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CODE OF ETHICS

PART 1

1. PRELIMINARY

1.1 The Code of Ethics establishes the expected standard of professional conduct and competence for immigration

Consultants. The Code of Ethics also provides guidance to the profession, with the goal of protecting the public from

unprofessional, improper or incompetent practice.

1.2 A person who wishes to practice as an Immigration Consultant must be a registered member of the Association, a

recognized professional body and authorized by the Director-General of Immigration and be a member of a

professional body recognized by the Director-General of Immigration for the purpose of uniformity in the professional

practice and discipline of affiliated Immigration Consultants.

1.3 A person who is not regulated by a designated Professional Body and who consults, represents or advises a person

who is the subject of a proceeding or application before the Director-General of Immigration, when neither registered

by with the Director-General of Immigration nor explicitly exempted from registration, shall be committing an offence

under the Immigration and Deportation Act No 18 of 2010 as read with Statutory Instrument (SI) Number 38 of 2013.

1.4 The Association shall be responsible for the administering and enforcement of the Code of Ethics of its members.

2. APPLICABILITY

2.1 It is the duty of any person to whom the this Code of Ethics applies to comply with its provisions. It includes all the

persons providing Immigration Consultancy or services and those who are employed by them or work under their

supervision. It relates not only to conduct, but also to the professional practice and discipline of registered

Consultants. It describes what is required expected of Immigration Consultants when providing Immigration advice or

services. The Code of Ethics places specific requirements upon registered Consultants.

3. INTERPRETATION

3.1 In these regulations, unless the context otherwise requires:

Registration and Regulatory Authority means the Association and the authority of the Director-General of

Immigration, pursuant to Section 47 of the Immigration and Deportation Act, No. 18 of 2010 of the Laws of Zambia as

read with Statutory Instrument (SI) number 38 of 2013, to register and establish the Code of Ethics and regulate the

conduct of Immigration Consultants.

Agent means a person who;

(a) Represents an Immigration Consultant with respect to Clients.

(b) Solicits Clients on behalf of an Immigration Consultant; or

(c) Liaises with a client with the intent to provide information to assist the Immigration Consultant in

representing, advising or consulting with a client.

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Association of Professional Immigration Consultants means the Association representing Immigration

Consultants and recognized by the Director-General of Immigration.

Client means a person on whose behalf an Immigration Consultant undertakes to represent, advise or consult in

respect of any proceeding or application before the Director-General of Immigration.

Conduct Unbecoming of an Immigration Consultant means conduct in of an Immigration Consultant’s personal,

professional or private capacity that tends to bring discredit upon the profession including, for example:

(a) Committing a criminal act that reflects adversely on the Immigration Consultant’s honesty,

trustworthiness, or fitness as an Immigration Consultant;

(b) Taking improper advantage of the youth, inexperience, lack of education, lack of sophistication, ill

health, or un-businesslike habits of another;

(c) Engaging in conduct involving dishonesty;

(d) Failling to abide by a fee dispute resolution either resolved by the Association or a Court of competent

jurisdiction.

Designated Professional Body means any registered Professional Body recognized by the Registrar of companies

Companies or the Registrar of Societies, the Association and the Director General of Immigration who are currently

registered and deemed to be a professional body or any statutory governing body established by an Act of

Parliament or any legislation to regulate the conduct of its members.

Employee means a person who is in an employee/employer relationship with an Immigration Consultant.

Immigration Consultant means a person, other than a legal practitioner, who for remuneration and by trade,

represents or acts on behalf of other persons in respect of any of the procedures or activities under the Immigration

and Deportation Act Number 18 of 2010 as read with Statutory Instrument Number 38 of 2013. Other than:

(a) A person who works under the supervision of such a person and is not a registered immigration consultant in their own right or;

(b) A person exempted from registration.

