PART 5 | DISCIPLINARY PROCEEDINGS, HEALTH COMMITTEE INQUIRIES AND PERFORMANCE ASSESSMENTS |
| Division 1 — Voluntary removal, suspension, etc. |
| Voluntary removal, suspension, etc. |
37.—(1) A registered allied health professional who believes that —| (a) | his or her fitness to practise is impaired by reason of his or her physical or mental condition; or | | (b) | the quality of the professional services provided by him or her does not meet the standard which is reasonable to expect of an allied health professional, |
| may request the Council to do one or more of the following: |
| (c) | to remove his or her name from the appropriate register; | | (d) | to suspend his or her registration in the appropriate register for a period of not more than 3 years; | | (e) | where the registered allied health professional is an allied health professional with full registration, to remove his or her name from the Register of Allied Health Professionals with Full Registration and register him or her as an allied health professional with restricted or conditional registration in the prescribed allied health profession in which he or she is registered and with appropriate conditions or restrictions, and section 17(2) and (3) or 18(4) to (9) (as the case may be) applies accordingly; | | (f) | where the registered allied health professional is registered in any register other than the Register of Allied Health Professionals with Full Registration, to impose appropriate conditions or restrictions on his or her registration; | | (g) | to suspend or cancel his or her practising certificate. |
| (2) Subject to this section, if the Council and the registered allied health professional agree in writing on the action to be taken under subsection (1), the Council may proceed with the agreed course of action. |
(3) The Council must not take any action under this section if —| (a) | it believes that there is evidence of any of the matters mentioned in section 39(1)(a) or (b); or | | (b) | proceedings have been commenced under Division 2 of this Part. |
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| (4) This section also applies where the Council has notified the registered allied health professional under section 39(3)(b), except that if the Council and the registered allied health professional are unable to agree on the course of action to be taken under subsection (1), the Council must proceed to refer the matter to the Chairperson of the Complaints Panel under section 39(3)(a). [S 23/2025] |
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| Division 2 — Complaints and commencement of inquiry |
| Appointment of Complaints Panel |
38.—(1) For the purpose of enabling Complaints Committees and Disciplinary Tribunals to be constituted in accordance with this Part, the Council must appoint a panel (called in this Act the Complaints Panel) consisting of —| (a) | a Chairperson and one or more Deputy Chairpersons, from among the members of the Council; | | (b) | at least 10 and not more than 100 members, who are registered allied health professionals each of whom has at least 10 years’ experience in the practice of a prescribed allied health profession and is not a member of the Council; and | | (c) | at least 6 and not more than 50 members, who are laypersons nominated by the Minister. |
| (2) The term of office of a member of the Complaints Panel mentioned in subsection (1)(a) expires at the end of his or her term of office as member of the Council. |
| (3) The term of office of a member of the Complaints Panel mentioned in subsection (1)(b) or (c) is to be determined by the Council and must not exceed 2 years; and any such member is eligible for re‑appointment. |
| (4) The Council may at any time remove from office any member of the Complaints Panel mentioned in subsection (1)(a), (b) or (c) or fill any vacancy in its membership. |
| (5) Any member of the Complaints Panel who is employed in the Ministry of Health is not disqualified from being a member of any Complaints Committee, Disciplinary Tribunal, Health Committee or Interim Orders Committee by reason only that he or she is so employed. |
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| Complaints against registered allied health professionals, etc. |
39.—(1) Any —| (a) | complaint touching on the conduct of a registered allied health professional in his or her professional capacity or on his or her improper act or conduct which brings disrepute to his or her profession; | | (b) | information on the conviction of a registered allied health professional of any offence in Singapore or elsewhere involving fraud or dishonesty, or implying a defect in character which makes him or her unfit for his or her profession; | | (c) | complaint that the professional services provided by a registered allied health professional is not of the quality which is reasonable to expect of him or her; or | | (d) | information touching on the physical or mental fitness to practise of a registered allied health professional, |
| must be made or referred to the Council in writing and supported by such statutory declaration as the Council may require, except that no statutory declaration is required if the complaint or information is made or referred by any public officer or by the Council. |
| (2) The Council must refer every complaint or information, other than a complaint or information touching on the matters mentioned in section 26, to the Chairperson of the Complaints Panel. |
(3) The Council may, on its own motion —| (a) | make a complaint or refer any information on a registered allied health professional to the Chairperson of the Complaints Panel if it believes that there is evidence of any of the matters mentioned in subsection (1); or | | (b) | notify the registered allied health professional and proceed under section 37(1)(c) to (g) if it believes that there is evidence of any of the matters mentioned in subsection (1)(c) or (d) and the registered allied health professional agrees thereto in writing. |
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| (4) Despite subsections (2) and (3), where a registered allied health professional has been convicted in Singapore or elsewhere of an offence implying a defect in character which makes him or her unfit for his or her profession, the Council may immediately refer the matter to a Disciplinary Tribunal under section 50. |
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| Appointment of Complaints Committees |
40.—(1) The Chairperson of the Complaints Panel may appoint one or more committees each comprising 3 members of the Complaints Panel mentioned in section 38(1)(b) and (c) —| (a) | 2 of whom must be registered allied health professionals who are registered in the same allied health profession as the registered allied health professional being complained against; and | | (b) | one of whom must be a layperson, |
| to be known for the purposes of this Act as Complaints Committees, to inquire into any complaint or information mentioned in section 39(1). |
| (2) The Chairperson of the Complaints Panel must appoint one of the 2 registered allied health professionals mentioned in subsection (1)(a) to be the chairperson of the Complaints Committee. |
| (3) A Complaints Committee may be appointed in connection with one or more matters or for such fixed period of time as the Chairperson of the Complaints Panel may think fit. |
| (4) The Chairperson of the Complaints Panel may at any time revoke the appointment of a Complaints Committee or may remove any member of a Complaints Committee or fill any vacancy in a Complaints Committee. |
| (5) No act done by or under the authority of a Complaints Committee is invalid in consequence of any defect that is subsequently discovered in the appointment or qualification of the members or any of them. |
| (6) All the members of a Complaints Committee must be present to constitute a quorum for a meeting of the Complaints Committee. |
| (7) Despite subsection (6), any resolution or decision in writing signed by all the members of a Complaints Committee is as valid and effectual as if it had been made or reached at a meeting of the Complaints Committee where all its members were present. |
| (8) A Complaints Committee may meet for the purposes of its inquiry, adjourn and otherwise regulate the conduct of its inquiry as its members may think fit. |
| (9) The chairperson of a Complaints Committee may at any time summon a meeting of the Complaints Committee. |
| (10) All members of a Complaints Committee present at a meeting thereof must vote on any question arising at the meeting and that question is to be determined by a majority of votes and, in the case of an equality of votes, the chairperson has a casting vote. |
| (11) A member of a Complaints Committee, despite having ceased to be a member of the Complaints Panel on the expiry of his or her term of office, is deemed to be a member of the Complaints Panel until such time as the Complaints Committee has completed its work. |
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| Referral to Complaints Committee, etc. |
