Counsellors Act 1998

Original Language Title: Counsellors Act 1998

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WM laws of MALAYSIA Act REPRINTING COUNSELLOR ACT 1998 580 Contains all amendments to 1 January 2006 PUBLISHED by the COMMISSIONER of law revision, UNDER the AUTHORITY of law REVISION ACT 1968 in COLLABORATION with PERCETAKAN NASIONAL MALAYSIA BHD 2006 laws of Malaysia ACT 5802 COUNSELLOR ACT 1998 the date of Royal Assent.................. 4 March 1998, the date of publication in the Gazette............ 19 March 1998 REPRINT BEFORE Reprinting the first............ 2002 Counselor 3 laws of MALAYSIA Act 580 COUNSELLOR ACT 1998 ARRANGEMENT of SECTIONS part I preliminary section 1. Short title and application 2. Interpretation Part II ADVISORY COUNCIL COUNCILLORS MALAYSIA 3. Formation Of The Council 4. The Functions Of The Council 5. Membership Of The Council 6. The term of Office 7. Revocation of appointment of 8. Keterhentian membership of the 9. The resignation of 10. Council Meeting PART III BOARD Of COUNSELORS 11. The Establishment Of The Board 12. Functions Of The Board 13. Membership of Board laws of Malaysia ACT 5804 section 14. Public authorities Protection Act 1948 15. Public servants 16. Statements, reports, accounts and information 17. The conduct of civil proceedings PART IV REGISTRATION of COUNCILLORS and PRACTICES 18. Appointment and duties of Registrar 19. Register Of Councillors 20. Withdrawal from the register because of death, etc.
21. The inclusion of the 22. Councillors shall be registered 23. Practices are required 24. Eligibility for registration is 25. Application for registration 26. Registration 27. Temporary registration 28. Biennial practices 29. Certificate shall be displayed 30. Changes, or additional, free practice 31. Notification of change of address 32. Duplicate certificate part V BODY CORPORATE PRACTICE AS a COUNSELOR 33. The composition of the body corporate can practice as a counselor 34. The body corporate practice as a counselor for 35. Notification of any changes to the composition and change of address Councillors 5 PART VI DISCIPLINARY PROCEEDINGS Section 36. The investigation Committee and Disciplinary 37. Thus The Investigation Committee 38. Investigation by Disciplinary Committee 39. Suspension pending investigation finished practice 40. Disciplinary punishment 41. Return of certificate after withdrawal from the register of 42. Appeal against the decision of the Disciplinary Committee 43. Publication of the name of the person who issued from the register PART VII OFFENCES and PENALTIES 44. Error 45. 46. General penalty Offences by body corporate 47. Commencement and conduct of prosecution DIVISION VIII a RANGE of 48. Powers to enter, inspect, examine, seize, etc.
49. The regulations SCHEDULE laws of Malaysia ACT 5806 Counsellor 7 laws of MALAYSIA Act 580 COUNSELLOR ACT 1998 an act to provide for the registration and practice of counselors 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 Counsellor Act 1998.
(2) this Act shall not apply to — (a) any health professionals; or (b) any company, organisation or local authority that provides health care services such as hospitals, home care, Hospice, psychiatric hospitals, blood banks, ambulatory care centres, maternity home haemodialysis Centre, mental health centre, community psychiatric treatment home, medical or dental clinic, or any other health care facilities.
Interpretation 2. In this Act, unless the context otherwise requires — "register" means the register of Councillors kept and maintained under section 19;
Laws of Malaysia ACT 5808 "prescribed" means prescribed by regulations made under this Act;
"higher education institution" means any institution established under the universities and University Colleges Act 1971 [Act 30], * Universiti Teknologi MARA Act 1976 [Act 173] or private higher educational institutions Act 1996 [Act 555];
"The investigation Committee" means the Committee Investigation established under paragraph 36 (2) (a);
"Disciplinary Committee" means the Discipline Committee established under paragraph 36 (2) (b);
"Counsellor" means a person holding counselling services for a fee or any other consideration;
"registered counselor" means a person registered under section 26 or 27;
"Board" means the Board of Councillors established under section 11;
"Council" means the Advisory Council Councillors established under section 3;
"Minister" means the Minister for the time being charged with the responsibility for social welfare;
"Registrar" means the Registrar of Councillors appointed under subsection 18 (1);
"counseling" means a systematic process to help relations based on the principles of Psychology by the counsellor registered in accordance with the code of ethics for counselling to achieve a change, holistic development and customization, and volunteering at the client's self so that changes, progress and reconciliation that will continue throughout the life of the client;
"certificate of practice" means a certificate of practice issued under subsection 27 (4) or 28 (3), as the case may be; * NOTE — formerly known as "Institut Teknologi MARA Act 1976" – see Act Institut Teknologi MARA (Amendment) order 2000 [Act A1073].
