Merry Christmas to Peter Wilson. When it was suggested that Peter Wilson should be independent of the old board so that we can have a fresh start Peter responded with "That's your issue". Summary of the meeting here: viewtopic.php?f=23&t=594
A good summary of where we are up to by Joe Aston of the AFR, linked to from here: viewtopic.php?f=5&p=4137#p4137
If you are new to this website read the story so far: viewtopic.php?t=321#p1793
Check out some of the AFR articles, too many to list and check out some of the ABC reports: http://www.afr.com/business/accounting/ ... 215-h055ej http://www.afr.com/business/accounting/ ... 211-h02x1d http://www.abc.net.au/news/programs/the ... s,/8626662
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Four Special Resolutions to review and sign for AGM

Discussion about the proposed resolutions to be put to the AGM in May 2018
CPAfromNZ
Posts: 3
Joined: Wed May 03, 2017 10:33 pm

Re: Four Special Resolutions to review and sign for AGM

Post by CPAfromNZ » Mon Mar 26, 2018 9:11 am

Does anyone have any advice for those attending the "Member Forums"?

Any recommendations for questions to ask?

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Brett Stevenson
Posts: 445
Joined: Fri Mar 24, 2017 10:43 am

Re: Four Special Resolutions to review and sign for AGM

Post by Brett Stevenson » Mon Mar 26, 2018 10:56 am

Hi CPAfromNZ, I would make two recommendations.
You have to be aware that they will basically go with the Independent Review Panels Report and its recommendations, which is fine insofar as the IRP FR is fine. In other words many of the matters that have been exposed and confirmed are pretty obvious.
You can certainly ask questions on why specific things happened etc but really this is a new board in a pretty defensive mode keen to just move forward and forget the past. They will it was terrible and should not have happened etc etc but we now need to make sure it doesn't happen again etc etc.
1. So my first recommendation would be to just ask on whatever aspect of what has been exposed concerns you the most. But expect a pretty standard answer, even if genuine, as per above.

2. My second recommendation is to ask questions that relate to the failing of the Independent Review Panels work (which primarily centre on the lack of any accountability for what has happened, and that seems to have been a deliberate approach taken because the scope of the Panels work was limited to 'recommendations for improvement') and why the new board is so reluctant (almost dogmatically so) to hold any of the past leadership to account.
I don't know why the new board is so reluctant. It would be very easy for them to have a forensic review (rather than the recent Independent Review which specifically said it was 'non-forensic') at CPA Australia, but they categorically refuse. Why is the critical question. I just think their saying they want to focus on the future is a smokescreen for protecting the past leadership.
The new board has nothing to lose, and it would be a great way to clear the air and show they are genuinely interested in doing the right thing, but for some reason they will not. Do not believe their comments that they spoke with legal people about chasing the termination pay to Alex Malley (which we know is not recoverable because it is the board which approved it) to say it is not recoverable and then extend that to say they cannot take legal action against the board. That is bunkum, and they are showing their unwillingness to hold the past leadership to account.
Why that is the case is the area for questioning.
A good question would be to ask how many of the directors, including those present at your forum spoke out about these matters prior to their being elected to the Board of CPA in October?
When they answer. be specific and ask when and to whom. Because I did not hear peeky boo out of any of them. And some of them were on divisional councils before this, and some, as we know with Peter Wilson, had close professional relationships with Alex Malley. I can hear them say oh yes, I was no happy with the situation etc but be a little more aggressive and skeptical I suggest with their answers.
Be specific I reckon.

I did an analysis of the current board and their connections via Div Councils during the Malley era, so might be worth referring to that to get a clearer picture.

Insofar as special resolutions go, they all have to relate to the constitution, just ask whatever interest you. My four resolutions are lodged and will give you an idea of what I think is important, but other members have lodged other resolutions, so ask them what areas the board are looking at themselves to make changes. They must have some idea by now so press them a bit on that I reckon. Otherwise it will all be left until late April for us to be any the wiser.

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Brett Stevenson
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Re: Four Special Resolutions to review and sign for AGM

Post by Brett Stevenson » Mon Mar 26, 2018 1:17 pm

Actually I think a good question to ask at the Forums, and one I shall be asking at the one I attend will be
Has the new board signed any confidentiality (or whatever term they wish to use to describe them) agreements with past board members or past and current staff to say they will not pursue them through legal action and/or that has approved their decisions such that it would negate any future legal action?
Follow up questions need to follow this depending upon the answer.
If are not prepared to answer the question well, you really need to start with why not, and go deeper depending upon their response?
If no, then why are they so reluctant to seek accountability for past leaders decisions?
If yes, then ask why?
And remind them that they themselves run breach of duties risks in so doing (again depending upon what has been signed).
The boards responsibility is to CPA Australia and the members. It is their job to look after CPA Australia, and if others have failed in that regard then they cannot 'confidentialise away' possible breaches.
The new board could be in danger of breaching their duties if this is the case. But let's wait to see what they say.
This is where Mr Shipton at ASIC needs to be very alert and lets see whether his tough talk is matched with tough action.

You no doubt will think of plenty of other follow up questions but the obvious point that needs to be asked is why is the new board so reluctant to hold accountable those that caused this mess, and some of the messes are pretty obvious 'major wrongs'.
I am just doing a case study on the CPA Advice, and that really cannot be just avoided by saying they will have a closer look later n this year wehn we already have enough information on over constitutional limit/over the top remuneration payments to the leadership at both board and management level to start action now.

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nakedadmin
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Re: Four Special Resolutions to review and sign for AGM

Post by nakedadmin » Mon Mar 26, 2018 2:46 pm

CPAfromNZ wrote:
Mon Mar 26, 2018 9:11 am
Does anyone have any advice for those attending the "Member Forums"?

Any recommendations for questions to ask?
Have a look at this:

http://www.cpagas.org/wp-content/upload ... 180312.pdf

from this page:

http://www.cpagas.org/blog/2018/03/16/2 ... er-wilson/
The Naked Webmaster

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