Professional Misconduct means the professional conduct of an Immigration Consultant that tends to bring discredit

upon the profession including:

(a) Violating or attempting to violate the Code of Ethics;

(b) Undermining or attempting to undermine the Code of Ethics; (c) Knowingly assisting or inducing another Immigration Consultant to violate or attempt to violate the Code

of Ethics;

(d) Knowingly assisting or inducing another Immigration Consultant to undermine or attempt to undermine

any provision of the Immigration and Deportation Act No. 18 of 2010 as read with Statutory Instrument

(SI) Number 38 of 2013;

(e) Knowingly assisting or inducing a Client or a Client’s representative to violate or attempt to violate any

provision of the Immigration and Deportation Act No 18 of 2010 as read with Statutory Instrument (SI)

Number 38 of 2013;

(f) Misappropriating or otherwise dealing dishonestly with a Client’s or a third party’s money or property;

(g) Stating or implying an ability to influence improperly a government Agency or official;

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(h) Engaging in conduct that is prejudicial to the administration of justice;

(i) While minor errors and omissions do not constitute professional misconduct, a pattern of shoddy work

or unprofessional habits may amount to professional misconduct.

4. COMPETENCE AND QUALITY OF SERVICES

4.1 An Immigration Consultant owes the Client a duty to be competent to perform any services undertaken on

the Client’s behalf

4.2 An Immigration Consultant should serve the Client in a conscientious, diligent and efficient manner, and

should provide a quality of service at least equal to that which an Immigration Consultant generally is

expected to provide in a like situation.

4.3 An Immigration Consultant shall accept only assignments for which he or she is qualified and in which it is

believed there may be real benefits to the Client. An Immigration Consultant may recommend that other

professionals be retained whenever the Client may need their special knowledge and skills. In particular, the

Immigration Consultant has a sworn duty to refer a Client to a competent lawyer where the legal issues are

complex and require an analysis and interpretation of the applicable law by a lawyer, or where the matter

clearly requires representation by a lawyer.

4.4 An Immigration Consultant shall not undertake representation of the Client in any quasi-judicial proceeding

such as proceeding before the Court or Tribunal unless the Immigration Consultant has been certified by the

Authority as competent to do so.

4.5 An Immigration Consultant shall keep his or her knowledge and skills up to date in compliance with

Continuing Professional Development requirements established by the Association in consultation with the

Director-General of Immigration.

4.6 An Immigration Consultant shall act responsibly and with due diligence in the handling of a Client’s’ cases

and act within the bounds of the law to obtain the best results possible for the Client in the circumstances.

4.7 Conduct that does not meet the quality of services offered to a Client shall include, but without limitation, to

the following:

(a) Failure to keep the Client reasonably informed on the progress of the instructions;

(b) Failure to answer reasonable requests from the Client for information on given instructions;

(c) Unexplained failure to respond to a Client’s telephone calls or correspondence; (d) Failure to keep appointments with a Client without explanation or apology; (e) Informing the Client that something will happen or that some steps will be taken by a certain date,

then letting the date pass without follow-up information or explanation; (f) Failure to answer within a reasonable time any communication that requires a reply; (g) Doing the work in hand but doing it so belatedly that its value to the Client is diminished or lost; (h) Slipshod work such as mistakes or omissions in statements or documents prepared on behalf of

the Client; (i) Failure to maintain sufficient and proper reference materials, office staff, file management

procedures, or calendaring systems, and other systems and facilities adequate to the Immigration Consultant’s practices;

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(j) Withholding information from the Client or misleading the Client about the position of a matter in order to cover up the act of neglect or mistake;

(k) Failure to make a prompt and complete report when the work is completed or, if a final report cannot be made, failure to make an interim report where one might reasonably be expected;

(l) Engaging in self induced disability, for example from the use of intoxicants or drugs, that interferes with or prejudices the Immigration Consultant’s services to the Client.

4.8 An Immigration Consultant may permit an Employee to act only under the supervision of an Immigration

Consultant. The extent of supervision will depend on the type of matter, including the degree of

standardization and repetitiveness of the matter, and the experience of the employee generally with regard

to the matter in question. The burden rests on the Immigration Consultant who uses his or her Employee to

educate the latter concerning the duties that may be assigned to the Employee and then to supervise the

manner in which such duties are carried out. An Immigration Consultant should review his or her employee’s

work at sufficiently frequent intervals to enable the Immigration Consultant to ensure its proper and timely

completion.

4.9 An Immigration Consultant has a responsibility to adapt to changing professional requirements, standards,

techniques, and practices.