Counselor 9 "certificate of registration" means a certificate issued under subsection 26 (2) and includes a duplicate of the certificate of registration issued under subsection 32 (2);
"the temporary registration certificate" means a certificate issued under subsection 27 (4) and includes a duplicate for a temporary certificate of registration issued under subsection 32 (2);
"organization" means the organization registered under the Societies Act 1966 [Act 335];
"local authority" means the local authority established under the local Government Act 1976 [Act 171];
"President" means the President of the Board of counselors;
"health professionals" includes medical practitioners, medical and clinical psychologists, nurses, midwives, medical assistants and any person involved in providing medical and health services under the jurisdiction of the Ministry of health;
"company" has the meaning assigned to it in the companies Act 1965 [Act 125].
PART II Of The ADVISORY COUNCIL Of MALAYSIA'S Formation Of The Council 3 COUNCILLORS. Then set up an Advisory Council known as the "Malaysian Counselor Advisory Council".
The Functions Of The Council 4. The functions of the Council — (a) to advise the Minister on any matter related to this Act; and (b) to advise the Minister on any matter referred to it by the Board.
Laws of Malaysia ACT 58010 membership of the Council 5. The Council shall consist of the following members: (a) the Secretary-General of the Ministry charged with the responsibility for social welfare, who shall be the Chairman;
(b) the Deputy Secretary-General of the Ministry charged with the responsibility for social welfare, who shall be the Deputy Chairman;
(c) the President of the Board or his/her representative;
(d) the Registrar, who shall be the Secretary; and (e) not more than twenty-five other members appointed by the Minister of the following areas: (i) public sector;
(ii) Organization of professionals who have contact with the counseling profession and approved by the Minister;
(iii) representatives of institutions of higher education;
(iv) non-governmental organizations that provide counselling services; and (v) an individual who, due to their knowledge and experience, in the opinion of the Minister will be able to assist the Council.
(2) No person shall be appointed as members of the Council unless he is Malaysian.
The term of Office 6. A member of the Council appointed under paragraph 5 (1) (e), unless he resigns or empty office or his appointment is cancelled in advance, shall hold office for a term not exceeding two years and shall be eligible for reappointment.
Counselor 11 revocation of appointment of 7. The Minister shall revoke the appointment of a member of the Council appointed under paragraph 5 (1) (e) — (a) if his actions, whether related to its obligations as a member of the Council or otherwise, is such a way that the worst is the name of the Council;
(b) if there has been proved against him, or if he has been convicted of, a charge in respect of — (i) an offence involving fraud, dishonesty or moral turpitude;
(ii) an offence under any law relating to corruption;
(iii) an offence under this Act; or (iv) any other offence punishable with imprisonment for more than two years whether imprisonment only, or in addition to a penalty or in lieu of the penalty;
(c) if he becomes bankrupt; or (d) if he is found to be of unsound mind or otherwise unable to perform his duties.
Keterhentian membership of 8. A member of the Council appointed under paragraph 5 (1) (e) shall cease to be a member — (a) if he fails to attend three consecutive meetings of the Council without the permission of the Chairman of the Council;
(b) if his appointment is revoked;
(c) when he dies; or (d) if he resigned.
The resignation of

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.
Laws of Malaysia ACT 58012 10 Council meeting. (1) the Council shall meet at least twice each year.
(2) At a meeting of the Council of fifteen members shall form a quorum.
PART III BOARD Of COUNSELORS Board 11. Then established a body corporate to be known as the "Board of counselors" who have perpetual succession and a common seal, which may sue and be sued on behalf of him and, subject to and for the purposes of this Act, may enter into contracts and can acquire, purchase, take, hold and enjoy any kind of movable and immovable property and may transfer, assign, surrender , return, mortgage, charge, pledge, assign the mendemis, transferred or in any other manner dispose of, or make any arrangements regarding, any movable or immovable property or any interest thereon which are vested in the Board, upon such terms as he thinks fit.
