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bruneilawsby aturio
In force2023 Revised Edition
Contents

Part · Disciplinary Proceedings

37. Review of complaints

(1)

Subject to subsection (3), the Board shall, upon receiving any complaint under section 36, refer the complaint to the Registrar for review.

(2)

The Board may also, on its own motion, refer any information concerning any improper or dishonourable act or conduct of a registered architect, a registered professional engineer or a registered quantity surveyor to the Registrar for review.

(3)

The Board need not refer any complaint or information to the

Registrar for review where the complaint or information relates to any of the matters set out in section 22(2) and, in such a case, the Board may take such action as it thinks fit under that section.

(4)

The Registrar —

(a)

shall review the complaint or information referred to him for the purpose of determining if there are sufficient merits to warrant the institution of disciplinary proceedings under this Part against the registered architect, the registered professional engineer or the registered quantity surveyor concerned; and

(b)

may, for the purpose of conducting such review, enlist the assistance of any registered architect, registered professional engineer or registered quantity surveyor or layman on the

Investigation Panel.

(5)

In conducting a review under this section, the Registrar may require the complainant (if any) or the registered architect, the registered professional engineer or the registered quantity surveyor concerned to answer any question or to furnish any document or information that he considers relevant for the purpose of the review.

(6)

On the completion of a review under this section, the Registrar shall —

(a)

recommend to the Board that the complaint or information be dismissed, if he finds that the complaint is frivolous, vexatious,

Architects, Professional Engineers and Quantity Surveyors misconceived or without merits, or that the information is unsubstantiated;

(b)

in a case where the complaint or information relates to the conviction (whether in Brunei Darussalam or elsewhere) of the registered architect, the registered professional engineer or the registered quantity surveyor of an offence that —

(i)

involves fraud or dishonesty; or

(ii)

implies a defect in character which makes the registered architect, the registered professional engineer or the registered quantity surveyor unfit for his profession, recommend to the Board to refer the matter to a Disciplinary Committee for a formal inquiry; and

(c)

in any other case, recommend to the Board that the matter be referred to an Investigation Committee for an inquiry.

(7)

The Board may, upon accepting the recommendation of the

Registrar under subsection (6), appoint an Investigation Committee or a

Disciplinary Committee, as appropriate, and refer the matter thereto for an inquiry or a formal inquiry.

Report

Read on from s 38

Part

General

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