Singapore legislation
Section 11
Section 11
Commencement of inquiry, etc.
(1)
An Inquiry Committee must, within a reasonable time of its constitution, commence its inquiry and, subject to subsection (2), submit a written report of its findings (called in this section the written report) to the Commissioner not later than 6 months after its constitution.
(2)
The Commissioner may grant an extension of time to an Inquiry Committee to submit the written report to the Commissioner if he or she is satisfied that the circumstances of the case justify the grant of an extension of time.
(3)
Subject to the provisions of this Act, the Inquiry Committee may determine its own procedure.
(4)
Where an Inquiry Committee is of the opinion that a registered inspector should be called upon to answer any allegation made against him or her, the Inquiry Committee must —
post or deliver to the registered inspector concerned —
copies of any complaint made against him or her; and
a notice inviting him or her to give, within such period (being at least 14 days) as may be specified in the notice, to the Inquiry Committee any written explanation he or she may wish to offer and to advise the Inquiry Committee if he or she wishes to be heard by the Committee;
allow the time specified in the notice to elapse;
give the registered inspector concerned reasonable opportunity to be heard if he or she so desires; and
give due consideration to any explanation (if any) given by the registered inspector concerned.
(5)
Where the complainant withdraws the complaint before the Inquiry Committee is constituted or before the inquiry by the Committee is concluded, the Commissioner may, despite such withdrawal, constitute an Inquiry Committee and direct it to inquire, or may direct the Inquiry Committee to continue with its inquiry, into the matter, and the Inquiry Committee must comply with that direction.
(6)
An Inquiry Committee must, in its written report, make such recommendation as it thinks fit.
(7)
The Commissioner must consider the written report submitted by an Inquiry Committee and may —
dismiss the complaint;
by order cancel the registration of the registered inspector concerned;
by order suspend the registered inspector concerned from practice for a period not exceeding 12 months;
by order impose a penalty not exceeding $5,000;
in writing censure the registered inspector concerned; or
make such other order as the Commissioner thinks fit.
(8)
The Commissioner is not bound by any recommendation made by an Inquiry Committee in its written report.
(9)
The Commissioner must in writing notify the registered inspector concerned of the Commissioner’s decision or any order made against the registered inspector concerned under subsection (7).
(10)
A registered inspector who is aggrieved by a decision of or an order made by the Commissioner under subsection (7)(b), (c), (d) or (f) may, within 14 days of the receipt of the written notification, appeal to the Minister.
(11)
Any penalty imposed by the Commissioner in exercise of the powers conferred by subsection (7) is recoverable as a judgment debt from the registered inspector ordered to pay the penalty.[6C