Edition: 1 January 2022
- This Code shall apply to all categories of Members.
- All Members must adhere to the following requirements with integrity at all times:-
- act in a fair and honest manner;
- act in the best interest of all clients;
- provide a professional standard of service to clients, with due care and attention;
- behave in a manner which maintains the trust of the public, the profession and ISTMA;
- not undertake any action in their professional dealings or act in any manner detrimental to the interest of ISTMA; and
- treat all fellow Members with integrity, courtesy and fairness.
- Members must report to ISTMA if they are adjudged a bankrupt or enter into a deed of arrangement with creditors or convicted by any Court or Tribunal of an offence. Failure to report any of these matters will be a breach of this Code.
- Members must notify ISTMA if they become mentally incapacitated. All Members have a duty to inform ISTMA in the event the mentally incapacitated Member is unable to do so.
- A Disciplinary Committee shall be formed by Council to hear any Complaint made against a Member for any breach of this Code.
- Upon receipt of a Complaint, Council shall nominate a Disciplinary Committee to investigate and hear the Complaint. The Disciplinary Committee shall comprise the following persons nominated by Council:
- One Council Member, who shall be the chairperson
- One lay person, who may be from a government agency
- One Member of ISTMA
- The Disciplinary Committee shall consider all complaints in accordance with this Code. The Disciplinary Committee is required to reach a decision and communicate its decision together with its reasons and a recommendation to the Council.
- The Council may
- suspend or remove the membership of the Member;
- issue a written warning to the Member;
- direct the Member to offer (or participate in) a conciliatory undertaking; and/or
- impose such lesser penalty as the Council deems fit.
- The decision of the Council is final.
- Only complaints arising from events which took place in the preceding twelve (12) months may be considered.
- A Complainant or the Member may represent themselves or be represented by a representative of their choice.
- The Complainant shall submit a Complaint in writing setting out the matters the Complainant wants to raise against a Member.
- Upon receipt of the Complaint, the Secretary of ISTMA shall shall refer to the Council which shall then proceed to form the Disciplinary Committee.
- The Disciplinary Committee may request the Complainant for further details to be furnished within fourteen (14) days.
- A copy of the Complaint, with further details if any, shall be sent by the Secretary to the Member against whom the Complaint is made.
- The member shall have twenty (20) days to respond to the Complaint by way of a Response. Upon receipt the Secretary shall furnish the Complainant a copy of the Response. The Secretary shall furnish copies of all documents to the Disciplinary Committee for consideration.
- The Complainant or the Member may request an oral hearing. The Secretary shall notify the Complainant and the Member of the date on which the Disciplinary Committee shall convene to hear the case.
- Where no oral hearing is sought the Secretary shall request the Complainant and the Member to provide written submissions no less than seven (7) days before the date on which the Disciplinary Committee will convene to determine the matter.
- Cross examination of the Complainant or any other person by the Member and vice versa will not be allowed.
- At any time during the proceedings the Disciplinary Committee may request either party to provide additional information.
- Following the conclusion of the procedure including an oral hearing where requested, the Disciplinary Committee shall within thirty (30) days provide its written decision setting out its conclusion.
- Where the Complaint is upheld the Disciplinary Committee shall also provide a recommendation to the Council as to the penalty that should be imposed.
- Neither the Complainant nor the Member shall make any claim whatsoever against the Council or any Member of the Disciplinary Committee in relation to the Complaint or in connection with the disciplinary procedure.
- The Disciplinary Committee’s decision and recommendations will be considered at the next meeting of the Council. The Council’s decision will be sent to the Member and the Complainant.
- No costs shall be awarded to any of the parties, including the Member and the Complainant.
- Documents may be sent by electronic means where mail addresses are provided. Any document sent by post shall be by registered post.