Singapore legislation
Clause 49
Clause 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 referred to in section 44(5)), a Complaints Committee shall, 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 physical or mental condition or on the status of his practice at such times, in such manner and to such persons as may be specified by the Complaints Committee;
order that the registered allied health professional seek and take advice, in relation to the management of his practice, from such persons as may be specified by the Complaints Committee;
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 of not more than 3 years;
where the registered allied health professional is an allied health professional with full registration, order the Registrar to remove his name from the Register of Allied Health Professionals with Full Registration and register him as an allied health professional with restricted or conditional registration in the prescribed allied health profession in which he is registered and with appropriate conditions or restrictions, and section 17(2) and (3) or 18(4) to (9), as the case may be, shall apply 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 registration; or
order that his 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 shall 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 an 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 shall appoint a Disciplinary Tribunal or Health Committee, as the case may be, which shall hear and investigate the complaint or matter.
(4)
Where a Complaints Committee has decided to issue a letter of advice, the chairman of the Complaints Committee shall issue a letter of advice in such terms as it thinks fit.
(5)
Where a Complaints Committee has referred the matter for mediation, section 43 shall apply with the necessary modifications and references in section 43(4) and (5) to section 42(4)(b)(i) or (c) shall 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, 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 shall record the information and report it to the Council.
(8)
Where the complainant withdraws his 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, notwithstanding such 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 Chairman of the Complaints Panel, or the Complaints Committee, Disciplinary Tribunal or Health Committee, as the case may be, shall comply with such direction as if the complaint had been made by the Council.
(9)
A Complaints Committee shall 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 shall be final.
(11)
If the person who has made the complaint or referred information to the Council is dissatisfied with any order of a Complaints Committee under subsection (1), he may, within 30 days of being notified of the determination of the Complaints Committee, appeal to the Minister whose decision shall be 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 Chairman 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 shall be 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 he thinks fit.
(14)
Every Complaints Committee shall immediately report to the Council its findings and the order or orders made.