Finding and Order
The Disciplinary Tribunal finds that Mr Kelan Kelly, a member of the Institute, with an address in Luxembourg did act in breach of:
- the lnstitute's Continuing Professional Development Regulation 6.1 by failing to submit a CPD declaration for 2018;
- the lnstitute's Continuing Professional Development Regulation 5.2 by failing to respond to correspondence from the Quality Assurance Committee; and
- the lnstitute's Disciplinary Bye-Law 7 by failing to co-operate with the lnstitute's disciplinary process.
The Disciplinary Tribunal found the member's actions amount to Poor Professional Conduct.
The Disciplinary Tribunal finds the Formal Allegation proven and makes an Order as to Sanction that the Member be subject to a reprimand, a fine of €850 and cost in the amount of €500.
This order took effect from 23 June 2021.
Background and outline of disciplinary matter
19/10/067 (1)
That the member has:
- Failed to submit his Individual Annual Return (IAR) for 2018 and has therefore failed to submit a Continuing Professional Development (CPD) declaration for that year in breach of CPD Regulations; and
- Failed to co-operate with the QAC in regard to the above.
19/10/067 (2)
That the member failed to respond to correspondence from the Investigator and thereby failed to co-operate with the lnstitute's disciplinary process.
Identification of appropriate orders
Recognising the benefits of resolution through the settlement process, the Disciplinary Tribunal considered the findings and orders made appropriate having regard to the objectives of the Disciplinary Bye-Laws, the applicable guidelines on sanctioning and the particular facts and circumstances of the matter before it.
Reference: Karen Jones, Gibney Communications
Ph: 01 6610 402