41.—(1) Where any complaint or information mentioned in section 39(1)(a), (b) or (c) is made or referred by the Council to the Chairperson of the Complaints Panel, the Chairperson of the Complaints Panel must lay the complaint or information before a Complaints Committee.(2) Where any information mentioned in section 39(1)(d) is referred by the Council to the Chairperson of the Complaints Panel, the Chairperson of the Complaints Panel must —| (a) | if he or she is satisfied, based on any evidence given in support of the information, that a formal inquiry is necessary to determine the physical or mental fitness of the registered allied health professional to practise — refer the information to a Health Committee; or | | (b) | in any other case — lay the information before a Complaints Committee. |
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| Commencement of inquiry by Complaints Committee |
42.—(1) A Complaints Committee must, within 2 weeks of its appointment, commence its inquiry into any complaint or information, or any information or evidence mentioned in section 44(5), and complete its inquiry not later than 3 months after the date the complaint or information is laid before the Complaints Committee.| (2) Where a Complaints Committee is of the opinion that it will not be able to complete its inquiry within the period specified in subsection (1) due to the complexity of the matter or serious difficulties encountered by the Complaints Committee in conducting its inquiry, the Complaints Committee may apply in writing to the Chairperson of the Complaints Panel for an extension of time to complete its inquiry and the Chairperson may grant such extension of time to the Complaints Committee as he or she thinks fit. |
| (3) For the purposes of an inquiry, a Complaints Committee may appoint one or more investigators in accordance with section 69 to investigate the complaint or information, and the investigator may exercise any one or more of the powers under that section in carrying out his or her functions and duties under this Part. |
(4) A Complaints Committee must —| (a) | if it is unanimously of the opinion that the complaint or information is frivolous, vexatious, misconceived or lacking in substance — make an order under section 49(1)(i); | | (b) | if it is unanimously of the opinion that no investigation is necessary —| (i) | issue a letter of advice to the registered allied health professional; or | | (ii) | refer the matter for mediation between the registered allied health professional and the complainant; or |
| | (c) | in any other case — direct one or more investigators to carry out an investigation and make a report to it under section 48. |
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43.—(1) In referring a matter for mediation under section 42(4)(b)(ii), the Complaints Committee may order the personal attendance of the complainant and the registered allied health professional before a mediator specified by the Complaints Committee.| (2) The mediator must submit a report to the Complaints Committee on the outcome of the mediation. |
| (3) If the complainant refuses or fails, without reasonable cause, to comply with the order under subsection (1), the Complaints Committee may dismiss the matter. |
| (4) If the registered allied health professional refuses or fails, without reasonable cause, to comply with the order under subsection (1), the Complaints Committee may proceed to issue a letter of advice under section 42(4)(b)(i) or make a direction under section 42(4)(c). |
| (5) If for any reason the mediation does not take place or the matter is not amicably resolved through mediation, the Complaints Committee or another Complaints Committee appointed in its place may issue a letter of advice under section 42(4)(b)(i) or make a direction under section 42(4)(c) as it thinks fit. |
(6) Where the matter is amicably resolved through mediation, the Complaints Committee or another Complaints Committee appointed in its place may —| (a) | discontinue the matter; or | | (b) | make such other order under section 49(1) as it thinks fit. |
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44.—(1) An investigator directed under section 42(4)(c) to investigate any complaint or information must, if the investigator is of the opinion that the registered allied health professional should be called upon to answer any allegation made against him or her, give written notice of the complaint or information to him or her.(2) A notice under subsection (1) must —| (a) | include copies of any complaint or information and of any statutory declaration or affidavit that have been made in support of the complaint or information; and | | (b) | invite the registered allied health professional, within such period (being not less than 21 days from the date of the notice) as may be specified in the notice, to give to the investigator any written explanation he or she may wish to offer. |
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(3) In the course of investigations, the Complaints Committee may authorise the investigator in writing to —| (a) | in the case of a complaint mentioned in section 39(1)(c) — obtain the consent of the registered allied health professional to undergo a performance assessment in accordance with the provisions of Division 3; and | | (b) | in the case of information mentioned in section 39(1)(d) — obtain the consent of the registered allied health professional to submit to a fitness assessment in accordance with the provisions of Division 3, |
| and the registered allied health professional must respond within such reasonable time as the investigator may, in the notice, specify. |
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(4) If the registered allied health professional —| (a) | declines to undergo a performance or fitness assessment requested under subsection (3); | | (b) | having agreed to undergo such an assessment, subsequently fails to participate in the assessment or refuses to cooperate with the assessors; or | | (c) | does not respond to the notice within the time specified in subsection (3), |
| the investigator must make a report to the Complaints Committee under section 48 and the Complaints Committee may proceed with the inquiry and make such order as it deems fit under section 49(1) or (2). |
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(5) Where, in the course of an investigation, an investigator receives information touching on, or obtains evidence of, the conduct, physical or mental fitness, or professional performance —| (a) | of the registered allied health professional concerned, which is outside the subject matter of the complaint or information referred to the investigator; or | | (b) | of a registered allied health professional other than the registered allied health professional concerned, |
| which may give rise to proceedings under this Part, the investigator must make a report of this to the Complaints Committee under section 48. |
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(6) On receiving a report under subsection (5), the Complaints Committee must —| (a) | if it is unanimously of the opinion that the complaint or information is frivolous, vexatious, misconceived or lacking in substance, make an order under section 49(1)(i); or | | (b) | if it believes there is evidence of any of the matters mentioned in section 39(1) —| (i) | direct one or more investigators to carry out an investigation and make a report to it under section 48; or | | (ii) | refer the matter to the Chairperson of the Complaints Panel and the Chairperson must act in accordance with section 41 by referring the complaint or information to a Health Committee or laying it before a different Complaints Committee, as the case may be. |
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| Division 3 — Performance and fitness assessments |
45.—(1) If the registered allied health professional agrees to undergo a performance assessment under section 44(3)(a), the quality of professional services provided by him or her must be assessed by a Performance Assessment Panel appointed by the Complaints Committee and comprising one or more suitably qualified persons as the Complaints Committee may determine.(2) The Performance Assessment Panel must carry out the performance assessment in accordance with —| (a) | the provisions of this Division; | | (b) | the practice and procedure as the Council may determine; and | | (c) | such instructions as the Complaints Committee may issue. |
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(3) The registered allied health professional under assessment must, if required by the Performance Assessment Panel —| (a) | produce to the Panel or give the Panel access to any record or other document specified by the Panel or any record or other document which is of a class or description so specified and which is in his or her possession or under his or her control, being in either case a record or other document which the Panel reasonably believes is or may be relevant to the performance assessment, within such time and at such place as the Panel may reasonably require; | | (b) | give to the Panel such explanation or further particulars in respect of anything produced in compliance with a requirement under paragraph (a) as the Panel may specify; and | | (c) | give to the Panel all assistance in connection with the performance assessment which he or she is reasonably able to give. |
