Member Conduct & Discipline

Overview of the SMSF Association's Member Conduct & Discipline Standards

The SMSF Association is a self-regulating professional association whose members voluntarily agree to be bound by various professional, technical and ethical standards.

Membership of the SMSF Association requires a professional to conduct himself/herself in a professional, business-like manner at all times. The SMSF Association Code of Professional Conduct and Disciplinary Procedures (‘the Code’) details the expected minimum acceptable professional standards applicable to all SMSF Association members.

The SMSF Association has an obligation to consider complaints against members for misconduct strictly within the terms of its Constitution and the Code. It is important to note that this process is not a legal process, but rather an internal process to determine whether a member has breached any of the major principles contained in the Code and the impact such conduct may have on their continued membership.

Our process deals with complaints relating to professional standards only, not commercial disputes.

The SMSF Association has no legal capacity to make awards for damages or restitution of property. If you are seeking such resolution then you should seek legal advice.

Cases before the courts

Where a matter which is the subject of a formal complaint against a member is also before the courts, the SMSF Association will suspend further consideration of the complaint until the court process is concluded. This is done to ensure our investigation process is not used to influence any legal action nor prejudice the legal process.

The complaint process

If you intend lodging a complaint to the SMSF Association, we recommend you first contact us to determine whether the individual is a member of the SMSF Association.

The SMSF Association will only accept a signed written complaint where the identity of the complainant is provided. We will not accept anonymous complaints. In addition, a complaint will not be accepted and investigated unless all information requested is provided including documentation in support of the complaint.

The complaint process is based on full transparency for both the complainant and the member. This requires that a full copy of the complaint be provided to the member for comment. Any replies from both the member and the complainant are provided to the other party.

The time taken to investigate a complaint will vary depending on a number of factors including response times, complexity of the complaint and whether or not legal or other external action is also taken.

You will be notified in writing of the outcome of your complaint.

Submitting your complaint

Complaints may be made by any person and are to be made by completing the Member Complaint Form below

The PDF can be completed electronically, or printed and filled out by hand before being emailed or mailed to the contact details located on the form. If completing the form electronically, ensure you save the completed form before Adobe Acrobat will permit you to email it to the SMSF Association.

Please forward your completed complaint form and all supporting documentation to:

[email protected]

OR

Complaints Officer
SMSF Association
PO Box 3296
RUNDLE MALL SA 5000.

Privacy statement

The information (as defined by the Privacy Act 1988 (Cth)) you provide to the SMSF Association in relation to your complaint will be used to investigate your complaint and in any SMSF Association disciplinary proceedings.

The SMSF Association may disclose the information in relation to the complaint to:

  • The member who is the subject of the complaint and their representative where applicable
  • The SMSF Association Professional Standards Committee and any SMSF Association staff involved in the disciplinary process
  • Statutory or regulatory bodies as required by law
  • Other professional bodies of which the member may also be a member

Click here for more information on the SMSF Association’s Privacy Policy.

SMSF Association Complaints Register

The following provides statistics of the nature of complaints brought against members of the SMSF Association, and actions taken against those members. The statistics are recorded on the basis of a Membership Year of 1 April to 31 March.

Nature of Complaint

The table below records the nature of complaints brought against members of the SMSF Association. The nature of complaints have been categorised into 6 categories, with the number of complaints recorded in each particular category in the relevant membership years.

Nature of Complaint 2020/2021 2019/2020 2018/2019

Criminal conviction

2

Statutory offence bringing discredit to member, association or profession

1

1

Failure to observe proper standard of professional care, skill and competence

3

Breach of Association Code of Professional Conduct and Disciplinary Procedures

2

6

18

Breach of Association Branding policy

Other Complaints

Action taken by the SMSF Association
Action taken 2020/2021 2019/2020 2018/2019

Cancellation of Membership

1

4

11

Suspension of Specialist designation or Membership for a defined period

1

2

11

Reprimand

Practice review

No action required

1

Other

1
Investigation ongoing
1

Determinations and Sanctions

The SMSF Association Constitution provides for the suspension or cancellation of membership in certain circumstances.

Suspension of Membership

Membership (in all categories) is suspended if the Member:

  • no longer satisfies any one or more of the conditions of membership
  • has supplied false or misleading information in connection with their membership
  • suffers an insolvency event
  • is subject to an investigation by ASIC that may give rise to a ban from providing financial services
  • is charged with an offence involving theft, fraud, deception, forgery, evasion, dishonesty or similar offence
  • experiences suspension or cancellation of membership of a recognised professional or industry body for alleged misconduct
  • in the opinion of the Board, conducts them-self in a manner that might be prejudicial to the interests, objects or reputation of the Association
Cancellation of Membership

Membership (in all categories) is cancelled if the Member:

  • is declared bankrupt
  • is banned by ASIC from providing financial services, managing a corporation or like penalty
  • is convicted of an offence involving theft, fraud, deception, forgery, evasion, dishonesty or similar offence
  • has been suspended and in the opinion of the Board, it is appropriate to cancel their membership
  • has been suspended for a period of twelve (12) months or longer period as the Board may determine

Current Determinations and Sanctions

Member Name Member ID Member Category Effective Date Breach Action/Sanction
Bimaljeet Sekhon
19894
Specialist
02/06/2020
ASIC Banning Order – 20-111MR
Cancellation of membership
Suppressed
21915
Specialist
03/06/2020
Breach of Code – Clause 6.5 Failure to complete QRP
Cancellation of membership
Suppressed
10187
Specialist
07/04/2020
Breach of Constitution – Clause 10.1.1.8
Cancellation of membership
Suppressed
22998
Specialist
03/03/2020
Failed to meet CPD obligations for 3 consecutive years
Cancellation of membership
Suppressed
22627
Associate
03/03/2020
Breach of Code – Clause 6.5 Refused to complete QRP
Cancellation of membership
Neil Evans
21504
Specialist
04/09/2019
ASIC Banning Order 19-165MR
Cancellation of membership
Suppressed
10645
Specialist
06/05/2019
Insolvency event
Suspension of membership
Suppressed
10052
Specialist
19/03/2019

Breach of Code:
• Safeguard the public interest
• Integrity
• Objectivity & independence
• Ethical Behaviour

Cancellation of membership
Suppressed
42974
Associate
19/03/2019
No longer “fit & proper” person
Cancellation of membership
Suppressed
18118
Associate
19/03/2019

Breach of Code:
• Safeguard the public interest
• Integrity
• Competence
• Ethical Behaviour

Cancellation of membership
Suppressed
23048
Associate
19/03/2019

Breach of Code:
• Integrity
• Competence
• Ethical Behaviour

Cancellation of membership
Suppressed
23333
Specialist
17/12/2018
Failed to meet CPD obligations for 3 consecutive years
Cancellation of membership
Suppressed
20345
Specialist
17/12/2018
Failed to meet CPD obligations for 3 consecutive years
Cancellation of membership
Suppressed
15776
Specialist
17/12/2018
Failed to meet CPD obligations for 3 consecutive years
Cancellation of membership
Kelly Howard
41579
Associate
12/09/2018
Criminal conviction for fraud and theft
Cancellation of membership
James Cribb
19736
Specialist
19/07/2018
ASIC Banning Order 18-212MR
Cancellation of membership
Suppressed
41156
Associate
07/05/2018
ASIC Disqualification Order 18-097MR
Cancellation of membership
Suppressed
20751
Specialist
15/01/2018
Failed to meet CPD obligations for 3 consecutive years
Cancellation of membership
James Gibbs
16123
Specialist
01/12/2016
Criminal conviction for theft and dishonesty
Cancellation of membership