Functions Of The Board 12. The functions of the Board are: (a) facilitate the provision of counselling service;
(b) assess the need for counselling services in Malaysia;
(c) regulating the training of Councillors and determine the type and level of counselling which will be held in Malaysia;
(d) determine the qualifications that entitle a person to be registered under this Act;
(e) determine the standard counselling training programme;
(f) make recommendations to the Government in relation to standard counselling services;
Counselor 13 (g) register of qualified Counsellor;
(h) regulating the fees that can be charged by a registered counselor for kaunselingnya service;
(i) appoint members of the Board to fill any Board, Committee or body established for any purpose affecting the profession of counselling;
(j) regulating the conduct of the profession of counseling, including the set code of ethics for the profession of counselling; and (k) do any other thing necessary to enable it to carry out its functions effectively.
Membership Of The 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 amongst registered counselors;
(b) a representative of the Social Welfare Department;
(c) a representative of the Ministry of education;
(d) a representative of the Ministry of health;
(e) a representative of the Department of Islamic Development;
(f) a representative of the Department of the public service;
(g) a representative of the Ministry of Home Affairs;
(h) three representatives of higher education institutions; and (i) six councillors are registered.
(2) Notwithstanding subsection (1), the first Board shall be appointed by the Minister for a term not exceeding two years and shall consist of the following members: (a) the Secretary-General of the Ministry responsible for social welfare, as Chairman;
(b) nine people representing professional organizations that have contact with the profession of counselling; and (c) a person who represents higher education institutions.
Laws of Malaysia ACT 58014 (3) the provisions of the first schedule shall apply to the Board.
(4) the Registrar shall be the Secretary of the Board.
(5) the Minister may, after consultation with the Board, amend the first schedule by order published in the Gazette.
Public authorities Protection Act 1948 14. Public authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceeding of the Board or of any Member, officer, agent or servants of the Board in respect of any act, neglect or default made or done by him upon such property.
Public servants 15. Every Member of the Board or any of its committees and every officers, servants or agents of the Board, while on his duties as members, officers, servants or agents of the Board, shall be deemed to be public servants within the meaning of the Penal Code [Act 574].
Statements, reports, accounts and information 16. (1) the Board shall give the Minister such statements, reports, accounts and information about the property and its activities as required or directed by the Minister.
(2) without prejudice to the generality of subsection (1), the Board shall, as soon as practicable after the end of each financial year, cause to be made and sent to the Minister a report which deals with the activities of the Board during the previous financial year and the report shall be in such form and shall contain any information relating to the proceedings and the Board policy as determined by the Minister.
Counselor 15 civil proceeding 17. The Board may appoint a barrister and a solicitor to start and carry out any civil proceedings on his behalf.
PART IV REGISTRATION of COUNCILLORS and PRACTICES the appointment and duties of Registrar 18. (1) the Board shall appoint a Registrar of Councillors who shall be under the direction and general supervision of the Board.
(2) the Registrar shall — (a) sign all certificates of registration and temporary registration certificate;
(b) records all records required to be made in the register;
(c) removing from the register the names and other details of the registered counselor whose name has been ordered by the Board or the Disciplinary Committee so issued; and (d) perform any other duties required by this Act or the regulations made under this Act that is carried out by him or as directed by the Board for the purposes of this Act.
Register Of Councillors 19. (1) the Registrar shall keep and maintain a register called the register of counsellors.
(2) the register shall be kept in any form and on any material as may be prescribed.
(3) the register shall be open for inspection by the public in such manner as may be prescribed by the Minister by regulations.
Laws of Malaysia ACT 58016 (4) the Registrar may, with the approval of the Board in advance, making amendments to the register for the purpose of correcting any errors or to update any information contained in it; and shall publish in the W rta the name and address of the registered counselors involved with such amendments.
Withdrawal from the register because of death, etc.
20. (1) the Board may, if it is satisfied that a registered counselor — (a) is dead;
(b) is to be capable of carrying out his professional duties as Counsellor as a result of physical or mental weakness;
(c) not to renew the temporary certificate of registration or certificate of practice within four years from the date of expiry, ordered the Registrar to issue the names and particulars relating to the registered Counselor from the register.
(2) the Registrar shall publish in the Gazette the name of every person that is removed from the register under subsection (1).
Restoration of 21. (1) the Board shall, upon the application of any person whose name has been issued on the grounds set out in paragraphs 20 (1) (c), enter its name in the register.
(2) every application for restoration shall be made in the prescribed form and accompanied by the prescribed fee.
(3) the Board shall, upon the application of any person who has been placed back under subsection (1), issue to him a certificate of practice under subsection 27 (4) or 28 (3) as if such an application is made under subsection 27 (2) or subsection 28 (1), as the case may be.