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| (4) Where any information or matter relevant to a performance assessment is recorded otherwise than in a legible form, the power of a Performance Assessment Panel to require the production of any record or other document conferred under subsection (3)(a) includes the power to require the production of a reproduction of any such information or matter or of the relevant part of it in a legible form. |
| (5) A Performance Assessment Panel may inspect, examine, make copies of or take any abstract of or extract from any record or document produced under subsection (3)(a) or (4). |
| (6) The Performance Assessment Panel must give a report of the assessment to the Complaints Committee and, with the approval of the Complaints Committee, the registered allied health professional. |
| (7) The Complaints Committee, or the investigator with the approval of the Complaints Committee, may discuss the report with the registered allied health professional under assessment and, in the case of an adverse finding in the report, the possible ways of dealing with that finding. |
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46.—(1) If the registered allied health professional agrees to submit to a fitness assessment under section 44(3)(b), his or her fitness to practise the prescribed allied health profession by reason of his or her physical or mental condition must be assessed by a Fitness Assessment Panel appointed by the Complaints Committee and comprising one or more suitably qualified persons as the Complaints Committee may determine.(2) The Fitness Assessment Panel must carry out the fitness assessment in accordance with —| (a) | the provisions of this Division; | | (b) | the practice and procedure as the Council may determine; and | | (c) | such instructions as the Complaints Committee may issue. |
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| (3) The Fitness Assessment Panel must submit a report of the assessment to the Complaints Committee and, with the approval of the Complaints Committee, provide a copy of the report to the registered allied health professional. |
| (4) The Complaints Committee, or the investigator with the approval of the Complaints Committee, may discuss the report with the registered allied health professional under assessment and, in the case of an adverse finding in the report, the possible ways of dealing with that finding. |
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| Confidentiality of information |
47.—(1) A person to whom this section applies is not compellable in any proceedings to give evidence in respect of, or to produce any document containing any information which has been obtained in the course of, a performance or fitness assessment except in the case of the following:| (a) | an inquiry by a Complaints Committee, a Disciplinary Tribunal, a Health Committee or an Interim Orders Committee; or | | (b) | a prosecution for a criminal offence. |
(2) A person to whom this section applies must not disclose any information contained in any document that may have come to his or her knowledge in the course of a performance or fitness assessment unless the disclosure is made —| (a) | under or for the purpose of administering and enforcing this Act or the Infectious Diseases Act 1976; or | | (b) | for any other purpose with the consent of the person to whom the information relates. |
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(3) This section applies to —| (a) | a member of a Performance or Fitness Assessment Panel; | | (b) | an investigator mentioned in section 42(4)(c) or 44(6)(b)(i); | | (c) | a member of a Complaints Committee, Disciplinary Tribunal, Health Committee or an Interim Orders Committee; and | | (d) | a member, an officer or an agent of the Council. |
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| Division 4 — Powers after investigation |
| Investigation report and deliberation by Complaints Committee |
48.—(1) Upon completing an investigation into any complaint or information, the investigator must submit a report on the findings of the investigation to the Complaints Committee for its deliberation.(2) The report mentioned in subsection (1) must include —| (a) | any written explanation given by the registered allied health professional after receiving a notice under section 44(1); | | (b) | any assessment report made under Division 3, if a performance or fitness assessment was undertaken; and | | (c) | any recommendation on the necessity or otherwise of a formal inquiry by a Disciplinary Tribunal or Health Committee. |
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(3) A person must not disclose the contents of the investigation report or any information contained in any document which was obtained in the course of an investigation or inquiry commenced under this Part to any other person, including the registered allied health professional, except —| (a) | where the Complaints Committee in its absolute discretion thinks otherwise; or | | (b) | where such disclosure is required for the purpose of administering and enforcing this Act or the Infectious Diseases Act 1976. |
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| (4) The Complaints Committee may, in the course of its deliberations and before it reaches a decision, seek such legal advice as it thinks necessary. |
| (5) The registered allied health professional concerned does not have the right to be heard by the Complaints Committee, whether in person or by counsel, unless the Complaints Committee in its absolute discretion otherwise allows. |
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| Findings of Complaints Committee |
49.—(1) After deliberation of the investigation report and any recommendation of an investigator made under section 48, and upon due inquiry into the complaint or information (including any information or evidence mentioned in section 44(5)), a Complaints Committee may, if it is of the view that no formal inquiry by a Disciplinary Tribunal or Health Committee is necessary, do one or more of the following:| (a) | issue a letter of advice to the registered allied health professional; | | (b) | issue a letter of warning to the registered allied health professional; | | (c) | order that the registered allied health professional seek and undergo medical or psychiatric treatment or counselling; | | (d) | order that the registered allied health professional undertake and complete specified further education or training within a specified period; | | (e) | order that the registered allied health professional report on the status of the fitness of his or her physical or mental condition or on the status of his or her practice at such times, in such manner and to such persons as the Complaints Committee may specify; | | (f) | order that the registered allied health professional seek and take advice, in relation to the management of his or her practice, from such persons as the Complaints Committee may specify; | | (g) | by agreement with the registered allied health professional —| (i) | order the Registrar to remove the name of the registered allied health professional from the appropriate register; | | (ii) | suspend the registration of the registered allied health professional from the appropriate register for a period not exceeding 3 years; | | (iii) | where the registered allied health professional is an allied health professional with full registration — order the Registrar to remove his or her name from the Register of Allied Health Professionals with Full Registration and register him or her as an allied health professional with restricted or conditional registration in the prescribed allied health profession in which he or she is registered and with appropriate conditions or restrictions, and section 17(2) and (3) or 18(4) to (9) (as the case may be) applies accordingly; | | (iv) | where the registered allied health professional is registered in any register other than the Register of Allied Health Professionals with Full Registration — impose appropriate conditions or restrictions on his or her registration; or | | (v) | order that his or her practising certificate be suspended or cancelled; |
| | (h) | refer the matter for mediation between the registered allied health professional and the complainant; | | (i) | order that the complaint or matter be dismissed; | | (j) | make such other order as it thinks fit. |
(2) Where a Complaints Committee determines that a formal inquiry is necessary, it may order —| (a) | that an inquiry be held by a Health Committee if the complaint, information or evidence touches on the physical or mental fitness of the registered allied health professional to practise; or | | (b) | that a formal inquiry be held by a Disciplinary Tribunal. |
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| (3) Where a Complaints Committee has made an order under subsection (2) or (6) for a formal inquiry to be held by a Disciplinary Tribunal or Health Committee, the Council must appoint a Disciplinary Tribunal or Health Committee (as the case may be) to hear and investigate the complaint or matter. |
| (4) Where a Complaints Committee has decided to issue a letter of advice, the chairperson of the Complaints Committee must issue the letter of advice in such terms as it thinks fit. |
| (5) Where a Complaints Committee has referred the matter for mediation, section 43 applies with the necessary modifications and references in section 43(4) and (5) to section 42(4)(b)(i) or (c) are to be read as references to section 49(1) or (2), respectively. |
