The Investigation Committee (IC) of the Institute is a Committee established under Section 19(a) of the Accountants Act 1967 and comprises a 5-member panel of qualified council members of the Institute.
The function of this Committee is to investigate complaints against members and where justified, to refer these complaints to the Disciplinary Committee (DC). Each complaint is investigated and assessed objectively in line with the principle of natural justice.
To ensure effective regulation in a changing landscape, the Institute has undertaken steps to amend the Act, which is awaiting approval so as to have jurisdiction not only over members but also non-members. Bogus accountants and non-members have detrimentally affected the professional accountancy market by their fraudulent practices, which impacts the standards and professionalism of fellow members and the public’s perception of the profession. A key amendment to the Act to deter unethical and non-compliant behavior is to increase the penalty imposition against defaulting members. This will promote ethical behaviour effectively and enhance strict compliance among members, thus increasing public confidence in the Institute’s role in upkeeping the profession’s regulatory functions.
The IC receives complaints from the Registrar Office. These complaints are received from the public and from the Institute’s own surveillance departments.
The Investigating Officers (IO) liaise with both the Complainant and the member complained against (i.e., the Respondent) before the complaint is brought before the IC for deliberation. Before the IC deliberates, the IC accords the member being investigated an opportunity to be heard to provide further clarification and explanation on the Complaint lodged against the said member. This representation as provided by Rule 6(2) of the Malaysian Institute of Accountants (Disciplinary) (No. 2) Rules 2002 to appear before the IC provide an avenue for the member being complained against to render his or her explanations and representations and for the IC and IO to clarify matters pertaining to the complaint before a decision is made by the IC based on facts and evidence to either dismiss or refer the complaint to the DC.
At the DC mentions and hearings, the IC renders clarification and presents the case with witnesses, to the DC who then deliberates the case by hearing both the IO and the Respondent to determine whether the Charge against the member is established.