Counselor 17 Counselors shall be registered 22. (1) No person shall — (a) practise or run or operate, or submit himself as practice or conduct or handling practices as counselors or working as counsellors;
(b) use the title "registered counselor" or any title in any language which may reasonably be construed as indicating that he was a registered counselor; or (c) use or display any sign, card, Board, or other designs that reflects or indicates that he is a registered counselor, unless he is registered under this Act.
(2) any person who contravenes subsection (1) commits an offence and shall on conviction be liable to a fine not exceeding thirty thousand ringgit or to imprisonment for a term not exceeding three years or to both.
Practices are required to 23. (1) No person shall practise as a Counsellor unless he holds a valid certificate of practice issued under this Act.
(2) any person who contravenes subsection (1) may be subject to disciplinary proceedings under part VI and shall not be entitled to get in any court any fees, charges or remuneration for services kaunselingnya.
Eligibility for registration 24. (1) a person shall be registered as a counselor if he satisfy the Board that he is a Malaysian citizen or a permanent resident of Malaysia, aged not less than twenty-one years of age, is a fit and proper person to be registered as a counselor and holds any of the qualifications specified in the second schedule.
(2) If a person holds any credentials not specified in the second schedule, but the Board is satisfied that the laws of Malaysia ACT 58018

the qualification is not less than or equal to the qualifications set out in the schedule, the Board may approve the registration of that person as a counselor if he satisfy the Board that he is a Malaysian citizen or a permanent resident of Malaysia, aged not less than twenty-one years and was a fit and proper person to be registered as counsellors.
(3) the Minister may, after consultation with the Board, amend the second schedule by order published in the Gazette.
Registration application 25. An application for registration as a counselor to be made in the prescribed form and shall be accompanied by such information and documents as may be required by the Board.
Registration 26. (1) on receipt of an application under section 25, the Board shall consider the application.
(2) if the Board decides to register the applicant, it shall direct the Registrar to enter the names and details of the applicant in the register and issue a certificate of registration to the applicant.
(3) the President shall sign every entry made in the register.
(4) the Registrar shall publish in the Gazette the name and address of every person whose name and details have been recorded in the register under subsection (2).
(5) If the Board refuses to register an applicant, the Registrar shall forthwith serve a notice of the refusal of the Board to the applicant.
(6) an applicant aggrieved by the refusal of the Board to mendaftarkannya may appeal in writing to the Minister Counsellor 19 within twenty-one days from the date of the notice of refusal is communicated to him.
(7) the decision of the Minister shall be final.
Temporary registration 27. (1) any person who is not a citizen of Malaysia and also permanent resident of Malaysia who intend to practice as a counselor in Malaysia can apply in the prescribed form for registration is temporarily unavailable.
(2) an application under subsection (1) shall be accompanied by an application for certification practices and the prescribed fees.
(3) on receipt of an application under subsection (1), the Board shall consider the application and may allow the applicant registered temporary if the Board is satisfied that — (a) he is registered or licensed as a counselor, or otherwise allowed by law to practice as a counselor, in the country where he usually practice as a counselor;
(b) he has expertise in counseling; and (c) his physical presence is required in Malaysia for a period of not less than one hundred and eighty days in a calendar year for the purpose of the counselling service is to be held or he is resident representative for the foreign component of a joint venture for the purpose.
(4) If the Board allows an applicant registered while, it shall direct the Registrar to issue to the applicant a certificate of provisional registration and a certificate of practice.
(5) If the Board refuses to register an applicant, the Registrar shall forthwith serve a notice of the refusal of the Board to the applicant.
(6) an applicant aggrieved by the refusal of the Board to mendaftarkannya may appeal in writing laws of Malaysia ACT 58020 to the Minister within twenty one days from the date of the notice of refusal is communicated to him.
(7) the decision of the Minister shall be final.
(8) a temporary certificate of registration and a certificate of practice issued under subsection (4) shall be valid for a period of twelve months from the date the certificate was issued.
(9) a temporary certificate of registration and a certificate of practice issued under subsection (4) may be renewed when application is made to the Board in the prescribed form not less than thirty days before the date of expiry of the certificate.
(10) every application made under subsection (9) shall be accompanied by the prescribed fee and any documents and information as may be required by the Board.
Biennial practices 28. (1) a counsellor registered under section 26 and intends to practice as a counselor must make an application, in the prescribed form, within one month from the date of the certificate of registration issued to him under subsection 26 (4), for a biennial practices.
(2) every application for the biennial practices shall be accompanied by the prescribed fee and shall include — (a) the address of the principal place, and other places, where the registered counselor intends to practice as a counselor;
(b) the address of the registered counselor for correspondence.