| (6) Where the registered allied health professional in respect of whom an order is made under subsection (1)(c), (d), (e) or (f) is found by a Complaints Committee (whether it is the Complaints Committee that made the order or another Complaints Committee appointed in its place) to have failed to comply with any of the requirements imposed on him or her, the Complaints Committee may, if it thinks fit, order that a formal inquiry be held by a Disciplinary Tribunal or Health Committee (as the case may be) in respect of the complaint, information or evidence. |
| (7) Where, in the course of an inquiry, a Complaints Committee receives information touching on, or evidence of, the conduct of the registered allied health professional concerned which discloses an offence under any written law, the Complaints Committee must record the information and report it to the Council. |
(8) Where the complainant withdraws his or her complaint before —| (a) | it is referred to a Complaints Committee, Disciplinary Tribunal or Health Committee under this section; or | | (b) | the conclusion of the inquiry by a Complaints Committee, Disciplinary Tribunal or Health Committee, |
| the Council may, despite the withdrawal, refer the complaint to or direct a Complaints Committee, Disciplinary Tribunal or Health Committee to continue the inquiry (as the case may be) and the Chairperson of the Complaints Panel, or the Complaints Committee, Disciplinary Tribunal or Health Committee (as the case may be) must comply with such direction as if the complaint had been made by the Council. |
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| (9) A Complaints Committee must notify the registered allied health professional concerned and the person who made the complaint or referred the information under section 39(1) of its decision under subsection (1) or (2) and, if it makes an order under subsection (1), the reason for making the order. |
| (10) A registered allied health professional who is aggrieved by any order of a Complaints Committee under subsection (1) may, within 30 days of being notified of the determination of the Complaints Committee, appeal to the Minister whose decision is final. |
| (11) If the person who made the complaint or referred the information to the Council is dissatisfied with any order of a Complaints Committee under subsection (1), he or she may, within 30 days of being notified of the determination of the Complaints Committee, appeal to the Minister whose decision is final. |
| (12) If the Council is dissatisfied with any order of a Complaints Committee under subsection (1) in a case where a complaint is made on any matter or information is referred to the Chairperson of the Complaints Panel under subsection (8) or section 37(4), 39(3)(a) or 44(6), the Council may, within 30 days after being notified of the determination of the Complaints Committee, appeal to the Minister whose decision is final. |
(13) The Minister may, after considering the appeal, make —| (a) | an order affirming the determination of a Complaints Committee; | | (b) | an order directing a Complaints Committee to immediately appoint one or more investigators for the purposes of carrying out an investigation under section 42(4)(c); | | (c) | an order directing the Council to —| (i) | immediately appoint a Disciplinary Tribunal to hear and investigate the complaint or matter; or | | (ii) | order that an inquiry into such matter be held by a Health Committee; or |
| | (d) | such other order as the Minister thinks fit. |
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| (14) Every Complaints Committee must immediately report to the Council its findings and the order or orders made. |
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| Division 5 — Disciplinary Tribunals |
50.—(1) The Council may from time to time appoint one or more Disciplinary Tribunals, each comprising —| (a) | a chairperson, from a panel appointed by the Minister, who is —| (i) | a registered allied health professional who has practised for at least 15 years in the same prescribed allied health profession as that which the registered allied health professional being complained against is registered in; | | (ii) | a person who has at any time held office as a Supreme Court Judge or a Judicial Commissioner; or | | (iii) | a person who has had —| (A) | an aggregate of at least 15 years’ standing as an advocate and solicitor; | | (B) | an aggregate of at least 15 years of full‑time employment as a Judicial Service Officer or Legal Service Officer (or both); or [Act 33 of 2021 wef 14/01/2022] | | (C) | any combination of standing mentioned in sub‑paragraph (A) and employment mentioned in sub‑paragraph (B) which in the aggregate is not less than 15 years; |
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| | (b) | a registered allied health professional from among members of the Complaints Panel, who has practised for at least 10 years in the same prescribed allied health profession as that which the registered allied health professional being complained against is registered in; | | (c) | a member who is —| (i) | where the chairperson is a registered allied health professional, either —| (A) | another registered allied health professional as described in paragraph (b); or | | (B) | a person described in paragraph (a)(ii) or (iii); or |
| | (ii) | where the chairperson is a person described in paragraph (a)(ii) or (iii), another registered allied health professional as described in paragraph (b); and |
| | (d) | where the chairperson is a registered allied health professional and the member mentioned in paragraph (c)(i) is that described in sub‑paragraph (A) of that paragraph, one observer from among members of the Complaints Panel who is a layperson, |
| to inquire into any matter in respect of which a Complaints Committee has under section 49(2)(b) ordered that a formal inquiry be held, any matter which it is directed to hear and investigate under section 49(13)(c), or any matter referred to the Disciplinary Tribunal under section 39(4). |
[40/2019] | (2) Despite subsection (1), if, in the Minister’s opinion, it is inexpedient, difficult or impracticable to make an appointment under subsection (1)(a)(i), (b) or (c)(i)(A) or (ii) because of the requirement that the appointee must have practised for at least 15 or 10 years (as the case may be) in the same prescribed allied health profession as that which the registered allied health professional being complained against is registered in, the Minister may appoint a registered allied health professional who has practised in that profession for less than those number of years. |
(3) Despite subsection (1), if, in the Minister’s opinion, due to the nature of the issues likely to be raised at the inquiry, it is unnecessary for the chairperson under subsection (1)(a)(i) or a member under subsection (1)(b) or (c)(i)(A) or (ii) to have practised in the same prescribed allied health profession as that which the registered allied health professional being complained against is registered in, the Minister may appoint —| (a) | a registered allied health professional from another prescribed allied health profession; or | | (b) | a person permitted under any other written law to practise in any other healthcare profession in Singapore, |
| who has practised in that other profession for any number of years, as the chairperson or member. |
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| (4) A member of a Complaints Committee inquiring into any matter concerning a registered allied health professional must not be a member of a Disciplinary Tribunal inquiring into the same matter. |
| (5) The observer appointed under subsection (1)(d) must not vote on any question or matter to be decided by the Disciplinary Tribunal and need not be present at every meeting of the Disciplinary Tribunal. |
| (6) A Disciplinary Tribunal may be appointed in connection with one or more matters or for a fixed period of time as the Council may think fit. |
| (7) The Council may at any time revoke the appointment of a Disciplinary Tribunal or may remove any member of a Disciplinary Tribunal or fill any vacancy in a Disciplinary Tribunal. |
| (8) Without limiting subsection (7), where, after a Disciplinary Tribunal has commenced the hearing and investigation of a matter, any member of the Disciplinary Tribunal is unable through death, illness or any other cause to continue with the hearing and investigation of the matter, the Council may fill the vacancy or appoint another Disciplinary Tribunal to continue the hearing and investigation of the matter. |
(9) The Disciplinary Tribunal so reconstituted or appointed under subsection (8) —| (a) | may, with the consent of the Council and the registered allied health professional being complained against and who is represented by counsel, continue with the hearing as if the Disciplinary Tribunal had not been reconstituted or appointed, and when so hearing the Disciplinary Tribunal must have regard to the evidence given, the arguments adduced and any orders made during the proceedings before the previous Disciplinary Tribunal; and | | (b) | must, in any other case, hear and investigate the matter afresh. |
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| (10) The production of any written instrument purporting to be signed by the Council and making an appointment, revocation or removal under this section is evidence that the appointment, revocation or removal has been duly made. |
