COUNSELLORS ACT 1998

Counsellors LAWS OF MALAYSIA REPRINT Act 580 COUNSELLORS ACT 1998 Incorporating all amendments up to 1 January 2006 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH PERCETAKAN NASIONAL MALAYSIA BHD 2006 1 2 COUNSELLORS ACT 1998 Date of Royal Assent ... ... ... … … 4 March 1998 Date of publication in the Gazette … … 19 March 1998 PREVIOUS REPRINT First Reprint ... ... ... ... 2002 3 LAWS OF MALAYSIA Act 580 COUNSELLORS ACT 1998 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title and application 2. Interpretation PART II THE MALAYSIAN COUNSELLORS ADVISORY COUNCIL 3. Establishment of Council 4. Functions of Council 5. Membership of Council 6. Tenure of office 7. Revocation of appointment 8. Cessation of membership 9. Resignation 10. Meetings of Council PART III THE BOARD OF COUNSELLORS 11. Establishment of Board 12. Functions of Board 13. Membership of Board 14. Public Authorities Protection Act 1948 4 Laws of Malaysia ACT 580 Section 15. Public servant 16. Returns, reports, accounts and information 17. Conduct of civil proceedings PART IV REGISTRATION OF COUNSELLORS AND PRACTISING CERTIFICATES 18. Appointment and duties of Registrar 19. Register of Counsellors 20. Removal from Register due to death, etc. 21. Reinstatement 22. Counsellors must be registered 23. Practising certificate required 24. Qualification for registration 25. Application for registration 26. Registration 27. Temporary registration 28. Biennial practising certificate 29. Certificates to be exhibited 30. Change of, or additional, place of practice 31. Notification of change of address 32. Duplicate certificate PART V BODIES CORPORATE PRACTISING AS COUNSELLORS 33. Composition of body corporate which may practise as counsellor 34. Body corporate practising as counsellor 35. Notification of change in composition and address PART VI DISCIPLINARY PROCEEDINGS 36. Investigation and Disciplinary Committees Counsellors Section 37. Duty of Investigation Committee 38. Inquiry by Disciplinary Committee 39. Suspension of practice pending investigation 40. Disciplinary punishments 41. Surrender of certificate on removal from Register 42. Appeal against decision of Disciplinary Committee 43. Publication of names of persons removed from Register PART VII OFFENCES AND PENALTIES 44. Offences 45. General penalty 46. Offence by body corporate 47. Institution and conduct of prosecution PART VIII MISCELLANEOUS 48. Power of entry, inspection, examination, seizure, etc. 49. Regulations SCHEDULES 5 6 Laws of Malaysia ACT 580 Counsellors 7 LAWS OF MALAYSIA Act 580 COUNSELLORS ACT 1998 An Act to provide for the registration and practice of counsellors and for matters connected therewith. [1 December 1998, P.U. (B) 490/1998] BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: PART I PRELIMINARY Short title and application 1. (1) This Act may be cited as the Counsellors Act 1998. (2) This Act shall not apply to— (a) any health professional; or (b) any company, society or local authority providing healthcare services such as hospital, nursing home, hospice, blood bank, psychiatric hospital, ambulatory care centre, maternity home, heamodialysis centre, community mental health centre, psychiatric nursing home, medical or dental clinic, or any other healthcare facility. Interpretation 2. In this Act, unless the context otherwise requires— “Board” means the Board of Counsellors established under section 11; 8 Laws of Malaysia ACT 580 “certificate of registration” means a certificate issued under subsection 26(2) and includes a duplicate certificate of registration issued under subsection 32(2); “certificate of temporary registration” means a certificate issued under subsection 27(4) and includes a duplicate certificate of temporary registration issued under subsection 32(2); “company” has the meaning assigned to it in the Companies Act 1965 [Act 125]; “Council” means the Malaysian Counsellors Advisory Council established under section 3; “counselling” means a systematic process of helping relationship based on psychological principles performed by a registered counsellor in accordance with the counselling code of ethics to achieve a voluntary favourable holistic change, development and adjustment of the client such that the change, development and adjustment will continue throughout the lifespan of the client; “counsellor” means a person who provides counselling services for a prescribed fee or any other consideration; “Disciplinary Committee” means the Disciplinary Committee established under paragraph 36(2)(b); “health professional” includes a medical practitioner, medical and clinical psychologist, nurse, midwife, medical assistant and any person involved in the giving of medical and health services under the jurisdiction of the Ministry of Health; “ higher educational institution” means any institution established under the University and University Colleges Act 1971 [Act 30], the *Universiti Teknologi MARA Act 1976 [Act 173] or the Private Higher Educational Institutions Act 1996 [Act 555]; “Investigation Committee” means the Investigation Committee established under paragraph 36(2)(a); “local authority” means a local authority established under the Local Government Act 1976 [Act 171]; *NOTE—Previously known as “Institut Teknologi MARA Act 1976”—see the Institut Teknologi MARA (Amendment) Act 2000 [Act A1073]. Counsellors 9 “Minister” means the Minister for the time being charged with the responsibility for social welfare; “practising certificate” means a practising certificate issued under subsection 27(4) or 28(3), as the case may be; “prescribed” means prescribed by regulations made under this Act; “President” means the President of the Board of Counsellors; “Register” means the Register of Counsellors kept and maintained under section 19; “registered counsellor” means a person registered under section 26 or 27; “Registrar” means the Registrar of Counsellors appointed under subsection 18(1); “society” means a society registered under the Societies Act 1966 [Act 335]. PART II THE MALAYSIAN COUNSELLORS ADVISORY COUNCIL Establishment of Council 3. There is established an advisory council to be known as the “Malaysian Counsellors Advisory Council”. Functions of Council 4. The functions of the Council shall be— (a) to advise the Minister on any matter pertaining to this Act; and (b) to advise the Minister on any matter referred to it by the Board. 