(3) on receipt of an application under subsection (1), the Board may issue a certificate of practice of biennial of Councillors 21 the applicant which allows the applicant to practice as a counselor in a place specified in the certificate within two years for which the biennial practices was issued.
(4) Notwithstanding anything to the contrary in this Act, a person registered counselor who has made an application under subsection (1) may practice as a counselor without biennial practices from the date of his application under subsection is received by the Board until the day of the biennial practices issued to him under subsection (2), and, for the purposes of this Act and any regulations made under this Act , he shall be deemed to have had a biennial practices during that period.
(5) a certificate of biennial practice is renewable upon application made to the Board in the prescribed form not less than thirty days before the date of expiry of the certificate.
(6) an application made later than the period referred to in subsection (5) shall not be allowed unless an additional fee prescribed is already paid.
(7) subsection (2) and (3) shall apply to an application for renewal of a certificate of biennial practice as it applies for a new application.
Certificate shall be carried on the 29. (1) every registered counselor shall display, in part to see premises that he practice as a counselor, a copy of the certificate of registration or temporary registration certificate, as the case may be, and the certificate of practice.
(2) where a registered counselor practice as counselors at more than one premises, he shall cause a copy of the certificate of registration or provisional registration certificate, as the case may be, and practices, on display at the conspicuous at each of the premises.
(3) any person who contravenes subsection (1) or (2) commits an offence.
Laws of Malaysia ACT 58022 (4) any person who exhibits, or to allow to display, in any premises, a certificate of registration or provisional registration certificate or a certificate of practice, or a copy of any such certificate, which contains the name or her picture at any time, while his name does not exist in the register or he does not hold a certificate of registration or provisional registration certificate valid, as the case may be , or a certificate of practice guilty of an offence.
Changes, or additional, free practice 30. (1) where — (a) there is a change of address of the premises specified in the certificate of practice where one person registered practice as a counselor; or (b) a person registered who practice as counselors in any premises in addition to the premises specified in the certificate of practice, he shall, within thirty days from such changes or additions, notify the Registrar in writing of such changes or additions.
(2) every notification under subsection (1) shall be accompanied by — (a) the details of the certificate of registration or provisional registration certificate, as the case may be; and (b) the certificate of practice, the registered counselor.
(3) the Registrar may require a registered counselor to submit such information as it may deem necessary on the premises referred to in subsection (1) and the registered persons shall comply with the requirements.
(4) any person who contravenes subsection (1), (2) or (3) commits an offence.
Counselor 23 (5) the Registrar shall endorse or the new address or the address of the new premises of the registered counselor practice as a counselor at the registered counselor practices and returning the certificate to the registered counselor.
Notification of change of address of 31. (1) every registered counselor shall notify the Registrar of any change of his address for correspondence within fourteen days of the changeover.
(2) any person who contravenes subsection (1) commits an offence.
A duplicate acknowledgement 32. (1) a registered counselor lost certificate of registration or temporary registration certificate, as the case may be, gone shall immediately inform the Registrar about losing it.
(2) the Registrar shall, when application is made and the prescribed fee paid by a registered counselor, issue to the registered counselor a duplicate certificate of registration or provisional registration certificate duplicate, as the case may be.
Part V BODY CORPORATE PRACTICE AS a COUNSELOR in the composition of the body corporate can practice as a counselor

33. (1) No body corporate can practice as a counselor unless its Board of Directors consist of — (a) a whole person who is a registered counselor; or (b) a number of largely individual who is a registered Counsellor, and individuals of the other laws of Malaysia ACT 58024 are in professions that have contact with the counseling profession and approved by the Board.
(2) any body corporate contravenes subsection (1) commits an offence.
The body corporate practice as a counselor 34. A body corporate carrying on practice as a counselor — (a) may use the title "registered counselor" or any title in any language which could be reasonably interpreted as implying that the body corporate is a body corporate carrying on practice as a counselor;
(b) may use or display any signage, Board, card or other designs that reflect or imply that the body corporate is a body corporate carrying on practice as a counselor; and (c) be entitled to in any court any fees, charges or remuneration for professional counselling service, as long as it complies with subsection 33 (1).
Notification of any changes to the composition and change of address 35. (1) a body corporate practice as a counselor shall notify the Board of — (a) of any change in the composition of its Board of Directors in a report containing full details of the changes, within thirty days of the change; and (b) of any change of address that he carry out practice as a counselor, within fourteen days from the change.
