Singapore legislation
Section 49
Section 49
Findings of Complaints Committee
(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:
issue a letter of advice to the registered allied health professional;
issue a letter of warning to the registered allied health professional;
order that the registered allied health professional seek and undergo medical or psychiatric treatment or counselling;
order that the registered allied health professional undertake and complete specified further education or training within a specified period;
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;
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;
by agreement with the registered allied health professional —
order the Registrar to remove the name of the registered allied health professional from the appropriate register;
suspend the registration of the registered allied health professional from the appropriate register for a period not exceeding 3 years;
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;
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
order that his or her practising certificate be suspended or cancelled;
refer the matter for mediation between the registered allied health professional and the complainant;
order that the complaint or matter be dismissed;
make such other order as it thinks fit.
(2)
Where a Complaints Committee determines that a formal inquiry is necessary, it may order —
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
that a formal inquiry be held by a Disciplinary Tribunal.
(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 —
it is referred to a Complaints Committee, Disciplinary Tribunal or Health Committee under this section; or
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.
(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 —
an order affirming the determination of a Complaints Committee;
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);
an order directing the Council to —
immediately appoint a Disciplinary Tribunal to hear and investigate the complaint or matter; or
order that an inquiry into such matter be held by a Health Committee; or
such other order as the Minister thinks fit.
(14)
Every Complaints Committee must immediately report to the Council its findings and the order or orders made.