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CODE OF ETHICS
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This Code is a public statement of the
principles, values and behaviour expected of Members of the Institute.
1. COMPLIANCE WITH STANDARDS
Members shall at all times observe the
requirements of the Code of Ethics, the Rules of Conduct and the Practice
Standards and Guidance Notes of the Institute.
2. PROFESSIONAL DUTY
It is the duty of Members to render service to
their clients and employers with fidelity, to practise their vocation with
integrity, honour and professionalism, to act impartially and objectively when
providing independent advice, and to respect the public interest.
3. COMPETENCE
A Member shall not accept instructions in a
matter where, based on a reasonable objective standard, the Member does not have
the competence, skill and/or experience to complete the assignment to the
acceptable standard in accordance with this Code of Ethics, the Rules of Conduct
and the Practice Standards and Guidance Notes of the Institute, unless the
assignment is completed in conjunction with a qualified and suitably experienced
practitioner.
4. CONFLICT OF INTEREST
Members shall consider and identify an actual
or potential conflict of interest when carrying out their professional duties,
and shall not act in a matter where such conflict or potential conflict has been
identified by the Member or any other interested party unless all interested
parties have been made aware of the situation and have consented to the Member
continuing in the task.
5. CONFIDENTIALITY
Members must observe the requirements of
confidentiality in their dealings with clients and the public.
6. THE PROFESSION
Members shall at all times conduct business in
a manner befitting their profession and the Rules of Conduct of the Institute
and in accordance with reasonable public expectations of professional persons.
RULES OF CONDUCT
The Rules of Conduct are an interpretation and
expansion of the Code of Ethics or the Institute. These Rules are mandatory for
all Members.
Rule 1: Professional and Personal Conduct
- Members shall conduct their professional
duties and activities in a manner that reflects credit upon themselves and
their profession. High standards of competence, honesty, loyalty, integrity
and fairness shall be observed at all times.
- Members are bound by and agree to abide by
all Fundamentals Rules which include the Code of Ethics, Rules of Conduct,
Constitution, By-Laws, Practice Standards and compliance with Continuing
Professional Development (CPD) as adopted by the Institute.
- Members shall not accept an assignment
that is a contingent upon or influenced by any condition or requirement
for a predetermined result where the exercise of objective judgement is
required. Members shall maintain the strictest independence and
impartiality in undertaking their professional duties. To this end, no
Member shall:
- adopt the role of advocate in a case
where their duty is to exercise independence and impartiality;
- allow the performance of their
professional duties to be improperly influenced by the needs or
preferences of a client or other party;
- rely upon information supplied by a
client without appropriate qualification or confirmation from other
sources;
- act in any other way inconsistent with
the duties of independence and impartiality.
- Members shall not provide any advice or
make any statement without reasonable foundation unless it is
appropriately qualified or limited.
- Members shall not claim or present
professional qualifications which may be subject to erroneous
interpretations or which the do not possess.
- Members shall not accept instructions
beyond their competence; however, assignments may be undertaken in
conjunction with a person having the required competence after disclosure
to the client.
- Fees may be negotiated with a client on
any agreed basis that does not:
- infringe any statute, rule of conduct
or regulation;
- depend on the outcome of any valuation
or other independent objective advice.
- No Member shall pay by commission,
allowance or other benefit any person who may introduce clients to them
without appropriate disclosure.
- Members shall not accept payment or
favours from another party that may affect their relationship with a
client.
- A valuation shall not be performed by a Valuer without an inspection of the property
concerned. The inspection shall in all cases be sufficiently comprehensive
to enable the Member to complete the valuation in accordance with the
Practice Standards of the Institute.
- Members shall not reproduce any work or
reference prepared and presented by any other Member, person, body or
authority which creates the impression that it is their own.
- Members shall be fair and honest in any
public criticism of the Institute or fellow Members.
- Members shall include in reports
references to any relevant assumptions, conditions, requirements and
limitations arising from their instructions or inquiries, or imposed from
any other source.
- Members shall retain for as long as
legally required, adequate file notes which substantiate their opinions by
way of inquiry, objective comparison, deduction and calculation.