4.10 An Immigration Consultant should shall assume complete professional responsibility for all work entrusted to

him or her and should directly supervise employees to whom particular tasks and functions are delegated.

4.11 Where agents are utilized, the Immigration Consultant should shall ensure that all Agents are qualified for

the tasks undertaken. An Immigration Consultant shall be responsible for the acts or omissions of his or her

Agents. Agents must be made aware in writing of the requirements that the Client’s information be retained

in confidence.

4.12 If an Immigration Consultant utilizes an Agent, the Immigration Consultant is responsible for the activities of

the Agent. An Agent includes not only someone who assists the Immigration Consultant but someone who

directs Clients to an Immigration Consultant or co-markets with an Immigration Consultant.

4.13 An Immigration Consultant shall not employ or retain in any capacity having to do with the practice of

Immigration law an Immigration Consultant whose registration has been removed or suspended by the

Director General of Immigration or any Designated Professional Body or share office space or be Partner or

Associate with such a person.

4.14 An Immigration Consultant should seek guidance where needed from fellow colleagues so as to

appropriately safeguard both the Clients and the Profession.

4.15 An Immigration Consultant should avoid impugning the reputation of colleagues for personal motives;

however, subject to the duty of confidentiality, he or she should report to the appropriate authority any

unprofessional, illegal or unethical conduct by colleagues or others. Whenever possible, the Immigration

Consultant should request an explanation from this individual to assist the consultant in determining whether

there is any obligation to report this individual’s conduct. An Immigration Consultant should not be engaged

in professional misconduct or conduct unbecoming of an Immigration Consultant.

PART 2

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5. ADVISING CLIENTS

5.1 When advising a Client, an Immigration Consultant must be both honest and candid;

5.2 When advising a Client, an Immigration Consultant must exercise due care and must never knowingly assist in or encourage any dishonesty, provision of misleading information, omission of any required relevant information, fraud, crime or illegal conduct, or instruct the Client on how to violate the law and avoid punishment;

5.3 When advising a non-English speaking Client it is imperative that the Immigration Consultant makes every reasonable effort to engage the services of an interpreter when communicating with the Client;

5.4 An Immigration Consultant must advise the Client promptly and fully regarding an error or omission that has

occurred in the matter for which an Immigration Consultant was retained, that is or may be demanding to the Client and cannot be readily corrected. The duty includes recommending that the Client seeks independent advice regarding any rights that may arise out of the error or omission. An Immigration Consultant shall further advise the insurer promptly regarding any potential claim arising out of the matter;

5.5 An Immigration Consultant has a duty to give the Client competent advice based on sufficient knowledge of

the relevant facts, sufficient appreciation and consideration of the applicable law, operational policies and practices, and an Immigration Consultant’s own experience and expertise;

5.6 An Immigration Consultant should shall avoid overly bold and confident assurances to the Client, especially

when the Immigration Consultant’s employment may depend on advising in a particular way; 5.7 An Immigration Consultant must be aware of and refer Clients in appropriate circumstances to services or

benefits for which the Client may be eligible, such as legal aid or legal clinic services; 5.8 An Immigration Consultant should be on guard against becoming the tool or dupe of an unscrupulous Client,

Agent, or persons associated with a Client or Agent; 5.9 An Immigration Consultant must exercise due diligence to prevent the commission of an offence with

respect to any proceeding or application before the Director-General of Immigration.

PART 3

6. CONFIDENTIALITY

6.1 An Immigration Consultant has a duty to uphold in strict confidence any information concerning the personal and business affairs of the Client acquired during the course of their professional relationship, disclosure of such information is not permitted unless expressly or impliedly authorized by the Client;

6.2 An Immigration Consultant should shall ensure that employees and Agents maintain and preserve the

Clients’ confidential Information. An Immigration Consultant owes a duty of confidentiality to every Client whether to a casual or continuing Client. This duty survives the professional relationship and continues indefinitely even after the professional relationship has been terminated;

6.3 An Immigration Consultant is forbidden from ever using confidential information to his or her own benefit or advantage or, for the benefit of the third party, or to the disadvantage of the Client;

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6.4 Where the fees or the conflict with an Immigration Consultant is called into question, such a call to disclosure by the Client may only be permitted to the extent necessary to defend against such allegation;

6.5 An Immigration Consultant should shall avoid indiscreet conversation or gossip, and should shall not repeat gossip or information about a Client’s affairs, even though the Client is not named or otherwise identified.

