Cap. 538 Art. 9Committee of inquiry. Cap. 273.

(1) The Council may set up a committee to inquire into any alleged professional misconduct, gross negligence or incompetence in relation to a counsellor.

(2) For the purposes of this article, the terms "professional misconduct", "gross negligence", or "incompetence", include the following:

(a) the obtaining of a warrant in a deceitful or fraudulent manner, or otherwise purporting to be a counsellor without the required warrant;

(b) the contravention of the Code of Ethics established under this Act;

(c) the failure to observe any regulations regarding professional standards or practice;

(d) the failure to observe any conditions attached to the warrant issued under this Act;

(e) the assumption of a professional competence for which the person is not qualified or otherwise is not authorised to practise in terms of his warrant;

(f) acting in any manner which may be detrimental to the counselling profession; and

(g) giving incorrect information or displaying lack of skill or judgement in the practice of the counselling profession or in the performance of any duties or obligations in the counselling practice.

(3) Any holder of a warrant who is subjected to an inquiry by the Committee shall be given the opportunity to make his defence and bring evidence in his favour, and for this purpose, that holder of a warrant may be represented by an advocate or by any other person of his choice.

(4) On the conclusion of the inquiry, the Committee shall decide whether there are or not sufficient grounds to find the holder of a warrant guilty of professional misconduct, gross negligence or incompetence. In the first case, the Committee shall make a report of its decision and shall commit the holder of the warrant for inquiry by the Council together with its recommendations to impose a penalty, and, in the second case, recommend that no further proceedings should be undertaken.

(5) The penalties mentioned in the foregoing sub-article may include:

(a) the suspension or the revocation of such warrant subject to such conditions as may be recommended;

(b) the suspension or the revocation of the registration in a society of counsellors;

(c) the imposition of conditions that may be attached to a warrant;

(d) reprimand;

(e) the payment to cover the costs of the inquiry;

(f) order the waiver, reduction or refund of any fees charged for services rendered; or

(g) any other penalties that may be prescribed.

(6) Upon the revocation of the warrant, the Council shall strike off the name of the holder of that warrant from the official register of counsellors. The revocation of any warrant shall be published in the Gazette.

(7) For the purposes of this article, the powers vested, or the powers which may be vested, in the members of the Committee shall be those provided under the Inquiries Act and the Council shall conduct the inquiries as provided for in the said Act.