Singapore legislation
Section 50
Section 50
Disciplinary Tribunal
(1)
The Council may from time to time appoint one or more Disciplinary Tribunals, each comprising —
a chairperson, from a panel appointed by the Minister, who 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;
a person who has at any time held office as a Supreme Court Judge or a Judicial Commissioner; or
a person who has had —
an aggregate of at least 15 years’ standing as an advocate and solicitor;
an aggregate of at least 15 years of full‑time employment in the Singapore Legal Service; or
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;
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 —
where the chairperson is a registered allied health professional, either —
another registered allied health professional as described in paragraph (b); or
a person described in paragraph (a)(ii) or (iii); or
where the chairperson is a person described in paragraph (a)(ii) or (iii), another registered allied health professional as described in paragraph (b); and
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).
(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 registered allied health professional from another prescribed allied health profession; or
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.
(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) —
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
must, in any other case, hear and investigate the matter afresh.
(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 —
where the chairperson is a registered allied health professional — the chairperson has a casting vote; or
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.