- Where information critical to the
assignment being undertaken is derived from external sources it must be
clearly identified in any related report or advice prepared by a Member
and appropriately acknowledged.
- Members shall accept full responsibility
for the content of their reports. Where the report relies on professional
opinion from outside experts, the degree of reliance must be indicated.
- Co-signatories to reports shall indicate
the extent of their involvement or the capacity in which they are signing.
- Members will fully cooperate with any
request for information or directive from the Institute where a complaint
has been lodged or where there is deemed to be a prima facie breach of the
Rules of Conduct.
- Members shall not maliciously or
carelessly do anything to injure, directly or indirectly, the reputation,
prospects or business of other Members.
- Instruction accepted by Members should
preferable be in writing by the member in sufficient detail to avoid any
misinterpretation. Any variations or extensions of the original
instructions should similarly be confirmed in writing.
- A Member who is convicted of an offence
involving dishonesty is in breach of these Rules of Conduct.
Rule 2: Conflict of Interest
Members shall not accept or carry out any
instruction here there may be or may reasonably be construed to be a conflict of
interest. Members shall withdraw from any instruction if a conflict of interest
arises or becomes known after an instruction has been accepted. An exception to
this rule is where the conflict of interested is disclosed to and accepted by
the party or parties.
- Where a conflict of interest arises or
could arise a Member shall promptly disclose the relevant facts to the
client and where appropriate:
- advise the client to obtain
independent professional advice;
- inform the client that neither the
Member nor the firm can act or continue to act for the client unless
the appointment or instruction is confirmed in writing acknowledging
the actual or potential conflict of interest; and
- disclose the matter in any relevant
document or report.
- Where conflict arises or could arise
between the interests of different clients of a Member of a firm or
company of which a Member is a partner director or employee, a Member
shall promptly disclose the relevant facts to the instructing client and
where appropriate:
- advise the client to obtain
independent professional advice;
- inform the client that neither the
Member nor the firm can act or continue to act for the client unless
the appointment or instruction is confirmed in writing acknowledging
the actual or potential conflict of interest; and
- disclose the matter in any relevant
document or report.
Rule 3: Client Relationships
- Members shall not disclose to any other
person or party any confidential information provided directly or
indirectly by client or to a client without the permission of the client
except where there is a legal requirement for disclosure or the
information is of public or common knowledge.
- Members shall conduct themselves in a
manner and demeanour that is neither detrimental to their profession nor
likely to lessen the confidence of clients or the public in the Institute
or profession.
- Member shall act promptly and efficiency
in the servicing of the client’s instructions.
- Members shall, in the case of unavoidable
delay, communicate to the client the progress being made in respect of the
instruction issued to the Member.
- Consistent with the duty of a Member to
preserve the confidentiality of a client’s affairs, a Member shall not
accept a retainer to act for another person in any action for proceedings
against or in conflict with the interests of the client.
Rule 4: Advertising
- Any advertisement by a Member must not
reflect adversely on the professional integrity of the Institute or its
Members.
- Members shall not include exaggerated or
false claims in any advertisement.
Rule 5: Reference to the Institute
- No Member or Members shall:
- purport to represent the views of the
Institute unless expressly authorised to do so;
- publicise the Institute or its Members
generally in terminology that has not either already appeared in an
advertisement by the Institute or received the approval of the
Institute.
Rule 6: Inducements for the Introduction of
Clients
- No Member shall invite instructions for work
except in accordance with the Rules.
- No Member shall directly or indirectly exert
undue pressure or influence on any persons, whether by the offer or
provision of any payment gift or favour or otherwise, for the purpose of
securing instructions for work, or accept instructions from any person where
there is reason to believe that undue pressure or influence may have been
exerted by a third party in expectation of receiving a reward for the
introduction
Rule 7: Departure Provisions
- Where a Member considers circumstances exist
that warrant departure from or non-compliance with any rule herein, the
Member’s report shall include a statement that outlines the reasons for
the departure or non-compliance and any impact on the content of the report.
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