(2) any body corporate contravenes subsection (1) commits an offence.
Counselor 25 PART VI PROCEEDINGS of the DISCIPLINARY Investigation Committee and Disciplinary 36. (1) the Board shall have disciplinary powers over all registered counselor and shall exercise disciplinary control in respect of all Councillors in accordance with this Act.
(2) for the purposes of this section there shall be established: (a) an investigation committee comprising three members of the Board to investigate a complaint made against any person registered counselors; and (b) a Disciplinary Committee consisting of five members of the Board, who is not a member of the investigation Committee, to conduct an investigation of a complaint referred to it by the investigation Committee.
The Duties Of The Investigation Committee 37. (1) every complaint against any registered counselor should be addressed to the Registrar who shall immediately refer the complaint to the investigation Committee.
(2) the investigation Committee shall investigate every complaint and shall, as soon as practicable, submit its report about the complaint to the Disciplinary Committee.
(3) every report under subsection (2) shall — (a) state whether there are sufficient reasons to take disciplinary proceedings against someone registered counselors; and (b) accompanied by such evidence as may be obtained by the investigation Committee to support that statement.
Laws of Malaysia ACT 58026 Investigation by disciplinary committee 38. (1) if the reports submitted by the investigation Committee States that there is sufficient reason to take disciplinary proceedings against someone registered counselor, Disciplinary Committee shall conduct an investigation of the case.
(2) a registered counselor against whom disciplinary proceedings are taken shall be given an opportunity to make representations against the disciplinary charge made against him before the decision was reached by the Disciplinary Committee.
(3) registered Counsellor against whom disciplinary proceedings are taken shall be notified by the Registrar by registered post on the decision of the Disciplinary Committee as soon as possible after the decision is made.
Suspension pending investigation practices finished 39. (1) the Board may, if it thinks fit, suspend a person practices registered counselor for a period not exceeding six months, pending completion of the investigation by the investigation Committee and the Disciplinary Committee's investigation.
(2) no registered counselor can practice as a counselor during the period of the suspension under subsection (1).
(3) any person who contravenes subsection (2) commits an offence.
Disciplinary punishment 40. (1) the Disciplinary Committee shall, upon being satisfied that — (a) has been proven against a registered counselor, or registered counselors have been convicted of, a charge in respect of — (i) an offence involving fraud, dishonesty or moral turpitude;
(ii) an offence under any law relating to corruption;
Counselor 27 (iii) an offence under this Act; or (iv) any other offence punishable with imprisonment for more than two years whether imprisonment only, or in addition to a penalty or in lieu of the penalty;
(b) if the registration of a registered counselor obtained through fraud or misrepresentation; or (c) registered Counsellor becomes bankrupt, order the registered counselor's name removed from the register.
(2) the Disciplinary Committee shall, on being satisfied that — (a) registered Counsellor has offered or received a Commission in the opinion of the Disciplinary Committee was an illegal Commission; or (b) a registered counselor has violated any provision of this Act or any regulations made under this Act, impose any one or any combination of the following: disciplinary punishment (aa) order the registered counselor's name removed from the register;
(bb) order the name of the registered counselor suspended from the register for a period not exceeding two years;
(cc) order the imposition of a fine not exceeding five thousand dollars;
(dd) order the registered counselor dicela.
Return of certificate after withdrawal from the register of 41. (1) a registered person shall return to the Board a certificate of registration or temporary registration certificate, as the case may be, and the certificate of practice within twenty-one days after notified under subsection 38 (3) of the decision of the Disciplinary Committee under section 40 to remove his name from the register.
(2) any person who contravenes subsection (1) commits an offence.
Laws of Malaysia ACT 58028 Appeal against the decision of the Disciplinary Committee 42. (1) any person aggrieved by the decision of the Disciplinary Committee against him under section 40 may, within thirty days after notified about the decision, appeal to the Minister against the decision.
(2) the Minister may confirm, reverse or vary the decision of the Disciplinary Committee.
(3) the decision of the Minister under subsection (2) shall be final.
Publication of the name of the person who issued from the register of 43. The Registrar shall publish in the Gazette the name of every registered counselor whose name has been removed from the register of — (a) upon the expiry of specified in subsection 42 (1), if the registered counselor not to appeal against the decision of the Disciplinary Committee; or (b) after the decision of the Minister confirming the decision of the Disciplinary Committee, if registered counselors make an appeal against the decision of the Disciplinary Committee, as the case may be.
