IFAC-ACCA Investigation and Discipline Systems workshop

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ACCA
Professional Conduct and Disciplinary
Insights

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▪ Joined in October 2020 as ACCA’s Director, Professional Conduct
▪ Experienced solicitor with a Master of Laws and strong expertise in
corporate compliance, risk management and in managing key
relationships with regulatory and legal stakeholders. Joe joined
ACCA from Pay.UK, the retail payments authority, where she was
General Counsel
▪ Responsible for the delivery of ACCA’s disciplinary processes.
Focused on delivering an efficient and effective service that is fair
and transparent protecting the public interest in a way that is
balanced and proportionate to our members interests
Joe Johnson
Director, Professional Conduct

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Contributing to global standard setting and compliance
• Through our representation on IFAC standard setting boards and
advisory groups and our many global partnerships.
• Supporting our partners to use and implement global guidance and
good practice.

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Examples include:
▪ Externally funded development projects – for example in
Myanmar and Rwanda through the UK DFID funded IFAC
Capacity Building programme.
▪ Sponsoring and supporting partners in their journey to meet
international standards and achieve IFAC membership –
recently Vietnam and UAE.
Practical support to other professional bodies globally
and to support compliance with international standards.

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The UN SDGs
In 2015, the United
Nations launched 17
Sustainable
Development Goals
(SDGs) to end
poverty, fight
inequality and
injustice and tackle
climate change by
2030.
▪

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‘IFAC member bodies shall identify and
undertake actions to have a just and effective
investigative and disciplinary system in place
for their members’
Para 10, Statement of Membership Obligations, Final
Pronouncement November 2012

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Underlying
principles
▪ Public interest
▪ Proportionate
▪ Fair and
transparent
▪ Independence
and impartiality

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Public
interest
▪ Protection of the
public
▪ Maintenance of
public confidence
in the profession
▪ Declaring and
upholding proper
standards of
conduct in the
profession

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Proportionate
▪ Only intervene
when necessary
▪ Outcomes should
be appropriate to
the risk posed
and not unduly
penal
▪ Costs identified
and minimised
▪ Action must be
balanced

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Fair and
transparent
▪ Documented
processes
▪ Principles of
natural justice
▪ Consistent
▪ Accountable
▪ Well respected
and credible

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Independence
and
impartiality
▪ Separation of
decision
making
▪ Conflicts of
interest
▪ Bias and
apparent bias

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“just & effective investigative
& disciplinary service”
Operational and Other Considerations

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Identify and undertake actions
▪ Determine the process
▪ Structure
▪ Documentation
▪ Practical implementation
▪ Resourcing
▪ Regulatory influences

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Documentation
▪ Rules and
regulations
▪ Guidance
▪ Processes and
procedures
▪ Templates
▪ Correspondence
▪ Storage

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Rules and regulations
▪ Framework
▪ Content
▪ Changes
▪ Version control

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Guidance
▪ Should be your friend!
▪ Make your rules and regulations accessible
▪ Provide an understanding of your processes
▪ Be relevant and easily understood
▪ Identify your audience
▪ Use simple and plain language

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Processes and procedures
▪ Work on an end-to-end basis
▪ Identify different tasks and how they inter-link
▪ Be simple, make them easy to follow
▪ Be practical – check that they can be implemented
▪ Ensure colleagues are properly trained
▪ Review them periodically
▪ Update them when lessons are learned

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Templates
▪ Identify documents that you will re-use on a case-by-case basis (eg
file opening/closing)
▪ Consider the format
▪ Decide what information is needed
▪ Think about your audience
▪ Make the template easy to use
▪ Identify any practical considerations (eg links needed for reporting,
technical considerations etc)

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Correspondence
▪ Identify correspondence that you will use for each case (eg file
opening letter)
▪ How will it be sent?
▪ What does it need to include?
▪ Is it easily understood?
▪ Think about tone of voice

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Storage
▪ Consistency – use storage protocols
▪ Access considerations
▪ Confidentiality and security
▪ Retention
▪ Case management systems – do they help?
▪ Regulatory
▪ Data protection and privacy
▪ Local laws

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Investigative & Disciplinary Process
Independent
Assessment
Case
progression
Hearing
Complaint
Information
Assessment Investigation

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Assessment
▪ Origin and identification of complaints
▪ What complaints to investigate
▪ Overview of investigations and disciplinary framework
▪ Other considerations
▪ Challenges that might come up during an investigation

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Investigations
▪ Identification of all potentially relevant issues
▪ Obtain and preserve all relevant evidence/documentation as far as
possible
▪ Due process and disclosure
▪ Objective analysis of all material gathered
▪ Decision as to next steps (including outcomes if appropriate)
▪ Clear well-reasoned decision
▪ Independent check point

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Hearings
▪ Fair and public
▪ Held within a reasonable time
▪ Conflicts and bias
▪ Venue – remote or in person?
▪ Independence of decision making
▪ Sanctions
▪ Public decision and reasons

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Member’s rights
▪ Understand the case against them
▪ Be present
▪ Be represented (but not to be provided with representation)
▪ Provided with interpreter
▪ To cross examine
▪ Call witnesses
▪ Be given an explanation of how the decision was reached
▪ Appeal

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Other considerations
▪ Interim orders
▪ Parallel proceedings
▪ Health concerns
▪ Notifications – internal and external
▪ Management oversight
▪ Complaints about your handling of a complaint or investigation
▪ High profile, reputational and other risks

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Measuring performance
▪ Accountability
▪ Regulatory influences
▪ Protection of the public interest
▪ Complainant satisfaction
▪ Fairness to all members
▪ Capacity requirements
▪ KPIs

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And finally…
▪ Underlying principles are key
▪ Embed them in your structure and all that you do
▪ Fair and effective systems take many forms
▪ Be practical
▪ Resource should be focused on highest risk cases
▪ ACCA is here to help!

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Thank You