The Disciplinary Scheme sets out the rules and procedures for the handling of complaints and the consideration of Disciplinary Action against Members.
The purpose of this Scheme is to protect the public and public confidence in the profession by establishing a mechanism to maintain and enforce the standards expected of Members. In doing so, this Scheme also aims to protect the reputation of the profession, the Institute and Members.
A Member may be subject to Disciplinary Action under this Scheme if the Member has engaged in Misconduct.
Misconduct is defined as any acts or omissions by a Member that do not meet the standards as reasonably determined and expected by the Institute. The standards and expectations of the Institute are explained within the Institute’s Code of Conduct.
Examples of Misconduct may include (but are not limited to):
- acts or omissions that are contrary to the Institute’s collective values, principles and objectives;
- acts or omissions that have the potential to bring into disrepute or damage the reputation of the profession, the Institute or Members;
- aiding, abetting, counselling, procuring, inducing or attempting to induce another person to engage in Misconduct;
- knowingly being involved in, or a party to, Misconduct engaged in by another person;
- a failure to comply with requirements regarding a Member Disclosure Matter; or
- non-compliance with the Constitution, Code of Conduct, a professional standard, requirements imposed by applicable legislation (including subordinate standards or rules) and any policies, procedures or guidelines of the Institute (as in force from time to time).
A Member may be found to have engaged in Misconduct due to acts or omissions that occur:
- during his or her work as an actuary or in his or her capacity as a Member;
- in other external contexts (such as a Member’s personal life) where those acts or omissions can be considered to reflect or have a potential impact on the profession or the Institute; and
- in any location.
MEMBER DISCLOSURE MATTERS
A Member Disclosure Matter is a matter where a Member:
- is or has been convicted of a criminal offence;
- has been found to have acted fraudulently or dishonestly by any court, tribunal or professional body;
- has been found by any court or tribunal to have engaged in misleading or deceptive conduct;
- has been the subject of an adverse determination by a regulatory body or professional association;
- is, has been or has become bankrupt or insolvent; or
- has breached a determination or failed to comply with any Disciplinary Action imposed by a Tribunal or Appeal Board of the Institute.
Upon applying to be a Member, a prospective Member must inform the Institute in writing of any Member Disclosure Matters.
A Member must disclose any Member Disclosure Matters to the Institute in writing:
- if the event occurs after the commencement of this Scheme, within seven days after the occurrence of the event; or
- if the event occurred before the commencement of this Scheme and has not previously been dealt with by the Institute, within 60 days of the date of commencement.
The fact of a Member Disclosure Matter may be given significant weight and considered persuasive as part of any process implemented in accordance with this Scheme.
Specifically, a Member Disclosure Matter may be considered prima facie evidence of Misconduct.
HOW TO MAKE A COMPLAINT
Any person can make a complaint about a member of the Institute. A new complaint portal will be available shortly. In the meantime, complaints must be in writing and emailed to email@example.com or mailed to:
50 Carrington Street
Sydney NSW 2000