Frequently Asked Questions
FAQs - Fees and Other Matters
If your complaint involves fees charged and / or a fee dispute with a member, the Institute does not investigate these types of matters. (Please refer to 'Complaints Relating to Fees and /or Fee Disputes' for further information).
Some matters, whilst involving a member of the Institute, may in the first instance fall within the jurisdiction of another entity, statutory or regulatory body or the court, with the legislative and statutory powers to investigate. You should consider if this is the case and if so, refer your complaint to that organisation in the first instance. An adverse finding made against our member, by the relevant organisation or the court, should then be forwarded to the Institute for investigation. One of our By-laws provides that a member shall be liable for disciplinary action if they have been the subject of an adverse finding in relation to their conduct by a court, statutory or other regulatory body or tribunal.
Please read the following information before forwarding your complaint. The questions below will help you decide to whom direct to your complaint in the first instance.
If your complaint involves any of the above, the matter should be referred to the Institute's Professional Conduct Section. Please now proceed to the section on 'How to make a Complaint'.
Is your complaint, question or concern involving the activity of an auditor, liquidator or financial advisor?
Is your complaint, question or concern involving a licensed financial services business?
If so, you should in the first instance, contact the Australian Securities and Investments Commission (ASIC): ASIC maintains a public register of all businesses licensed to conduct financial services in Australia including banks, credit unions, insurance companies, stockbrokers and financial planners. Information on the register includes details of the external dispute resolution (EDR) scheme(s) each licensee belongs to. ASIC advises, 'Consumers and investors are urged to always check the ASIC register and make sure anyone they are planning to do business with is appropriately licensed before they proceed'.
Is your complaint, question or concern involving the activity of a Trustee in Bankruptcy and /or Part X arrangement under the Bankruptcy Act 1966?
Is your complaint, question or concern relating to the activity of an auditor / trustee of a superannuation fund?
If so, you should in the first instance, contact the Australian Prudential Regulation Authority (APRA) if the fund is an APRA regulated fund, or the Austalian Securities and Investments Commsion if it is a self-managed superannuation fund.
Is your complaint, question or concern about a legal matter? (For example matters relating to negligence, misrepresentation, compensation etc.)
If so, you should in the first instance seek legal remedies and if appropriate, have the matter referred to a court or appropriate tribunal.
Is your complaint about a criminal matter? (For example matters of fraud, misappropriation of money and/or other criminal matters).
If so, you should in the first instance, contact the Police in your State or Territory and if appropriate, have the matter referred to a court.
Is your complaint, question or concern about a member who is a registered tax agent?
Is your complaint, question or concern about your employer, your wages or conditions of employment?
If so, visit the Commonwealth Government site Fair Work Ombudsman for more information.
The types of issues the Institute can investigate are those relating to the professional and ethical conduct of our members as regulated by the By-laws, Code of Ethics and other standards, concerning:
- Professional competence, skill or due care
- Breach of standards of practice, professional conduct including technical standards
- Conflicts of interest and objectivity
- Professional behaviour and integrity
- Other matters involving members as follows:
- Adverse finding made by a court, other professional body, statutory or regulatory authority
- A member entering into bankruptcy or a part X arrangement with creditors under the Bankruptcy Act 1966
- A conviction or guilty plea in criminal or statutory offences
- Finding of dishonesty in civil court cases.