Singapore legislation

Section 32

of Accountants Act

Section 32

Complaints against members

(1)

Any person who seeks to make a formal complaint that any member of the Society has done anything which renders the exercise of the powers of the Disciplinary Committee expedient in the interests of the public or of the Society shall make the complaint in the first instance to the Registrar of the Society.

(2)

Every such complaint (other than a complaint made by a court) shall be in writing and shall be supported by such statutory declarations as the Registrar may require.

(3)

Where the Registrar has received any complaint as aforesaid or where facts are brought to his knowledge which satisfy him that there may be grounds for such a complaint it shall be the duty of the Registrar to lay the complaint or facts, as the case may be, before the Investigation Committee which shall investigate the matter and determine whether or not it is to be referred to the Disciplinary Committee.

(4)

For the purposes of any such investigation the Investigation Committee may —

(a)

call upon or employ any person to make whatever preliminary inquiries it considers necessary;

(b)

require the production for inspection by the Investigation Committee or any person so employed of any books, documents or papers which may relate to or be connected with the subject-matter of the investigation; and

(c)

require the member concerned to give all information in relation to any such books, documents or papers which may be reasonably required by the Investigation Committee or by the person so employed.

(5)

Any member of the Society who without lawful excuse refuses or fails to produce to the Investigation Committee or to any person whom the Committee may employ for the purpose of investigation any books, documents or papers required of him as aforesaid or fails to give any such information relating thereto shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500.

(6)

Before any investigation begins in respect of any matter —

(a)

the Registrar shall post or deliver to the member concerned —

(i)

copies of the written complaint (if any) and of all statutory declarations that have been made in support of the complaint; and

(ii)

a notice setting out any further particulars that may be necessary to disclose the reason for the investigation and inviting the member concerned, within such period (not being less than 14 days) as may be specified in the notice, to give to the Registrar any written explanation he may wish to offer and to advise the Registrar if he wishes to be heard by the Investigation Committee; and

(b)

the Investigation Committee shall allow the time specified in the notice to elapse and shall give the member concerned reasonable opportunity to be heard if he so desires and shall give due consideration to any explanation he may make.

(7)

When the Investigation Committee determines that any matter investigated by it under this section should be referred to the Disciplinary Committee it shall be the duty of the Chairman of the Investigation Committee to refer the matter to the Disciplinary Committee.

(8)

Subject to the provisions of this Act and to the rules of the Society, the Investigation Committee may regulate its own procedure as it considers fit. [33