Chapter 5 - Disciplinary Proceedings Flashcards

1
Q

DISCIPLINARY PROCEEDINGS

Overview

A

1) DB
2) What amounts to misconduct
3) DC Panel
4) Complaints secretariat
5) Procedures in disciplinary proceedings
6) Summary disposal
7) Appointment of DC
8) Consequences of misconduct

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2
Q

DISCIPLINARY PROCEEDINGS

DB

A

1) What - S.93:
- main body involved in disciplinary matter
2) Powers - S.94:
- all A&S and pupils shall be subjected to control of DB.

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3
Q

DISCIPLINARY PROCEEDINGS

Misconduct

A

S.94(3)

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4
Q

DISCIPLINARY PROCEEDINGS

DC panel

A

S.95 & 96:

  • panel has 30 members;
  • 20 appointed by the board more than 10 yrs exp
  • 10 members are lay persons.
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5
Q

DISCIPLINARY PROCEEDINGS

Complaints secretariat

A

S.98

  • responsible for daily administration of complaints against A&S
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6
Q

DISCIPLINARY PROCEEDINGS

Procedures in disciplinary proceedings

A

1) procedures - S.100
2) Effect of restitution or fine order - S.103

  • must be paid within 1 month;
  • in default: suspension from practice.
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7
Q

DISCIPLINARY PROCEEDINGS

summary disposal

A

S.100(4)

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8
Q

DISCIPLINARY PROCEEDINGS

appointment of DC & DC

A

1) Appointment - S.103A
2) Investigation - S.103B
- standard of proof - Au Kong Weng v Bar Committee of Pahang: BRD
3) findings & recommendations - S.103C
4) considerations - S.103D
5) appeal - S.103E

  • 3x rights to appeal, HC up to FC
  • within 1 month.
  • mode: OM + affidavit.
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9
Q

DISCIPLINARY PROCEEDINGS

consequences of misconduct

A

S.94(2):

  • struck-off the Roll;
  • temporary suspension;
  • fine not more RM50k;
  • reprimand.
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