PART 4

7. IMPARTIALITY AND CONFLICT OF INTEREST

7.1 An Immigration Consultant shall not represent parties with potentially conflicting interest in an Immigration matter, save after adequate disclosures to and with the consent of the parties, and shall not act or continue to act in a matter where there is or is likely to be a conflict of interest;

7.2 A conflicting interest is one that would likely affect adversely the Immigration Consultant’s judgment or advice on behalf of, or loyalty to a Client or prospective Client;

7.3 A conflict of interest may include among others, but is not limited to circumstances where the Immigration Consultant and his or her employees or family members have an undisclosed financial interest in a Client’s affairs, including the receipt of undisclosed commission, referral fees and or other real or potential benefits;

7.4 In the case of an investor category applicant or class Client where the Immigration Consultant may receive

referral fees or commissions from a Financial Institution or other company which may enter into an agreement with the Client, the Immigration Consultant shall make a disclosure that he or she may receive fees or commission and should encourage the Client to receive independent legal advice on any contract or agreement the Client may be entering into with the said Financial Institutional Company;

7.5 A conflict of interest or impartiality also exists where an Immigration Consultant acts for more than one

Client and must favour the interest of one Client to the material detriments of another;

7.6 An Immigration Consultant who practices in association with or in partnership with a lawyer is obligated to abide by the professional standards as outlined by the Code of Ethics.

PART 5 8. PRESERVATION OF CLIENT’S PROPERTY 8.1 An Immigration Consultant owes a duty to the Client to ensure the safe keeping of the Client’s property in

accordance with the law and with the same care of such property as a careful and prudent owner would when dealing with properties of like description;

8.2 It is generally improper for an Immigration Consultant to withhold from the Client immigration documents or

other valuable property held on behalf of the Client as collateral for unpaid debt in so far as it relates to Statutory Instrument 38 of 2013 and or as amended from time to time. With respect to the Client’s money paid on account of services to be rendered, or on account of disbursements, an Immigration Consultant should maintain a proper Client’s account and adequate record so that at any time an Immigration

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Consultant may properly account for the Client’s property or assets and if necessary deliver such property or assets to the Client.

PART 6 9. IMMIGRATION CONSULTANT AS ADVOCATE 9.1 When representing the Client before the Immigration Department, the Immigration Consultant should shall

resolutely and honourably, within the limits of the law, represent the Client’s interest while treating officers of the Immigration Department, with courtesy and respect.

PART 7

10. RETAINER AND FESS 10.1 It is a mandatory requirement that the Immigration Consultant provides the Client with a written retainer

agreement or engagement letter that clearly states the matter and scope of service(s) for which the Immigration Consultant is retained, fully disclose the fees and disbursement chargeabled, such fees being fair, reasonable in the circumstances and in line with the schedule approved by the Director General of Immigration, any other remuneration that has been received as a consequence of the matter and payment terms and conditions. The retainer agreement must disclose that the Immigration Consultant is registered by the Director General of Immigration and must provide electronic, telephonic, postal and physical addresses of the Client and the Immigration Consultant’s consulting company. A schedule of prescribed Consultancy Fees as approved by the Director-General of Immigration shall be attached to the retainer agreement;

10.2 An Immigration Consultant must shall not misappropriate any money or property of a Client held in trust or

otherwise under the Immigration Consultant’s control for the assignment, on account of fees of disbursement without the express or impelled authority of the Client;

10.3 An Immigration Consultant may shall not hold a Client’s money, for the benefit of a third party, except for

money to pay the Immigration Consultant’s fees, including Agent fees, Statutory Immigration fees and disbursements related thereto. For greater clarity, the prohibition on holding Client’s money applies to monies that the Client needs to apply for any permit(s). The Immigration Consultant shall ensure that Statutory Fees payable to the Immigration Department are made out to the Director General of Immigration by bank/manager’s cheque;

