BANKRUPTCY

Applicants for Student registration

In relation to an application for Student registration, the guidleine starting point is:

Not to admit him if he is the subject of an undischarged or discharged bankruptcy order, but to admit him if the Association considers there to be mitigating circumstances.

When considering the implications of bankruptcy on potential or continued Membership or Student registration, the AAT should consider:

a) The reasons for the indebtedness, the circumstances of the bankruptcy or arrangment and the extent to which the Member, Applicant, Student or Affiliate was personally at fault.

(i) The more the Member, Applicant, Student or Affiliate was personally at fault, the more appropriate to tend towards severity in the sanction, particularly if he had been reckless or dishonest.

(ii) On the other hand, if there were factors beyond the control of the Member, Applicant, Student or Affiliate, this may be considered a mitigating factor.

It will be for the Applicant to satisfy the Association of suitability for Membership.

Affiliates and Students

Where an Affiliate or Student becomes bankrupt or has made any composition or entered into any formal arrangement with his creditors, he will be subject to a disciplinary investigation (in accordance with the AAT's Disciplinary Regulations).

He should be advised that if he subsequently applies for Membership, his case will be considered on an individual basis in accordance with the Association's policy on applicants for Membership.

Duty to inform the Association

The Disciplinary Regulations impose a duty on the membership to inform the Association if he is made bankrupt, or has made any composition or entered into any formal arrangement with his creditors. If he fails to do so, he will be subject to a disciplinary investigation (in accordance with the AAT's Disciplinary Regulations).

CRIMINAL CONVICTIONS

Applicants for Student registration

Financial Indictable Offences

An applicant for student registration who has an unspent criminal conviction for an indictable offence involving dishonesty, theft, fraud or any other financial impropriety will only be permitted to register where, in the opinion of the Chairman of the Regulation and Compliance Board/Director of Education and Training:

(i) there are exceptional mitigating circumstances; and
(ii) subject to providing an additional satisfactory character reference.

Non-Financial Indictable Offences

An applicant who has an unspent criminal conviction for an indictable offence of a non-financial nature will usually be permitted to register as a student unless there is, in the opinion of the Chairman of the Regulation and Compliance Board/Director of Education and Training good reason not to permit his registration.

Summary Offences

A student will be entitled to register as a student if the unspent criminal conviction is of a non- indictable nature.

In all of the above cases, the student should be advised that if he subsequently applies for full membership (while his conviction remains unspent), his case will be considered on an individual basis in accordance with the Association's policy on Applicants for Membership.

Affiliates or Students

Any student or affiliate who is convicted of a criminal offence whilst a member of the AAT, will be subject to a disciplinary investigation (in accordance with the Disciplinary Regulations).

Duty to inform the Association

The Disciplinary Regulations also imposes a duty on every full, fellow, student and affiliate member to inform the Association if he has pleaded guilty to or been found guilty of an indictable offence. If he fails to do so, he will be subject to a disciplinary investigation (in accordance with the AAT's Disciplinary Regulations).