PART VII OFFENCES And PENALTIES Offence 44. Any person who — (a) acquire or cause the acquisition of a certificate of registration, certificate of registration or certificate of practice — temporary (i) to make or cause to be made; or Counselor 29 (ii) to remove or cause to be issued a declaration, certificate, application or false representations or fraud;
(b) falsify, alter or melancungkan a certificate of registration, certificate of registration or certificate of practice of temporary;
(c) use of a certificate of registration, certificate of registration or certificate of practice of temporary falsified, altered or dilancungkan;
(d) impersonate a person registered or a Director of a body corporate that practice as a counselor;
(e) purchasing or fraudulently obtains a certificate of registration, certificate of registration or certificate of practice of temporary; or (f) sell, assign or transfer a certificate of registration, certificate of registration or certificate of practice, while guilty of an offence and shall on conviction — (aa) a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding two years or to both; and (bb) in the case of a continuous offence, a fine not exceeding one thousand dollars for each day or part of a day for the offence continues after conviction.
General penalty 45. A person who contravenes any of the provisions of this Act for which no penalty expressly provided can on conviction — (a) a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding one year or both of each; and the laws of Malaysia ACT 58030 (b) in the case of continuing offence, to a fine not exceeding five hundred ringgit for every day or part of a day as long as the offence continues after conviction.
Offences by body corporate

46. If a body corporate commits an offence under this Act or any regulations made under this Act, then any person who, at the time of the offence committed, is a Director, Manager, Secretary or other similar officer of the body corporate or any person purporting to act on any such property, or by any other means or up to any extent is responsible for the management of any Affairs of the body corporate , or assist in the management of such — (a) may separately or in association in the same proceedings with the body corporate; and (b) if the body corporate is found guilty of the offence, shall be deemed to have committed the offence unless, having regard to the type of its functions on the properties and all the circumstances, he proves — (i) that the offence was committed without the knowledge, consent or pembiarannya; and (ii) that he took all steps awake-reasonable precautions and exercise reasonable diligence to avoid the Commission of the offence.
Commencement and conduct of prosecutions 47. Prosecution in respect of an offence under this Act may not be commenced or undertaken except with the written permission of the public prosecutor.
Counselor 31 PART VIII VARIOUS Powers to enter, inspect, examine, seize, etc.
48. (1) the President of the Board or any officer authorized by him may, for the purpose of implementing the purpose of this Act or any regulations made under this Act, at any reasonable time and upon submission of certificates pemberikuasaannya enter, inspect and examine any premises or any area includes any buildings or building on it owned or used, either permanently or otherwise , or whether registered or not registered for use, by registered counselor.
(2) in conducting an inspection under subsection (1), the President or an officer authorized by him may — (a) enter any area or premises;
(b) examine any books, registers, documents, material or other article as he may deem necessary; and (c) remove and detain any book, register, document, material or other article.
(3) an officer may for the purposes of this section asks for bilamasa police need help in the implementation of its duties.
Regulations 49. (1) the Minister may, after consultation with the Board, make regulations for all or any of the following purposes: (a) prescribing how to apply for a certificate under this Act, the particulars of which shall be given by the applicant, the method of certification, fees payable to him, conditions or restrictions that will apply and form or forms of certificate;
(b) regulating the keeping of Registers and accounts, records, reports and documents and establishing the form and content;
Laws of Malaysia ACT 58032 (c) prescribing property management Board and auditing its accounts;
(d) establish a procedure for the election or appointment of members of the Committee of the Council or the Board;
(e) prescribing requirements to be complied with by the Board for use legal advisory services and remuneration shall be paid to him;
(f) establish a procedure for the investigation of complaints and disciplinary investigations;
(g) establish a procedure for appeal;
(h) prescribing the matters in respect of which the fees and charges payable under this Act or the regulations made under this Act, the amount of the fees, and the person liable to pay him;
(i) prescribing forms to be used in making an application under this Act; and (j) any other matters required by this Act that prescribed or specified or as are necessary or expedient for or disclosed to enforce this Act.
(2) regulations made under this Act shall be — (a) provides that any breach of any provision of the regulations is an offence;
(b) provide for such offences punished by a fine not exceeding three thousand ringgit or to imprisonment for a term not exceeding six months or to both;
(c) made so effective in recent times to a date not earlier than the date of commencement of this Act.
(3) Notwithstanding paragraph (2) (c), no person shall apply or be liable for any penalty in respect of any act done before the date the regulations published in the Gazette.
Counselor 33 FIRST SCHEDULE [Subsection 13 (3)] of the meeting 1. (1) the Board shall meet at least twice a year at times and places designated by the President.
