Singapore legislation
Clause 54
Clause 54
Effective dates of Disciplinary Tribunal orders and non-compliance with orders, etc.
(1)
Where a registered allied health professional in respect of whom an order under section 53(2)(c) or (d), 61(1)(b) or 63(1)(d) is made, is found by a Disciplinary Tribunal (whether, in the case of an order under section 53(2)(c) or (d), it is the Disciplinary Tribunal that made the order or another Disciplinary Tribunal appointed in its place) to have failed to comply with any of the requirements imposed on him as conditions or restrictions of his registration, the Disciplinary Tribunal may, if it thinks fit, by order —
direct the Registrar to remove his name from the appropriate register; or
suspend his registration in the appropriate register for such period not exceeding 12 months as may be specified in the order.
(2)
Where a Disciplinary Tribunal has made an order for suspension under subsection (1)(b) or section 53(2)(b), the Disciplinary Tribunal may make an order under section 53(2)(c) or (d), to take effect from the expiry of the current period of suspension.
(3)
Where a Disciplinary Tribunal has made an order for suspension under subsection (1)(b) or section 53(2)(b) against a registered allied health professional and he has failed to comply with that order, the Disciplinary Tribunal or another Disciplinary Tribunal appointed in its place may, if it thinks fit —
by order direct the Registrar to remove his name from the appropriate register; or
make an order under section 53(2)(c) or (d), to take effect from the expiry of the current period of suspension.
(4)
Where a Disciplinary Tribunal has made an order under section 53(2)(c) or (d), the Disciplinary Tribunal or another Disciplinary Tribunal appointed in its place may revoke the order or revoke or vary any of the conditions or restrictions imposed by the order.
(5)
Subsection (1) shall apply to a registered allied health professional whose registration is subject to conditions or restrictions imposed by an order made under subsection (2) or (3) as it applies to a registered allied health professional whose registration is subject to conditions or restrictions imposed by an order made under section 53(2)(c) or (d), and subsection (4) shall apply accordingly.
(6)
Where a Disciplinary Tribunal has made an order under section 53 or this section, or has varied the conditions or restrictions imposed by an order under this section, the Registrar shall immediately serve on the registered allied health professional and on the complainant a notice of the order or the variation.
(7)
Subject to subsection (8), an order made by a Disciplinary Tribunal for the removal of the name of a registered allied health professional from the appropriate register or for the suspension of his registration under subsection (1) or (3) or section 53(2) shall not take effect until the expiration of 30 days after the order is made.
(8)
On making an order for the removal of the name of a registered allied health professional from the appropriate register or for the suspension of his registration under subsection (1) or (3) or section 53(2), a Disciplinary Tribunal, if satisfied that to do so is necessary for the protection of members of the public or would be in the best interests of the registered allied health professional concerned, may order the Registrar to remove his name from the register or that his registration in the register be suspended immediately.
(9)
Where an order under subsection (8) is made, the Registrar shall immediately serve a notice of the order on the person to whom it applies and —
if that person was present or represented at the proceedings of the Disciplinary Tribunal, the order shall take effect from the time the order is made; or
if that person was neither present nor represented at the proceedings of the Disciplinary Tribunal, the order shall take effect from the date of service of the notice on him.
(10)
An order of a Disciplinary Tribunal, other than an order for the removal of a name or for the suspension of a registration under subsection (1) or (3) or section 53(2)(a) or (b), shall take effect from the date the order is made.
(11)
While any order of suspension of registration remains in force, the person concerned shall not be regarded as being registered, notwithstanding that his name still appears in a register, but immediately on the expiry of the order, his rights and privileges as a registered allied health professional shall be revived as from the date of the expiry provided that the registered allied health professional has complied with all the terms of the order.