| (11) Every member of a Disciplinary Tribunal appointed under subsection (1) must be paid such remuneration as the Council may determine. |
| (12) No act done by or under the authority of a Disciplinary Tribunal is invalid in consequence of any defect that is subsequently discovered in the appointment or qualification of the members or any of them. |
| (13) Subject to subsection (5), all members of a Disciplinary Tribunal must be personally present at any meeting thereof to constitute a quorum for the transaction of any business. |
(14) Subject to subsection (5), all members of a Disciplinary Tribunal present at any meeting thereof must vote on any question arising at the meeting and that question is to be determined by a majority of votes and, in the case of an equality of votes —| (a) | where the chairperson is a registered allied health professional — the chairperson has a casting vote; or | | (b) | where the chairperson is a person described in subsection (1)(a)(ii) or (iii) — the question must be resolved in favour of the registered allied health professional concerned. |
|
|
| Proceedings of Disciplinary Tribunal |
51.—(1) A Disciplinary Tribunal is to meet from time to time to inquire into a matter referred to it by the Council and may regulate its own procedure.| (2) A member of a Disciplinary Tribunal, despite having ceased to be a member of the Complaints Panel or a panel mentioned in section 50(1)(a) on the expiry of his or her term of office, continues to be a member of the Disciplinary Tribunal until such time as the Disciplinary Tribunal has completed its work. |
| (3) The registered allied health professional concerned may appear in person or be represented by counsel. |
| (4) A Disciplinary Tribunal is not bound to act in a formal manner and is not bound by the provisions of the Evidence Act 1893 or by any other law relating to evidence but may inform itself on any matter in such manner as it thinks fit. |
| (5) A Disciplinary Tribunal may, for the purposes of any proceedings before it, administer oaths, and any party to the proceedings may take out a subpoena to testify or a subpoena to produce documents. |
| (6) A subpoena under subsection (5) must be served and may be enforced as if it were an order to attend court or an order to produce documents issued in connection with a civil action in the General Division of the High Court. [40/2019] [Act 25 of 2021 wef 01/04/2022] |
| (7) A person giving evidence before a Disciplinary Tribunal is legally bound to tell the truth. |
| (8) A witness has the same privileges and immunities in relation to hearings before a Disciplinary Tribunal as if those hearings were proceedings in a court of law. |
| (9) A Disciplinary Tribunal must carry out its work expeditiously and may apply to the Council for an extension of time and for directions to be given to the Disciplinary Tribunal if the Disciplinary Tribunal fails to make its finding and order within 6 months from the date of its appointment. |
| (10) When an application for extension of time has been made under subsection (9), the Council may grant an extension of time for such period as it thinks fit. |
| (11) In sections 172, 173, 174, 175, 177, 179, 182 and 228 of the Penal Code 1871, “public servant” is deemed to include a member of a Disciplinary Tribunal taking part in any investigation under this section, and in sections 193 and 228 of the Penal Code 1871, “judicial proceeding” is deemed to include any such investigation. |
|
| Referral and transfer of cases to Health Committee |
52.—(1) Where, in the course of inquiring into the case of a registered allied health professional, it appears to a Disciplinary Tribunal that his or her fitness to practise may be impaired by reason of his or her physical or mental condition, the Disciplinary Tribunal may refer that question to a Health Committee for determination.| (2) If, on a referral under this section, the Health Committee determines that the fitness of the registered allied health professional to practise is not impaired by reason of his or her physical or mental condition, the Health Committee must certify its opinion to the Disciplinary Tribunal. |
(3) If, on a referral under this section, the Health Committee determines that the fitness of the registered allied health professional to practise is impaired by reason of his or her physical or mental condition, the Health Committee must —| (a) | certify its opinion to the Disciplinary Tribunal; and | | (b) | proceed to dispose of the case in accordance with section 58, |
| and the Disciplinary Tribunal ceases to exercise its function in relation to the case. |
|
|
| Findings of Disciplinary Tribunal |
53.—(1) Where a registered allied health professional is found by a Disciplinary Tribunal —| (a) | to have been convicted in Singapore or elsewhere of any offence involving fraud or dishonesty; | | (b) | to have been convicted in Singapore or elsewhere of any offence implying a defect in character which makes him or her unfit for his or her profession; | | (c) | to have been guilty of such improper act or conduct which, in the opinion of the Disciplinary Tribunal, brings disrepute to his or her profession; | | (d) | to have been guilty of professional misconduct; or | | (e) | to have failed to provide professional services of the quality which is reasonable to expect of him or her, |
| the Disciplinary Tribunal may exercise one or more of its powers under subsection (2). |
(2) For the purposes of subsection (1), the Disciplinary Tribunal may —| (a) | by order direct the Registrar to remove the name of the registered allied health professional from the appropriate register; | | (b) | by order suspend the registration of the registered allied health professional in the appropriate register for a period of at least 3 months and not more than 3 years; | | (c) | where the registered allied health professional is an allied health professional with full registration, by order direct the Registrar to remove his or her name from the Register of Allied Health Professionals with Full Registration and register him or her as an allied health professional with restricted or conditional registration in the prescribed allied health profession in which he or she is registered and with appropriate conditions or restrictions, and section 17(2) and (3) or 18(4) to (9) (as the case may be) applies accordingly; | | (d) | where the registered allied health professional is registered in any register other than the Register of Allied Health Professionals with Full Registration, by order impose appropriate conditions or restrictions on his or her registration; | | (e) | by order impose on the registered allied health professional a penalty not exceeding $50,000; | | (f) | by writing censure the registered allied health professional; | | (g) | by order require the registered allied health professional to give such undertaking as the Disciplinary Tribunal thinks fit to abstain in future from the conduct complained of; or | | (h) | make such other order as the Disciplinary Tribunal thinks fit, including any order that a Complaints Committee may make under section 49(1). |
|
| (3) In any proceedings instituted under this Part against a registered allied health professional consequent upon his or her conviction for a criminal offence, a Disciplinary Tribunal and the General Division of the High Court on appeal from any order of a Disciplinary Tribunal are to accept his or her conviction as final and conclusive. [40/2019] |
| (4) Where a registered allied health professional is not found by a Disciplinary Tribunal to have been convicted or guilty of any matter mentioned in subsection (1), the Disciplinary Tribunal must dismiss the complaint or matter. |
| (5) A Disciplinary Tribunal may under subsection (2) order the registered allied health professional concerned to pay to the Council such sums as it thinks fit in respect of costs and expenses of and incidental to any proceedings before the Disciplinary Tribunal and, where applicable, an Interim Orders Committee. |
| (6) The General Division of the High Court has jurisdiction to tax the costs mentioned in subsection (5) and any such order for costs made is enforceable as if it were ordered in connection with a civil action in the General Division of the High Court. [40/2019] |
| (7) The Disciplinary Tribunal in ordering that costs be paid by the registered allied health professional under this section may certify that costs for more than one solicitor be paid if it is satisfied that the issues involved in the proceedings are of sufficient complexity, and the certification by the Disciplinary Tribunal has the same effect as if it were a certification by a Judge in a civil action in the General Division of the High Court. [40/2019] |
(8) The costs and expenses mentioned in subsection (5) include —| (a) | the costs and expenses of any assessor and advocate and solicitor appointed by the Council for proceedings before the Disciplinary Tribunal and the Interim Orders Committee; | | (b) | such reasonable expenses as the Council may pay to witnesses; and | | (c) | such reasonable expenses as are necessary for the conduct of proceedings before the Disciplinary Tribunal and the Interim Orders Committee. |
|