10.4 An Immigration Consultant must shall not misappropriate any monies or property of a Client held in trust or

otherwise under the Immigration Consultant’s control for the assignment, on account of fees of disbursement without the express or impelled authority of the Client;

10.6 Factors to be considered when determining whether a consultancy fee is fair and reasonable in the

circumstances include: the nature of the services to be performed and the time required;

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10.7 Contingency fees can may be appropriate, where the terms are fully disclosed in writing. Contingency fees can be appropriate, where the terms are fully disclosed in writing

10.8 Contingency fees can may be appropriate, where the terms are fully disclosed in writing and understood by

the Client; 10.9 An Immigration Consultant is not to hold money for a Client, aside from fees necessary to process the

Client’s application or filing fees for a proceeding. In particular, an Immigration Consultant must shall not take possession of money that the Clients are required to use when applying for permits unless otherwise authorized by the Client;

10.10 It is in keeping with the best traditions of the profession to provide services pro bono and to reduce or waive

a fee where there is hardship or poverty or the Client or prospective Client would otherwise be deprived of adequate professional advice and representation;

10.11 An Immigration Consultant must issue receipts, proper statement of account and retain proper records for

the safeguarding of, and timely reporting to the Client with respect to, payments received or funds held in trust;

10.11 Misunderstanding about fees and financial matters may bring the profession into disrepute. The

Immigration Consultant must shall try to avoid such conflicts and must be prepared to explain the basis of charges especially if the Client is unsophisticated or uninformed about the proper basis and measurement for fees. Furthermore, the Immigration Consultant is under a positive duty and should either in the retainer agreement or engagement letter, or upon an issue with respect to fees arising, advise the Client in writing that a procedure exists for reviewing the account on behalf of the Client by the Director-General of Immigration and the Association.

PART 8 11. WITHDRAWAL FROM REPRESENTATION 11.1 Obligatory withdrawal - An Immigration Consultant shall sever the Consultant/Client relationship or withdraw

as representative if::

(a) discharged by the Client

(b) instructed by the Client to do something illegal or in contravention of any Code of Ethics;

(c) the Immigration Consultant’s continued involvement will place the Immigration Consultant in a conflict of

interest; or

(d) The Immigration Consultant is not competent to handle the matter.

11.2 Optional withdraw - An Immigration Consultant may, but is not required to, sever the Consultant/Client

relationship or withdraw as representative if there has been a serious loss of confidence in the

Consultant/Client relationship or:

(a) the Client has deceived the Immigration Consultant;

(b) the Client has refused to give adequate instruction to the Immigration Consultant; or

(c) the Client has refused to accept and act upon the Immigration Consultant’s advice on a significant point;

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11.3 Residual right to withdraw - In situations not covered herein, an Immigration Consultant may sever the

Consultant/Client relationship or withdraw as representative only if the severance or withdrawal:

a) will not be unfair to the Client; and

b) is not done for an improper reason;

11.4 Unfairness to the Client will depend on the circumstances under which, but limited in consideration to

whether the severance or withdrawal will:

(a) occur at a stage in the proceedings where the Client retains another Immigration Consultant to do the same

work, or part of it again;

(b) leave the Client with insufficient time to retain another Immigration Consultant: and or

(c) give a retained Immigration Consultant insufficient time to prepare to represent the Client;

Improper purpose will depend on the circumstances under which, but not limited to, will include severance or

withdrawal:

(i) from any proceeding or application before the Director General of immigration, and

(ii) from assisting a Client in effecting an improper purpose.

