Singapore legislation
Section 35
Section 35
Inquiry by Complaints Committee
(1)
A Complaints Committee shall inquire into any complaint or information, or any information or evidence referred to in subsection (9), and complete its preliminary inquiry not later than 3 months from —
the date the complaint or information is laid before the Complaints Committee; or
the date the information or evidence referred to in subsection (9) is received by the Complaints Committee,as the case may be.
(2)
Where a Complaints Committee is of the opinion that it will not be able to complete its preliminary 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 preliminary inquiry, the Complaints Committee may apply in writing to the chairman of the Complaints Panel for an extension of time to complete its inquiry and the chairman of the Complaints Panel may grant such extension of time to the Complaints Committee as he thinks fit.
(3)
For the purposes of any inquiry, a Complaints Committee may —
call upon or appoint any person it considers necessary to assist it in its investigations and deliberations;
require the production of any book, document, paper or other record which may be related to or be connected with the subject-matter of the inquiry for inspection by the Complaints Committee or the person appointed under paragraph (a) and for making copies thereof; and
require the registered dentist or registered oral health therapist concerned to give all information in relation to any such book, document, paper or other record which may be reasonably required by the Complaints Committee or by the person so appointed.
(4)
Any registered dentist, registered oral health therapist or any other person who, without lawful excuse —
refuses or fails to produce to a Complaints Committee or to any person to whom the Complaints Committee may appoint for the purpose of the inquiry any book, document, paper or other record referred to in subsection (3); or
fails to give any such information relating thereto,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $50 for every day or part thereof during which the offence continues after conviction.
(5)
All such information, including such book, document, paper or other record used by the Complaints Committee in the course of its deliberations, shall be confidential and shall not be disclosed to any person including the registered dentist or registered oral health therapist unless the Complaints Committee in its discretion thinks otherwise.
(6)
The Complaints Committee may, at any time before it makes its findings, seek such legal advice as it thinks necessary.
(7)
Where a Complaints Committee is of the opinion that a registered dentist or registered oral health therapist should be called upon to answer any allegation made against him, the Complaints Committee shall post or deliver to that registered dentist or registered oral health therapist —
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
a notice inviting that registered dentist or registered oral health therapist to give to the Complaints Committee, within such period (not being less than 21 days) as may be specified in the notice, any written explanation he may wish to offer.
(8)
The registered dentist or registered oral health therapist concerned shall 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.
(9)
Where, in the course of its inquiry, a Complaints Committee receives information touching on or evidence of the conduct or physical or mental fitness of the registered dentist or registered oral health therapist concerned which may give rise to proceedings under this Part, the Complaints Committee may, after giving notice to him, decide on its own motion to inquire into that matter.
(10)
Where the complainant withdraws his complaint before —
it is referred to a Complaints Committee or the Health Committee under this Part; or
the conclusion of the inquiry of a Complaints Committee or Disciplinary Committee before which it is laid, or of the Health Committee,the Council may, notwithstanding such withdrawal, direct that an inquiry be conducted into the complaint or the inquiry into the complaint be continued, and the chairman of the Complaints Panel, the Complaints Committee, the Disciplinary Committee or the Health Committee, as the case may be, shall comply with such direction as if the complaint had been made by the Council.
(11)
Any member of the Council who is employed in the Ministry of Health shall not be disqualified from being a member of a Complaints Committee or Disciplinary Committee or the Health Committee by reason only that he or the complainant is so employed.