| (9) The penalty under subsection (2)(e) is recoverable as a debt due to the Government. |
|
| Effective dates of Disciplinary Tribunal orders and non‑compliance with orders, etc. |
54.—(1) Where a registered allied health professional in respect of whom an order under section 53(2)(c) or (d), 61(1)(b) or 63(1)(d) is made, is found by a Disciplinary Tribunal (whether, in the case of an order under section 53(2)(c) or (d), it is the Disciplinary Tribunal that made the order or another Disciplinary Tribunal appointed in its place) to have failed to comply with any of the requirements imposed on him or her as conditions or restrictions of his or her registration, the Disciplinary Tribunal may, if it thinks fit, by order —| (a) | direct the Registrar to remove his or her name from the appropriate register; or | | (b) | suspend his or her registration in the appropriate register for such period not exceeding 12 months as may be specified in the order. |
| (2) Where a Disciplinary Tribunal has made an order for suspension under subsection (1)(b) or section 53(2)(b), the Disciplinary Tribunal may make an order under section 53(2)(c) or (d), to take effect from the expiry of the current period of suspension. |
(3) Where a Disciplinary Tribunal has made an order for suspension under subsection (1)(b) or section 53(2)(b) against a registered allied health professional and he or she has failed to comply with that order, the Disciplinary Tribunal or another Disciplinary Tribunal appointed in its place may, if it thinks fit —| (a) | by order direct the Registrar to remove his or her name from the appropriate register; or | | (b) | make an order under section 53(2)(c) or (d), to take effect from the expiry of the current period of suspension. |
|
| (4) Where a Disciplinary Tribunal has made an order under section 53(2)(c) or (d), the Disciplinary Tribunal or another Disciplinary Tribunal appointed in its place may revoke the order or revoke or vary any of the conditions or restrictions imposed by the order. |
| (5) Subsection (1) applies to a registered allied health professional whose registration is subject to conditions or restrictions imposed by an order made under subsection (2) or (3) as it applies to a registered allied health professional whose registration is subject to conditions or restrictions imposed by an order made under section 53(2)(c) or (d), and subsection (4) applies accordingly. |
| (6) Where a Disciplinary Tribunal has made an order under section 53 or this section, or has varied the conditions or restrictions imposed by an order under this section, the Registrar must immediately serve on the registered allied health professional and on the complainant a notice of the order or the variation. |
| (7) Subject to subsection (8), an order made by a Disciplinary Tribunal for the removal of the name of a registered allied health professional from the appropriate register or for the suspension of his or her registration under subsection (1) or (3) or section 53(2) does not take effect until the expiry of 30 days after the order is made. |
| (8) On making an order for the removal of the name of a registered allied health professional from the appropriate register or for the suspension of his or her registration under subsection (1) or (3) or section 53(2), a Disciplinary Tribunal, if satisfied that to do so is necessary for the protection of members of the public or would be in the best interests of the registered allied health professional concerned, may order the Registrar to remove his or her name from the register or that his or her registration in the register be suspended immediately. |
(9) Where an order under subsection (8) is made, the Registrar must immediately serve a notice of the order on the person to whom it applies and —| (a) | if that person was present or represented at the proceedings of the Disciplinary Tribunal, the order takes effect from the time the order is made; or | | (b) | if that person was neither present nor represented at the proceedings of the Disciplinary Tribunal, the order takes effect from the date the notice is served on him or her. |
|
| (10) An order of a Disciplinary Tribunal, other than an order for the removal of a name or for the suspension of a registration under subsection (1) or (3) or section 53(2)(a) or (b), takes effect from the date the order is made. |
| (11) While any order of suspension of registration remains in force, the person concerned is not to be regarded as being registered, even though the person’s name still appears in a register, but immediately on the expiry of the order, the person’s rights and privileges as a registered allied health professional are revived as from the date of the expiry provided that the registered allied health professional has complied with all the terms of the order. |
|
| Appeal against order by Disciplinary Tribunal |
| 55.—(1) A registered allied health professional or the Council who is dissatisfied with a decision of the Disciplinary Tribunal mentioned in section 53(2), (4) or (5) or 54 (called in this section the decision of the Disciplinary Tribunal) may, within 30 days after the notice of the order is served on the registered allied health professional, appeal to the General Division of the High Court against the order (called in this section an appeal to the General Division of the High Court). [40/2019] | (2) A complainant who is dissatisfied with the decision of the Disciplinary Tribunal may, within 30 days from the lapse of the period for appeal in subsection (1), provided the complainant has not received notice of the Council’s decision to file an appeal to the General Division of the High Court, apply to a Review Committee to direct the Council to file an appeal to the General Division of the High Court. [40/2019] |
(3) For the purposes of hearing applications under subsection (2), the Minister may appoint one or more Review Committees, each comprising —| (a) | one member from the panel mentioned in section 50(1)(a); and | | (b) | 2 members who are registered allied health professionals, each of whom has practised for at least 10 years in the same prescribed allied health profession as that which the registered allied health professional is registered in. |
|
| (4) The chairperson of a Review Committee must be appointed by the Minister from among its 3 members. |
| (5) A Review Committee is not bound by the rules of evidence and may regulate its own proceedings. |
| (6) Upon an application under subsection (2), the Review Committee may, if it is unanimously of the opinion that there are sufficient grounds for the decision of the Disciplinary Tribunal to be appealed against to the General Division of the High Court, direct the Council to file an appeal to the General Division of the High Court. [40/2019] |
| (7) Before exercising its power under subsection (6), the Review Committee must give to both the Council and the registered allied health professional concerned a reasonable opportunity to make representations in writing as to why the Review Committee should not make a direction under subsection (6). |
| (8) The Review Committee’s decision under subsection (6) is final. |
| (9) If the Review Committee directs the Council to file an appeal to the General Division of the High Court, the Council must do so within 14 days of the receipt of the direction notwithstanding the expiry of the period of 30 days mentioned in subsection (1). [40/2019] |
| (10) An appeal under this section is to be heard by the General Division of the High Court and from the decision of the General Division of the High Court there is no appeal. [40/2019] |
| (11) The procedure governing any such appeal to the General Division of the High Court is as provided for in the Rules of Court. [40/2019] |
| (12) In any appeal to the General Division of the High Court against a decision mentioned in section 53(2), (4) or (5) or 54, the General Division of the High Court is to accept as final and conclusive any finding of the Disciplinary Tribunal relating to any issue of medical ethics or standards of professional conduct unless such finding is in the opinion of the General Division of the High Court unsafe, unreasonable or contrary to the evidence. [40/2019] |
| (13) Despite anything in section 53 or 54, where a registered allied health professional has appealed to the General Division of the High Court against an order mentioned in section 53(2) or 54, the order does not take effect unless the order is confirmed by the General Division of the High Court or the appeal is for any reason dismissed by the General Division of the High Court or is withdrawn. [40/2019] |
|
| Restoration of names to register |
56.—(1) Where the name of a registered allied health professional has been removed from a register pursuant to an order made by a Disciplinary Tribunal under section 53 or 54, the Council may, on its own motion or upon his or her application —| (a) | direct that his or her name be restored to the register; or | | (b) | direct that he or she be registered with restricted, conditional or temporary registration, and section 17(2) and (3), 18(4) to (9) or 19(3), (4) and (5) (as the case may be) applies accordingly. |
(2) An application for the restoration of a name to a register under this section must not be made to the Council —| (a) | before the expiry of 3 years from the date of the removal; or | | (b) | more than once in any period of 12 months by or on behalf of the person, |