11.5 Withdrawal for non-payment of fee - where, after reasonable notice, the Client fails to provide funds on

account of disbursements or fees, an Immigration Consultant may withdraw unless serious prejudice to the

Client would result;

11.6 Manner of withdrawal- when an Immigration Consultant withdraws, the Immigration Consultant should shall

try to minimize expenses and avoid prejudice to the Client and should do all that can reasonably be done to

facilitate the orderly transfer of the matter to a successor. Upon discharge or withdrawal, an Immigration

Consultant should:

(a) deliver to or to the order of the Client all papers and property to which the Client is entitled; (b) give the Client all information that may be required in connection with the case or matter; (c) account for all funds of the Client then held or previously dealt with, including the refunding of any

remuneration not earned during the representation; (d) promptly render an account for outstanding fees and disbursements; (e) co-operate with the successor succeeding Immigration Consultant so as to minimize expenses and avoid

prejudice to the Client; and (f) notify in writing the Director General of Immigration or other relevant Authorities that the Immigration

Consultant has withdrawn from representing a respective Client;

11.7 Duty of successor succeeding Immigration Consultant - Before agreeing to represent a Client, a successor succeeding Immigration Consultant should be satisfied that the former Immigration Consultant has withdrawn, or has been discharged by the Client.

PART 9

12. ADVERTISING, SOLICITATION AND MAKING SERVICES AVAILABLE

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12.1 An Immigration Consultant shall clearly distinguish his or her own credentials from those of a lawyer

licensed to practice law in Zambia, and shall not in any other way make representation that may reasonably

lead to a misapprehension that the Immigration Consultant is a lawyer, provides legal services or has

credentials as a lawyer when in fact not.

12,2 An Immigration Consultant or his or her Agent shall not engage in false or misleading advertising or representations. In particular, an Immigration Consultant or his /her Agent shall not misrepresent or mislead a Client as to his or her qualifications, services, fees available, programmes or benefits. In addition, an Immigration Consultant or his or her Agent shall not provide false or unrealistic expectations as to either result or processing times. Under no circumstances shall an Immigration Consultant or his or her Agent purport to have special access or influence with respect to the Director General of Immigration;

12.3 In all instances, advertising should be in good taste and is not such as one that can to bring the profession

or the Association into disrepute; 12.4 An Immigration Consultant shall not engage in false or misleading advertising or representations, in

particular regarding his or her qualifications purported special access or influence, services, fees, processing time, including, but not limited to, pictures with or letters received from employees or officials of the Zambian Government;

12.5 Use of the term “guarantee” when describing services or fees is inappropriate, and must be avoided.

Wording such as “refund policy” or reference to contingent fee arrangements, if factual and supported in writing in a retainer agreement or engagement letter, may be appropriate;

12.6 An Immigration Consultant has a positive duty to promote the Profession, the Code of Ethics and to prevent

unregulated practice, and is encouraged where appropriate to educate the public at large regarding the Code and the regulatory system and safeguards with respect to Immigration Consultants;

12.7 Former Government Officials currently working as Immigration Consultants must take special care to ensure

representation regarding their qualifications and past employment are strictly factual, and must not promote the notion that they may have special access or influence since any suggestion of special access or influence regarding the immigration process brings the integrity of the immigration process into disrepute. Furthermore, former Immigration Officials must abide and ensure that they are in compliance with the Government’s own post employment rules including the stipulations of Statutory Instrument Number 38 of 2013;

PART 10

13. OUTSIDE INTEREST

13.1 The term “Outside Interest” covers the widest range of activities such as, but not limited to: real estate

agent: mortgage broker; financial advisor; tax consultant; and accountant. Where the outside interest is not

related to the service provided as an Immigration Consultant, then there will likely be of no issue of

consequence. However, there will be a consequence where the outside interest compromises the

Immigration Consultant’s competency, either because of a conflict with a Client’s interest or because too

much time is spent on the “Outside interest” resulting in a lack of attention to or preparation in a particular

matter or in failure to maintain professional standards.

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13.2 An Immigration Consultant who engages in another profession, business, or occupation concurrently while acting as an Immigration Consultant shall not allow such outside interest to jeopardize his or her professional integrity, independence and competence.

PART 11

14. NON-DISCRIMINATION

14.1 No Client or anyone else with whom an Immigration Consultant interacts shall be discriminated against on

such grounds as age, gender, sexual orientation, same-sex partnership status, marital status, family status,

national or ethnic origin, ancestry, race, colour, religion, creed, citizenship, physical or mental disability,

political affiliation, or social economic status. This does not abrogate the Immigration Consultant’s right to

refuse to accept a Client for legitimate reasons;

14.2 An Immigration Consultant shall respect the dignity and integrity of an individual and ensure fair and

equitable treatment in all aspects of the provision of immigration services.

