Professional Practice
Professional Practice I
Professionalism
Professional Practice I
Professional
Practice
Professional
Practice
be entitled to described or hold himself out under any name , style or title as;
Professional Engineer
Use the abbreviation Ir.
Use of display in any sign, board or card or any device representing or
implying that he is a Professional Engineer.
3
ECP registered with the Board who is a sole proprietor or partnership or body
corporate entitled to recover in court any fee, charge, remuneration or other
form of consideration for any professional engineering services rendered
10
22. (1) The practical experience that a registered Graduate Engineer is required
to obtain under section 10 (1) (b) of the Act in order to be entitled to apply for
registration as a Professional Engineer shall be carried out in a manner
satisfactory to the Board for a period of three years
(a)in the planning, design, execution or management of such works as
comprised within the profession of engineering;
(b)in engineering research;
11
2.
3.
4.
12
Ministry
Relevance
Natural Resources
and Environment
Submission to DOE
Human Resources
5 OSH ACT
Human Resources
Site Safety
Human Resources
Energy, Green
Tech. & Water
9 SPAN ACT
Plumbing submission
13
Registration
of Engineers
Act
Submission of plans,
engineering surveys,
drawings, schemes,
proposals, reports or studies:
Local
Authorities
14
Town and
Country
Planning ACT
Street, Drainage
and Building
ACT
15
Summary Conclusion
The Professional
Engineer
Civil Law
Act
Registration of
Engineers Act
Street, Drainage
and Building Act
Contract
Law
Public
Breach of registration/ethics
Breach of Regulations
BEM
Local
Authorities
Client
16
Concepts in Professionalism
Public Interest
Clients Interest
Code of Conduct
Expert Knowledge
17
Concepts in Professionalism
Public Interest
Clients Interest
Code of Conduct
Expert Knowledge
18
Concepts in Professionalism
19
Concepts in Professionalism
PROFESSIONAL CONDUCT
Code of Honour (Code of Professional Conduct)
A standard of conduct to uphold the status of the
Profession.
Code of Conduct are of moral, ethical and personal in
nature and are universal across all professions.
Honesty
Avoid conflict
of Interest
Fairness
Modesty
Unbiased
Judgement
Uphold
The Profession
20
Concepts in Professionalism
EXPERT KNOWLEDGE
Knowledge above that of the General Public
The expert knowledge of the professional distinguishes
him from the general public and of other professions.
21
Clause
Concept
23
24
1 & 2a
2a
2 & 3a
3a
Disclosure of interest.
2 & 3a
25 (1)
25 (2)
26
27
28
29
31
32
33
3a
3a
3a
2 & 3a
3a
2 & 3a
Description
standing of
profession
Public & fiduciary
interests
Fiduciary interest
Conflict of interest
Fair consideration
of his peers.
Modesty
standing of
profession
Conflict of interest
Fair consideration of
his peers.
Fiduciary interest &
Conflict of interest
Conflict of interest
22
Responsibility to Society/Public
Public Law
23
Responsibility to Society/Public
24
Responsibility to Society/Public
Torts
Negligence Torts
Intentional Torts
Accidents
Nuisance
Product Liability
Trespass
Duty of Care
Defamation
Professionals are
concerned with
negligence torts
False Imprisonment
25
Responsibility to Society/Public
26
Responsibility to Society/Public
Rules of Equity
Rules developed by the kings
court (the chancery court).
Supplement common law.
Relief are injunctions, writs.
27
Responsibility to Society/Public
Professional Responsibility & Duty of Care
28
Responsibility to Society/Public
DUTY OF CARE
THE BOLAM TEST
29
Responsibility to Society/Public
DUTY OF CARE
Dr Abdul Hamid Rashid v Jurusan Malaysian Consultants [1997] 3 MLJ 546
the court held that there was an implied term in the agreement that the fourth
defendant, by publicly proclaiming himself as a consulting civil engineer to
the general public, was expected to take reasonable care and skill in the
performance of his craft.
Steven Phoa Cheng Loon v Highland Properties Sdn Bhd & Ors [2000] 4 CLJ 508,
the condition of the land on which the building is to be built as well as those
in the vicinity must be considered and evaluated, particularly if it has potential
to adversely affect the building that is being planned.
A Professional Engineer is liable even in the absence of a written
contract or appointment.
The vicinity of the site must be considered (even if outside the
battery limit of contract).
30
Responsibility to Society/Public