Code of Professional Conduct – The Tax Institute By-Law 13
13.1 Purpose of the Code of Professional Conduct
a) The Code of Professional Conduct sets out the minimum standards of professional conduct that is required from all Members in their dealings with stakeholders including their clients, government bodies and the Institute. The Code of Professional Conduct sets out the behaviours and expectations that meet the Institute’s core values as set out in clause 13.2 below.
b) A failure to comply with the Code of Professional Conduct or any part thereof constitutes a Disciplinary Event and will be subject to the Complaints procedure contained in By-Law 8.
13.2 Core values
a) Tax professionals play a central role in the administration, operation and stewardship of Australia’s taxation and superannuation legislation. It is imperative that Members’ conduct reflects the importance of this role. For this reason, the Institute requires Members to meet a high standard of professional and ethical responsibility in their conduct as tax professionals.
b) The Code of Professional Conduct reflects the Institute’s values of:
(i) undertaking all professional and personal dealings with integrity and honesty;
(ii) providing services, whether paid and voluntary, with competency and to the highest ethical standards; engaging with stakeholders including the Government, tax administrators, other government bodies, clients and other tax professionals, in a timely and professional manner;
(iii) acting in the best interest of the administration and development of, and compliance with, the taxation and superannuation systems overall;
(iv) promoting diversity and safety in the workplace; and
(v) ensuing that any conduct does not bring the Institute or the tax profession into disrepute.
13.3 Code of Professional Conduct
a) Members must act with integrity and honesty in all of their professional and personal dealings.
b) Members must comply with all Taxation Laws in relation to their personal tax affairs.
c) Members must act lawfully and ethically, including:
(i) accurately accounting for, and handling with due care and diligence, all monies and other property received from, or on behalf of, a client;
(ii) acting in the best interest of the client;
(iii) acting without bias when providing services to clients;
(iv) not exerting actual or perceived undue influence on the client’s decision and decision-making process;
(v) charging fairly for the work undertaken at the request of, or on behalf of, clients;
(vi) identifying and addressing actual, potential or perceived conflicts of interests that may arise in their professional capacity; and
(vii) in the case of use of or other dealings involving confidential information, maintaining confidentiality, unless:
(A) there is a legal obligation to disclose the information;
(B) the client or other stakeholder providing the confidential information provides express consent to disclose the information; or
(C) the disclosure of such information would qualify for protection under the Taxation Laws.
d) Members must provide their services with competency, including:
(i) providing their professional services to their clients with due care, skill and diligence;
(ii) taking reasonable care to ensure that the Taxation Laws are applied correctly to the circumstances in relation to which they are providing advice to a client;
(iii) taking reasonable steps to ascertain their clients’ state of affairs before making statements or undertaking work on behalf of, that client;
(iv) ensuring they advise their clients of their rights and responsibilities under the Taxation Laws;
(v) maintaining their knowledge and skills as required by the Taxation Laws, the Institute’s CPE requirements, and the CPE requirements of any other RTAA of which the Member is a member;
(vi) maintaining adequate professional indemnity insurance as required by the TPB or other relevant regulatory body;
(vii) taking reasonable steps to ensure that client information is stored and transmitted in secure environments, including information that is stored digitally;
(viii) taking reasonable steps to minimise the risks of information or data breaches or losses.
e) Members must ensure they provide and foster a safe working environment for their colleagues, employees and other staff including contractors, and clients, including:
(i) encouraging and promoting diversity in the workplace;
(ii) not undertaking actions, including through omissions, that constitutes unlawful discrimination, sexual or other harassment, bullying, vilification or victimisation; and
(iii) calling out and addressing actions, including omissions, that may constitute unlawful discrimination, sexual or other harassment, bullying, vilification and victimisation.
f) Members must act in the best interests of the taxation and superannuation systems, including:
(i) not knowingly obstructing the proper administration of the Taxation Laws;
(ii) responding to the Institute, the TPB, the ATO, and other government bodies in a reasonable and timely manner, especially if the matter concerns activity that potentially breaches the Code of Professional Conduct; and
(iii) not undertaking actions, including through omission, that may bring the Institute or the tax profession into disrepute.
g) Members must respond to requests for information from the Complaints Officer, the Professional Standards and Disciplinary Committee, a Disciplinary Panel, or Appeals Panel, to the best of their ability within the designated timeframes.
13.4 Inclusion of other requirements
a) The Code of Professional Conduct applies in addition to any requirements, obligations, rights or responsibilities that are set out by the TPB, in the Taxation Laws, or any other professional association of which the Member is also a member.
Complaints
If you would like to lodge a complaint with The Tax Institute, please download and complete the complaints form.
Any complaint against a Member of The Tax Institute will only be considered if it is made in writing and the identity of the complainant and the Member is stated. On receipt of the complaint, you will be contacted and advised of further procedures. You will also be notified on conclusion of the complaint.
Once lodged the completed complaint form may be shown to the Member for their review and to allow the Member to provide any evidence for their rebuttal. The time taken to investigate a complaint will vary from case to case and will depend on multiple factors.
The Institute’s Complaints Officer is responsible for handling Complaints received by the Institute. If a person makes a Complaint against a Member, the Complaints Officer must determine whether there are sufficient grounds to investigate the Complaint.
Complaints must be lodged for the attention of the Complaints Officer in one of the following ways:
a) at the office of The Tax Institute, Level 21, 60 Margaret Street, NSW Sydney 2000
b) by registered mail to The Tax Institute, Level 21, 60 Margaret Street, NSW Sydney 2000
c) by email to The Tax Institute: complaints@taxinstitute.com.au
A Member who is the subject of a Complaint and in respect of whom the Disciplinary Panel has made Findings and/or imposed sanctions may appeal against the Findings and/or the sanctions imposed to the Appeal Panel in accordance with the rights and procedures set out in By-Law 11 of The Tax Institute’s By-Laws.