PART 12 – to be looked into!

15. ERRORS AND OMMISSIONS

15.1 Every Immigration Consultant shall maintain errors and omissions insurance in an amount as to be

prescribed by the Association from time to time;

15.2 An Immigration Consultant must advise the Client promptly and fully regarding any error or omission that

has occurred in the matter for which an Immigration Consultant was retained, that is or may be damaging to

the Client and cannot be readily corrected. The duty includes recommending that the Client seek

independent advice regarding any rights that may arise out of the error or omission. An Immigration

Consultant shall further advise his or her Insurer promptly regarding any potential claim arising out of the

matter where the same policy is applicable;

15.3 It is the responsibility of an Immigration Consultant to maintain the requisite minimum amount of errors and omissions insurance coverage. The Association does not establish the maximum insurance required by an Immigration Consultant. If an Immigration Consultant reasonably believes that more insurance coverage is needed, it is the obligation of that Immigration Consultant to obtain the necessary insurance.

PART 13

16. DISCIPLINARY AUTHORITY AND CONSEQUENCES FOR BREACH OF ETHICS AND DISCIPLINE 16.1 A Disciplinary Committee shall be established under this Code through the Association and its findings shall

be communicated to comprising of the Director-General of Immigration and one of his nominees and two

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representatives from the Association and any other member appointed by the Director General of

Immigration;

16.2 An Immigration Consultant is shall firstly be subject to the disciplinary authority of the Association and then

the Director-General of Immigration and the Association regardless of where the person’s conduct occurs

or where the person resides;

16.3 The Association Director General of Immigration through the its Disciplinary Committee and Association

shall discipline an Immigration Consultant for conduct unbecoming of an Immigration Consultant and

Professional Misconduct;

16.4 An Immigration Consultant who fails to comply with any of the provisions of this Code for Professional

Practice and Ethics, shall be subjected to disciplinary action. If the Immigration Consultant is found guilty,

the penalty prescribed in the Disciplinary Code shall be pronounced;

16.5 An Immigration Consultant subject to discipline, shall also be required to pay all or a portion of the costs

associated with the investigation and hearing of the disciplinary proceedings.

PART 14

17. REPONSIBILITY TO THE ASSOCIATION AND OTHERS

17.1 An Immigration Consultant shall immediately notify the Director General of Immigration, the Association and

Clients of any changes in contact details including, but not limited to, home and physical business,

telephone, facsimile and electronic addresses;

17.2 An Immigration Consultant shall reply promptly to any communication from the Director General and the

Association;

17.3 An Immigration Consultant shall not in the course of a professional practice send correspondence or otherwise communicate with a complainant, another Immigration Consultant, or any other person in a manner that is abusive, offensive or otherwise inconsistent with the proper tone of a professional communication as expected from an Immigration Consultant;

17.4 An Immigration Consultant shall not communicate with a complainant on a matter if the complainant has so

requested;

17.5 An Immigration Consultant shall act towards the Director-General of Immigration, his or her officers,

members of the Association with respect and dignity;

17.6 An Immigration Consultant shall not bring discredit upon the office of the Director General of Immigration

and the Association by acting in such a way as to undermine or threaten to undermine the mandate and/or

governing principles;

17.7 An Immigration Consultant shall not engage in electronic harassment by continuing to send unsolicited

email messages of an abusive, offensive, intrusive, unprofessional or unwanted nature to officers of the

Immigration Department, the Association, another Immigration Consultant or a member of the public where

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the recipient has expressly requested that the sender remove him/her from the sender’s list. Electronic

harassment is the act of harassing an internet user or group of users by sending the user or group of

persons unsolicited email messages of an abusive, offensive, intrusive, unprofessional or unwanted nature.

This form of harassment may also occur through the use of spam. Email spam targets individual users with

direct mail messages from address lists that are created by appropriating or stealing internet mailing lists or

be searching web pages, list servers and forums for addresses;

A message becomes harassment when the recipient has asked the sender to cease contact and the sender refuses or fails to honour the request of the recipient not to receive the electronic mail and or messaging in the future.