| and unless the person has complied with all the terms of the order made against him or her. |
|
|
| Division 6 — Health Committee |
57.—(1) The Council may, from time to time, appoint one or more Health Committees, each comprising at least 3 persons, of whom —| (a) | at least one is a registered allied health professional who has practised for at least 15 years in the same prescribed allied health profession as that which the registered allied health professional being complained against is registered in, and who is the chairperson; | | (b) | at least one is a registered allied health professional who has practised for at least 10 years in the same prescribed allied health profession as that which the registered allied health professional being complained against is registered in; and | | (c) | one is a layperson. |
| (2) A Health Committee must inquire into any case or matter referred to it under this Act. |
| (3) A Health Committee may be appointed in connection with one or more matters or for a fixed period of time as the Council may think fit. |
|
| Unfitness to practise through illness, etc. |
58.—(1) Where a Health Committee determines that a registered allied health professional’s fitness to practise is impaired by reason of his or her physical or mental condition, the Health Committee may exercise one or more of the following powers:| (a) | order that his or her registration in the appropriate register be suspended for such period not exceeding 12 months as may be specified in the order; | | (b) | where the registered allied health professional is an allied health professional with full registration, order the Registrar to remove his or her name from the Register of Allied Health Professionals with Full Registration and register him or her as an allied health professional with restricted or conditional registration in the prescribed allied health profession in which he or she is registered and with appropriate restrictions or conditions, and section 17(2) and (3) or 18(4) to (9) (as the case may be) applies accordingly; | | (c) | where the registered allied health professional is registered in any register other than the Register of Allied Health Professionals with Full Registration, order that appropriate conditions or restrictions be imposed on his or her registration; | | (d) | recommend to the Council that the name of the registered allied health professional be removed from the appropriate register; | | (e) | order that he or she pays to the Council costs and expenses of and incidental to any inquiry or hearing by the Health Committee and, where applicable, an Interim Orders Committee. |
| (2) Where the Council accepts the recommendation of the Health Committee under subsection (1)(d), the Council must by order direct the Registrar to remove the name of the registered allied health professional from the appropriate register and that order takes effect from the date the order is made. |
| (3) Where a registered allied health professional, in respect of whom an order under subsection (1)(b) or (c) or section 61(1)(b) or 63(1)(d) is made, is determined by a Health Committee to have failed to comply with any of the requirements imposed on him or her as conditions or restrictions of his or her registration, the Health Committee may, if it thinks fit, order that his or her registration in the appropriate register be suspended for such period not exceeding 12 months as may be specified in the order. |
| (4) Where a Health Committee has made an order for suspension under subsection (1) or (3), the Health Committee may make an order under subsection (1)(b) or (c), to take effect from the expiry of the current period of suspension. |
(5) Where a Health Committee has made an order for suspension under subsection (1) or (3) against a person and that person has failed to comply with that order, the Health Committee may, if it thinks fit —| (a) | make a recommendation mentioned in subsection (1)(d) to the Council, and subsection (2) applies accordingly; or | | (b) | make an order under subsection (1)(b) or (c), to take effect from the expiry of the current period of suspension. |
|
| (6) Where a Health Committee has made an order under subsection (1)(b) or (c), the Health Committee or another Health Committee appointed in its place may, on its own motion or on the application of the Council or the registered allied health professional, revoke the order or revoke or vary any of the conditions or restrictions imposed by the order. |
| (7) An application under subsection (6) must not be made in respect of the same registered allied health professional more than once in any period of 12 months. |
| (8) Subsection (3) applies to a registered allied health professional whose registration is subject to conditions or restrictions imposed by an order made under subsection (4) or (5)(b) as it applies to a registered allied health professional whose registration is subject to conditions or restrictions imposed by an order made under subsection (1)(b) or (c), and subsection (5) applies accordingly. |
| (9) Where a Health Committee has made an order (including a revocation of the order or a revocation or variation of any condition or restriction imposed by the order) under this section, the Registrar must immediately serve on the person to whom the order applies a notice of the order or of the revocation or variation. |
| (10) While a person’s registration in a register is suspended by virtue of this section, the person is to be treated as not being registered in the register even though his or her name still appears in it, but immediately on the expiry of the order of suspension, his or her rights and privileges as a registered allied health professional are revived as from the date of the expiry provided that the registered allied health professional has complied with all the terms of the order. |
| (11) Sections 50(11), (12), (13) and (14)(a) and 51 apply, with the necessary modifications, to a Health Committee and references to a Disciplinary Tribunal are to be read as references to a Health Committee. |
| (12) Any person who is aggrieved by an order (including a revocation of the order or a revocation or variation of any condition or restriction imposed by the order) made under this section may, within 30 days after the service on the person of the notice of the order, appeal to the Minister whose decision is final. |
| (13) Any order (including a revocation of the order or a revocation or variation of any condition or restriction imposed by the order) made under this section takes effect from the date the order, revocation or variation is made unless the Minister decides otherwise. |
|
| Restoration of names removed on recommendation of Health Committee |
59.—(1) Where the name of a registered allied health professional has been removed from a register on the recommendation of a Health Committee under section 58, the Council may, on its own motion or upon his or her application —| (a) | direct that his or her name be restored to the register; or | | (b) | direct that he or she be registered with restricted, conditional or temporary registration, and section 17(2) and (3), 18(4) to (9) or 19(3), (4) and (5) (as the case may be) applies accordingly. |
| (2) An application under subsection (1) in respect of the same person must not be made to the Council more than once in any period of 12 months. |
| (3) An application under subsection (1) in respect of a person must not be made to the Council unless that person has complied with all the terms of the order made against him or her. |
|
| Division 7 — Interim Orders Committees |
60.—(1) The Council may from time to time appoint one or more committees each comprising —| (a) | 2 of its members of whom one is to be appointed the chairperson; and | | (b) | one registered allied health professional who has practised for at least 10 years in the same prescribed allied health profession as that which the registered allied health professional being complained against is registered in, |
| to be known for the purposes of this Act as Interim Orders Committees, to inquire into any matter referred by the Council under subsection (3). |
| (2) An Interim Orders Committee may be appointed in connection with one or more matters or for a fixed period of time. |
| (3) The Chairperson of the Complaints Panel, or a Complaints Committee, Disciplinary Tribunal or Health Committee may refer any complaint or information to the Council for the purpose of determining if an order should be made under section 61(1), and the Council must refer the complaint or information to an Interim Orders Committee for this purpose. |
| (4) The Chairperson of the Complaints Panel, or a member of a Complaints Committee, a Disciplinary Tribunal or a Health Committee (as the case may be), inquiring into any matter must not be a member of an Interim Orders Committee inquiring into or reviewing the same matter. |
| (5) A member of an Interim Orders Committee inquiring into or reviewing any matter must not be a member of a Complaints Committee, Health Committee or Disciplinary Tribunal inquiring into the same matter, or take part in any deliberation of the Council under section 58 in respect of the same matter. |
| (6) All members of an Interim Orders Committee must vote on any question arising at a meeting of the Interim Orders Committee and that question is to be determined by a majority of votes. |
