Singapore legislation
Section 55
Section 55
Appeal against order by Disciplinary Tribunal
(1)
A registered allied health professional or the Council who is dissatisfied with a decision of the Disciplinary Tribunal mentioned in section 53(2), (4) or (5) or 54 (called in this section the decision of the Disciplinary Tribunal) may, within 30 days after the notice of the order is served on the registered allied health professional, appeal to the General Division of the High Court against the order (called in this section an appeal to the General Division of the High Court).
(2)
A complainant who is dissatisfied with the decision of the Disciplinary Tribunal may, within 30 days from the lapse of the period for appeal in subsection (1), provided the complainant has not received notice of the Council’s decision to file an appeal to the General Division of the High Court, apply to a Review Committee to direct the Council to file an appeal to the General Division of the High Court.
(3)
For the purposes of hearing applications under subsection (2), the Minister may appoint one or more Review Committees, each comprising —
one member from the panel mentioned in section 50(1)(a); and
2 members who are registered allied health professionals, each of whom has practised for at least 10 years in the same prescribed allied health profession as that which the registered allied health professional is registered in.
(4)
The chairperson of a Review Committee must be appointed by the Minister from among its 3 members.
(5)
A Review Committee is not bound by the rules of evidence and may regulate its own proceedings.
(6)
Upon an application under subsection (2), the Review Committee may, if it is unanimously of the opinion that there are sufficient grounds for the decision of the Disciplinary Tribunal to be appealed against to the General Division of the High Court, direct the Council to file an appeal to the General Division of the High Court.
(7)
Before exercising its power under subsection (6), the Review Committee must give to both the Council and the registered allied health professional concerned a reasonable opportunity to make representations in writing as to why the Review Committee should not make a direction under subsection (6).
(8)
The Review Committee’s decision under subsection (6) is final.
(9)
If the Review Committee directs the Council to file an appeal to the General Division of the High Court, the Council must do so within 14 days of the receipt of the direction notwithstanding the expiry of the period of 30 days mentioned in subsection (1).
(10)
An appeal under this section is to be heard by the General Division of the High Court and from the decision of the General Division of the High Court there is no appeal.
(11)
The procedure governing any such appeal to the General Division of the High Court is as provided for in the Rules of Court.
(12)
In any appeal to the General Division of the High Court against a decision mentioned in section 53(2), (4) or (5) or 54, the General Division of the High Court is to accept as final and conclusive any finding of the Disciplinary Tribunal relating to any issue of medical ethics or standards of professional conduct unless such finding is in the opinion of the General Division of the High Court unsafe, unreasonable or contrary to the evidence.
(13)
Despite anything in section 53 or 54, where a registered allied health professional has appealed to the General Division of the High Court against an order mentioned in section 53(2) or 54, the order does not take effect unless the order is confirmed by the General Division of the High Court or the appeal is for any reason dismissed by the General Division of the High Court or is withdrawn.