(2) written notice at least fourteen days shall be given to members.
(3) the President shall preside at meetings of the Board and in his absence the Board shall elect one of them to chair the meeting.
(4) a quorum of the Board is seven people.
(5) every Member of the Board present shall be entitled to one vote.
(6) If for a question to be determined by the Board there is equality of votes, the President, or if the President is absent, the Chair of the meeting shall have a casting vote.
An allowance of 2. Members of the Board shall be paid such allowances as determined by the Minister.
The Board may invite others to attend meetings 3. (1) the Board may invite any person to attend the meeting or deliberation of the Board for the purpose of advising it on any matter under discussion, but that person shall not be entitled to vote at the meeting or deliberation.
(2) any person invited under subparagraph (1) may be paid such fee as may be determined by the Board.
Minutes 4. (1) the Board shall cause minutes of all its meetings in order to be maintained and stored in a proper form.
(2) minutes made of meetings of the Board, if duly signed, is admissible in evidence in all legal proceedings without further proof.
Laws of Malaysia ACT 58034 (3) every meeting of the Board in respect of the proceedings thereon: such has been made shall be deemed to have been duly convened and held and all members at a meeting duly qualified to act.
Seal 5. (1) the Board shall have a common seal which shall bear such device approved by the Board and such seal may be broken, changed, altered or made anew as the Board may think fit.
(2) the seal shall be kept in the custody of the President or any other person authorized by the Board in writing and shall be authenticated by the President or an officer duly authorised.
(3) all deeds, documents and other instruments purporting to be sealed with the seal of the Corporation, which is confirmed by one of the persons specified in subparagraph (1), shall until the contrary is proved, be deemed to have been validly executed to be valid.
(4) Notwithstanding subparagraph (3), any document or instrument which if executed by a person not being a body corporate is not required to be sealed in a manner similar to be completed by the Board; and any such document or instrument may be executed on behalf of the Board by any member of the Board authorized generally or specifically by the Board for that purpose.
(5) the common seal of the Board shall be officially and judicially noticed.
Disclosure of interest 6. A member of the Board, directly or indirectly, himself or by his partner, any interest in any company or undertaking which the Board proposes to make any contract or who has any interest in any contract or in any matter under discussion by the Board shall disclose the fact and the nature of his interest to the Board, and the disclosure shall be recorded in the minutes of the Board and except where specifically authorised thereto by the President, the Member cannot take part in the deliberation or decision of the Board in relation to the contract or that matter.
Validity of acts and proceedings 7. No act done or proceeding taken under this Act may be questioned on the ground that — (a) any vacancy in the membership of, or any defect in the establishment of, the Board;
Counselor 35 (b) any breach of the provisions of paragraphs 6 by any member of the Board; or (c) there is any omission, defect or irregularity which does not affect the merits of the case.
The use of money 8. (1) money received by the Board either of the fees payable under this Act or other sources should be used by the Board — (a) first of all, to finance the expenses for registration and other expenses for the administration of this Act includes any expenses of the Board may be allowed under this Act; and (b) after that for the promotion and development of the profession of counselling.
(2) money that is not needed immediately by the Board may be invested in such securities trust as determined by the Board, from time to time, after consultation with the Minister.
Members should devote time to the business of the Board 9. Every Member of the Board should devote time to the business of the Board as may be necessary to meet their obligations effectively.
Setting 10. Subject to this Act, the Board shall establish its own procedure.
SECOND SCHEDULE [Subsection 24 (1)]

A LIST of REGISTRABLE QUALIFICATIONS state that the name of the institution that provides the qualifications provide eligibility Descriptions Malaysian qualifications University of Malaya master of education (guidance and counseling) the Universiti Kebangsaan Malaysia Psychology Diploma (counseling) laws of Malaysia ACT 58036 master of Arts (Counselling Psychology) master of education (guidance and counseling) the Universiti Putra Malaysia's Bachelor of education (guidance and counseling) master of Science University of technology master of Education (guidance and counseling) International Islamic University Master of education (guidance and counseling) Universiti Sains Malaysia's Bachelor of education with honours master of education
Doctor of philosophy (education) state that the name of the institution that provides the qualifications provide eligibility Description eligibility Counsellor 37 laws of MALAYSIA Act 580 COUNSELLOR ACT 1998 LIST AMENDMENT law short title effect amend from – no – laws of Malaysia ACT 58038 laws of MALAYSIA Act 580 COUNSELLOR ACT 1998 LIST SECTION AMENDED Section Power amend with effect from – THERE are –