10 Laws of Malaysia ACT 580 Membership of Council 5. (1) The Council shall consist of the following members: (a) the Secretary General of the Ministry responsible for social welfare, who shall be the chairman; (b) the Deputy Secretary General of the Ministry responsible for social welfare, who shall be the deputy chairman; (c) the President of the Board or his representative; (d) the Registrar, who shall be the secretary; and (e) not more than twenty-five other members appointed by the Minister from the following categories: (i) the public sector; (ii) professional bodies allied to the counselling profession and approved by the Minister; (iii) representatives of higher educational institutions; (iv) non-governmental organizations which provide counselling services; and (v) individuals who, because of their knowledge and experience, would in the opinion of the Minister be of assistance to the Council. (2) No person shall be appointed to be a member of the Council unless he is a Malaysian citizen. Tenure of office 6. A member of the Council appointed under paragraph 5(1)(e), unless he sooner resigns or vacates his office or his appointment is sooner revoked, shall hold office for a term not exceeding two years and is eligible for reappointment. Revocation of appointment 7. The Minister shall revoke the appointment of a member of the Council appointed under paragraph 5(1)(e)— (a) if his conduct, whether in connection with his duties as a member of the Council or otherwise, has been such as to bring discredit on the Council; Counsellors 11 (b) if there has been proved against him, or he has been convicted on, a charge in respect of— (i) an offence involving fraud, dishonesty or moral turpitude; (ii) an offence under a law relating to corruption; (iii) an offence under this Act; or (iv) any other offence punishable with imprisonment for more than two years in itself only or in addition to or in lieu of a fine; (c) if he becomes a bankrupt; or (d) if he becomes of unsound mind or is otherwise incapable of discharging his duties. Cessation of membership 8. A member of the Council appointed under paragraph 5(1)(e) shall cease to be a member— (a) if he is absent from three consecutive meetings of the Council without leave of the chairman of the Council; (b) if his appointment is revoked; (c) on his death; or (d) if he resigns his office. Resignation 9. A member of the Council appointed by the Minister under paragraph 5(1)(e) may resign as a member of the Council at any time by giving one month’s notice in writing to the Minister. Meetings of Council 10. (1) The Council shall meet at least twice in each year. (2) At a meeting of the Council fifteen members shall constitute a quorum. 12 Laws of Malaysia ACT 580 PART III THE BOARD OF COUNSELLORS Establishment of Board 11. There is established a body corporate to be known as the “Board of Counsellors” with perpetual succession and a common seal, which may sue and be sued in its corporate name and, subject to and for the purposes of this Act, may enter into contracts and may acquire, purchase, take, hold and enjoy movable and immovable property of every description and may convey, assign, surrender, yield up, charge, mortgage, demise, reassign, transfer or otherwise dispose of, or deal with, any movable or immovable property or any interest therein vested in the Board upon such terms as it considers fit. Functions of Board 12. The functions of the Board shall be— (a) to oversee the provision of counselling services; (b) to evaluate the need for counselling services in Malaysia; (c) to regulate the training of counsellors and determine the types and levels of counselling to be made available in Malaysia; (d) to determine the qualifications entitling a person to be registered under this Act; (e) to determine the standard of counselling training programmes; (f) to make recommendations to the Government in relation to the standard of counselling services; (g) to register qualified counsellors; (h) to regulate the fees which can be charged by a registered counsellor for his counselling services; (i) to appoint members of the Board to sit on any board, committee or body formed for any purpose affecting the counselling profession; Counsellors 13 (j) to regulate the conduct of the counselling profession, including prescribing the code of ethics for the counselling profession; and (k) to do such other things as may be necessary to enable it to carry out its functions effectively. Membership of Board 13. (1) The Board shall consist of the following members who shall be appointed by the Minister: (a) a President, who shall be appointed from among the registered counsellors; (b) a representative of the Welfare Department; (c) a representative of the Ministry of Education; (d) a representative of the Ministry of Health; (e) a representative of the Islamic Development Department; (f) a representative of the Public Services Department; (g) a representative of the Ministry of Home Affairs; (h) three representatives of higher educational institutions; and (i) six registered counsellors. (2) Notwithstanding subsection (1), the first Board shall be appointed by the Min