accountancy services for up to two years by imposing conditions

• Fine the PAE up to $100,000

• Issue a formal censure

• Require the PAE to complete undertakings (such as appointing a reviewing partner in addition to a signing partner for all charity audits)