| (7) A member of an Interim Orders Committee which has commenced any inquiry or review of any case or matter, despite having ceased to be a member of the Council on the expiry of his or her term of office, continues to be a member of the Interim Orders Committee until completion of that inquiry or review. |
| (8) Sections 50(11), (12), (13) and (14)(a) and 51(1), (4) to (8) and (11) apply, with the necessary modifications, to an Interim Orders Committee and to proceedings before it as they apply to a Disciplinary Tribunal and to proceedings before a Disciplinary Tribunal. |
|
61.—(1) Where, upon due inquiry into any complaint or information referred to it, an Interim Orders Committee is satisfied that it is necessary for the protection of members of the public or is otherwise in the public interest, or is in the interests of the registered allied health professional concerned, that his or her registration be suspended or be made subject to conditions or restrictions, the Interim Orders Committee may make an order —| (a) | that his or her registration in the appropriate register be suspended for such period not exceeding 18 months as may be specified in the order (called in this Part an interim suspension order); or | | (b) | that his or her registration be conditional on his or her compliance, during such period not exceeding 18 months as may be specified in the order, with such conditions or restrictions so specified as the Interim Orders Committee thinks fit to impose (called in this Part an interim restriction order). |
| (2) The Registrar must immediately serve a notification of the order on the registered allied health professional, and the order takes effect from the date the order is made. |
|
62.—(1) Subject to subsection (2), where an Interim Orders Committee has made an order under section 61(1), the Interim Orders Committee or another Interim Orders Committee appointed in its place —| (a) | must review it within the period of 6 months beginning on the date on which the order was made, and must thereafter, for so long as the order continues in force, further review it before the end of the period of 3 months beginning on the date of the decision of the immediately preceding review; and | | (b) | may review it where new evidence relevant to the order has become available after the making of the order. |
(2) Where the General Division of the High Court has extended the order under section 65(2) or an Interim Orders Committee has made a replacement order under section 63(1)(c) or (d), the first review after such extension or making of the replacement order must take place —| (a) | if the order (or the order which has been replaced) had not been reviewed under subsection (1) — within the period of 6 months beginning on the date on which the General Division of the High Court ordered the extension or on which the replacement order was made, as the case may be; or | | (b) | if it had been reviewed under subsection (1) — within the period of 3 months beginning on the date on which the General Division of the High Court ordered the extension or on which the replacement order was made. [40/2019] |
|
|
| Interim Orders Committee may revoke, vary or replace interim order |
63.—(1) Where an interim suspension order or an interim restriction order has been made under this section or section 61(1) in relation to any person, the Interim Orders Committee that made the order or another Interim Orders Committee appointed in its place may, either upon its review under section 62 or upon the recommendation of a Complaints Committee, Disciplinary Tribunal or Health Committee —| (a) | revoke the order or revoke any condition or restriction imposed by the order; | | (b) | make an order varying any condition or restriction imposed by the order; | | (c) | if satisfied that to do so is necessary for the protection of members of the public or is otherwise in the public interest, or is in the interests of the registered allied health professional concerned, or that the registered allied health professional has not complied with any requirement imposed as a condition or restriction of his or her registration in the interim restriction order, replace that order with an interim suspension order having effect for the remainder of the period of that order; or | | (d) | if satisfied that the public interest or the interests of the registered allied health professional concerned would be more adequately served by an interim restriction order, replace the interim suspension order with an interim restriction order having effect for the remainder of the period of the interim suspension order. |
| (2) The Registrar must immediately serve a notification of the decision under subsection (1) on the registered allied health professional, and such order takes effect from the date the order is made. |
|
64.—(1) An order under section 61(1) or 63(1)(b), (c) or (d) must not be made by an Interim Orders Committee in respect of any registered allied health professional unless he or she has been given an opportunity of appearing before the Interim Orders Committee and being heard on the question whether such an order should be made in his or her case.| (2) For the purposes of subsection (1), the registered allied health professional may be represented before the Interim Orders Committee by counsel. |
| (3) Regulations made for the purposes of an Interim Orders Committee may include provisions securing that the registered allied health professional in respect of whom an interim suspension order or an interim restriction order has been made is, if he or she so requires, entitled to be heard by the Interim Orders Committee on each occasion when it reviews the order, and to be represented by counsel during such review. |
|
| Application to General Division of High Court |
| 65.—(1) The Council may apply to the General Division of the High Court for an extension of the period for which an order made under section 61(1) or 63(1)(c) or (d) has effect, and may apply again for further extensions. [40/2019] | (2) On such an application, the General Division of the High Court may extend (or further extend) for up to 12 months the period for which the order has effect. [40/2019] |
(3) The General Division of the High Court may, on application by the registered allied health professional concerned —| (a) | in the case of an interim suspension order — revoke the order; | | (b) | in the case of an interim restriction order — revoke the order or vary any condition or restriction imposed by the order; or | | (c) | in either case — substitute for the period specified in the order (or in the order extending it) some other period which could have been specified in the order when it was made (or in the order extending it). [40/2019] |
|
|
| Duration of interim orders |
66.—(1) An interim suspension order or an interim restriction order is in force until the earlier of the following:| (a) | the end of the period specified —| (i) | in the order; or | | (ii) | if the period is extended under section 65(2), in the order extending it; |
| | (b) | the date on which the relevant proceedings are concluded. |
(2) For the purposes of subsection (1)(b), the relevant proceedings are concluded if —| (a) | the Complaints Committee inquiring into the complaint or information has made an order under section 49(1) and —| (i) | no appeal to the Minister under section 49(10) or (11) was made against that decision within the period specified in that provision or such an appeal was withdrawn; or | | (ii) | the Minister made an order under section 49(13)(a) or (d); |
| | (b) | the Disciplinary Tribunal inquiring into the complaint or information has made an order under section 53(2) which has taken effect, or has dismissed the complaint or matter under section 53(4); or | | (c) | the Health Committee inquiring into the matter has made an order under section 58(1) which has taken effect, the Council has made an order under section 58(2) which has taken effect, or the Health Committee has dismissed the complaint or matter, |
|
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| Person suspended under interim suspension order not regarded as registered |
67.—(1) While a person’s registration in a register is suspended by virtue of an interim suspension order, he or she is not regarded as being registered even though his or her name still appears in the register.| (2) Immediately upon the expiry or revocation of the interim suspension order, the person’s rights and privileges as a registered allied health professional are revived from the date of the expiry or revocation, provided that he or she has complied with all the terms of the order. |
| (3) To avoid doubt, sections 39 to 55, 57 and 58 continue to apply to a person whose registration in the register is suspended by virtue of an interim suspension order. |
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| Division 8 — Appointment of legal counsel |
| Council may appoint legal counsel |
| 68. For the purposes of an inquiry under this Part by a Disciplinary Tribunal, a Health Committee or an Interim Orders Committee, the Council may appoint an advocate and solicitor and pay him or her, as part of the expenses of the Council, such remuneration as the Council may determine. |
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