Singapore legislation
Section 53
Section 53
Findings of Disciplinary Tribunal
(1)
Where a registered allied health professional is found by a Disciplinary Tribunal —
to have been convicted in Singapore or elsewhere of any offence involving fraud or dishonesty;
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;
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;
to have been guilty of professional misconduct; or
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 —
by order direct the Registrar to remove the name of the registered allied health professional from the appropriate register;
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;
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;
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;
by order impose on the registered allied health professional a penalty not exceeding $50,000;
by writing censure the registered allied health professional;
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
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.
(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.
(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.
(8)
The costs and expenses mentioned in subsection (5) include —
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;
such reasonable expenses as the Council may pay to witnesses; and
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.