INGENIEUR
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his client . The Act also recognises a wide range of circumstances constituting misconduct , from the more specific situations of the conviction of any offence or non-compliance with the law and specific acts of dishonesty or fraud to more indeterminate acts , such as the failure to discharge one ’ s professional duties with due skill , care and diligence , and , conduct found , in the Board ’ s opinion , to be “ infamous or disgraceful ”.
Notwithstanding the subjectivity of such obligations or circumstances that should be avoided , one may ask : How strictly are the rules under the Act , the Regulations and the Code enforced under the law ? Or rather , how does the Board determine whether a registered person has conducted himself in accordance with the law and what role do the Malaysian courts play ? As with any public body with a disciplinary function , the answer is simply that the Board regulates the professional conduct of engineers whilst the courts regulate the way in which the Board regulates the professional conduct of engineers . In other words , the courts act as the regulator of the regulators .
Complaint
Investigating Committee
Disciplinary Committee
R22A of the Registration of Engineers Regulations 1990 (“ the Regulations ”)
Give notice / seek written explanation
R22B ( 1 )( a )( b ) of the Regulations
Attend to give evidence
R22B ( 1 )( c ) of the Regulations
( a ) Report ( b ) Recommendation ( c ) Draft charge
R22B ( 3 ) of the Regulations
S14 of the Registration of Engineers Act 1967 (“ REA ”) R22C of the Regulations
The Role of the Board : The Disciplinarian
The Board is empowered under Section 4 ( f ) of the Act “ to determine and regulate the conduct and ethics of the engineering profession ”. Under Section 4 ( e ) of the Act , the Board is also “ to hear and determine disputes relating to professional conduct or ethics of registered Persons or to appoint a committee or arbitrator or arbitrators to hear and determine such disputes ”. Subsequently , under Part IIIA of the Act , at Sections 14A to 14C , the Board is to appoint a Disciplinary Committee ( DC ) to “ conduct hearings of any misconduct or complaint against any registered Person referred to it by the Investigating Committee ”. The DC has powers under Section 15 of the Act to cancel or suspend the registration of a registered engineer or practice , to impose a fine , and to issue written warnings , if it finds them guilty of misconduct or falling into one of the circumstances stipulated under Section 15 of the Act that render them unfit to practise .
The Regulations provide for how the Board deals with a complaint from the time it is received
Appeal Board
( 1 ) High Court Judge ( 2 ) Two other persons appointed by Yang di-Pertuan Agong
Send charge R22C ( 1 )( a ) of the Regulations
Attend hearing R22C ( 1 )( b ) of the Regulations
Make orders S15 REA
S19 ( c ) and ( e ) REA
The decisions of the Appeal Board shall be final
S22 ( 5 ) REA
No action or proceeding against the Board or Committee or any person authorised to act for or on behalf of the Board shall be instituted or maintained in any court
S28 REA Diagram 1 – BEM ’ s Disciplinary Process
10 VOL 98 APRIL - JUNE 2024